Divorce Law Journal

Kentucky Law Blog: KATA to Form Domestic Law Section

Great news from the Kentucky Law Blog! The Kentucky Academy of Trial Attorneys is forming a Domestic Law Section. The organizational meeting will be July 11, 2006, 9:30 am at KATA headquarters. This section will fill a badly needed void in the professional development of family lawyers in Kentucky. No other family law organization has widely available trial skills seminars. The ABA has its great annual Family Law Trial Advocacy Institute, but there is room for only 30 students across the entire country. See Michelle Eisenmenger Mapes' posting about last month's Institute. The American Academy of Matrimonial Attorneys offers terrific substantive CLE and an Associate's Institute, but the requirements for membership are rigorous, the CLE expensive, and other than the one seminar in Chicago for newbies, little trial practice skill development is available. With the exception of exclusitivity, the same is true of ABA family law education. While the best domestic lawyers will always encourage settlement and work hard to settle cases, the fact is that some cases just have to be tried. It has always been my strong belief that if a lawyer is known as a good litigator, the client of that lawyer will fare better in settlement negotiations.

Kudos to KATA for branching into this much needed area!

LawReader Posts Quick Digests of Kentucky Cases

LawReader is now posting Kentucky Court of Appeals and Supreme Court decisions and a synopsis within hours of release. You must subscribe to access the full opinion and a complete digest, but the price is reasonable, especially in view of the numerous legal research tools it offers. Accessing the unpublished cases will likely become important if our Civil Rules are amended, as expected, to permit reference to them not as precedent, but for persuasion. Mike Stevens' site, Kentucky Cases, still has the fast, free posting of all the decisions online and summaries are posted soon. We intend to keep posting all Kentucky family law cases and a digest after they become final so our database is more useful to us in practice. Hopefully it will become useful to you, too. If you are interested in all Kentucky decisions, hot off the press, now you know where to find them.
In the nature of news, however, here are the family law cases released today, as posted on the LawReader blog:

" Court did not err in ordering spouse to compensate ex-wife for share of retirement benefits based on[QDRO]” assets pursuant to property settlement agreement."

"The family court erred by awarding the certificate of deposit to Justin instead of finding it to be a marital asset and dividing it in just proportions."

" Any agreement (regarding child support) which affects the best interest of a child is always subject to the approval of the court having proper jurisdiction of the parties."

BluegrassReport.org

BluegrassReport.org, a feisty Kentucky political blog is a "must read" if you are interested in local politics and the behind the scenes gossip in the judicial world. While I cringe when I read reports that paint unflattering pictures of some judges and our judicial system, it's about time there was a platform to air concerns that were whispered in the past, and if there is another side to the story, it will all come out in the discussion. The linked story about Governor Fletcher shutting down state employee access to BluegrassReport.org will be all over the traditional press. While many employers justifiably have good reason to prohibit blog browsing on-the-job, shutting down access to some and not other blogs does smack of intolerance to opinions other than one's (Fletcher's)own.

Kentucky Supreme Court Rules Same-Sex Mom Cannot Be Defacto Custodian Because She Was Not Primary Caregiver Under KY Statute

The same-sex custody case decided by the Kentucky Supreme Court is front page, headline news in the Courier-Journal. The Court of Appeals decision in B.F. v. T.D was digested here, and we will post yesterday's Supreme Court Opinion and a digest of it shortly.

Update: Here is the linked 7-0 Opinion of the Court by Chief Justice Lambert in B.F. v. T.D., 2005 SC 000557-DG.

Update: Brief for Appellant, Brief for Appellee, and Appellant's Reply Brief.

Update: I have decided not to digest this case just yet. It is not final. It is a short opinion that has been digested many other places on the web. You can read the opinion at the link above. The facts have already been posted here. I will wait to follow all the discussion and any motions that may be filed, and then we'll talk about what it means not only for same-sex parents, but grandparents and others who consider themselves to be defacto parents.

Blonde Justice Includes Louisville Divorce Same Sex Marriage Post in Blawg Review #61

"A lucidly written, intelligent analysis of the legal issues implicated in the debate over same sex marriage on Louisville Divorce" caught my eye at Online Guide to Mediation. That led to the site hosting this week's Blawg Review #61, Blonde Justice, where our posting Same Sex Marriage Issue in Congress, Again was included as part of the review of the week. Don't you have to love a name like "Blonde Justice"? And, when writing about such a divisive and emotionally charged issue as same-sex marriage, especially in a state that quick-triggered a constitutional amendment, I can't tell you how good it feels to have someone call the analysis "lucid" and "intelligent."

