Joe P. Asher
Harlan Circuit Court Judge Russell Alred has requested a rehearing with the Kentucky Supreme Court.
Alred’s attempt to overturn the Judicial Conduct Commission’s decision to remove him from the bench was denied by the high court in a decision released on July 23.
Alred filed a petition for rehearing with the Supreme Court on Monday.
According to the petition, “Judge Alred now files a petition for rehearing alleging that the Court overlooked material facts in the record and overlooked or misconceived controlling law. In particular, the majority opinion made findings of egregious error on two of the charges against Judge Alred citing this as the basis for their affirming the decision of the Commission on those charges. In making these findings, the majority ignored the material fact that the egregious error standard was not adopted by Kentucky until after the actions of Judge Alred, which gave rise to these charges. In addition, Justice Venter’s separate concurring opinion expressly stated the he would have voted for a lesser sanction than removal if Judge Alred had expressed contrition and remorse. He overlooked the obvious express testimony of Judge Alred, wherein he expressly states everything Judge Venters said he did not see.”
The petition also states controlling law was overlooked.
“The majority overlooked and misconceived the controlling law by not reviewing the decision for arbitrariness, and in particular it did not apply the three prong test required in such reviews,” reads the petition.
The petition concludes “the Court should grant this request for rehearing and enter an opinion setting aside the JCC’s order of removal. It should dismiss the charges that applied the egregious error standard. It should enter an opinion that considers all the material evidence and controlling law and reinstate Judge Alred with a lesser more appropriate sanction as Justice Venters and Abramson stated they would.”
Should the court decide not to grant a rehearing, there are other options available.
In an interview included in a previous Enterprise report, Alred’s attorney Marcus Carey stated, “There is the option to ask a federal court to review whether or not the actions of the state violated constitutional protections to which Judge Alred would’ve been entitled.”
Carey had no comment on this latest filing when contacted by telephone on Friday.
Alred had no comment at this time.
Reach Joe P. Asher at 606-576-4510 or firstname.lastname@example.org