Women in the Law 100 Years and Counting - Kentucky Bar Association
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IN THIS ISSUE Women in the Law 100 Years and Counting
This issue of the Kentucky Bar Association’s
B&B-Bench & Bar was published in the VOL. 84, NO. 3
month of May.
COMMUNICATIONS &
PUBLICATIONS COMMITTEE
James P. Dady, Chair, Bellevue
Contents
2 President’s Page
Paul Alley, Florence
By J. Stephen Smith
Elizabeth M. Bass, Gallatin, Tenn.
Rhonda J. Blackburn, Pikeville 5 COVID-19 Update
Jenn L. Brinkley, Pensacola, Fla.
6 Notice and Solicitation for Comments Concerning
Frances E. Catron Cadle, Lexington
Anne A. Chesnut, Lexington
Uniform Bar Exam
Elizabeth A. Deener, Lexington By Justice Laurance B. VanMeter
Cathy W. Franck, Crestwood
Lonita Baker Gaines, Louisville Features: Women in the Law - 100 Years and Counting
William R. Garmer, Lexington 12 Important Women, Important Milestones
P. Franklin Heaberlin, Prestonsburg
By Justice Michelle M. Keller, Kentucky Supreme Court
Judith B. Hoge, Louisville
Jessica R. C. Malloy, Louisville 16 ‘The question is whether men should be allowed to vote’:
Eileen M. O'Brien, Lexington The Struggle for Women’s Suffrage in Kentucky
Sandra J. Reeves, Corbin By Elizabeth A. Deener and James P. Dady
Gerald R. Toner, Louisville
22 Diversity and Wellness Programs Aren’t Working:
Sadhna True, Lexington
Change Systems, Not People
Zachary M. Van Vactor, Louisville
By Claire E. Parsons and Loren VanDyke Wolff
Samuel W. Wardle, Louisville
Michele M. Whittington, Frankfort
Columns
PUBLISHER 26 Young Lawyers Division
John D. Meyers By Zachary A. Horn
EDITOR
28 University of Louisville Louis D. Brandeis School of Law
James P. Dady 30 University of Kentucky J. David Rosenberg College of Law
MANAGING EDITOR 32 Northern Kentucky University Salmon P. Chase College of Law
Shannon H. Roberts 33 Law Practice Management
By Robert A. (Bob) Young
DESIGN & LAYOUT
Jesi L. Ebelhar 36 Effective Legal Writing
By Professor Jane Bloom Grisé
The B&B - Bench & Bar (ISSN-1521-6497)
is published bi-monthly by the Kentucky Bar
Association, 514 West Main Street, Frankfort, Bar News
KY 40601-1812. Periodicals Postage paid at 38 July Bar Applicant Listing
Frankfort, KY and additional mailing offices.
39 Casemaker Announcement
All manuscripts for publication should be sent
to the Managing Editor. Permission is granted
for reproduction with credit. Publication of Departments
any article or statement is not to be deemed an
44 Kentucky Bar Foundation
endorsement of the views expressed therein by
the Kentucky Bar Association. 46 Kentucky Lawyer Assistance Program
Subscription Price: $20 per year. Members
subscription is included in annual dues and is
52 Continuing Legal Education
not less than 50% for the lowest subscription
price paid by subscribers. For more information, 56 In Memoriam
call (502) 564-3795.
58 Who, What, When and Where
POSTMASTER
Send address changes to:
B&B - Bench & Bar
514 West Main Street
Frankfort, KY 40601-1812
Several inside graphics by ©istockphoto.com/JesiWithers
BENCH & BAR | 1
PRESIDENT'S PAGE
From the
BY J. STEPHEN SMITH
Basement
T
his president’s navigate through this mess. To that end, I post a running total of civic hours on our
page comes encourage you to write op-eds, blogs, tweet, website, www.Graydon.law, and it stands
to you during and otherwise let the world know about the at 12,108 for the past year. We also post
week seven of our good things we do. the number of beers served at our mostly
#HealthyAtHome effort, and from my monthly happy hour, Graydon on Tap.
