Bench & Bar July/August 2025

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vol. 89 no. 4 THIS ISSUE OF THE KENTUCKY BAR ASSOCIATION’S B&B-BENCH & BAR WAS PUBLISHED IN THE MONTH OF JULY. COMMUNICATIONS & PUBLICATIONS COMMITTEE EILEEN M. O’BRIEN chair , lexington PAUL ALLEY florence ELIZABETH M. BASS hendersonville , tenn . JENN L. BRINKLEY pensacola , fla . KYLE R. BUNNELL lexington FRANCES E. CATRON CADLE lexington ALLISON I. CONNELLY lexington JAMES P. DADY bellevue JOHN M. GHAELIAN lexington P. FRANKLIN HEABERLIN prestonsburg JESSICA R. C. MALLOY louisville SANDRA J. REEVES corbin JOHN SCHAAF georgetown GERALD R. TONER louisville ZACHARY M. VAN VACTOR louisville SAMUEL W. WARDLE louisville LITANY L. WEBSTER cincinnati , ohio MICHELE M. WHITTINGTON lexington

CONTENTS 2 President’s Page BY TODD V. MCMURTRY 5 Q & A with KBA President Todd V. McMurtry BY JAMES P. DADY

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2025 ANNUAL CONVENTION WRAP UP

18 Wills & Whiskey: What You Need to Know About Probate BY KELLI E. BROWN 20 Employee Benefits for the Cocktail Party: Dazzle Your Friends BY JOHN R. KIRK AND MICHAELA TAYLOR SHEPPARD FEATURE: COCKTAIL LAW VOL. II

26 Discussing Divorce at a Cocktail Party BY REBECCA SIMPSON 24 Adoption in Kentucky BY JILL M. BRISCOE AND ANNA L. DOMINICK 28 What Should I Do if I Get in a Car Accident? BY MADISON GATTIS AND HALEY DWYER

KATHRYN D. WILLIAMS louisville MARK A. WINSOR lawrenceburg

PUBLISHER JOHN D. MEYERS EDITOR EILEEN M. O’BRIEN

COLUMNS

MANAGING EDITOR SHANNON H. ROBERTS DESIGN & LAYOUT JESI L. EBELHAR

34 Northern Kentucky University Salmon P. Chase College of Law 36 University of Kentucky J. David Rosenberg College of Law

32 Young Lawyers Division BY KYLE R. BUNNELL Effective Legal Writing BY PROFESSOR SUSAN TANNER 35 University of Louisville Louis D. Brandeis School of Law 38

THE B&B - BENCH & BAR (ISSN-1521-6497) IS PUBLISHED BI-MONTHLY BY THE KENTUCKY BAR ASSOCIATION, 514 WEST MAIN STREET, FRANKFORT, KY 40601-1812. PERIODICALS POSTAGE PAID AT FRANKFORT, KY AND ADDITIONAL MAILING OFFICES. ALL MANUSCRIPTS FOR PUBLICATION SHOULD BE SENT TO THE MANAGING EDITOR. PERMISSION IS GRANTED FOR REPRODUCTION WITH CREDIT. PUBLICATION OF ANY ARTICLE OR STATEMENT IS NOT TO BE DEEMED AN ENDORSEMENT OF THE VIEWS EXPRESSED THEREIN BY THE KENTUCKY BAR ASSOCIATION, ITS BOARD OF GOVERNORS, SECTIONS, DIVISIONS, COMMITTEES, OR MEMBERS. ANNUAL DUES AND IS NOT LESS THAN 50% FOR THE LOWEST SUBSCRIPTION PRICE PAID BY SUBSCRIBERS. FOR MORE INFORMATION, CALL (502) 564-3795. POSTMASTER SEND ADDRESS CHANGES TO: B&B - BENCH & BAR 514 WEST MAIN STREET FRANKFORT, KY 40601-1812 SUBSCRIPTION PRICE: $20 PER YEAR. MEMBERS SUBSCRIPTION IS INCLUDED IN

40 Law Practice Management BY JEFF SALLEE

42 Lawyer Wellbeing BY DR. ERIC Y. DROGIN

45 Dues Notice BAR NEWS

50 Continuing Legal Education 54 Kentucky Bar Foundation DEPARTMENTS

46 Judicial Conduct Commission 60 Who, What, When and Where

Cover photo by Jeremy Kramer Photography Inc. Several inside graphics by ©istockphoto.com/JesiEbelhar

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PRESIDENT'S PAGE

FROM NATURAL INTELLIGENCE TO ARTIFICIAL INTELLIGENCE the FUTURE:

BY TODD V. MCMURTRY KBA PRESIDENT

T he smell of old leather books still takes me back to my father's law office in Covington, Ky. As a young boy, I would visit him often, sometimes doing homework at his conference room table and other times helping to clean his office on Saturdays—no maid service. The office was a monument to mid-20th cen tury legal practice: shelves lined with bound volumes, a secretary's desk crowned by an IBM Selectric typewriter, and filing cabinets holding the history of so many disputes. During my 15 years observing that office— first as a school kid, later as a law student working as a clerk—I witnessed many changes in legal technology. The typewriter gave way to word processors, law books yielded to electronic research databases, and handwritten correspondence transformed into email. Each change promised to make legal work faster and more efficient. My father was proud when he bought a Selectric typewriter, appreciating its design and how it improved his office's efficiency. But he was not a fan of the fax machine, feeling it inter rupted the normal pace of communication among lawyers. He preferred the time that drafting a letter allowed—time to consider a response without rushing.

