Chief Justice Minton Now Called Upon by Kentucky Family Guardian to give due process, and restitution to legitimate claims of damages against family court judges.
Day after day going back more than 10 years 1000's have been trampled, extorted, exploited, and racketeered by Ky's family courts. Many attorneys who practice in this area are just as scrupulous but on a smaller scale, victim by victim. They squeeze anywhere from a few 1000 to a few 100,000 depending on the case and family. Most are just working people getting divorced. Many stories are out there. one continues to be highlighted here and the claim is maintained and the plaintiff determined to hold the family judge liable for the damages, both actual and punative. Now the Kentucky court of Justice is called upon to hear claims for damages in individual cases committed by family court judges across this state.
KENTUCKY SUPREME COURT DISBARS JUDGE IN FEN-PHEN CASE
By BRETT BARROUQUERE — Associated Press
Posted: 10:52am on Oct 27, 2011; Modified: 4:14pm on Oct 27, 2011
By BRETT BARROUQUERE
LOUISVILLE, Ky. — A once-ballyhooed $200 million settlement over a diet-drug has claimed five legal careers, the latest being the judge who oversaw the case.
The Kentucky Supreme Court on Thursday permanently disbarred retired judge Joseph F. "Jay" Bamberger for "the highly egregious nature of his ethical violations" in overseeing the 2001 settlement involving the drug fen-phen.
Bamberger, a circuit court judge in Boone and Gallatin counties from 1992 until his retirement in 2004, signed off on a deal that gave attorneys nearly two-thirds of the settlement and didn't disclose to clients the terms of the deal.
The court also ordered Bamberger to pay $18,700 to cover the cost of the disciplinary proceedings.
Bamberger described himself as "embarrassed" during a criminal trial related to the settlement and he stepped down as judge in February 2006 to avoid being removed by Kentucky's judicial conduct commission for his actions.
To date, Bamberger and four attorneys who took part in the settlement have lost their licenses. The state's high court is also weighing a request from the Kentucky Bar Association to revoke the license of Stanley Chesley, a prominent Cincinnati attorney known as the "Master of Disaster" for his handling of large, class-action cases.
Chesley, who has denied any wrongdoing in the settlement, has asked the high court to hear oral arguments over the Kentucky Bar Association's request to revoke his license, a move that could jeopardize his ability to serve as co-counsel in multiple high-profile class action cases.
Bamberger's disbarment stems from his handling of the settlement.
The high court found that attorneys William Gallion and Shirley Cunningham Jr., who once owned prized racehorse Curlin, along with Melbourne Mills Jr., kept $126 million, more than 63 percent of the settlement, for themselves and took another $20 million in "excess funds." The men distributed $74,194,577 to their clients, who were never told about the total amount of the settlement or the fees kept by the lawyers, Chief Justice John D. Minton wrote.
After the Kentucky Bar Association began investigating, Gallion, Mills and Chesley held an "off-the-record" meeting with Bamberger on Feb. 6, 2002 to have the judge secretly sign off on their fees, Minton wrote. After the meeting, Bamberger signed an order finding the attorneys' fees and expenses as paid in the case were "reasonable and necessary." Bamberger later admitted he had not read the settlement agreement or taken an accounting of it.
Four months later, Bamberger had the order filed with the clerk's office, but also ruled that all future orders would be provided only to the plaintiffs' lawyers and that all orders in the case be sealed.
Bamberger later authorized the creation of the Kentucky Fund for Healthy Living, a charity set up by the attorneys, with the $20 million in excess funds.
"Despite statements to the contrary, the plaintiff class never consented to the creation of KFHL with settlement funds," Minton wrote.
Gallion, Cunningham and Mills would become directors of the fund and receive $7,500 per month in salaries. Just before retiring as a judge, Bamberger relinquished court authority over the charity, saying it had fulfilled its charitable purpose, even though it had "never made any distributions for charitable purposes," Minton wrote. Bamberger then became a paid director of the funds, drawing $48,150 in salary over nine months.
Gallion and Cunningham resigned from the bar and were convicted in federal court on fraud charges. Both are in federal prison while they appeal. Mills and David Helmers, an associate of Gallion, have been disbarred for their roles in the settlement.
The former plaintiffs have sued the attorneys, winning a $42 million judgment in state court. That case is now before the Kentucky Supreme Court for review.
http://www.kentucky.com/2011/10/27/1936896/ky-court-disbars-judge-in-diet.html#ixzz1cDU37cV6
October 29, 2011
February 21, 2011
Is David Williams Covering Up For A Public Official Sought To Be Removed From Office?
Collins claims Senator Williams appears to be aiding in covering up the acts of misconduct and malfeasance committed by the public official, that the Judicial Conduct Commission failed to stop, and “that it’s our Right as Citizens of Kentucky to file such a petition and obtain due process on it.” Collins said.
Collins said he filed the Petition back in August 2010, pursuant to the Kentucky Bill of Rights section 1:6 and KRS 63.060, read into the record on January 4, 2011, and assigned to the Senate Judiciary Committee. From there Collins said, “ I’ve been sandbagged and obstructed ever since. At first they acted like they didn’t know what to do with it, then the truth finally came out it was being obstructed by Williams.”
Collins claims that the judges wrongful acts were done on purpose and caused the loss of hundreds of thousands of dollars worth of property, and he was wrongfully deprived of his child in retaliation, because the issues of property loss and fraud were raised back to the judge sought to be removed. “The petition is warranted here because it was a cover up all the way to the Supreme Court of Kentucky,” Collins said.
Collins claims that under the circumstances of a complete and total fraud upon the courts, the petition is proper before the Senate, and it’s a citizens duty to exercise the right to bring rogue public officials to justice before the general assembly. “It’s also their duty to perform fairly and impartially. I’m wondering why he is obstructing the Petition if it’s not to cover up for the public official, and David Williams needs to answer that question “ Collins said.
Press agents may contact at cwescollins@att.net
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February 11, 2011
Senate President David Williams Declares Kentucky Bill of Rights Dead
The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.
A Petition for Removal by Address that was filed with the Ky Senate Clerk on August 30th 2010, read into the record January 4th 2011, and assigned to the Senate Judiciary Committee, is being wrongfully delayed and denied by the committee Chairman, who is being misadvised by LRC staff and Senate President David Williams that the Senate has no "authority" to act upon the petition.
Two requests have been made by motion, each filed with the Senate Clerk, to be heard by the Committee in a preliminary inquiry proceeding. Both requests to be heard have been arbitrarily denied by the Senate Judiciary Chairman who has failed to hold inquiry hearings upon the petition.
Chairman of the Judiciary Committee, Sen. Tom Jenson, met with the petitioner about 2 pm in the hall outside of Senate Chambers and said " I don't have any authority to give due process to the petition" and he defered to Senator David Williams as having said "their is no authority" for the Ky Senate to provide any process to the petitioner upon the petition filed for the propor purposes of removing the judge for acts of Official Misconduct.
David Williams has therefore essentially said " The Kentucky Bill of Rights is Dead," that state government officials, such as family court judges, can commit acts of Official Misconduct, and if the "secretive administrative judges judging judges judicial conduct commission complaint" process fails, Ky Senate President David Williams will aid in covering up the acts of others, by denying your RIGHTS to petition for removal by address.
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