Honoring Justice Donald C. Wintersheimer: A Legacy of Service
Celebrate the life and service of Justice Donald C. Wintersheimer, a respected figure in Kentucky's legal community. Learn about his distinguished career, notable awards received, and reflections from panelists who knew him. Justice Wintersheimer's commitment to justice and integrity continues to inspire all those who follow in his footsteps.
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JUSTICE WINTERSHEIMER: Celebrating a Life of Service
INTRODUCTION OF OUR PANEL Susan Clary Clerk of the Supreme Court of Kentucky Ted Miller Staff Attorney, Supreme Court of Kentucky Judge Richard Woeste Campbell County Family Court Judge
IN HONOR OF JUSTICE DONALD C. WINTERSHEIMER
JUSTICE DONALD C. WINTERSHEIMER BA, Thomas More College, 1953 MA, Xavier University, 1957 JD, University of Cincinnati, 1959 1960-1976: private practice/ City Solicitor, Covington 1976-1982: served on Kentucky Court of Appeals 1982-2006: served on Kentucky Supreme Court Founding member of Chase Inn of Court
AWARDS RECEIVED BY JUSTICE WINTERSHEIMER Monsignor Murphy Award Honorary Doctor of Law from NKU Distinguished Alumni Award from UC Award of Excellence from Chase Distinguished Alumni Award from Thomas More Community Service Award Outstanding Teacher Award KBA CLE Award Lincoln Award from NKU Kentucky Bar Foundation, Life Fellow Recognition Award from the IOLTA Commission Phi Alpha Delta Outstanding Jurist
THE WORK NEVER ENDS JUSTICE WINTERSHEIMER SERVED AS CITY SOLICITOR FOR COVINGTON FROM 1960-1976.
To practice justice is to practice liberty. Simon Bolivar
FOR OUR PANEL: WHAT WAS YOUR FIRST IMPRESSION WHEN MEETING JUSTICE WINTERSHEIMER?
Holding that recovery for damages for wrongful life or wrongful birth violate public policy. That a child can be considered as an injury offends fundamental concepts attached to human life. SCHORK V. HUBER, 648 S.W.2D 861 (KY. Wrongful life is a contradiction in terms. It is contrary to the public policy of this State as expressed by the legislature and interpreted by the courts. 1983) It is the holding of this Court that parents cannot recover damages based on the cost of raising a child from a physician for his alleged negligence.
CRAFT V. RICE, 671 S.W.2D 247 (KY. 1984) Adopting the tort of outrage as a cognizable cause of action in Kentucky. The plaintiff may have a cause of action for emotional distress from the intentional and unlawful interference with her rights, regardless of whether she suffers any bodily injury from such interference. The conduct alleged here is a deviation from all reasonable bounds of decency and is utterly intolerable in a civilized community.
JUSTICE WINTERSHEIMER WAS FOR LAW AND ORDER. JIM DADY, BOOK REVIEW: SECRETS OF THE KENTUCKY SUPREME COURT: A MEMOIR.
COMMONWEALTH V. WILLIS, 716 S.W.2D 224 (KY. 1986) Holding that KRS 421.350, allowing for a child witness to testify via closed circuit television outside the presence of the jury and defendant, is constitutionally sound. The legislative authorization of video tape or closed circuit trial testimony by certain child victims pursuant to KRS 421.350 does not violate a defendant s right to confrontation as protected by the constitution. The videotaped or televised testimony is the functional equivalent of testimony in court. The testimony is taken with the court, counsel and defendant present in person. Full cross-examination is authorized. The defendant and the jury can see and hear the witness and assess credibility by observation of the demeanor of the witness.
FOR OUR PANEL: IF YOU COULD DESCRIBE JUSTICE WINTERSHEIMER AS A JUDGE IN ONE WORD, WHAT WOULD IT BE AND WHY?