issues with remarkable accuracy—not just flagging obvious problems but spotting subtle inconsistencies that might escape human attention. I experienced this first hand and was floored when it happened. When I provide AI with case facts and rel evant precedents, it generates first drafts of legal memoranda that capture essential arguments, though they require careful human review for nuance and strategy. It does in minutes what would have taken hours even a few years ago. It keeps improving. Recently, Claude took a stack of medical records and in seconds produced a detailed chronology of the client's treatment and prognosis. The technology excels at pat tern recognition and synthesis. It can create detailed chronologies from thousands of pages of discovery, summarize depositions while highlighting key contradictions, and identify relevant case law from massive databases. Most significantly, it accom plishes these tasks in minutes rather than hours, fundamentally altering the econom ics of legal research and document review. However, the technology's limitations are equally important. AI struggles with legal strategy that requires deep understanding of client psychology, judge preferences, or local legal culture. If you ask it for the

Through all these technological shifts, one constant remained: every sentence, every argument, every brief emerged from human intellect—what I call "Natural Intelligence." My father and his colleagues were the archi tects of every legal strategy. Technology merely helped them execute their vision more efficiently. Today, that fundamental truth has shat tered. Artificial Intelligence (AI), an emerging powerful technology, does not just help lawyers work faster; it has begun to think alongside us, and sometimes instead of us. This represents the most significant transformation in legal practice since the creation of the Anglo-American Common Law System. Natural Intelligence no longer drafts every word and strategy. For the past 18 months, I have integrated AI tools into my daily practice, primarily using Claude.ai and Lexis+AI. I am now evalu ating more specialized legal AI suites to expand how I use AI. This firsthand experi ence, combined with extensive research, has convinced me of one certainty: Attorneys who do not adopt AI will lose the economic competition with attorneys who embrace the coming AI revolution. The capabilities are already impressive. AI can review contracts and identify potential

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FIRST, COMPREHENSIVE EDUCA TION ON AI'S ETHICAL USE. This is already in place, as Past President Fletcher Schrock created the KBA’s Artificial Intel ligence Task Force. This group is up and running and expanding the scope of its offerings. As a member of that task force, I hope to offer my assistance to help it con tinue to show excellent leadership in the AI space. Our AI Task Force has delivered out standing CLE presentations and published Ethics Opinion KBA E-457, which provides crucial guidance for practitioners. We will expand these educational efforts, focusing on practical applications and ethical bound aries that protect both clients and the legal system. The task force plans an expansive CLE offering in early 2026. SECOND, ONGOING INTELLIGENCE ON AI DEVELOPMENTS. The technol ogy landscape shifts monthly, not yearly. We will establish regular briefings on new AI capabilities, tools, and their implications for legal practice. This is not merely about keeping current—it's about anticipating changes that could affect our profession's fundamental structure. The KBA can be the forward observer for Kentucky lawyers.

My son, who is a software engineer with Google, argues that human-AI collabo ration will always outperform AI alone. He does not see AI supplanting Natural Intelligence. This offers a more nuanced view: rather than replacement, we may see transformation, where lawyers become orchestrators of AI capabilities rather than solely creators of legal work. I believe we do not yet know whether this version of AI will fulfill its promise or come up short. Both Amodei and my son are speculating. Yet I cannot ignore the unsettling con versation I had with Claude.ai, where it suggested that my future role might be lim ited to client interaction while AI oversees substantive legal work. In its robotic way, it was trying to make me feel better about what AI might mean to lawyers. While this may sound far-fetched, the pace of change over the past 18 months has consistently exceeded expectations. How should we respond? Rather than resist this transformation, we must prepare strate gically. As president of this association, I've identified three priorities:

settlement value of a case, it usually misses the mark by a good measure. It cannot navigate nuanced ethical considerations or provide the empathetic counsel that clients need during difficult legal proceedings. Technology leaders predict that AI's capa bilities will expand exponentially, though we must approach these forecasts with skepticism. In "AI 2027," former OpenAI researcher Daniel Kokotajlo and other prominent AI researchers envision AI sys tems surpassing human intelligence across all domains within three years. Former Google CEO Eric Schmidt predicts Artifi cial General Intelligence within three-five years. Anthropic CEO Dario Amodei fore casts that 50% of entry-level white-collar jobs will be eliminated within five years. These predictions vary dramatically, and their track record is mixed. McKinsey proj ects that AI will replace 12 million jobs by 2030, but such broad predictions often over look the complexity of human work and the creation of new employment types. As we know from history, technological revolu tions do displace some jobs but then create others. This may be true in this current revolution.

We upgraded our system to provide enhanced user experience for both our website and database. KBA Website and Member Portal Launched Mid-July To access the new member portal, visit www.kybar.org and select “Login” in the upper right-hand side of the window. Once there, select Forgot Password, to enter your email address and select “Send Login Information.” Check your inbox for a password reset email and follow the steps provided, then select “My Dashboard” to log in with your username (your email address) and new password.

New KBA WEBSITE & DATABASE

Once logged in you can: • update your member profile; • access Continuing Legal Education (CLE) records;

• pay 2025–26 dues • and much more!

bench & bar Need help navigating the new log in process? Take a moment to visit our tutorial page, click the New Website Resources button on the homepage, to learn more on how to access your dashboard, as well as important details on how to access other areas of the database and website.