home office, which in my case is a well-ap- This final page is full of thank you mes- Beyond the statistics are the people, how-
pointed corner room in the basement. sages and well-wishes to the people who ever. My assistant Pati Paige, the lawyers in
Hopefully, each and every Kentucky lawyer have been so supportive during my jour- our Kentucky office every day – Tom Pre-
has a location and the equipment necessary ney through the KBA. I’ll never be able witt, Stacy Cole, Dick Schmalzl, Darren
to work during this incredibly odd time. By to name everyone, and missing the annual Ford, Frank Schultz, Mike Surrey, Dan
the time this article reaches you, we will convention means I won’t have the chance Tobergte, Loren Wolff, Mark Ogle, Emily
likely, maybe, hopefully, be staging our way to express my gratitude in person. Regard- Cochran, Amanda Penick, Susan Argo, and
back into a work rhythm, though no one ing the convention itself, I hope that at least John Kropp – every one of them supported
knows exactly what that will look like. In you perused the B&B Magazine to see the my KBA work at some point in time. Our
the meantime, we make lemonade. plan for the 2020 KBA Convention. It was Managing Partner, Jack Greiner, the current
going to be a great one. In my mind, we Executive Committee and their prede-
It seems to me that Kentucky has responded broke attendance records, went seamlessly cessors (this has been a 10-year process)
very well to the challenges posed by this paperless, enjoyed 80-degree sunny days not only put up with me over these years,
virus. The people with the data say that and clear evenings, ran on time, all guest but encouraged me forward. Many others
however painful, the sacrifices to flatten speakers were wonderful, and we filled the stepped up to speak at conventions, KLU’s,
the curve when facing a virus and lacking local restaurants for the week. It wasn’t to and New Lawyer Programs, or to serve on
a vaccine have been effective. During this be, so the pressure is on Tom Kerrick to various committees. Our entire amazing
time, lawyers throughout Kentucky have knock it out of the park next year in Lex- team, lawyers and staff, deserves a round
been instrumental in advising companies, ington. We’ll come back to Covington in of applause that they won’t hear live.
charities, schools, governmental units, first 2024.
responders, small businesses, and indi- The people at the KBA became friends.
viduals on all avenues of law and coping. Thanks begin with my colleagues at Gray- John Meyers, Melissa Blackwell, Mary Beth
We should be proud of our work, brag a don. Many around the Commonwealth Cutter, Jane Herrick, Michele Pogrotsky,
little about our work, and let people know know us as a firm that values public ser- Yvette Hourigan, Guion Johnstone,
that lawyers are working diligently to help vice and charitable commitments. We Shannon Roberts and their respective
Many, Many,
2
Thank You’s
| MAY/JUNE 2020
Kentucky lawyers
deserve steadfast
support.
Our team is devoted to serving your liability
malpractice needs.
For more information call us at 502-568-6100 or
Submit for a quick quote at www.LMICK.com
BENCH & BAR | 3
PRESIDENT'S PAGE
departments are all people I will miss. is always open, and Katie Shepherd makes There are just too many people, and I only
Beyond the department heads, some staff sure that I know what I need to know. scratched the surface. During my year as
members are with us constantly in meet- She is a pro’s pro. Justice Keller has been a past-president, I am going to make an
ings, on the road with KLU and other friend for years and I’m sorry not to be able effort to get around the Commonwealth
events, such as; Ashley Cooper, Gwen to give her the Distinguished Judge award and take care of many more thank you’s. I
Smallenburg, Jay Garrett, Susan Greenwell, at the convention, but we will find a time have truly enjoyed the honor of being your
Caroline Carter, Ema Haines, Lori Reed, with appropriate fanfare to honor her and president. It is a wonderful role that anyone
Sonja Blackburn, Machell Smith, Jesi Ebel- all of the award recipients. The entire Court should pursue, and I am very sorry that
har, Terri Marksbury, Coleen Kilgore, and is open, responsive, and involved in our pro- the second half of this year became such a
Clifford Timberlake. The attorneys in the fession, beyond renditions, and everyone at wreck. However, there are people suffering
OBC who present difficult discipline cases the KBA appreciates them. worldwide and the heartburn I feel seems
professionally, and the entire OBC staff, are less than important. I wish every person in
all stellar. And last but not least, Phyllis I also want to thank my family. I am “stay- our Commonwealth, and elsewhere, health.
