FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Friday, Aug. 15, in Flemingsburg, including a former Stanton mayor’s appeal of a trial court decision that affirmed his removal from office.
All proceedings will be open to the public and will take place at the Fleming County Courthouse at 100 Court Square.
A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller and Jeff S. Taylor and Senior Judge Daniel T. Guidugli will hear oral arguments at 10 a.m. in the case involving former Stanton mayor Myers Arnett – Myers Arnett v. City of Stanton Et Al. The Stanton City Council removed Arnett from his position as the city’s mayor in September 2004, a decision that Powell County Circuit Court upheld in a 2007 ruling.
Arnett’s will be the first case the Court of Appeals panel hears when it convenes in Flemingsburg. The other three cases in which the panel will hear oral arguments are on appeal from Fleming, Lawrence and Whitley counties.
A case docket containing summaries of the cases the panel will hear is below.
FLEMINGSBURG DOCKET
Friday, Aug. 15, 2008
10 AM 2007CA000266 and 2007CA000744
MYERS ARNETT v. CITY OF STANTON ET AL.
Summary: Civil. This is an appeal from the trial court’s decision, which affirmed the removal of the appellant from his position as the mayor of the city of Stanton.
Powell County judge who ruled in the case – Judge Larry Miller
Appellant’s attorneys: Jerry Anderson, Joseph Lane and Ned Barry Pillersdorf
Appellees’ attorneys: B. Scott Graham, Donna Hale, David Poole and Vickie Slemp
10:45 AM 2007CA001674
FALLS CREEK INC. v. LOUISA BOARD OF WATER AND SEWER
COMMISSION ET AL.
Summary: Civil. This is an appeal of the trial court’s decision to grant summary judgment to the appellees. The appellant maintains that the appellees unjustly and arbitrarily failed to comply with contractual obligations that were part of an agreement made with the appellant. The agreement involves the development and operation of a sewer pumping station.
Lawrence County judge who ruled in the case – Judge John David Preston
Appellant’s attorney: Ned Barry Pillersdorf
Appellees’ attorney: Eldred E. Adams Jr.
11:30 AM 2007CA001287
JULIE LOWERY v. CRYSTAL WHEELER ET AL.
Summary: Civil. Case regarding whether the trial court used the proper standard in removing a child from a grandmother who had been declared de facto custodian.
Fleming County judge who ruled in the case – Judge Stockton B. Wood
Appellant’s attorneys: Gwen Ann Pollard and Tasha K. Scott
Appellees’ attorneys: Glennis Roger Harris Jr. and Kirk Woosley
2 PM 2007CA000595
RILEY PARTIN v. BYRD PARTIN ET AL.
Summary: Civil. This case, which involves a cemetery ingress and egress, concerns whether the Circuit Court complied with the Court of Appeals opinion reversing and remanding a previous order.
Whitley County judge who ruled in the case – Judge Paul E. Braden
Appellant’s attorney: W. Henry Lawson
Appellees’ attorneys: David O. Smith, Marcia A. Smith and Paul K. Winchester
Judge Michelle M. Keller
Michelle M. Keller was elected to the Kentucky Court of Appeals in November 2006 to serve as judge for Division 1 of the 6th Appellate District. She also serves as the Court of Appeals representative on the Judicial Conduct Commission.
The 6th Appellate District is comprised of Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Shelby, Spencer and Trimble counties.
Prior to her election, Judge Keller practiced with Arnzen, Wentz, Molloy, Laber & Storm PSC in Covington. Her extensive legal experience includes representing clients in the area of criminal defense and serving as an assistant county prosecutor. Her work in litigation includes family law, personal injury and medical-negligence defense. She is experienced in administrative law and served the Kentucky Personnel Board as a hearing officer. She now serves as a board chairwoman emeritus. She is a member of the National Association of Administrative Law Judges and has represented numerous clients before state regulatory and licensure boards. She is also an adjunct professor at Xavier University, where she teaches medical/legal research, writing and forensics.