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PRESIDENT'S PAGE

ABOUT THE PRESIDENT TODD V. MCMURTRY , is a member with Hemmer Wessels McMurtry PLLC, where he represents individuals and businesses in complex litigation matters including defamation/social media law, business dis putes, professional negligence, land use, real estate, and construction-related dis putes in the Ohio and Kentucky courts. His defamation practice is nationwide. He is a nationally recognized attorney, who has spoken on national television and radio on the topics of defamation and social media law. McMurtry is an active member of the community having served on the KBA Board of Governors since 2017. In 2013, he was elected president of the Northern Kentucky Bar Association. He served for four years as a City Council member for the City of Ft. Wright, Ky. He resides in Covington, Ky., with his wife. He has three adult children and three grandchildren. He is a member of the Cincinnati, Northern Kentucky, Kentucky, and American Bar associations. McMurtry received his B.A. from Centre College and his J.D. from Salmon P. Chase College of Law.

THIRD, PROACTIVE RULE DEVEL OPMENT. We must propose necessary regulatory changes to ensure that Natural Intelligence remains the ultimate authority over AI tools. I cannot tell you today what those changes are, but I will recommend to the board of governors that it make an evaluation of AI’s progress a regular agenda item. As well, the board of governors should seek regular input from the KBA’s Artificial Intelligence Task Force. This transformation presents both profound challenges and remarkable opportunities. AI can liberate us from routine tasks, allow ing us to focus on higher-level strategic thinking, client counseling, and creative problem-solving. It can make legal services more accessible and efficient, potentially addressing the access-to-justice gap that has long plagued our profession. However, realizing these benefits requires that we approach AI as a tool to be mas tered, not a force to be feared or ignored. As my son recommended to me, we must learn to collaborate with artificial intelligence to be even better attorneys.

The future of legal practice will be shaped by how well we navigate this transition. Those who embrace AI thoughtfully and ethically will thrive. Those who ignore it may lose the economic competition to a human paired with AI, who together provide better, faster, and more affordable legal services. My goals for this term are practical: estab lish a consistent flow of information to keep Kentucky lawyers current on AI develop ments, offer AI education consistently through our continuing legal education pro gramming, help the Artificial Intelligence Task Force stay on top of recommendations about ethical AI use, and work with vendors to provide access to the most effective AI tools. And all of this should have the regular attention of the board of governors. The journey ahead requires courage, curi osity, and commitment to the fundamental values that make our profession essential to justice. My father's generation adapted to technological change while maintain ing their dedication to serving clients and upholding the law. Now it's our turn to do the same, ensuring that artificial intelligence serves justice rather than supplanting it.

The Kentucky Bar Association has selected LexisNexis ® as its trusted AI provider , becoming one of the first bar associations to endorse Lexis+ AI ® .

KBA members now have access to: • An Exclusive AI Resource Page: A curated hub of practical tools, timely insights, and educational content. • Discounted Lexis+ AI: Trusted legal technology to ensure members can leverage AI with the highest standards of quality and reliability.

Access the member benefit today. Visit law.lexisnexis.com/KBA

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Q & A TODD V. MCMURTRY Is there a theme you wish to emphasize for your year as president? WITH KBA PRESIDENT

BY JAMES P. DADY

cern about the continuing vital ity of the rule of law. Do we see that in Kentucky? Is it a concern for KBA leadership? As President of the Kentucky Bar Associa tion, I recognize the national conversation around judicial independence and the con cerns expressed by Chief Justice Roberts. While specific calls for judicial impeach ment based on disagreement with decisions could potentially undermine judicial inde pendence, the KBA must be mindful of its role as a mandatory bar association. The KBA is limited in addressing issues that could be considered political or ideological. Our primary focus must remain on regulat ing the legal profession and improving the quality of legal services. The KBA is committed to supporting the profession and an independent judiciary through education, professional develop ment, and ethics guidance for our members. We encourage all attorneys to uphold their professional responsibility to show respect for the courts, while recognizing that rea sonable criticism of judicial decisions is part of our legal tradition.

away from the idea of involvement. For rea sons I do not fully understand, lawyers do not join and participate as they once did. We have lost that personal connection to the profession. The practice sections can kindle that type of personal connection. So, I see a lot of good coming out of active practice sections. Second, AI is coming fast. Right now, I use it every day. It is amazing. But we cannot rely on it or get lazy and stop practicing our craft. Instead, we must learn how to lever age it to make ourselves better lawyers. It is great for ideas, proof reading, and getting started. It is not great at practicing law. I hope to have next year’s convention in Cov ington focusing on the future of law in the age of AI. There has been a spate of calls for the impeachment of judges by those who disagree with their decisions. It may be regarded by some as political tactic to doubt judicial authority. Chief Justice John Roberts has expressed con

When I was the President of the Northern Kentucky Bar Association, I spent “my year” finishing a project my predecessor started. That was the most important thing for the NKBA that year. This year will be much the same. The most important activ ity I can pursue is to create a structure to implement the strategic plan conceived and completed by President Rhonda Blackburn. I participated in this process and believe we have created a set of goals that will propel the KBA forward and help us better serve Kentucky’s lawyers. Of the goals articulated in the plan, I intend to focus on invigorating our practice sec tions and helping prepare Kentucky lawyers for the volcanic eruption I believe AI will bring to the practice of law. Here are my thoughts on each. First, we have too many sections that are inactive. The sections offer members a great chance to share ideas with other practitioners and to create high quality practice-specific continuing legal education programs. As well, we have fallen