Same-sex issues have been posted frequently here, but not for ideological reasons; I'm as straight as straight can be. The definition of family is evolving, however, and it is highly important that society consider the numerous types of families that are raising children, and that our law protect both partners in these relationships as well as their children. And, these issues are in the news constantly. Glad others outside the state appreciated the message.

It will be fun taking future looks at the Blonde Justice Blog as well as her collaborators on the Blawg Review, Woman of the Law and Not Guilty.

Finally, we'll be hosting Blawg Review on November 27, 2006. We're looking forward to having all our planned work in place well before then, and making the Blawg Review over-the-top outstanding (or at least as great as a blawg which will be nine months old at the time can be)!

Parental Abduction of Children

Indiana authorities made a tragic decision in failing to promptly issue an Amber Alert for the abduction of Collin Walker who had been abducted by his father at gun point. According to an Associated Press article in the Courier Journal, Indiana does not allow Amber Alerts when a child custody case is pending. No one will know whether an Amber Alert would have prevented Collin's murder, but this policy should be immediately changed.

Many children who are kidnapped are abducted by a parent. Just as we know domestic violence is likely to escalate at the time of separation or divorce, it is common sense that children would be more vulnerable to abduction by a parent during the pendency of a divorce or custody proceeding.

The Amber alert system appears to be very successful in locating abducted children when it is initiated quickly. When a child remains missing resources which may be helpful to attorneys include the ABA Center on Children and the Law publications, The National Center for Missing and Exploited Children, The U.S. Department of State, and Hilton House.

Dad Sues To Block Son's Circumcision

That's the headline from the Chicago Sun Times this week. "The divorced couple is embroiled in a bitter fight that will see national experts flying in to testify before a Cook County judge. Their battle reflects a national debate on circumcision -- a procedure that has dropped in popularity in the United States over the last 25 years."

Rather than spending a fortune on litigation and putting this before a surely overworked judge who could really be helping many other families, it's a shame the parents can't either be forced to learn some conflict resloution techniques or have the judge limit the hearing to who should have health care decisionmaking authority. No circumcision decision coming from a judge will be in the child's best interest and making national news adds insult to injury. Poor kid.

Till Debt Do Us Part

The San Francisco Family Law Blog reprints an article from Gannett, Till Debt Do Us Part. "Which financial issues most often cause strife? Spending too much and saving too little, according to couples who responded to a USA TODAY/CNN/Gallup Poll in March....Making matters worse is that couples don't talk much about money before committing to each other. Nearly two-thirds of married couples who responded to USA TODAY's poll said they talked little or not at all before the wedding about how to combine their finances."

That is part of the reason the AAML has launched its Forcus On Forever initiative. This 43-page workbook is designed for those entering long term, committed relationships, to develop skills needed for success. Created with Academy Fellows, along with two nationally recognized psychologists and a CPA-CFP. it includes vignettes, exercises, budget worksheets and suggested readings. It's available for purchase though the AAML for $11.50.

Safety Of Our Family Court Judges

Before we had a Family Court in Jefferson County Kentucky, while Judge Ellen Ewing was Chief Circuit Court Judge, airport style screening was adopted at the courthouse. I remember thinking how fortunate we were for her foresight to push for such expensive screening before a catastrophe occurred. Most administrators won't stick out their necks for the big bucks until someone is dead. The new Judicial Center was built with even better security in mind. As the details of the Nevada shooting are still unraveling it is not clear what security was in place to protect the judge. Check here for updates on that tragedy. Disputes in court are predictably volatile. We must fund state-of-the art security for our judiciary.

Update: If there is any doubt how much passion and venom against family court judges is out there, and how serious the risk is to judicial safety, check out Art of Divorce and it's story Shot Reno Family Law Judge Accused Of God Complex which links to an AP story in Las Vegas Sun.

Digital Footprints

Sprint's new Family Locator and the Verizon Chaperone sell phone locator feature being launched today are discussed in the Legington Hearld-Leader. "Among the unresolved legal issues: Should disclosure of location data require the high legal barrier now surrounding wiretaps, or the lower legal barrier for less intrusive information, such as what numbers a person has dialed? Should private parties, such as spouses involved in a divorce, have access to location data?"

Family Court Judge in Reno Nevada Shot in Courthouse

Here's the breaking news story from CNN. We will update and comment as story develops.

UPDATE from msn.

