Friday, April 11, 2014

Disciplinary Case Still Open Against Probate Judge Bender


A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.
Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.
According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.
He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.
The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
- See more at: http://fayetteadvocate.com/archives/15397/2014/04/08/disciplinary-case-still-open-against-probate-judge-bender/#sthash.IQrwpuTV.dpuf
A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.

Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.

According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.

He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.

The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.
Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.
According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.
He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.
The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
- See more at: http://fayetteadvocate.com/archives/15397/2014/04/08/disciplinary-case-still-open-against-probate-judge-bender/#sthash.IQrwpuTV.dpuf

A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.
Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.
According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.
He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.
The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
- See more at: http://fayetteadvocate.com/archives/15397/2014/04/08/disciplinary-case-still-open-against-probate-judge-bender/#sthash.IQrwpuTV.dpuf
Full Article & Source:
Disciplinary Case Still Open Against Probate Judge Bender

1 comment:

  1. It shouldn't take this long, but if this is how long it takes and the system works, it's worth it.

    He should be suspended while the investigation is ongoing.

    ReplyDelete