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Q&A WITH PRESIDENT MCMURTRY

That the unmet need for legal services in rural Kentucky exceeds the available lawyers needed to address them has been regarded as a given. There have been efforts to address the problem in recent years. Can you advise on how that is going? It is fair to say that this issue has been front and center for about five years. I will provide my take on how to address this problem and then share what some others think we should do. Ultimately, J.D. Meyer and Pres ident-elect Matt Cook will spearhead this issue and seek practical solutions to address a significant problem that every state faces. We are looking at what other states do and trying to envision innovative solutions. I took a personality test once that said I am an intuitive, creative, non-conformist. So, I have tried to offer some creative solutions to this problem. The first, and one I hope we will adopt in our strategic plan, is to have a phone App that Kentuckians can use to connect with a lawyer. So, you may practice in Louisville, but with the App, a person in a rural county can find you. Everyone works off their phone, and an App can facilitate finding the right person. I also see this as an untapped entrepreneur ial opportunity. If I were 20 years younger, I would start a statewide virtual law firm. This would allow a rural practitioner to be in a firm with other lawyers across the state. So, one could work where they grew up, serve that community and still have statewide practice. Other ideas include paying lawyers to work in rural communities in a manner similar to how hospitals attract doctors to rural areas of the state. The solution is likely not one thing, but instead a combination of these ideas. No matter, the KBA is focused on this issue. Many younger lawyers grew up spending much of their time on the internet. Can you describe the KBA’s reach into newer me dia to communicate with practi tioners? I mentioned the App above. We see using an App as a way to deliver not only referrals,

The KBA will continue to monitor develop ments that may impact the administration of justice in Kentucky, always guided by our core mission to serve the public and the profession within the constitutional bound aries established by the Supreme Court. Your late father Steve was a long-time legal practitioner. Did he encourage you to become a lawyer? Was his career an exam ple you have sought to follow? For years, when random people learned who my father was, they would tell me how much they appreciated him and what a fine gentleman he was. These random people ranged from clients to a homeless man I met in the Kenton County Public Library. Lawyers especially complimented his demeanor and professionalism. As well, he was a prolific and successful trial lawyer. I always looked up to him and was proud of his reputation. My father did encourage me to become a lawyer. As I often did, I took his advice and followed in his footsteps. I had the pleasure of working in his office for a few years after I started to practice. I learned a lot. He and I tried my first case in Boone County against another father/son set of lawyers. I kept tell ing him to object. And in a rare instance of getting a little hot, he told me to “shut up and learn.” I did. We won. While I am my own person and have my own style, I often reflect upon his example to guide my decisions. He was a true gen tleman and a great mentor. How does the Board of Gover nors work? How often do you meet? Are there subcommittees to address specific issues? Can you share what issues concern the Board of Governors at the moment? There are five officers and 14 Bar Governors who together lead the Kentucky Bar Associ ation. Two bar governors come from each of Kentucky’s seven judicial districts. They are supported by the KBA’s professional staff. Together, the Board of Governors serves as an agent of the Kentucky Supreme Court for

the purpose of administering and enforc ing the rules governing Kentucky lawyers. We are responsible for lawyer discipline, continuing legal education, the Kentucky Lawyer Assistance Program, setting the KBA budget, organizing the KBA Annual Convention, and many other activities. At present, we do not have formal subcom mittees. I anticipate that we may establish subcommittees to rapidly implement the strategic plan. By the time this is published, I expect that the strategic plan will be com plete. The board will decide how best to structure this project. We normally meet seven times a year, including at the Annual Convention. Meet ings usually last a day depending upon the number of discipline cases to be heard. Each meeting usually includes one or more disci plinary hearings. These are usually handled in the morning. The afternoon is dedicated to reviewing the many initiatives we over see. The Board of Governors oversees all of the KBA’s activities, sets its budget, moni tors its professional staff, and works with the Supreme Court to implement its directives. We also work with the Young Lawyers Divi sion to support its mission. The President of the Young Lawyers serves as a member of the Board of Governors and on the Execu tive Committee. At present, we are working on a few key initiatives. The most important initiative is finalizing and beginning to implement the strategic plan. I mentioned previously our desire to be more effective in working with the legislature. Another important initiative is our Rural Practice Task Force, headed by former KBA President J.D. Meyer. Presi dent-elect Matt Cook also plans to pitch in on this effort, which continues to be a crit ical part of the KBA’s mission. We have too few lawyers in the rural parts of the state. J.D., Matt and others are looking for ways to deliver legal services to these areas and ways of encouraging lawyers to move to and serve these rural communities. Past presi dent Rhonda Blackburn intends to continue her collaboration with the Supreme Court on pending revisions to the rules that govern lawyer discipline. These are each important and impactful projects that will help us better serve Kentucky citizens.