Interdisciplinary Practice

Family law may be suited for interdisciplinary practice firms, and frankly, I am surprised no one has pushed the envelope to form mutually owned entities in this field. Wouldn't it be helpful to have a financial planner or CPA in the office next door to help with every tax and support issue as it arises? We see good people at the worst time in their lives. A mental health partner could be tapped for coaching to separate the business side of divorce from the grieving process. Law.com reports :UK Bill Predicted to Cause Shake-up of Global Legal Services. Before the Enron and Arthur Anderson scandals, large firms in the U.S. were tiptoeing into the arena of interdisciplinary practice. Expect the dialogue to begin again if this bill passes in the UK. And, what is it with England that so much avant-garde thinking in the law is going on there?

Electing Judges is Not Wise

From the Indiana Law Blog, "Electing Judges Is Not Wise", which links to an interview with former Justice Sandra Day O'Connor. She's preaching to the choir here.

Alternative Dispute Resloution: Rock, Paper, Scissors

Online Guide to Mediation reports a new alternative dispute method (can this be a joke?) used by a federal court in Florida. The order directs that "counsel shall engage in one (1) game of "rock, paper, scissors." The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006." No doubt we will hear whether the dispute was settled in this manner.

From Across the Pond: Till Lawyers Do Us Part

The conversation across the pond is fascinating, as the UK considers cohabitants' rights upon dissolution. You'll enjoy the Leeds Today article which opens with a quote from a spouse in a 78 year marriage, "We rarely see eye to eye and we have an argument every day." It continues, "The proposed changes in law mark a significant shift in the way society now regards partnerships, family life and duty or responsibility to committed relationships. It reflects the fading to invisibility of that already blurred picture of the nuclear family, together whatever. Individual ambitions, changing minds, wish-lists and whims have well and truly overtaken vows made before God and public witness. It may not have arrived yet but the day when "Till death us do part" is no longer an option is now clearly visible on the horizon...which further baffles Frank and Anita Milford.
"If Anita doesn't face me when she's talking to me, I find it hard to hear her. If she's got the television on, I can't hear her at all! But that comes and goes, and we're always there for each other...." which is just as it should be.

Divorce Law Lacks Substance and Sophistication?: Bull!

In an article in The Weekly Standard yesterday, Edward Whelan heaves insults at the divorce bar by pronouncing, "Tucker's narrow specialty, divorce law, is far removed, in both substance and sophistication, from the work of the federal appellate courts--especially from the complex cases of administrative law that are the staple of the D.C. Circuit."
Excuse me while I hyperventilate. It is one thing to question the impartiality of a left wing member on the ABA Committee on the Federal Judiciay in evaluating Whelan's right wing candidate for the D.C. Circuit,

If Marriage Growing Out of Favor, Are Divorce Type Laws the Answer?

United Press International reports Gallop Poll results showing an increasing number of people who view marriage less important than in prior polls, even in families with children. The Guardian UK News reports a new proposal in the UK that would apply divorce type law to unmarried couples. If marriage declines, are divorce type laws the answer to these unmarried couples?

Two Interesting Articles Relating to Domestic Violence

Florida's Janet Langjahr has two recent postings relating to domestic violence. Last week on FlaDivorceLawBlog she wrote about a study reported in Forbes, that found victims were more apt to confide the abuse to a computer than to a physician, leading advocates to the recommendation that health care providers use computerized questionnaires. Yesterday, she posted Domestic Violence- Smart Spending, providing insight into how dollars can best be used to eradicate this problem in society. Kudos, Janet.

Proposed Civil Rule Change: Where to File Family Court Appeal

Where to file an appeal has frustrated many taking an appeal from Family Court. It you know which courts are established pursuant to Ky. Const. section 110 (5) (b) and section 112 (6), this proposed rule change will clear everything up:

CR 73.01 (2): All appeals shall be taken to the next higher court by filing a notice of appeal in the court from which the appeal is taken. Appeals from family courts that are established pursuant to Ky. Const. Section 110(5)(b) or Ky. Const. Section 112(6) shall be taken to the Court of Appeals. After such filing...

Last month we digested Thorn v. Commonwealth and Sirley Robinson.

So you have it right at hand, here are the sections of the Kentucky Constitution mentioned at the outset:
Section 110 (5) (b) The Chief Justice of the Commonwealth shall be the executive head of the Court of Justice and he shall appoint such administrative assistants as he deems necessary. He shall assign temporarily any justice or judge of the Commonwealth, active or retired, to sit in any court other than the Supreme Court when he deems such assignment necessary for the prompt disposition of causes. The Chief Justice shall submit the budget for the Court of Justice and perform all other necessary administrative functions relating to the court.

