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A RESOLUTION directing the appointment of a committee to determine whether 1
there is sufficient cause to institute impeachment proceedings against Richard Boling, 2
Commonwealth's attorney for the 3rd Judicial Circuit, consisting of Christian County, 3
and present articles of impeachment to the House of Representatives. 4
WHEREAS, on February 28, 2020, the Inquiry Commission of the Kentucky Bar 5
Association issued a complaint against Richard Boling regarding a letter written by Mr. 6
Boling on his official Christian County Commonwealth's Attorney letterhead in favor of 7
a pardon request in which Mr. Boling attacked the prosecutorial discretion of the 8
predecessor Commonwealth's attorney, and questioned the integrity of the former 9
prosecutor, the circuit judge who presided over the case, and the defendant's attorney; and 10
WHEREAS, on May 4, 2020, the Inquiry Commission of the Kentucky Bar 11
Association initiated a second complaint against Mr. Boling for "prosecutorial 12
misconduct in a criminal prosecution" arising from his prosecution and trial of a 13
defendant "for two counts of arson and six counts of attempted murder"; and 14
WHEREAS, on October 29, 2020, the Supreme Court of Kentucky rejected a 15
motion for consensual discipline for Mr. Boling arising from the February 28, 2020 16
complaint proposing a 60-day suspension from the practice of law, probated for one year, 17
as "woefully inadequate," stating in a subsequent order that the court deemed Mr. 18
Boling's conduct related to the February 2020 complaint "particularly egregious"; and 19
WHEREAS, on December 22, 2020, the Supreme Court of Kentucky reversed the 20
conviction obtained at the trial that was the subject of the May 4, 2020 complaint and 21
"remanded the case for a new trial due to Boling's misconduct" having "found his 22
conduct rendered the trial fundamentally unfair"; and 23
WHEREAS, on February 5, 2021, Mr. Boling filed a second motion for consensual 24
discipline proposing a 120-day suspension with 60 days to serve and 60 days probated for 25
2 years as a resolution of both pending disciplinary cases; and 26
WHEREAS, on April 29, 2021, the Supreme Court of Kentucky again rejected the 27 UNOFFICIAL COPY 23 RS BR 885
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proposed discipline and remanded the case to the Kentucky Bar Association for further 1
disciplinary proceedings; and 2
WHEREAS, on February 11, 2022, Roderick Messer was appointed as Trial 3
Commissioner to hear the charges against Mr. Boling; and 4
WHEREAS, a hearing on the charges was held in Hopkinsville beginning on 5
August 16, 2022 with proceedings concluding August 22, 2022; and 6
WHEREAS, at the hearing, Mr. Boling admitted that the pardon request letter was 7
written on Christian County Commonwealth's Attorney letterhead, was written in the 8
voice of the Commonwealth's attorney, and was signed by Mr. Boling as the 9
Commonwealth's attorney; and 10
WHEREAS, Mr. Boling further admitted that "he knew his statements regarding the 11
judge were false," and admitted "that he knew that other allegations made in the letter 12
were not true or that he had no basis for the claims"; and 13
WHEREAS, Mr. Boling denied the charges against him in the May 4, 2020 14
complaint and claimed "he did not intentionally mislead the trial jury during his 15
presentation of the evidence or in his closing argument"; and 16
WHEREAS, following the evidentiary hearing, the Trial Commissioner issued a 17
report on December 7, 2022, and included findings of fact and conclusions of law; and 18
WHEREAS, in the report, the Trial Commissioner found that Mr. Boling made 19
"false statements in his pardon request letter about" the judge which Mr. Boling "knew to 20
be false"; and 21
WHEREAS, with regard to other claims and statements in the pardon request letter, 22
the Trial Commissioner found, "The evidence offered has clearly shown that the 23
Respondent either knew these claims were false or that he made the statements with a 24
reckless disregard for the truth." The Commissioner further stated, "At the hearing the 25
Respondent made no claim that any of the allegations in his pardon request letter were 26
true"; and 27 UNOFFICIAL COPY 23 RS BR 885
