Ex Parte Leo G. Smith, Chief Public Defender, Louisville and Jefferson County Public Defender Corporation; and Elizabeth B. McMahon, Deputy Chief Public Defender, Louisville and Jefferson County Public Defender Corporation

Summary

The Supreme Court of Kentucky denied a petition for a supervisory writ seeking interpretation of the Kentucky Rules of Professional Conduct concerning attorneys’ membership in a collective bargaining unit. The Court held that the petition presented speculative ethical issues, lacked well-defined and compelling circumstances, and did not involve matters of statewide importance. The Court expressly declined to reach the substantive ethical questions.

Holdings

1. The petition for a supervisory writ was denied because Petitioners failed to demonstrate well-defined and compelling circumstances warranting the extraordinary remedy.
2. The petition did not warrant a supervisory writ because the issues presented were limited to a relatively small number of attorneys in Jefferson County and did not demonstrate statewide impact.

Questions Presented

1. Whether Petitioners were entitled to a supervisory writ interpreting the Kentucky Rules of Professional Conduct to determine whether attorneys may belong to collective bargaining units.
2. Whether the alleged ethical issues were sufficiently concrete, compelling, and of statewide importance to justify issuance of an extraordinary supervisory writ.

Disposition

writ_denied