Newsome and the membership department ing-at-home” with Vicki, her daughter
are invaluable. Thanks to all. Hannah, three dogs (The Monkey, The That’s about a wrap for me. As T.S. Eliot
Rabbit, and lil’ Butt), and my parents, Jim said, “What we call the beginning is often
Naming every board member, I have served and Gay, are nearby. They are going very the end. And to make an end is to make a
with is impossible here. I’ll see them and strong after more than 60 years of marriage beginning. The end is where we start from.”
thank them personally someday. and I can’t imagine better parents. Vicki’s
elder daughter Jenni lives in Lexington and
The entire Supreme Court is incredibly often joined KBA outings if her mother
supportive of the KBA and enjoying time wasn’t available. I am extremely lucky on
in KBA leadership revealed that up close all counts.
and personally. Chief Justice Minton’s door
terms expire on the
K BA BOA R D
O F G OV E R NOR S
On June 30 of each year, terms expire for seven (7) of the fourteen (14) Bar
Governors on the KBA Board of Governors. SCR 3.080 provides that notice The current terms of the
of the expiration of the terms of the Bar Governors shall be carried in the
Bench & Bar. SCR 3.080 also provides that a Board member may serve three following Board Members
consecutive two-year terms. Requirements for being nominated to run for will expire on June 30, 2021:
the Board of Governors are contained in Section 4 of the KBA By-Laws and
1st District – Van F. Sims Paducah
the requirements include filing a written petition signed by not less than
twenty (20) KBA members in good standing who are residents of the candidate’s 2nd District – Susan Montalvo-Gesser, Owensboro
Supreme Court District. Board policy provides that “No member of the Board 3rd District – James M. Ridings, London
of Governors or Inquiry Commission, nor their respective firms, shall represent 4th District – J. Tanner Watkins, Louisville
an attorney in a discipline matter.” In addition, any member of the Bar 5th District - Mindy G. Barfield, Lexington
who is considering seeking or plans to seek election to the Board of
6th District – Todd V. McMurtry, Ft. Mitchell
Governors or to a position as an Officer of the KBA will, if elected, be
required to sign a limited waiver of confidentiality regarding any 7th District – Rhonda Jennings Blackburn, Pikeville
private discipline he or she may have received.
Any such petition must be received by the KBA Executive Director at the Kentucky Bar Center
in Frankfort prior to the close of business on the last business day in October. Please visit the
KBA website at www.kybar.org/petition to obtain a petition.
4 | MAY/JUNE 2020
COVID-19 Information and Update for
KBA Members
COVID-19 has changed our world in a variety of ways including how we go
about our daily routines. To provide our members with up to date to information
on a variety of topics impacting the practice of law, we have compiled a
short list of items and where to visit for additional information.
Courts CLE
For information on Kentucky’s court system visit:
As many of you know the Supreme Court
https://kycourts.gov/Pages/Coronavirus.aspx
issued an Order addressing a change in
the CLE requirements for the 2019-2020
KBA educational year. To view the order, turn
For news on the bar center and each of our departments, to page 53 of this edition.
including Continuing Legal Education (CLE) and the Office
of Bar Counsel, visit www.kybar.org. We have scrolling
banners on our homepage with important information and Social Media
at the bottom is a listing of our latest news, which catalogues As always, we will continue posting
recent blast emails to members. information to our social media accounts.
