FRANKFORT – After being suspended from practicing law in the commonwealth since January 2023 for nonpayment of bar association dues, the Kentucky Supreme Court ordered the reinstatement of former circuit judge James (Jamie) Jameson’s license late last month, subject to one condition – that he seek and comply with treatment for “his diagnosed” attention deficit hyperactivity disorder (ADHD).
Jameson made headlines in 2022 when, in the midst of his bid for reelection as judge for the 42nd Judicial Circuit, the Kentucky Judicial Conduct Commission (JCC) initiated formal proceedings against him, ultimately charging him with seven counts of misconduct. After being found guilty on all counts, the JCC deemed Jameson unfit for office and removed him from the bench.
Jameson appealed the JCC’s ruling to the Supreme Court. In August, justices affirmed the JCC’s findings in part and denied in part but ultimately concurred that Jameson’s actions warranted removal from the bench. While the JCC’s ruling, upheld by the Supreme Court, removed him from the bench, it did not impact his license to practice law.
However, in order to maintain licensure in the Commonwealth of Kentucky, practicing attorneys and judges must stay current with continuing education requirements and pay annual dues to the Kentucky Bar Association (KBA) – $220-310 for attorney, $150 for judges.
According to documents obtained by The Sentinel from the KBA, Jameson filed his application for reinstatement in March 2023.
A review of the Supreme Court rules (SCR) that govern the practice of law in the commonwealth shows that the specific processes for reinstating a license suspended for nonpayment vary based on the duration of the suspension, and even within that framework, leeway is given to the various entities involved with regard to how they proceed.
Throughout the process, the burden of proof lies on the applicant to establish “by clear and convincing evidence” that they “possess the requisite character, fitness and moral qualification for re-admission.”
The “good character and fitness” standard requires a “record of conduct (that) justifies the trust of clients, adversaries, courts and others,” the Office of Bar Admissions states on its website, adding that “the hallmark of such a person is honesty, especially in connection with the application for admission to the bar. Persons with a record showing a deficiency in honesty, trustworthiness, diligence, or reliability might not be recommended for admission.”
According to SCR 3.504, “Reinstatement to membership,” an uncontested application may be forwarded at any time to the Board of Governors for approval; but if it is contested, the Office of Bar Counsel (OBC) will present it at the next board meeting.
The board can then decide to restore the applicant’s membership or to refer the matter to the Inquiry Commission (IC) to conduct an investigation, and from that point on, another rule regarding reinstatement after disciplinary suspension, SCR 3.502, dictates the protocol.
In Jameson’s case, documents obtained by The Sentinel show that the board voted 15-0 against recommending reinstatement and referred the matter to the IC, noting in its order that Jameson may have “made unsubstantiated and potentially false factual statements in his application related to his failure to pay dues timely,” which creates good cause to believe he “lacks the character, fitness and moral qualification for re-admission to the practice of law.”
After the IC completes its investigation, as outlined in SCR 3.502, the matter is referred to the Character and Fitness Committee (CFC). If the majority of the CFC, the OBC and the applicant agree that, based on the record, the burden of proof has been met, the applicant is reinstated. If there is no agreement, the CFC will hold a formal hearing to determine if reinstatement is appropriate.
The IC completed its investigation of Jameson and submitted its report in August 2023, and last November, Chief Bar Counsel Jane Herrick requested a formal hearing before the CFC. Five months later – and one year after filing the application for reinstatement – the committee held a formal hearing in Frankfort, Ky., on March 25.
Jameson called several character witnesses to testify on his behalf, the CFC noted in its report, which described the examination of witnesses as “lengthy.” Contemporaneously, The Sentinel confirmed from multiple sources* that several employees in the Marshall and Calloway Circuit Clerks’ Offices were subpoenaed to testify at the hearing, although not all were called.
While Herrick stood on the record as presented and did not call witnesses, Jameson requested to cross-examine the witnesses whose testimonies were summarized in the investigator’s report. At 5:30 p.m., the CFC continued the hearing to an unspecified future date to allow him that opportunity.
Within two weeks of the hearing, Herrick filed a sealed motion for Jameson to undergo a mental health examination, but the CFC denied it, according to the report. Shortly thereafter, Herrick and Jameson reached an agreement and filed a joint stipulation on May 2, which CFC adopted and submitted to the high court for ruling.
Per the agreement, Jameson’s license would be reinstated provided he seeks ADHD treatment and submits quarterly reports from his provider affirming he is in compliance or that treatment is no longer necessary.
The joint stipulation did not address costs associated with the proceedings for which Jameson would be responsible. As such, the high court denied KBA’s request that Jameson pay $5,727.60 in costs.
Jameson declined an interview request for this story. In a text exchange around the time of the CFC hearing, Jameson told The Sentinel that the suspension was “by my choosing because I went into a different profession and opened a ministry to help seniors.”
According to Jameson’s Facebook page, his current occupation is “chief insurance and senior benefits advocate” for “Senior Health Ministries,” which is not a registered business with the Kentucky Secretary of State, has no website and bears no contact information on its Facebook page.
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