By Jack Brammer
NKy Tribune reporter
The state Judicial Conduct Commission, which investigates complaints against judges, has scheduled formal proceedings against Kenton District Judge Ann Ruttle for alleged misconduct in office.
The commission, in a notice issued Wednesday, said its hearing is set for 9 a.m. March 22 in the Campbell County Courthouse in Newport.
The agency charged on Nov. 10 that Ruttle “engaged in a pattern of conduct that constitutes misconduct in office and violates the Code of Judicial Conduct.”
The alleged misconduct, the commission said, involves Ruttle’s conduct and her not applying the law concerning the appointment of a lawyer for indigent criminal defendants.
Kenton District Judge Ann Ruttle
It said the record shows that on Sept. 23, 2021, Lakeisha Yolanda Comer of Florence appeared before Ruttle at an arraignment for driving under the influence and other traffic citations.
Comer asked for the appointment of counsel, saying she could not afford an attorney. But Ruttle denied the request, saying she had a job and could afford a car to drive.
At a later hearing, the judge still declined to appoint counsel for Comer. Comer became emotional and Ruttle remanded her to custody of the court security. Comer said the judge remarked, “I wonder who the racist is, her or me. OK. That made my day.”
Ruttle continued the pre-trial conference for a later date and appointed the public defender as counsel. Comer eventually pled guilty to the DUI charge.
The commission also said a review of Ruttle’s felony arraignments reveals “a pattern and practice of misadvising criminal defendants of their right to have an attorney appointed for them and the circumstances under which they qualify.
Ruttle’s attorney, James T. Gilbert of Richmond, was not available Thursday to comment.
Ruttle has denied in documents she submitted to the commission that she acted inappropriately. She said it’s within her duty as a judge to decide whether people qualify for a public defender.
The commission has the authority to admonish, reprimand or censure Ruttle, suspend her without pay or remove her from office.
In April 2021, Ruttle was suspended for seven days without pay by the commission after it investigated two complaints against her in which she required defendants in criminal trials to file written demands for jury trials, made comments directed to public advocacy attorneys that were not patient, dignified and courteous, and in a proceeding with an unrepresented defendant suggested entering into a plea agreement that could reasonably perceived as coercive.
Judge Ruttle waived formal proceedings in agreeing to that order.
She was first elected to her position in 1994. She practiced law for ten years prior to her election.
I was called to a hearing with my mother during which she denied me the right to speak on my own behalf. She accepted my mother’s heresay and proceeded to strip me of my rights, making my mother my legal guardian and conservator. Then, she held a hearing and neglected to notify either of us. We received paperwork involving this hearing. She had appointed my PROSECUTOR, whom I have no idea why there need to be a prosecutor in a civil case, my other legal guardian
Thank you for sharing! It’s time our voices are heard in our community.
I was denied a public defender as well,by Judge Ruttle. Based on my family having posted a cash bond. I’m on disability. I am low income. My family posted my bond. And I was told I had to hire a paid attorney. How is this allowed? I can’t afford an attorney. What am I supposed to do?