ACLU of Kentucky

Legal Program

ACLU of Ky free-speech suit grows from lawyer's criticism of state ethics commission

Monday, March 21, 2011, 10:26 am

In 2007 John M. Berry Jr. disagreed with the ethics commission after they had dismissed a complaint against Kentucky Senate President David Williams for soliciting campaign money from Frankfort lobbyists.

Berry sent a letter to the ethics commissioners, claiming they failed in their duty. He went on to attend their next meeting and provided his letter to journalists.

Berry's claim was met with a complaint filed with the Kentucky Bar Association by ethics commissioner, Paul Gudgel, a retired state Court of Appeals chief judge.

Following Gudgel's complaint, the KBA launched an professional conduct investigation of Berry and after 15 months, the KBA Inquiry Commission dismissed Gudgel's complaint but it still sent Berry a warning letter.

Berry responded by suing the KBA, citing the First Amendment. He asked the ACLU of Ky to represent him.

"The bottom line on our position is that the contents of Mr. Berry's letter are protected speech, and to the extent that they want torestrict his comments, the KBA's warning is chilling," said ACLU staff attorney William Sharp. "Attorneys should be able, just like the rest of society, to provide insightful criticisms into governmental operations. If they cannot, all of us lose."

Read the full Herald Leader story here.

Read Berry's full letter here.

Read the ACLU of Ky's support for summary judgment.

Read the KBA's summary judgment here.