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my family to attend Centre. My daughter, also a lawyer, was the fourth. Upon my Dad’s advice, I attended Salmon P. Chase College of Law. Of all of these places, I value Chase the most. It gave me an education and the ability to obtain a law license. That license has enabled my whole life, helped me raise a family and given me the opportunity to help thousands of people solve complex problems through the legal process. I see the central purpose of my life as helping people and the law has been how I pursue that purpose. Now, after over 30 years of practice, I run a litigation team of four lawyers and a paralegal. I am primarily

The forces of synchronicity launched me into bar service. The year my youngest child left for college, I was thinking about what I would do to fill all of space formerly dedicated to raising my kids. Bar service popped into my head. I saw it as another way of helping people. Unbelievably, a few days later a fellow lawyer gave me a call and asked that I consider running to be the President of the Northern Kentucky Bar Association. I said “yes,” I won and that was my start. Once my time with the NKBA was over, another person suggested I run for a spot on the Board of Governors. I thought that sounded fun. I called Melissa Black well and asked what I needed to do. I ran unopposed and started what has now been an eight-year journey to becoming the Pres ident of the Kentucky Bar Association. It still all seems a bit surreal. But I am excited about the opportunity. I strongly recommend bar service to all lawyers. It puts one in the middle of what is happening in your field and in the profes sion. One develops lifelong friendships with other great lawyers. You get to know the judges outside the courtroom. It is perfect intersection of service and professional life. The Young Lawyers Division is a great place to start. The YLD provides young lawyers with a pathway to leadership. They also have a lot of fun. The different practice sections the KBA offers are also super fun and full of opportunities. This question focuses on my journey and how I got here. To be clear, I give all of the credit for my gifts, whatever they are, and for this journey to God the Father, his Son Jesus Christ, and the Holy Spirit. I have prayed a lot over the years. I have prayed for success, my clients, redemption, a break, and many other things. All in all, it has worked out. My wife, Cari, also does a fantastic job of keeping me in line. It falls to the Board of Gover nors to address, more or less continuously, in cases of lawyer misconduct. Are disciplinary cases rising or falling expressed as a percentage of bar member ship? What part of its time does the Board of Governors spend

but all of the services the KBA offers. CLE, podcasts, updates, meeting reminders and many other things will flow through the App. I think it will be a game changer. This year Rhonda Blackburn started to deliver video updates to Kentucky lawyers. Her videos have received a lot of positive attention. Although less photogenic, I will try to follow in her innovative footsteps. On-demand CLE has been a tremendous success. Practitioners love this. This is a notable example of how the Board of Gov ernors has innovated to meet the needs of Kentucky lawyers. Can you describe the progress of your legal career, your fields of practice? Where were you edu cated? How, or perhaps why, did you get involved in bar service, and what has been the value of it for you? Do you recommend sustained bar service for the everyday practitioner? I went to high school at Covington Latin School. I graduated, as everyone who went there did, at the age of 16. I worked a year before starting at Centre College. I am proud to say I was the third generation of

responsible for originating the team’s work and supervising our efforts. For some cases, I am the lead attorney and for others I am a mentor/advisor. For a small Northern Ken tucky firm, we surprisingly have a national practice. I am currently litigating in Ken tucky, Ohio, Delaware, Alabama, Tennessee, and South Carolina, mostly in federal court. A lot of our cases are in the areas of def amation and other reputational torts. But we also handle business disputes and pro fessional malpractice cases. The highest value case I am currently working on is for unjust enrichment. Most of my work is for the plaintiff, but occasionally, I will defend a case. I got here through mad determination. I just never gave up. I would describe my success as the result of a lot of grasping, striving, climbing, and praying. Even after some monumental losses and bitter professional setbacks, I have been able to brush myself off and get back in the game. I have also been blessed to collaborate with some great lawyers over my career. I learned from these lawyers how to try cases. I learned from my father how to keep my cool. I learned from my wife and children never to give up as I had to pay those bills. Necessity is a great teacher.

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Q&A WITH PRESIDENT MCMURTRY

on the disciplinary cases? There are always complaints about the process – it lacks transpar ency, for example. Is the broad self-regulatory authority of the organized bar at some risk given contemporary political tides? This is a big question. In recent years, our Supreme Court has recognized the shortcomings in our current disciplinary procedures. They commissioned the Amer ican Bar Association to provide a study and make recommendations. The Court then appointed a committee to review these recommendations and provide a plan to

improve our system of lawyer discipline. That work is in progress. At our meetings, we generally spend 30% to 40% of our time on discipline. In my expe rience, the Board of Governors takes its role in the disciplinary process very seriously. Each decision appealed to the Board of Governors receives our full attention. Every disciplinary matter is investigated, debated, and decided by a group of engaged lawyers who are mindful of the serious nature of this work. We must balance what is best for the profession with what is best for the public. This is why non-lawyers participate in all of our disciplinary decisions. The results

of these disciplinary actions are ultimately published through Supreme Court deci sions. Bar Counsel provides regular reports about its efforts to keep things moving. I believe within the constraints of the cur rent system, the entire process has sped up since I joined the board. In general, we have seen fewer discipline cases over the past few years. Many cases are resolved before trial. In my view, the biggest problem we have is substance abuse. Most problems arise from impaired lawyers. That is why we have the Kentucky Lawyer Assistance Pro gram, which offers help with both substance abuse and mental health issues. These are

ANA CRISTINA, TODD AND CARI’S DAUGHTER, WITH HER HUSBAND, JON AND THEIR CHILDREN, JT AND MOLLY.

TODD AND HIS WIFE, CARI.

TODD AND CARI’S SON, STEPHEN, AND HIS WIFE, ELISE, WITH THEIR BABY, KELLEN.

TODD AND CARI’S SON, WILL, AND HIS WIFE, ANNA.