Initially, we must observe that the law is well settled that the wisdom of legislative and executive action may not be reviewed by the courts. Whether any project is based on sound economic theories is not within the scope of judicial review. HAYES V. STATE PROPERTY Our role is not that of a super legislature. AND [A]s long as the expenditure of public money has as its purpose, the effectuation of a valid public purpose, Section 177 is not offended even in situations where the conveyance occurs without consideration. BUILDINGS COMMISSION OF KENTUCKY, 731 S.W.2D 797 (KY. 1987) Merely because the state incurs an indebtedness for its benefit and others may incidentally profit does not bring the action within the letter or the spirit of the prohibition of lending of state credit. There must be stability to the law so that those who deal with it and rely upon it can have confidence that it will not be changed except for compelling reasons.
The book reflects his priestly zeal for the work. It reveals a veneration for judicial institutions and respect for the litigants who use them. - Dady.
FRANKFORT PUB. CO., INC. V. KENTUCKY STATE UNIVERSITY FOUNDATION, INC., 834 S.W.2D 681 (KY. 1992) Holding: the Kentucky State University Foundation, Inc., a nonprofit Kentucky Corporation for the benefit of Kentucky State University, was a public agency under the Open Records Act. The obvious purpose of the Open Records law is to make available for public inspection, all records in the custody of public agencies by whatever label they have at the moment.
Holding: the Family Court judicial system, initiated as a pilot project for the 1990-92 biennium, is constitutionally sound. KUPRION V. FITZGERALD, 888 S.W.2D 679 (KY. 1994) The Kentucky Constitution is, in matters of state law, the supreme law of this Commonwealth to which all acts of the legislature, the judiciary and any government agent are subordinate.
GUILIANI V. GUILER, 951 S.W.2D 318 (KY. 1997) Holding that a minor child can maintain a claim for loss of parental consortium. When the common law is out of step with the times, this Court has a responsibility to change that law. Development of the common law is a judicial function and should not be confused with the expression of public policy by the legislature. It is a natural development of the common law to recognize the need for a remedy for those children who lose the love and affection of their parents due to the negligence of another. Common law grows and develops and must be adapted to meet the recognized importance of the family, and the necessity for protection by the law of the right of a child to a parent s love, care and protection so as to provide for the complete development of that child.
FOR OUR PANEL: WHAT IS SOMETHING PEOPLE DON T REALIZE ABOUT JUSTICE WINTERSHEIMER?
A state requirement is preempted only when the FDA has established counterpart regulations or there are other specific requirements applicable to the particular device under the act. NIEHOFF V. SURGIDEY CORP., 950 S.W.2D 816 (KY. Delved into preemption pursuant to the supremacy clause and the congressional purpose behind the concept 1997)
LANE V. COMMONWEALTH, 956 S.W.2D 874 (KY. 1997) Lane s domestic companion, inflicted injuries upon Lane s two-year-old daughter. Lane was charged as an accomplice. The trial court determined Lane had no legal duty to prevent the abuse of her child. [W]e hold that KRS 620.010 creates an affirmative duty for the parent of a child to prevent such physical injury which would result in an assault on that child. This duty was clearly violated by Lane[.]
HOWARD V. COMMONWEALTH, 969 S.W.2D 700 (KY. 1998) The district and circuit judges held that the DUI law creating zero tolerance for underage drinkers was an unconstitutional violation of the Equal Protection Clause. Justice Wintersheimer wrote that the juvenile DUI statute was constitutional. The law did not infringe upon a fundamental right and the age classification remained subject to a rational basis analysis. Automobile drivers under the age of twenty-one do not constitute a suspect class. [I]t is clear that the intent of the legislature was a legitimate concern to reduce the number of teenage traffic fatalities as well as to protect all members of the public.
FUGATE V. COMMONWEALTH, 993 S.W.2D 931 (KY. 1999) We hold that the DNA comparison analysis using the RFLP and PCR methods is admissible without being the subject of a pretrial Daubert hearing. However, the evidence in question is still subject to challenge at trial. Holding that DNA evidence is per se admissible pursuant to Daubert standards.
FOR OUR PANEL: EXPLAIN ONE TIME WHEN JUSTICE WINTERSHEIMER TAUGHT YOU A LESSON YOU HAVE NOT FORGOTTEN.