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WHEREAS, regarding the prosecutorial misconduct charges under the May 4, 2020 1
complaint, the Trial Commissioner found that Mr. Boling "took deliberate and calculated 2
steps to mislead the jury when he failed to disclose known evidence 'that tends to negate 3
the guilt of the accused or mitigate the offense' as found by the Kentucky Supreme 4
Court"; and 5
WHEREAS, the Trial Commissioner found that not only did Mr. Boling "not share 6
with the defense the observations" of the detective regarding the defendant's intoxication, 7
"In fact, he acted to conceal that information. He argued against a voluntary intoxication 8
instruction and misled the jury in his closing argument. Respondent admitted that 9
voluntary intoxication would have been a defense to the intent element of the offense"; 10
and 11
WHEREAS, the Trial Commissioner found "that Respondent engaged in conduct 12
involving dishonesty, fraud, deceit and misrepresentation when he made grossly 13
misleading statements to the jury in the" trial "as found by the Kentucky Supreme Court"; 14
and 15
WHEREAS, the Trial Commissioner concluded that Mr. Boling "violated his duties 16
owed the public. He engaged in intentional misconduct that involved dishonesty, fraud, 17
deceit or misrepresentation. Acting in his role as Christian County Commonwealth 18
Attorney, Respondent failed to follow proper procedures or rules and, as a result, caused 19
injury to a party and the integrity of the legal process. With intent to deceive the court, 20
Respondent made false statements and improperly withheld material information and 21
caused serious injury to a party"; and 22
WHEREAS, the Trial Commissioner further concluded that Mr. Boling "knowingly 23
engaged in conduct with the intent to obtain a benefit for the lawyer or another and 24
caused serious injury to the public and the legal system. Respondent acted intentionally 25
and knowingly by writing the" pardon letter "and by his actions in the" trial, "caused 26
serious injury to the public, the profession, the court system and a criminal defendant"; 27 UNOFFICIAL COPY 23 RS BR 885
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and 1
WHEREAS, the Trial Commissioner recommended that Mr. Boling be found guilty 2
of all counts against him and "be suspended from the practice of law for a period of 3
FIVE (5) YEARS from the date of this report, and that at the end of the recommended 4
suspension the Respondent shall be required to reapply for admission to the Kentucky 5
Bar Association"; and 6
WHEREAS, in its order of May 6, 2022, the Supreme Court of Kentucky took 7
judicial notice of a 2021 case "wherein the Circuit Court dismissed a manslaughter 8
indictment because the Commonwealth, specifically Respondent Boling, knowingly and 9
intentionally presented false and misleading information to the grand jury" and the 10
Supreme Court requested additional information regarding the dismissal of the 11
indictment; and 12
WHEREAS, pursuant to Section 66 of the Constitution of Kentucky and KRS 13
63.020, the House of Representatives has the sole power of impeachment, and 14
proceedings for impeachment may be instituted in the House of Representatives; and 15
WHEREAS, given the significant and severe nature of the findings by the Trial 16
Commissioner against Richard Boling, a committee should be formed to investigate and 17
review the record to determine whether impeachment proceedings should be instituted 18
against Richard Boling, Commonwealth's attorney for the 3rd Judicial Circuit, and 19
whether Richard Boling's actions as stated by the Trial Commissioner warrant articles of 20
impeachment to be submitted to the House of Representatives; 21
NOW, THEREFORE, 22
Be it resolved by the House of Representatives of the General Assembly of the 23
Commonwealth of Kentucky: 24
ď˘Section 1. The Speaker of the House of Representatives shall appoint a 25
committee of the House of Representatives to investigate and review the record as to 26
whether impeachment proceedings shall be instituted against Richard Boling, 27 UNOFFICIAL COPY 23 RS BR 885
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Commonwealth's attorney for the 3rd Judicial Circuit, and whether Richard Boling's 1
actions as found by the Trial Commissioner warrant articles of impeachment to be 2
submitted to the House of Representatives. 3