Section 112 (6) The Supreme Court may designate one or more divisions of Circuit Court within a judicial circuit as a family court division. A Circuit Court division so designated shall retain the general jurisdiction of the Circuit Court and shall have additional jurisdiction as may be provided by the General Assembly.

Comment: This is not how the rule came out of the Civil Rules Committee of the Supreme Court. Adding Section 110 (5)(b) adds nothing. Rather than refer to Section 112(6) it would be better to spell it out.

Proposed Civil Rule Change: Accelerating Appeals of Paternity, Dependency, Abuse, Neglect, Domestic Violence and Juvenile Status Offense

The Court of Appeals is already, by order, putting most of these matters on a fast track, as well as child custody cases. The proposed rule would provide:

CR 71.12(2)(a), (3)(b) and (4)(c) and (d) Briefs

Proposed Civil Rule Change: Personal Data Identifiers

The following proposed civil rule change is on the docket for the KBA June Seminar:

CR 10.01 Caption; names parties - personal data identifiers

Proposed Change in Civil Rule for Citation of Unpublished Decisions

The Kentucky Supreme Court has proposed an Amendment to the Kentucky Rules of Civil Procedure regarding the citation of unpublished decisions, as follows:

The proposed amendments to section (4)(c) of CR 76.28 are:

(c) Opinions that are not to be published shall not be cited or used as [authority] binding precedent in any other case in any court of this state, however such unpublished decisions rendered after January 1, 2003, may be cited for consideration by the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed documents and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.

This rule change, among others, will be considered in an open session on Wednesday, June 14, 2006, at 9:30 a.m., in connection with the KBA Annual Meeting. The hearing will occur in ballroom (A-E) at the Northern Kentucky Convention Center in Covington.

It is important to emember that this is a proposed rule change. Only after discussion and reconsideration by the court will a new rule be finally adopted. In the interim, citiation to unpublished opinions continues to be improper.

On The Passing Of E. Michael Runner

We were saddened by the death last week of our Louisville colleague, E. Michael Runner, a former AAML Fellow.
Mike was opposing counsel in an alienation of affection case early in my career, a tort which has, thankfully, since been abolished in Kentucky. It was quite a circus and Mike did a masterful job. Judge John W. Potter presided. While the jury was deliberating, Judge Potter handed us Alternate Jury Instructions. If you wonder why I saved these instructions all these years, you will just have to download and read them!

Condolences to Mike's wife, Connie, and to his good friend and law partner, Keith Laurin.
Download Runner.pdf

Relocation: A CA bill to codify Fenwick type Criteria for Move Withdrawn Due to Intense Opposition

A Califonia bill which would have permitted a primary residential parent to relocate a-la-Fenwick was withdrawn after more than 4,000 complaints. Here's the scoop from the
San Francisco Law Blog.

Same Sex Custody in Kentucky,B.F. v. T.D.; 2005 WL 857093

No wonder I couldn't find this case in a prior post; it was still in the draft stage pending ruling by the Kentucky Supreme Court on discretionary review, although we did refer to it in a story on the Supreme Court elections in Kentucky. As a general rule, we intend only to publish cases that are final with S.W.3d cites. With the U.S. Supreme Court rulling in Britain v. Carvin,___S. Ct. ___(2006) 2006WL271809, May 15, 2006, its pending status is again newsworthy:

B.F. v. T.D.; 2005 WL 857093
Not final - discretionary review granted by Kentucky Supreme
Court in custody case between same sex parents, qualification
as de facto custodian and constitutional right to cross-examination.

This case involved same sex parents. Because Kentucky law does not permit joint adoption by same sex couples, T.D. alone adopted the child. T.D. became the sole "natural parent" but both mothers raised the child and contributed to the child's financial, emotional and physical care. B.F provided the majority of the financial support while T.D. was more involved with the child's daily activities. When the relationship dissolved, T.D. left the home taking the child with her and refused to allow B.F. to have contact. B.F. filed a petition seeking joint custody and visitation.

Judge Garvey granted B.F. temporary, supervised visitation and scheduled a hearing solely on the issue of whether B.F. qualified as a de facto custodian. The court limited the hearing to two hours and refused counsel's request for cross-examination.

The Court of Appeals affirmed that two hours was sufficient to establish de facto custodianship because of the limited elements outlined in KRS 403.270.