KENTUCKY SUPREME COURT, 2005 Top Row, L-R Cooper Scott Johnstone Roach Bottom Row, L-R Wintersheimer Lambert Graves
After an accident on one of Kentucky Kingdom s indoor roller coasters, WHAS-TV made false statements about the history of the coaster, state inspector remarks, and Kentucky Kingdom s maintenance of the coaster. Jury award of $475K for lost profits; $1M for damages to reputation; and $2.5M for punitive damages. Holdings: Evidence was sufficient to prove actual malice. JNOV for reputation damages was correct as jury award was speculative. Punitive damages award was sound. There was no error in the punitive damages instruction to the jury. KENTUCKY KINGDOM AMUSEMENT PARK V. BELO KENTUCKY, INC., 179 S.W.3D 785 (KY. 2005)
BAZE V. REES, 217 S.W.3D 207 (KY. 2006) Holding that Kentucky s method of lethal injection did not violate the Eighth Amendment ban on cruel and unusual punishment.
FOR OUR PANEL: DESCRIBE JUSTICE WINTERSHEIMER S WORK ETHIC.
IN 2008, THE KENTUCKY SUPREME COURT HONORED JUSTICE WINTERSHEIMER. HERE ARE JUST SOME OF THE DESCRIPTIONS THE JUSTICES GAVE OF THE JURIST. Chief Justice Joseph Lambert William T. Robinson Justice Cunningham Congenial, helpful and a gentleman in every aspect Prolific writer A man of strong and consistent views [H]e acquitted himself with honor and dignity as a Justice of this Court for almost a quarter of a century. He well served the judiciary and the people of Kentucky. He was and is a person I respect as a Justice, a colleague and a friend. Authored nearly 700 appellate opinions Most prolific opinion writer in the history of the court, averaging 50 opinions each year, both published and memorandum His contributions to the Legal and Judicial System of Kentucky have been tremendous and will stand as a challenge and example to all who aspire to Judicial Service. A deep dedication and devotion to the impartial application of the Law A commitment that sets him apart You are still spoken about here on the high court for your civility, your great demeanor, your kindness I really appreciate what you have brought to the cause of justice in this state.
IN 2008, THE KENTUCKY SUPREME COURT HONORED JUSTICE WINTERSHEIMER. HERE ARE JUST SOME OF THE DESCRIPTIONS THE JUSTICES GAVE OF THE JURIST. (Now Chief) Justice Minton Justice Noble Justice Hughes Long and distinguished career Justice Wintersheimer was the paragon of judicial temperament. Always punctual Always prepared Always courteous perfectly cast as the chaplain for the Court well-deserved reputation for being the workhorse on the Court Quick wit and a lively sense of humor [A]s I pass this portrait here in the Capitol, I will look for that delightful gleam in the eye of the subject and remember fondly Justice Donald Wintersheimer. Encouraging Example of professionalism and service to the people of the Commonwealth His writing style is clear, concise and often-pointed. [H]e is a man of integrity, intellect and, very importantly, great human kindness. Decisive and independent If, at the end of a judicial career, a judge can be acknowledged as decisive and independent, he or she has lived up completely to the high ideal we set for our judiciary. Justice Donald Wintersheimer has done just that.
IN 2008, THE KENTUCKY SUPREME COURT HONORED JUSTICE WINTERSHEIMER. HERE ARE JUST SOME OF THE DESCRIPTIONS THE JUSTICES GAVE OF THE JURIST. Justice Schroder Justice Scott And, in the words of Justice Wintersheimer: Justice Wintersheimer served this Court for over twenty-five years, where his service was outstanding Mentor Larger than life Both your work ethic and tenure on this Court are unparalleled. This is the day the Lord has made, let us rejoice and be glad! Marked by integrity, ability and dedication Prolific writer Diligent Scholar of the law Justice Wintersheimer is truly a Judge s Judge, someone to emulate. Friend, fellow Justice, and soldier Psalm 118
INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE. - MARTIN LUTHER KING, JR.
PLEASE WELCOME: JUSTICE DONALD C. WINTERSHEIMER
QUESTIONS FOR JUSTICE WINTERSHEIMER: What were your favorite and least favorite portions of the court process? What was the most memorable opinion you wrote? What is the most memorable dissent you wrote?
THANK YOU FOR YOUR TIME AND ATTENTION. Any questions from the audience?