Like our page on Facebook and follow
us on Twitter @KyBarNews.
KYLAP
Mental health is very important during this pandemic. Our Future Editions
Kentucky Lawyer Assistance Program (KYLAP) has worked
diligently to provide resources for our members. You can
of the Bench & Bar
The July/August 2020 edition of the
visit their website at www.kylap.org. For an article written by
Bench & Bar will cover COVID-19
KYLAP Director Yvette Hourigan addressing a variety of topics
and its impact on several areas
relating to metal health and COVID-19 turn to page 46.
of the law including family,
bankruptcy, and
KBA Annual Convention
employment law.
Our 2020 Annual Convention originally scheduled for
Covington, June 24-26, 2020, has been cancelled to
the coronavirus outbreak.
BENCH & BAR | 5
NOTICE FOR COMMENTS
Notice and Solicitation for Comments
Concerning Uniform Bar Exam
BY JUSTICE LAURANCE B. VANMETER
O
n April 14, 2020, the Kentucky Supreme Court issued a given the importance, as a matter of fairness, of maintaining stan-
Notice to all members of the Bar soliciting comments on a dardization among tests across exam administrations and the time
proposal to adopt the Uniform Bar Examination (“UBE”). required to develop high-quality essays. Most professions (medi-
The Notice served to outline the UBE’s composition and its com- cine, accounting, engineering, architecture) utilize a licensing exam
monly perceived benefits and disadvantages. As of this writing, developed by a national organization.10 As to the necessity of a bar
the Court has received over 70 comments representing a diverse exam, the Court discussed diploma privilege for the class of 2020
range of perspectives: from third-year law students to lawyers with graduates in light of the COVID-19 crisis but rejected it, reflect-
50+ years of experience; from lawyers admitted only in Kentucky ing our belief that testing for minimum legal proficiency serves an
to those who have passed multiple bar exams. The comments have important public protection purpose.
been mostly favorable to the UBE’s adoption, with 80% in favor,
11% opposed, and 9% ambivalent or needing further information. The current Kentucky bar examination already uses 75% of the UBE
This article explains the Kentucky bar admissions process and with the MBE, one MPT, three MEE questions, and six Kentucky
addresses what are perhaps some misconceptions. essays. The UBE would replace the six Kentucky essays with three
additional MEE essays and one additional MPT. Persons sitting
First, the bar exam is not administered by the Kentucky Bar Associ- for the Kentucky exam must learn the same subjects as examinees
ation;1 it is administered by the Kentucky Office of Bar Admissions. in the thirty-six UBE states, plus prepare for six additional Ken-
Under the Kentucky Constitution, the Supreme Court “by rule, tucky essays. But Kentucky examinees do not receive the benefit of
governs admission to the bar.”2 In fulfilling this obligation, the earning portable UBE scores that can be used to seek admission in
Court has created the Office of Bar Admissions, which in turn other UBE jurisdictions without retaking a bar exam.
is comprised of two entities, the Board of Bar Examiners and
the Character and Fitness Committee.3 The Board, comprised of MBE, MEE, and MPT questions are drafted by NCBE’s drafting
seven attorneys appointed by the Supreme Court,4 is responsible committees made up of law professors, lawyers, and judges from
for administering the bar exam, subject to rules established by the around the country who are experts in their subjects. Every question
Supreme Court.5 is pretested before it is used, and professors and attorneys from
outside the committees review all questions to make sure they are
Prior to 1972, the bar exam consisted only of Kentucky essays on valid, fair, and based on published test specifications.11 NCBE
a permitted list of twelve subjects.6 No exam format was specified, grades the MBE; the Kentucky Board, however, grades the MEE
and the Board was explicitly authorized to “cover the subject matter and MPT, and would continue doing so with the UBE. To ensure
in any manner that it sees fit.”7 Since 1972, the Kentucky exam standardization of scores, NCBE’s testing professionals convert the
has included tests developed by the National Conference of Bar MEE and MPT grades to scaled scores and combine them with the
Examiners (“NCBE”), a nonprofit organization established in 1931 MBE scores to produce UBE scores on a 400-point scale on which
to support state Supreme courts and boards in the bar admissions pass/fail decision are based. The Kentucky Supreme Court would
process.8 Over time, the NCBE tests used by Kentucky have come still set the required passing UBE score for Kentucky. At present,
to include the Multistate Bar Exam (MBE) (since 1972), the Mul- passing scores in UBE states range from 260 to 280.