Similarly, the Court of Appeals affirmed the judge's refusal of her request for cross examination, holding that the constitutional rights for confrontation is only guaranteed in criminal cases, CR 43 does not mention the right to cross-examination and KRE 611 only states that a party "may" be cross-examined.

The Court of Appeals also affirmed the trial court finding that B.F. did not qualify as a de facto custodian because Consalvi v. Cawood held that to qualify as a de facto custodian an individual must be the primary caregiver.

Blitz of Final Decisions with SW3d Cites

We have been slowly doling out the final KY decisions of the last year as we build our online database, so we can keep the blawg interesting with other material. Now we're ready to move on to the latest and greatest, so you will see a blitz of the final decisions of the last year over the weekend. Stay tuned to Michael Steven's KyCases and KentuckyLawBlog for cases as they are decided. There is often a long lag before cases become final, because of motions for rehearing or discretionary review. We will only publish the law as it is final and officially published, unless we deem it a hot topic to discuss. There are several of those cases which we are watching and will share with you. As the Supreme Court considers a rule change regarding unpublished opinions, we will cover the public debate, any rule change ultimately adopted, and then make editorial decisions accordingly.

Value of Homemaker Services

Bonnie Brown, a Louisville attorney, AAML fellow and KCFN member, sent this article from the May 3, 2006  Boston Globe quantifying the value of homemaker services. While divorce does not directly provide a vehicle for compensating such services, we remind each other from time to time of a case where she made this argument as part of a spousal support claim. She was delighted to see the article putting a dollar number on the value,and I’m glad to pass it on.

More on Investigation of Children Improperly Removed from Domestic Violence Victims

 

The Kentucky Office of Inspector General is investigating whether children whose mothers are domestic-violence victims, and others are being inappropriately removed from their families to increase state foster-care adoptions and federal financial bonuses. The matter is also under review by the Cabinet for Health and Family Services, by various grass-roots organizations and, most recently, by Gov. Ernie Fletcher. For the whoe story by Valarie Honeycutt Spears, click here: Herald-Leader, We found the story on the Family Law Professor’s Blog, but hopefully we’ll soon have the Lexington Herald Leader on RSS feed, too.

Just Becasue Your PI Finds the Goods Doesn't Mean You Won't Be In Trouble

The Family Law Professor's Blog reported on this case today following yet another N.Y. Times article. Detective Anthony Pellicano was indicted in February following a long investigation which is including more than one divorce lawyer in its net. One of the allegations is that the lawyer received wiretapping information from the detective. Moral of the story: Don't let your P.I. do anything you couldn't ethically do yourself.

Unfortunate Supreme Court Innuendo

Andy Wolfson reports in today's Courier Journal that three justices may retire before the expiration of their terms this year, permitting Gov. Fletcher to appoint replacements. I have been a long term critic of subjecting our judges to the elective process. Mr. Wolfson didn't emplasize the fact that Gov. FLetcher's appointees will be limited to the names vetted and recommeded by the Judicial Nominating Commission. Nevertheless the innuendo that politics is invading our Supreme Court is disconcerting, particularly considering the political nature of several pending cases. For example, he cites the fact that a same sex custody case is pending, which was previously posted on this blog. To preserve the integrity and respect of our highest court, it would be best for these cases not to be rushed to decision, and to let them be decided by the newly reconstituted court after the newly elected members take office.

Lexington Children Removed from Abused Women in Shelters

The Courier Journal printed an AP story on Monday revealing that the state has removed 50 children in the last year from women who fled to Lexington, KY shelters to escape domestic violence. That morning I asked Nina Mosley, a Louisville attorney who often represents women in shelters (and whose husband is the Director of Wayside Christian Mission in Louisville) whether she has seen such removals in Jefferson County and was pleased to hear that had not been her experience. She only sees children removed when a serious issue such as drug abuse causes the children to be neglected. Today's CJ editorial page confirmed the issue appears limited to Lexington. Surely a thorough investigation will follow.

Domestic Violence Offender Follow-Up

The April 16, 2006 Couier-Journal reported the creation of a new District Court docket to monitor compliance with domestic violence offender treatment. Today's Courier editorial page rightly praised Judge Angela Bisig's pilot program, but inaccuratley referred to the court as a Domestic Violence Court. The Family Divisions of Circuit Court in Circuits where a Family Court exist have jurisdiction to enter Emergency Protective Orders and Domestic Violence Orders and may order treatment, including anger management. These orders are not criminal convictions. The violation of an EPO or DVO, however, is a crime. Once convicted it is District Court that imposes sentences, probation, supervision, etc. and this is the docket the pilot program refers to.