Judge Keller has been a licensed registered nurse in Kentucky since 1982. While working as an RN in critical care, Judge Keller earned her bachelor’s degree in psychology in 1985 from Northern Kentucky University, where she received the Charlotte Schmidlapp Scholarship. Judge Keller attended the evening division of Northern Kentucky University Salmon P. Chase College of Law while working full time. She was an Interest on Lawyers’ Trust Accounts scholar during law school and received her juris doctor in 1990.
Judge Keller has served the Northern Kentucky Bar Association as chairwoman of the Women Lawyers Section and as a member of numerous committees. She represented the 16th Judicial Circuit on the Kentucky Bar Association’s former House of Delegates.
In addition to her professional service, Judge Keller has a strong commitment to public service. She is a former chairwoman and board member for the Diocesan Catholic Children’s Home. She is a founding and current member of the Northern Kentucky Children’s Advocacy Center Advisory Council and has served the interests of children in court as a guardian ad litem. Judge Keller also volunteers with the Women’s Crisis Center and her local church and is an academic team coach at her daughters’ school.
Judge Keller is a lifelong Kentuckian and the oldest of five children. She and her husband, Dr. James Keller, have two daughters, Brenna and Olivia.
Judge Jeff S. Taylor
Jeff S. Taylor was first elected as a Court of Appeals judge in November 2003 to represent the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties. He was re-elected in November 2006 to a full eight-year term.
Judge Taylor previously practiced law in Owensboro for more than 20 years and was a sole practitioner from 1990 until his election to the Court of Appeals.
He has a Bachelor of Science degree from Murray State University and a Master of Public Administration degree from Memphis State University. He earned his law degree from the University of Louisville Brandeis School of Law, graduating with honors in 1982. He is a 1971 graduate of Elizabethtown High School.
Judge Taylor serves on the Kentucky Bar Foundation Board of Directors. In September 2006, he accepted an appointment to serve a six-year term on the Murray State University Board of Regents. Judge Taylor also serves on the board of directors for the Daviess County Public Schools Foundation.
Judge Taylor is a past president of the Kentucky chapter of the Federal Bar Association. He is also past president of the Daviess County Bar Association, Daviess County Public Defender Corp. and the Daviess County Lawyer Referral Service. He is a member of the American, Kentucky and Daviess County bar associations. He is a Life Fellow in the Kentucky Bar Foundation and a member of the Brandeis Honor Society at the Brandeis School of Law.
Judge Taylor is a member of the Owensboro-Daviess County Chamber of Commerce, is past president of the Owensboro Kiwanis Club and serves on the Girls Inc. Board of Trustees. He is a former board member of the Owensboro-Daviess County Committee on Aging. He has been a frequent United Way volunteer and has been a volunteer for the Salvation Army and Boy Scouts Law Explorers.
Judge Taylor was born in Fort Knox and raised in Daviess County. He is married to the former Betty Keller. She has one son, and they have two grandchildren.
Senior Judge Daniel T. Guidugli
Daniel T. Guidugli is a senior judge assigned to the Court of Appeals. He became a senior judge after retiring as a Court of Appeals judge in December 2006.
Judge Guidugli served more than 10 years on the Court of Appeals. He was elected to the Court of Appeals in November 1996 following an appointment to the court in September of that year. He served as a District Court judge from 1985 until he was appointed to the Court of Appeals. Prior to his judicial career, he was assistant county attorney in Campbell County.
He is a member of the Northern Kentucky Bar Association and the Northern Kentucky University Alumni Association. In 1984, Judge Guidugli received the Outstanding Young Man of America award.
Judge Guidugli earned his juris doctor from the NKU Salmon P. Chase College of Law and received his Bachelor of Arts in history and political science from NKU.
He was born in 1952 and is a Campbell County native. Judge Guidguli is married to Mary and their family includes two sons.
Kentucky Court of Appeals
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.
The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.