tistate Professional Responsibility Exam (MPRE) (since 1989), the
Multistate Essay Exam (MEE) (since 1996), and most recently the If the UBE is adopted, the Kentucky bar exam may no longer
Multistate Performance Test (MPT) (since 2019).9 contain Kentucky essay questions. None of the UBE jurisdictions
supplement the UBE with state-drafted essays, and twenty-one do
A few comments criticize farming out any portion of the licens- not require completion of any type of state law component before
ing process to a national organization, testing by multiple choice admission.12 A consensus seems to exist in Kentucky, however, that
questions instead of an all essay exam, or even requiring a bar exam. exposure to unique and significant features of state law should
Most comments, however, acknowledge the benefits of such test- be required. UBE states having such a requirement (referred to
ing. A return to a stand-alone Kentucky essay exam is unrealistic as a “jurisdiction-specific component”) meet it in various ways,
6 | MAY/JUNE 2020including subject outlines coupled with online or in-person lectures
and sometimes including an online assessment.13 Kentucky appli-
cants would be required to complete such a component of some
form—separate from the UBE—before they are licensed, whether ABOUT THE AUTHOR
they take the UBE in Kentucky or transfer their UBE score from JUSTICE LAURANCE B. VANMETER
another state. has served on the Kentucky Supreme
Court since January 2017, represent-
The Kentucky Office of Bar Admissions would continue to admin- ing the Fifth Appellate Court District.
ister the bar exam, set educational requirements, grade the MEE He is one of four Justices to have
and MPT portions, and control the application process, including served at all four levels of Kentucky
the character and fitness requirements for admission. The UBE unified court system and has been a
provides examinees with a portable score, not a portable status. member of the judiciary since 1994.
Thus, only those from other states who have taken the UBE recently Justice VanMeter is the Supreme
(Kentucky would set the time period), graduated from an ABA Court’s liaison to the Office of Bar
accredited law school, achieved the UBE score required in Ken- Admissions.
tucky, paid their admission fees, received approval of their character
and fitness, and completed the additional Kentucky state law com-
ponent, would be eligible to become members of the Kentucky Bar. ENDNOTES
1 SCR 3.010, et seq., creates the KBA and generally defines its purpose and
functions. Of course, once someone passes the Kentucky bar exam and pays
Law students in the Commonwealth would benefit substantially the applicable fee, he or she becomes a member of the KBA. SCR 2.085,
from a move to the UBE. The UBE increases the consistency across 3.030.
2 Ky. Const. § 116.
the U.S. in subjects tested on the bar exam, allowing students to
3 SCR 2.000.
plan their preparation and course of study during and after law 4 SCR 2.020 (Board of Bar Examiners’ composition). As of this writing, the
school. The UBE also maximizes students job opportunities early Character and Fitness Committee is comprised of five lawyers. Beginning
in their careers by allowing them to relocate to other UBE jurisdic- May 1, 2020, that Committee will consist of seven lawyers and two lay
members, all appointed by the Supreme Court. Supreme Court Order
tions without being required to take another state’s bar exam. This
2020-21 (entered Apr. 9, 2020). The rules governing the Committee are set
will make Kentucky law schools more attractive to undergraduate out in various sections of SCR Part II, principally SCR 2.011, 2.040, 2.042,
students who are unsure of where they will practice. Lastly, it will 2.050, 2.060, 2.062, 2.085(2), 2.110, 2.111, 2.112, and 2.300.
reduce the costs to students and new lawyers looking to practice 5 SCR 2.020(3).
