www.loubar.org 2 Louisville Bar Briefs Louisville Bar Association Mission: Promote justice, professional excellence and respect for the law; improve public access to the judicial system; provide law-related services to the community; and serve our members. BAR BRIEFS is a monthly paper published by the Louisville Bar Association. The LBA does not necessarily share or endorse any particular views expressed in this paper by contributors thereto. The views are those of thoughtful contributors. Advertising does not imply endorsement by the LBA of products or services or any statements made concerning them. Brian Bennett Megan Cleveland Elisabeth Gray Zachary Hoskins Elizabeth Howell Tricia Lister Bruce Paul Andrew Pellino Chelsea Granville Reed LaQuita Worner Louisville Bar Association Board of Directors Maria A. Fernandez — President Samuel W. Wardle — President-Elect Jennifer Ward Kleier — Vice President & Treasurer Sean Deskins — Secretary Bryan R. Armstrong — Past President Garry R. Adams Jennifer M. Barbour Bruce A. Brightwell Cynthia B. Doll C. Dean Furman Jameson L. Gay Ingrid V. Geiser Dwight L. Haygood Sherry L. Hurley Louisville Bar Foundation Board of Directors Sara V. Judd — President Gregory T. Dutton — President-Elect Joseph C. Ventura — Vice President & Treasurer Nicole T. Cook — Secretary Charles H. Stopher — Past President Maria A. Fernandez — LBA President Samuel W. Wardle — LBA President-Elect Bryan R. Armstrong — LBA Past President Dean Melanie B. Jacobs Janet P. Jakubowicz Jessica R.C. Malloy Sarah J. Martin Beth H. McMasters Jeffrey S. Moad Ozair M. Shariff Michelle D. Wyrick Samuel G. Graber — Tax Counsel Jeffrey A. Been — Executive Director Editorial Offices: 600 W. Main Street, Ste. 110 Louisville, KY 40202-4917 Phone: (502) 583-5314 [email protected] www.loubar.org VOLUME 25, NO. 04 Hon. Josephine Buckner — Jefferson District Court Hon. David Hale — U.S. District Court Amy I. Hannah — DPA Louisville Trial Office Al’Lisha Hanserd — LBA Young Lawyers Section Melanie B. Jacobs — Dean, UofL School of Law Sara V. Judd — LBF President Megan P. Keane — ABA House of Delegates Aaron Marcus — Charles W. Anderson Bar Association Michael J. O’Connell — Jefferson County Attorney Susan D. Phillips — KBA Board of Governors Hon. Shelley M. Santry — Jefferson Family Court Hon. Ann Bailey Smith — Chief Judge, Jefferson Circuit Court Jessica Valiani — UofL Brandeis School of Law Student Rep. J. Tanner Watkins — KBA Board of Governors Gerina D. Whethers — Jefferson County Commonwealth’s Attorney Jennifer Murzyn Yancey — Women Lawyers Association Kent Wicker — Counsel James B. Martin Jr. — Tax Counsel Kristen L. Miller — Executive Director Kristen Miller Managing Editor Bruce A. Brightwell, chair Dorothy J. Chambers Erran Huber Steve Rush Samuel W. Wardle Editorial Board Kimberly E. Kasey Graphic Designer In this issue 4 Breaking Barriers, Building Community LBA’s Black History Month Celebration 8 Legal Aid Society Journey to Justice 14 U.S. Supreme Court Justice Sonia Sotomayor awarded highest honor from UofL Brandeis School of Law 15 Bench & Bar Social Wrap-Up 17 Monthly Health & Wellness Committee Corner 18 LBA’s 125th Anniversary Celebrating 125 Years of the LBA’s Commitment to the Future of our Profession 19 Classifieds 19 Monthly Diversity & Inclusion Committee Corner 20 LBA’s New and Sustaining Members Professional Excellence 5 All Evidence to the Contrary By Chief Judge Ann Bailey Smith 6 “Concerns” of a Co-Parent Litigation Strategies to Handle Allegations of Child Abuse or Harm By Melina Hettiaratchi 9 Deciphering the Drama: Legal Challenges to the Corporate Transparency Act By Drew Teague 16 Negligence in Road Construction and Maintenance By Ron Johnson Events 11 Continuing Legal Education 11 Meeting Announcements A Statement on the Rule of Law from the Louisville Bar Association The Louisville Bar Association (LBA) has served attorneys, judges, law students, paralegals and other legal professionals across our community for more than 125 years. Our politically and socially diverse members share a commitment to “[p]romote justice, professional excellence and respect for the law,” and to “improve public access to the judicial system.” It is in this spirit that we want to reaffirm that the LBA stands in support of the United States Constitution and its creation of three co-equal branches of government: legislative, executive and judicial. Under our system of separations of powers, the judicial branch is charged with interpreting the law and determining the consti- tutionality of legislation and executive actions and orders. Remarks questioning the legitimacy of the courts and the doctrine of judicial review suggesting that any party can ignore court rulings are dangerous, and they threaten the delicate balance of power that the Founders established to protect freedom and liberty for all, to guard against tyranny and to preserve the rule of law. The LBA urges our leaders and fellow citizens to remember and respect the role of the judiciary as the impartial arbiter of the law in our country. In every court proceeding, there is always someone who disagrees with the outcome. Regardless of whether you are on the winning or losing side, the court’s decision must be accepted and followed. No individual, public official or other branch of government can be permitted to ignore court rulings. If our judicial branch is discredited and ignored, the rule of law will unravel. The LBA calls on all citizens, particularly our elected leaders, to respect the law and avoid comments or acts that may be perceived as undermining the constitutional role of courts in our country. We recognize that as a non-partisan organization representing our legal community, we have a responsibility to speak up about why these foundational tenets are so critical to our democracy, and we intend to do so. We will be working over the next weeks and months to provide educational resources to help us all better understand the role of our courts under the U.S. Constitution and the importance of an independent judiciary. We invite everyone to join us in these discussions and help us protect the system of checks and balances that makes our country so special. n
