Joe P. Asher

Staff Writer

The Kentucky Supreme Court denied Russell Alred’s petition on Thursday for a rehearing after a ruling that removed him from the bench in Harlan Circuit Court.

According to Leigh Anne Hiatt, public information officer for the Administrative Office of the Court, Alred will no longer be receiving pay or benefits as of Thursday.

Alred filed for a rehearing after the Supreme Court affirmed a decision by the Judicial Conduct Commission (JCC) to remove him as judge.

“This matter is before the court on the movant’s petition for rehearing of the opinion of the court by Chief Justice Minton, rendered July 23, 2012. The court having reviewed the record and being otherwise fully and sufficiently advised, orders… the movant’s petition is denied,” reads the order.

With the July 23 action, the court upheld eight of nine counts against Alred while reversing the JCC’s finding Alred improperly changed a defendant’s bond conditions.

“We hold the commission’s findings regarding count five are clearly erroneous because they are not supported by sufficient evidence,” wrote the court. “If Judge Alred believed that the defendant’s work as a substitute teacher constituted a material change in her circumstances, the appropriate procedure was to hold an adversary hearing. After the hearing, he was entitled to change the defendant’s terms of release only if clear and convincing evidence of the material change existed and a substantial risk of non appearance was present. Counsel for the commission did not present any evidence at the formal hearing that Judge Alred changed the offender’s terms of pretrial release without holding a due process hearing. So we must hold that the commission’s determination that Judge Alred violated the Code of Judicial Conduct under count five is clearly erroneous.”

Attempts to reach Alred for comment were unsuccessful.

Reach Joe P. Asher at 606-573-4510 or jasher@heartlandpublications.com