Wage Assignment Order Revisions

The OCSE is seeking comments by April 21, 2006 to revisions to the federal wage assignment order form.Download wao.doc

L.L.M. in Family Law

Hofstra Law School established an L.L.M. program in family law and will enroll its first students beginning in the fall of 2006, in response to increased specialization and interdisciplinary issues. http://www.hofstra.edu/Academics/Law/law_llm_familylaw.cfm. This is the third such program in the U.S. although in other countries they appear to be as well known as our L.L.M. programs in tax law.

Domestic Violence Protection for Pets

Maine has new pet protection provisions in its domestic violence statutes. I know of no reason in KY why a court could not protect animals as part of the entry of a domestic violence order in the absence of a specific statute. The comments are passionate to the Press Herald online report of the new law. http://pressherald.mainetoday.com/news/statehouse/060412pets.shtml?com_full=1#begin

Paternity Fraud

An April 10, 2006 National Law Journal article on paternity fraud has been reprinted at www.law.com. This is the flip side of the dual paternity issue where non-biological fathers have been required to pay child support. It is important to distinguish the rights/duties of husbands who are non-bio dads who want to raise and support children born during a marriage. The Uniform Parentage Act (not adopted in KY) was well studied, but there may be some glitches.

Men's Rights Group files challenge to child support laws as violation of reproductive freedom

Talk about innovative arguments! Here's the story: http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=35924

For another story on this reverse Roe v. Wade case: http://www.chicagotribune.com/news/nationworld/chi-0603100166mar10,1,1462426.story?coll=chi-newsnationworld-hed&ctrack=1&cset=true

Same Sex Custody Case in Supreme Court

The Kentucky Supreme Court has under submission a custody case involving same sex parents. Discretionary review of B.F. v. T.D. http://opinions.kycourts.net/COA/2004-CA-000083.pdf. was granted 11/16/05. The respondent  is represented by Franklin Jewell, a candidate for circuit Judge. Movant is represented by Bryan Gatewood and Courtney Joslin, pro hac vice. Ms. Joslin is associated with the National Center for Lesbian Rignts. After failing to conceive a child through artificial insemination, the committed couple adopted M.D., but because Kentucky law does not permit joint adoption by same-sex couples, only T.D. adopted the child. Even though B.F. was the child's primary financial provider, the Court of Appeals affirmed Judge Kevin Garvey's decision that she did not have standing to assert custody becasue she was only one of two caregivers and only a primary caregive has standing as a defacto custodian. Oddly, the court of appeals identifeid the parties only by initials because it is a child custody case. The supreme court has accelerated the case. It has been fully briefed and oral arguments have already been held. Justice Johnstone's monthly reports in the Louisville Bar Association Bar Briefs of cases that had been accepted for discretionary review did not mention this case. I found it quite by accident preparing for the LBA Annual Domestic Relations seminar.

Virtual Visitation

When geogrphy prevents frequent parenting time, virtual visitation is an option. For a CNN report, http://www.cnn.com/2006/TECH/02/28/virtual.visitation.ap/index.html

Justice Graves Exits Supreme Court Race

             Justice J. William Graves' withdrawal from the Kentucky Supreme Court race is yet another sad consequence of our insistence on electing our judiciary rather than appointing judges.  While I wholeheartedly agree with today's Courier Journal editorial comments which foresee a disservice and decline for the cause of justice, it overlooked the issue of attorney contributions to judicial races.  While contributions by lawyers to the campaigns of judges before whom they practice have no disciplinary consequences, they certainly can undermine the public confidence in our judicial system.  We often speak of avoiding appearances of impropriety, yet I can think of few matters which would appear more improper to a litigant than to note on the web pages of the Kentucky Registry of Election Finance the fact that the lawyer for his opposing party has contributed heavily to the campaign of the judge before whom he must appear.

            Over the last two decades, from time to time, we have debated in depth the best ways to obtain and maintain an objective and impartial judiciary. I cannot say that I ever witnessed favoritism to an opposing lawyer who contributed generously to a judicial campaign.  Nevertheless,  the public perception is tarnished by such practices.  In addition to addressing the concerns mentioned in the Courier Journal editorial of negative advertising, special interest groups funding and exploiting controversial issues, and aggressive fund raising, I think it is time we revisit appointing our judges rather than subjecting them to the elective process.