bench bar in Kentucky

2010Johnstone, writing for this Court in Matheny v. Commonwealth, 37 S.W.3d 756, 759 (Ky.2001): For guidance to the bench and bar, we set forth the preferred procedure a trial court should follow when accepting a guilty plea that is made pursuant to a plea agreement.

2004Matheny v. Commonwealth, Ky., 37 S.W.3d 756, 759 (2001) (quoting Misher, 576 S.W.2d at 241) ("For guidance to the bench and bar, we set forth the preferred procedure a trial court should follow when accepting a guilty plea that is made pursuant to a plea agreement .... 'The sentencing court should merely accept the plea, note the recommendation or agreement concerning sentence, and set a day certain for sentencing.

2010As stated by the Court of Appeals in Misher v. Commonwealth, [ 576 S.W.2d 238 (Ky.App.1978) ], “The sentencing court should merely accept the plea, note the recommendation or agreement concerning sentence, and set a day certain for sentencing.

2004No sentencing at all should be carried out until KRS 532.050 has been complied with.’ "); Misher v. Commonwealth, Ky.App., 576 S.W.2d 238, 241 (1978) ("The sentencing function of our courts on pleas of guilty is carried out by the judge.

2025Harp v. Commonwealth, 266 S.W.3d 813, 818 (Ky. 2008).

2025Id. at 818 .

2007See Kentucky State Bar Ass’n v. Vincent, 537 S.W.2d 171, 173 (Ky.1976) ("It is beyond cavil that an attorney who is convicted of an offense involving moral turpitude, or who is convicted of an intentional and serious misdemeanor, or who is convicted of a felony, is guilty of such conduct as is calculated to bring the bench and bar into disrepute.

1978In Kentucky Bar Association v. Vincent, Ky., 537 S.W.2d 171 (1976), this court held that the conviction of an attorney for the wrongful use of a client’s money in and of itself constituted unethical and unprofessional conduct calculated to bring the bench and bar into disrepute.

2026Wright v. Ecolab, Inc., 461 S.W.3d 753, 758 (Ky. 2015). -7- contains just one reference to the written record.

2025In fact, this Court has in the past equated the firearm enhancement with other statutory enhancements that elevate the classification of an offense, even at the charging level.” 7 438 S.W.3d 333 -34 (quoting Jackson v. Commonwealth, 363 S.W.3d 11, 23-24 (Ky. 2012)).

2024Such careful preservation should eliminate uncertainty, which would inure to the benefit of everyone involved.” Dickerson v. Commonwealth, 278 S.W.3d 145, 149 (Ky. 2009).

2022See also Ky. Bar Ass'n v. Hardesty, 775 S.W.2d 87 (Ky. 1989) (holding “it [is] appropriate for the Bar Association to proceed against the individual in his capacity as a lawyer, as provided for in SCR Rule 3, regardless of the action taken by the [JCC].”). 4 Hardesty, 775 S.W.2d at 87. 5 Id. 6 Id. 8 nothing more than a public censure by the JCC for his alleged misconduct,7 though the KBA sought a one-year suspension.8 In the second case, Kentucky Bar Ass’n v. Wilson, this Court adopted the Board of Governor’s recommendation that former judge Billy Wilson be suspended from the practice of law f

2007This has come to be referred to in the vernacular as the `magic question ."' Montgomery v. Commonwealth , 819 S.W.2d 713, 717 (Ky. 1991). !d. at 718. a particular juror is disqualified by bias or prejudice, from whatever source . . . .' ' Thus, we cautioned the bench and bar of the Commonwealth that a truly biased juror could not, by virtue of the purportedly magic question, be magically rehabilitated.$ We again strongly caution the bench and bar of the Commonwealth to remove the term "magic question" from their lexicon.