6 Rules of the Court of Appeals of Kentucky (RCA) 2.090(a) (1973). The
in multiple jurisdictions and make students more marketable to
required list of subjects was Administrative Law and Procedure, Conflicts
law firms in border cities with practices covering multiple states. of Laws, Contracts, Constitutional Law, Corporations, Criminal Law and
Procedure, Civil Procedure and Evidence, Real Property, Federal Taxation,
The profession also benefits from the implementation of the UBE. Torts, Uniform Commercial Code, Wills and Trusts. The list of current
subjects has varied over the last 45 years. SCR 2.080(1)(a)-(k) sets forth
Multi-jurisdictional practice is a reality in today’s legal profession.
the current list.
The UBE would ensure that all those who become members of the 7 RCA 2.090(b).
Kentucky Bar have met consistent standards to begin practice—by 8 Visit http://www.ncbex.org/about/ for information about NCBE’s role in
taking the same exam, given and graded under the same condi- bar admissions.
9 The Board retains the authority to “cover the subject matter in any manner
tions--as those who take the bar exam in the Commonwealth.
that it sees fit,” including exams prepared by the board or the MBE, MEE,
and MPT. SCR 2.080(2).
No one argues that the UBE is perfect or that any test is flawless, 10 A few examples of national professional licensure testing organizations in-
especially anyone having sat through a first-year torts exam, with clude the National Board of Medical Examiners, National Council of State
Boards of Nursing, National Association of Boards of Pharmacy, National
apologies to my first-year torts professor. Nonetheless, the UBE
Council of Examiners for Engineering and Surveying, American Institute
appears to be a very good option moving forward to streamline our of CPAs, National Council of Architectural Registration Boards, and the
bar examination process, ensure that our law students are prepared Federation of State Boards of Physical Therapy.
for the realities of today’s practice, encourage students from across 11 See Timothy Davis and Marcy G. Glenn, How Are Questions Written for
NCBE’s Exams? Part One: Two Multiple-Choice Question Drafters Share the
the country to attend our law schools, and administer an exam
Process, The Bar Examiner (Fall 2019), https://thebarexaminer.org/article/
that reliably determines whether applicants have the fundamental fall-2019/how-are-questions-written-for-ncbes-exams-part-one/, and
legal knowledge and skills to become respected members of the Sheldon F. Kurtz and Alexander W. Scherr, How Are Questions Written for
Kentucky Bar. NCBE’s Exams? Part Two: Two Written-Component Question Drafters Share
the Process, The Bar Examiner (Winter 2019 –2020), https://thebarexamin-
er.org/article/winter-2019-2020/how-are-questions-written-for-ncbes-ex-
ams-part-two/.
12 These states are Alaska, Arkansas, Colorado, Connecticut, District of
Comments are requested through June 30, 2020: Columbia, Idaho, Illinois, Iowa, Kansas, Maine, Minnesota, Nebraska,
New Hampshire, New Jersey, North Dakota, Oregon, Rhode Island, Utah,
UBEComments@kycourts.net.
Vermont, West Virginia, and Wyoming.
13 UBE Jurisdiction-Specific Components: Seven Unique Approaches, The Bar
Examiner 38 (Sept. 2016).
