Kentucky 2023 Regular Session

Kentucky House Bill HR30 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	23 RS BR 1256 
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A RESOLUTION laying before the House of Representatives Articles of 1 
Impeachment against Ronnie Lee Goldy, Jr., Commonwealth's attorney for the 21st 2 
Judicial Circuit consisting of Rowan, Bath, Menifee, and Montgomery Counties. 3 
WHEREAS, pursuant to an Order of the Supreme Court of Kentucky, a Special 4 
Commissioner conducted an evidentiary hearing on September 9, 2022, to create a record 5 
from which the Supreme Court could determine whether probable cause existed to 6 
believe that professional misconduct that had been alleged against Ronnie Lee Goldy, Jr. 7 
posed a substantial threat of harm to his clients or the public; and 8 
WHEREAS, Mr. Goldy was present at the hearing, was represented by counsel, 9 
testified on his own behalf, and was afforded the opportunity to cross examine all 10 
witnesses and to offer additional witnesses; and 11 
WHEREAS, following the evidentiary hearing the Special Commissioner issued a 12 
written report wherein she summarized the evidence presented, made Findings of Fact, 13 
and stated in the Conclusion of Law that the Inquiry Commission of the Kentucky Bar 14 
Association had "established probable cause to believe that Mr. Goldy's professional 15 
conduct poses a substantial threat of harm to the public pursuant to SCR 3.165(1)(b)", 16 
and recommended "that Ronnie Lee Goldy, Jr. be temporarily suspended from the 17 
practice of law"; and 18 
WHEREAS, the Supreme Court of Kentucky by Order dated September 16, 2022, 19 
adopted the report of the Special Commissioner in its entirety and ordered Ronnie Lee 20 
Goldy, Jr. temporarily suspended from the practice of law in the Commonwealth of 21 
Kentucky under SCR 3.165, effective September 16, 2022; and 22 
WHEREAS, the Supreme Court further stated in its Order that disciplinary 23 
proceedings against Mr. Goldy may be initiated by the Inquiry Commission pursuant to 24 
SCR 3.160, unless already begun or unless Mr. Goldy resigns under terms of disbarment; 25 
and 26 
WHEREAS, Mr. Goldy has not resigned and continues to hold the elected office of 27  UNOFFICIAL COPY  	23 RS BR 1256 
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Commonwealth's attorney for the 21st Judicial Circuit despite his inability to perform the 1 
duties of the office; and  2 
WHEREAS, the committee has independently reviewed all of the evidence 3 
presented at the evidentiary hearing before the Special Commissioner, and submissions 4 
from Mr. Goldy; and 5 
WHEREAS, the committee heard the testimony of three members of the 6 
Commonwealth's Attorneys' Association, all of whom are also members of the 7 
Prosecutors Advisory Council, and each of whom stated that the actions of Mr. Goldy 8 
rose to a level of violation of public trust sufficient to warrant impeachment, removal 9 
from office, and disqualification to hold any office of honor, trust, or profit; and  10 
WHEREAS, the evidence before the committee established that during his term of 11 
office as Commonwealth's attorney Mr. Goldy engaged in personal communications with 12 
a defendant in the 21st Judicial Circuit regarding her various pending criminal cases, 13 
discussed these criminal matters with her directly without her counsel being present, 14 
intervened on her behalf in court proceedings, and requested and received inappropriate 15 
personal information from the defendant as quid pro quo for his actions; and 16 
WHEREAS, the committee finds that the actions of Mr. Goldy during his term of 17 
office, the findings of the Special Commissioner, and Mr. Goldy's inability to perform the 18 
duties required of a Commonwealth's attorney due to the suspension from the practice of 19 
law by the Supreme Court of Kentucky, constitute a reasonable basis upon which to 20 
recommend that Ronnie Lee Goldy, Jr. be impeached, removed from office, and 21 
disqualified to hold any office of honor, trust, or profit in this Commonwealth; 22 
NOW, THEREFORE, 23 
Be it resolved by the House of Representatives of the General Assembly of the 24 
Commonwealth of Kentucky: 25 
Section 1.   The Articles of Impeachment filed with this Resolution are approved 26 
as adopted. 27  UNOFFICIAL COPY  	23 RS BR 1256 
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Section 2. A committee, with appropriate staff, shall be appointed by the 1 
Speaker of the House to prosecute these Articles before the Senate. 2 
Section 3.   The Chair of the committee appointed to prosecute the Articles shall 3 
lay the Articles before the Senate within five days as required by law, and shall transmit a 4 
complete record of the Impeachment Committee proceedings, including copies of all 5 
documents received by the Committee. 6 
7  UNOFFICIAL COPY  	23 RS BR 1256 
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ARTICLES OF IMPEACHMENT 1 
The Commonwealth of Kentucky, by the House of Representatives of the General 2 
Assembly, by virtue of the authority vested in it by Section 66 of the Constitution of 3 
Kentucky and the laws of this Commonwealth, hereby charges Ronnie Lee Goldy, Jr. 4 
through the following Articles of Impeachment, to wit: 5 
ARTICLE I 6 
Ronnie Lee Goldy, Jr. was duly elected and qualified as Commonwealth's attorney 7 
for the 21st Judicial Circuit, consisting of Rowan, Bath, Menifee, and Montgomery 8 
Counties, and continues to hold the office of Commonwealth's attorney. 9 
During his term of office, Ronnie Lee Goldy, Jr. engaged in conduct which resulted 10 
in a suspension from the practice of law by the Supreme Court of Kentucky with a 11 
finding of probable cause that his conduct posed a substantial threat or risk of harm to his 12 
clients or to the public. The Order from the Supreme Court required that he notify in 13 
writing all clients of his inability to provide further legal service. His inability to provide 14 
legal service to the citizens of the judicial circuit in which he was elected as a result of his 15 
suspension from the practice of law violates the right of the people to have confidence in 16 
their elected officials to perform the duties for which they were elected and constitutes a 17 
misdemeanor in office. Pursuant to Section 68 of the Constitution of Kentucky, this is an 18 
impeachable offense under the Constitution of Kentucky for which removal from office 19 
and disqualification to hold any office of honor, trust, or profit under this Commonwealth 20 
is warranted upon judgment. 21 
ARTICLE II 22 
During his term of office, Ronnie Lee Goldy, Jr. engaged in personal 23 
communications with a defendant in the 21st Judicial Circuit regarding that defendant's 24 
pending criminal cases in the 21st Judicial Circuit. He discussed these criminal matters 25 
with the defendant directly without her counsel being present and intervened on the 26 
defendant's behalf in various criminal proceedings. These inappropriate communications 27  UNOFFICIAL COPY  	23 RS BR 1256 
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and actions are a violation of public trust and constitute a misdemeanor in office. 1 
Pursuant to Section 68 of the Constitution of Kentucky, this is an impeachable offense 2 
under the Constitution of Kentucky for which removal from office and disqualification to 3 
hold any office of honor, trust, or profit under this Commonwealth is warranted upon 4 
judgment. 5 
ARTICLE III 6 
During his term of office, Ronnie Lee Goldy, Jr. requested and received 7 
inappropriate personal information from a defendant in the 21st Judicial Circuit as quid 8 
pro quo for actions he took in his official position as Commonwealth's attorney on behalf 9 
of the defendant. This constitutes a misdemeanor in office and, pursuant to Section 68 of 10 
the Constitution of Kentucky, is an impeachable offense under the Constitution of 11 
Kentucky for which removal from office and disqualification to hold any office of honor, 12 
trust, or profit under this Commonwealth is warranted upon judgment. 13