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invaluable services provided to Kentucky lawyers at no cost. Many believe this is our most important work. What did I fail to ask you? As I approach my year as the President of the association, two things have bothered me. I see these two things as potentially the most important problems or even opportu nities that we face. The first is demographics. Baby Boomers are the largest age group of lawyers. In 10 years, this generation will have retired, and we will have far fewer lawyers practicing in Kentucky than we do today. And we cannot solve this problem by cranking out more lawyers, because the younger generations are also shrinking. The “Demographic Cliff” is real, and it is here. Populations are dropping and doing so rapidly. This could dramatically reshape the practice of law. How do we substitute the services of the now retired lawyers? Will it be AI? Will it even be human? This brings me to my second concern. Is Artificial Intelligence going to take over

the world? Many top AI researchers say it will, and that it will do so soon. Top AI researchers, Daniel Kokotajlo, Scott Alexan der, Thomas Larsen, Eli Lifland, and Romeo Dean authored a paper titled “AI 2027.” They “predict that the impact of superhuman AI over the next decade will be enormous, exceeding that of the Industrial Revolution.” Kokotajlo is a prominent researcher in AI safety who examines fundamental questions about AI risk, alignment, and the strategic implications of advanced AI systems. He was formerly with OpenAI, which is a lead ing AI research laboratory founded in 2015 with the stated mission of ensuring artificial general intelligence benefits all of human ity. In a recent interview with the New York Times and as spelled out in his paper AI 2027, he predicts that in just a few years AI will completely take over society. What are the legal ramifications of that? I do not want to sound alarmist. But this is what real experts are saying. I plan to focus the 2026 convention on this topic. The convention will be titled: “ BEYOND PRECEDENT: LAW'S NEXT FRON TIER .” More to come.

TERMS EXPIRE ON THE KBA BOARD OF GOVERNORS

On June 30 of each year, terms expire for seven (7) of the fourteen (14) Bar Governors on the KBA Board of Governors. SCR 3.080 provides that notice of the expiration of the terms of the Bar Governors shall be carried in the Bench & Bar. SCR 3.080 also provides that a Board member may serve three consecutive two-year terms. Requirements for being nominated to run for the Board of Governors are contained in Section 4 of the KBA By-Laws and the requirements include filing a written petition signed by not less than twenty (20) KBA members in good standing who are residents of the candidate’s Supreme Court District. Board policy provides that “No member of the Board of Governors or Inquiry Commission shall represent an attorney in a discipline matter.” In addition, any member of the Bar who is considering seeking or plans to seek election to the Board of Governors or to a position as an Officer of the KBA will, if elected, be required to sign a limited waiver of confidentiality regarding any private discipline he or she may have received. Any such petition must be received by the KBA Executive Director at the Kentucky Bar Center in Frankfort prior to the close of busi ness on the last business day in October. PLEASE VISIT THE KBA WEBSITE AT KYBAR.ORG/ABOUT-US/ABOUT-THE- KENTUCKY-BAR-ASSOCIATION/BOARD-OF-GOVERNORS TO OBTAIN A PETITION.

THE CURRENT TERMS OF THE FOLLOWING BOARD MEMBERS WILL EXPIRE ON JUNE 30, 2026:

2 ND DISTRICT RYAN C. REED BOWLING GREEN 4 TH DISTRICT SUSAN D. PHILLIPS LOUISVILLE 6 TH DISTRICT JENNIFER M. GATHERWRIGHT CRESCENT SPRINGS

1 ST DISTRICT JAMES A. SIGLER PADUCAH 3 RD DISTRICT DOUGLAS G. BENGE LONDON 5 TH DISTRICT AMELIA M. ADAMS LEXINGTON

7 TH DISTRICT W. MITCHELL HALL, JR. ASHLAND

9 bench & bar

OFFICERS & BAR GOVERNORS

OFFICERS

KENTUCKY BAR ASSOCIATION BOARD OF GOVERNORS OFFICERS AND BAR GOVERNORS FOR 2025-2026 MEET YOUR NEW

The new officers include President Todd V. McMurtry, Fort Mitchell; President- Elect Matthew P. Cook, Bowling Green; Vice Pres ident J. Tanner Watkins, Louisville; Rhonda Jennings Blackburn, Pikeville, imme diate past president; and Young Lawyers Division Chairman Kyle R. Bunnell, Lexington. These officers will serve from July 1, 2025 through June 30, 2026.

TODD V. MCMURTRY PRESIDENT

MATTHEW P. COOK PRESIDENT-ELECT

RHONDA JENNINGS BLACKBURN IMMEDIATE PAST PRESIDENT

KYLE R. BUNNELL YLD CHAIR

J. TANNER WATKINS VICE PRESIDENT

BAR GOVERNORS

Your new Bar Governors include Matthew C. Tierney, Owensboro, 1 st district bar governor; Stephanie L. McGehee-Shacklette, Bowling Green, 2 nd district bar governor; Sarah Hay Knight, Somerset, 3 rd district bar governor; Sheila P. Hiestand, Louisville, 4 th district bar governor; LaToi D. Mayo, Lexington, 5 th district bar governor; Catherine D. Stavros, Fort Mitchell, 6 th district bar governor and Miranda D. Click, Betsy Layne, 7 th district bar governor. These bar governors will serve from July 1, 2025 through June 30, 2027.

