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McDONALD v. ETHICS COMMITTEE, KY JUDICIARY

No. 99-SC-00531-OA.

3 S.W.3d 740 (1999)

Judge Michael McDONALD, Kentucky Court of Appeals (Retired), Chief Judge John P. Hayes, Kentucky Court of Appeals (Retired), Judge Earl O'Bannon, Jr., Jefferson Circuit Court (Retired), Judge Ellen B. Ewing, Jefferson Circuit Court (Retired), Chief Judge Charles B. Lester, Kentucky Court of Appeals (Retired), Judge Benjamin F. Shobe, Jefferson Circuit Court (Retired), Chief Judge Richard A. Revell, Jefferson Family Court (Retired), Judge Michael J. O'Connell, Jefferson Circuit Court (Retired), Movants, v. The ETHICS COMMITTEE OF THE KENTUCKY JUDICIARY, Respondent.

Supreme Court of Kentucky.

As Amended November 15, 1999.

Attorney(s) appearing for the Case

Peter L. Ostermiller, Louisville, for Appellant.

Byron L. Hobgood, Franklin, Gordon & Hobgood, Madisonville, B.M. Westberry, The Ethics Committee of the Kentucky Judiciary, Paducah, for Appellee.

KELLER, Justice.

Eight retired judges who previously served as elected regular Judges at various levels of the Kentucky Court of Justice move this Court pursuant to Supreme Court Rule 4.310(4) to review Kentucky Judicial Ethics Committee Opinion JE-95. We must determine whether Supreme Court Rule 4.300, Canon 5 A(1)(b) of the Kentucky Code of Judicial Conduct prohibits retired judges who subjectively intend to accept future appointments as special judges from endorsing...

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