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power.”); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country.”); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes.”); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to 'nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power.”); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country.”); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes.”); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to 'nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power."); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country."); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes."); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to `nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power.”); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country.”); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes.”); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to 'nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power."); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country."); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes."); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to `nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power.”); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country.”); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes.”); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to 'nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power.”); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country.”); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes.”); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to 'nol pros' belon

2004Until it does so, however, local prosecutors retain the common law nolle prosequi power.”); State v. Jackson, 420 So.2d 320, 322 (Fla.Dist.Ct.App.1982) ("In the absence of statute, the common law continues to be in force in most of the states of this country.”); Pryor v. Thomas, Ky., 361 S.W.2d 279, 280 (1962) ("it has long been accepted by the bench and bar that the common law prevails unless changed by our constitution or statutes.”); Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346, 1349 (1977) ("The authorities are virtually unanimous that the historical power to 'nol pros' belon

2001Indeed, we affirmed the basic proposition that the Court has authority over admission to and discipline of members of the bar in Ex Parte Auditor of Public Accounts, Ky., 609 S.W.2d 682, 683-84 (1980), when we stated, “There can be no doubt that this constitutional amendment completely removed the subject from any legislative authority and rendered obsolete and ineffective statutes pertaining to it.” Furthermore, Appellant points out that this Court has declared unconstitutional the General Assembly’s attempts to legislate aspects of legal practice, procedure, admission or discipline. 1 Howeve

2001Indeed, we affirmed the basic proposition that the Court has authority over admission to and discipline of members of the bar in Ex Parte Auditor of Public Accounts, Ky., 609 S.W.2d 682, 683-84 (1980), when we stated, "There can be no doubt that this constitutional amendment completely removed the subject from any legislative authority and rendered obsolete and ineffective statutes pertaining to it." Furthermore, Appellant points out that this Court has declared unconstitutional the General Assembly's attempts to legislate aspects of legal practice, procedure, admission or discipline. [1] Howe

1998After oral argument, by a majority vote, the Board of Governors found the Respondent herein not guilty of Count I, guilty of Count II, and recommended a six-month suspension, probated for two years under the following conditions: (1) that the Respondent abstain from the consumption of alcoholic beverages; (2) that the Respondent continue attending Alcoholics Anonymous (AA) meetings; (3) that the Respondent submit to supervision by an attorney as approved by the Executive Director of the Kentucky Bar Association, the terms of said supervision to be equivalent to those set out in Kentucky Bar As

1980“Nor does free speech give a lawyer the right to openly denigrate the court in the eyes of the public.” In re Raggio, 87 Nev. 369, 371 , 487 P.2d 499, 500 (1971).

1980“Nor does free speech give a lawyer the right to openly denigrate the court in the eyes of the public.” In re Raggio, 87 Nev. 369, 371 , 487 P.2d 499, 500 (1971).

1980“Our system of justice rests upon the mutual regard of the bench and bar.” Matter of Frerichs, supra at 766. “[I]n the case of a lawyer an abuse of the right of free speech may be some index of his character or fitness to be a lawyer.” In re Lacey, S.D., 283 N.W.2d 250, 252 (1979) quoting In re Gorsuch, 76 S.D. 191 , 75 N.W.2d 644 , 57 A.L.R.2d 1355 (1956).

1980“Our system of justice rests upon the mutual regard of the bench and bar.” Matter of Frerichs, supra at 766. “[I]n the case of a lawyer an abuse of the right of free speech may be some index of his character or fitness to be a lawyer.” In re Lacey, S.D., 283 N.W.2d 250, 252 (1979) quoting In re Gorsuch, 76 S.D. 191 , 75 N.W.2d 644 , 57 A.L.R.2d 1355 (1956).

1980“Our system of justice rests upon the mutual regard of the bench and bar.” Matter of Frerichs, supra at 766. “[I]n the case of a lawyer an abuse of the right of free speech may be some index of his character or fitness to be a lawyer.” In re Lacey, S.D., 283 N.W.2d 250, 252 (1979) quoting In re Gorsuch, 76 S.D. 191 , 75 N.W.2d 644 , 57 A.L.R.2d 1355 (1956).

1980“Our system of justice rests upon the mutual regard of the bench and bar.” Matter of Frerichs, supra at 766. “[I]n the case of a lawyer an abuse of the right of free speech may be some index of his character or fitness to be a lawyer.” In re Lacey, S.D., 283 N.W.2d 250, 252 (1979) quoting In re Gorsuch, 76 S.D. 191 , 75 N.W.2d 644 , 57 A.L.R.2d 1355 (1956).