STEPHANIE L. MCGEHEE SHACKLETTE 2 ND DISTRICT

MATTHEW C. TIERNEY 1 ST DISTRICT

SARAH HAY KNIGHT 3 RD DISTRICT

10 july/august 2025 SHEILA P. HIESTAND 4 TH DISTRICT

MIRANDA D. CLICK 7 TH DISTRICT

LATOI D. MAYO 5 TH DISTRICT

CATHERINE D. STAVROS 6 TH DISTRICT

AI OP-ED

A CAUTIONARY TALE FOR KENTUCKY ATTORNEYS BY REPRESENTATIVE JASON NEMES, REPRESENTATIVE JOHN BLANTON AND FORMER SENATOR WHITNEY WESTERFIELD

Authors’ Note: The foregoing column was drafted with the assistance of ChatGPT, an AI language model developed by OpenAI. The authors have carefully reviewed the content for accuracy and tone prior to publication.

I n recent weeks, we found ourselves unex pectedly sharing some attention to our roles in the Kentucky General Assem bly, but not for a legislative victory or policy initiative we proudly championed. Instead, our names appeared prominently in a court pleading opposing summary judgment—a document filed by an attorney who used artificial intelligence to draft it. According to the filing, Representative John Blanton sponsored a specific bill, Representative Jason Nemes co-sponsored it, and former Senator Whitney Westerfield passionately argued for it on the floor of the Kentucky Senate. The problem? The bill never existed. Rep resentative Blanton never introduced such legislation. Representative Nemes never signed on as a co-sponsor. And Senator Westerfield couldn’t have possibly spoken about it because the Senate wasn’t even in session on the alleged day of the quoted speech. This alarming and surreal scenario under scores significant risks that attorneys, courts, and litigants face as artificial intel ligence makes deeper inroads into legal practice. At first glance, AI-powered tools seem like the perfect assistants—capable of drafting complex legal arguments quickly, citing statutes and cases with apparent ease. Yet, as our peculiar experience clearly demonstrates, these sophisticated sys tems can produce entirely convincing, yet entirely fictitious, narratives. The repercussions extend beyond mere embarrassment or procedural hiccups. Attorneys have a professional and ethical duty of candor to the courts, grounded in accuracy and truthfulness. When AI-gen erated falsehoods are mistakenly presented as facts, it undermines public confidence in our judicial system, wastes valuable judicial resources, and jeopardizes client outcomes.

This particular incident is not isolated. Courts across the country have already sanctioned law yers and law firms for similar

clearly the limitations of the technol ogy they adopt. Our bizarre and entirely fictional partici pation in a nonexistent legislative process serves as a cautionary tale. As enticing as technology’s promises may be, the pursuit of accuracy, integrity, and professional ism must always take precedence. Justice demands nothing less. ABOUT THE AUTHORS REPRESENTATIVE JASON NEMES is an attorney from Louisville who represents Jef ferson, Oldham, and Shelby Counties in the Kentucky House of Representatives. REPRESENTATIVE JOHN BLANTON from Salyersville has served in the Kentucky House of Representatives since 2017. He is chair of the House Session Standing Committee on Transpor tation and is a member of the Natural Resources & Energy, the Judiciary and the Veterans, Military Affairs, & Public Protec tion House Session Standing Committees.

blunders, highlighting a growing concern that technological convenience might out weigh professional responsibility. Trust is the cornerstone of our legal system, and any tool—no matter how advanced—must be employed with caution and skepticism, not blind reliance. As current and former lawmakers, we understand the pressure to adapt and embrace innovations that promise effi ciency and enhanced capabilities. AI undoubtedly has substantial potential, including streamlining repetitive tasks, facilitating legal research, and improving administrative functions. However, the stakes in litigation are too high for any shortcut or technological advancement to supersede meticulous, ethical lawyering. Lawyers bear ultimate responsibility for the accuracy and integrity of their filings. While technological assistance can be invaluable, the human element must never be side lined. Attorneys must rigorously verify facts, citations, and authorities before sub mitting any pleading to the court, no matter how compelling the AI-generated output might appear. To preserve the integrity of our judicial system, we call on attorneys, judges, and bar associations, to proactively consider guidelines for the responsible use of artifi cial intelligence in legal practice. Like any other tool, used correctly and responsibly, it can add to one’s practice and benefit your client’s objectives. Used unwisely, without caution and care, like any other tool AI systems can bring catastrophe. Lawyers should approach AI tools critically, verify its output independently, and understand

WHITNEY WESTERFIELD serves as the director of Legal and Governmental Affairs for LifeSkills, Inc. Senator West erfield represented the 3rd Kentucky Senate District from 2013 through 2024, and served as

11 bench & bar chair of the Senate Judiciary Committee for all three terms in office. Senator Wester field also served as a member of the Senate Standing Committees on Agriculture, Fam ilies and Children, Natural Resources and Energy, the Veterans, Military Affairs, and Public Protection Committee, and the Juve nile Justice Oversight Council.

BOOK REVIEW

THOMAS JEFFERSON AND THE KENTUCKY CONSTITUTION BY DENIS FLEMING, JR.

