If Henderson Family Judge David Curlin wants to sit on the bench again, he’ll need make his case to the state Supreme Court—and he’ll need to do it soon.
According to Rules of the Supreme Court 3.167, a respondent may file—“Within ten days after the entry of an order” of indefinite suspension—a “Motion to Set Aside Indefinite Suspension.”
The order and opinion that indefinitely suspended Curlin, signed by Chief Justice Laurence VanMeter, was entered on Sept. 29, leaving him until Oct. 9 to file a response.
The Hendersonian contacted the state Supreme Court Friday afternoon at about 3:30 CST. An official with the Supreme Court said that a response from Curlin had not yet been received by the court.
Curlin did not respond to a message from the Hendersonian left Friday morning.
Previously, the Hendersonian reached Curlin via text message Monday, but he declined to comment.
“At this time, I can not comment on pending litigation,” he wrote.
The suspension was handed down because Curlin failed to respond to a charge and previous complaints from the Kentucky Bar Association, said the Sept. 29 state Supreme Court order.
Additionally, Curlin did not respond initially to the state Supreme Court which ordered him to prove why he shouldn’t be suspended from practicing law.
The state Supreme court filed motions on March 10 and April 14.
Curlin first responded on April 25, stating in a filing that he would have responded to the bar association’s complaint and the first state Supreme Court motion if he’d known about them, the Sept. 29 Supreme Court order said.
Curlin also said in the filing that he hadn’t received the bar association’s motions or the March 10 Supreme Court document because of the “hasty closure of his law office and a change in his employment address due to his recent election as judge.”
On Aug. 24, the state Supreme Court denied the bar association’s request to indefinitely suspend Curlin, but it ordered him to respond to each of the charges against him by Sept. 25. By Sept. 29, he hadn’t filed a response, which warranted the suspension, the order said.
Retired Henderson County Family Court Judge Sheila Farris has been appointed to provide coverage.