T homas Jefferson’s influence on Kentucky’s Constitution is a touchstone of state law and is cited in important cases going back to the 19 th century. In his new book, Thomas Jefferson and the Kentucky Constitution , Denis Fleming Jr. explores the history behind Jef ferson’s impact on Kentucky’s first two constitutions, adopted in 1792 and 1799 after Ken tucky separated from Virginia and became the 15 th state in the nation. In this well-researched book, Fleming shows that George Nicholas and John Breckin ridge, two Virginia natives who helped establish the new state of Kentucky, relied on Jefferson’s counsel to include in Kentucky’s initial constitutions strict “sep aration of powers” language which remains in the state’s con stitution today, and continues to play a vital role in Kentucky law and government. In the early days of statehood, the notion that government would be divided into three branches – legislative, executive, and judicial – was not novel, as it was established that way in the U.S. Constitution and in other states. What was innovative and still resonates in Kentucky law, was the inclusion of language A BOOK REVIEW BY JOHN SCHAAF

Nicholas is often called the “Father of Kentucky’s Constitu tion”, and a compelling portion of Fleming’s book explains how the author’s research into Nich olas’s papers found references to Jefferson’s writings on separation of powers, specifically in notes of remarks that Nicholas made to Kentucky’s first constitutional convention in support of ‘strict separation’. In the 1780’s, Jefferson wrote Notes on the State of Virginia , setting forth his views on many of the issues of the day, includ ing a review of the strengths and weaknesses of Virginia’s first constitution. In Notes , Jefferson wrote that concentrating state power in any one of the branches “is pre cisely the definition of despotic government.” He praises the Virginia convention that wrote the state’s constitution, including laying “the foundation . . . that the legislative, executive and judiciary departments should be separate and distinct, so that no person should exercise the powers of more than one of them at the same time.” However, Jefferson is critical of the drafters’ omission of specific language requiring each depart ment to stay in its own lane. As he states, “no barrier was pro

those charters. In 1891, the framers of the present-day constitution included a 26-sec tion Bill of Rights, with the separation of powers language placed immediately there after in Sections 27 and 28.

strictly precluding any branch from exercis ing power which belongs to another branch. The separation of powers sections were inte gral to Kentucky’s first three constitutions and were prominently placed in Article I of

vided between these several powers.” This is the important guidance that Nicholas brings to Kentucky’s 1792 constitution, resulting in the inclusion of provisions that Breck inridge protected in the 1799 constitution,

12 july/august 2025

Independence, and that several features of the initiative were later brought to Ken tucky and used by John Breckinridge in his reform of the criminal justice system that was enacted by the General Assembly in the 1790s, soon after Kentucky became a state. Fleming writes that Kentucky’s major crim inal justice reform legislation, enacted in 1998 under Gov. Paul Patton, reflected Jefferson’s (and Patton’s) belief in second chances, and “brought balance to the jus tice and prison systems with reforms of adult and juvenile sentencing, life without parole was established for serious offenses, and diversion programs were established for nonviolent offenders. This was a com prehensive example of the modern-day application of the progressive reforms in criminal justice envisioned and written into law by Jefferson and Breckinridge two hundred years earlier.” In addition to criminal justice reform, Gov. Patton confronted several death penalty issues during his administration. As Patton’s Counsel in those years, Fleming writes that the Governor’s views on the death penalty were comparable to views expressed by Jef ferson, who Fleming says did not oppose the death penalty, but “set about limiting it in Virginia.”

Two executions were conducted at the Kentucky State Penitentiary during Pat ton’s eight years as Governor. Then, in the 2002 General Assembly, Patton supported legislation to eliminate the death penalty for juveniles. The legislation failed, but Patton later commuted the death sentence of an inmate who’d been on death row for 20 years after being convicted of crimes he committed when he was 17 years old. In 2005, the U.S. Supreme Court referenced Patton’s commutation in holding that the U.S. Constitution forbids imposition of the death penalty on offenders who were under 18 when they committed their crimes. Thomas Jefferson and the Kentucky Consti tution provides excellent insight into the people who guided Kentucky to statehood and provided the foundational law that still resonates in courts and communi ties across the Commonwealth.

and which remain vital in Sections 27 and 28 of Kentucky’s present-day constitution: Section 27. The powers of the govern ment of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be con fined to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another. Section 28. No person or collection of persons, being of one of those depart ments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. Author Fleming is a Kentucky lawyer who’s had significant roles in the administrations of three Governors and a member of Con gress. His work in Thomas Jefferson and the Kentucky Constitution clearly establishes the historical foundation for more than a cen tury of Kentucky judicial opinions citing and relying on Jefferson’s guidance in decid ing critical issues arising under Sections 27 and 28. In the second part of his book, Fleming describes Jefferson’s influence on significant Kentucky cases over the last 40 years. With a particular focus on the work of former Chief Justice Robert F. Stephens, Fleming looks at the separation of powers questions involved in two cases in which Chief Jus tice Stephens wrote the majority opinion: Legislative Research Commission v. Brown , the 1984 case in which the Supreme Court struck down legislative attempts to exer cise executive power; and Rose v. Council for Better Education , the 1989 case which found the state’s public education system unconstitutional, leading to the General Assembly’s enactment of the Education Reform Act in 1990. In one of the book’s later chapters, Fleming provides interesting insights into Jeffer son’s views on criminal justice and shows that Kentucky criminal law has long been influenced by Jefferson. Fleming writes that Jefferson proposed “A Bill for Proportion ing Crimes and Punishments” in Virginia, shortly after writing the Declaration of

ABOUT THE AUTHOR

John Schaaf is a retired attorney and the co-au thor of “Hidden History of Kentucky Political Scandals.” The History Press, 2020.

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