BENCH & BAR | 7UNIFORM BAR EXAMINATION
Supreme Court of Kentucky
NOTICE AND SOLICITATION FOR COMMENTS
TO KENTUCKY BAR ASSOCIATION MEMBERS
REGARDING PROPOSAL TO ADOPT
UNIFORM BAR EXAMINATION
*******
Pursuant to KY. CONST. § 116, the Supreme Court of Kentucky hereby
gives notice to the members of the Kentucky Bar Association of a proposal for
the Court to adopt the Uniform Bar Examination (UBE) as the official test for
admission to the Kentucky bar. The Court requests comments with respect to
this proposal by June 30, 2020. Comments should be addressed to:
Office of the Chief Justice:
UBEcomments@kycourts.net
The UBE is comprised of three parts: Multistate Performance Test (MPT),1
Multistate Essay Examination (MEE),2 and Multistate Bar Examination (MBE).3
The UBE is developed and administered two times a year, typically in February
and July, by the National Conference of Bar Examiners (NCBE).4 At present,
1 The MPT consists of two simulated case files presented in a realistic setting and calls for the
test candidate to demonstrate fundamental lawyering skills regardless of the area of law in
which the task arises. Each case file lasts 90 minute, for 3 hours total.
2 The MEE is comprised of six 30-minute essays (3 hours total) covering seven MBE topics
(infra note 3) plus Business Associations, Conflict of Laws, Family Law, UCC Art. 9 (Secured
Transactions), and Trusts & Estates.
3The MBE is a 200-question, multiple-choice exam (6 hours) covering Contracts,
Constitutional Law, Criminal Law and Procedure, Evidence, Real Property, Torts, and Civil
Procedure.
4 Due to the COVID-19 crisis, several states have decided to postpone the July exam, and the
NCBE has announced its intention to make its tests available in September 2020.
(http://www.ncbex.org/ncbe-covid-19-updates/) (accessed Apr. 9, 2020).
8 | MAY/JUNE 202035 states and the District of Columbia have adopted the UBE, with full
portability of scores for those taking the test. The Kentucky Board of Bar
Examiners currently uses the MBE in its entirety and is authorized to use MEE
essays and components of the MPT.5 In addition, the Board tests knowledge of
Kentucky law by six essay questions.6
In 2012, the Court created the Kentucky Bar Admission Review
Commission to evaluate the bar admissions process.7 In 2015, the
Commission issued its Report, and, inter alia, recommended not adopting the
UBE. The Report noted that “a minority of other states (14) have adopted the
[UBE]”; and that it “does not establish a true ‘national’ bar exam because
participating states still establish their own exam pass rates and continue to
grade the essay portion of the exam. Each state also sets its own character
and fitness requirements.” Report at 17. The Report expressed the
5 See SCR 2.080(2) (“The Board may cover the subject matter in any manner that it sees fit,
including or not including essay examinations prepared by the Board, and any of the following
examinations prepared by the National Conference of Bar Examiners: Multi-state Essay
Examinations (MEE) and the Multi-state Bar Examination (MBE). Beginning with the
administration of the July 2019 Bar Examination, the Board may also include item(s) from the
Multi-state Performance Test (MPT), prepared by the National Conference of Bar Examiners.”
6 The topics listed in SCR 2.080(1) are (a) Contracts, including sales and secured transactions,
(b) Constitutional Law, (c) Business Entities (corporations, partnerships and/or others), (d)
Criminal Law and Procedure, (e) Civil Procedure, (f) Family Law, (g) Property (real and/or
personal), (h) Torts, (i) Estates (wills and/or trusts), (j) Evidence.
7 The Commission’s full purpose was
To assess the current standards and processes used to determine whether an
individual is qualified to practice law in the Commonwealth of Kentucky; to
determine whether these standards and processes are still effective in serving
the best interest of the general public; and, to advise the Supreme Court of
Kentucky on measures that could be undertaken to improve the Court’s ability
to ascertain the fitness and competence of individuals seeking to practice law.
Report of the Bar Admissions Review Commission, 1 (July 2015)
(https://kycourts.gov/resources/publicationsresources/Publications/ReportofBarAdmi
ssions.pdf) (accessed April 9, 2020).
2
BENCH & BAR | 9UNIFORM BAR EXAMINATION
Commission’s concern that “[a]dopting the [UBE] would leave Kentucky with no
direct control over the substance of any of the remaining essay exam
questions[,] and “‘uniform’ questions do not always match the law as applied in
a particular state.” Report at 18.
In less than five years since the Commission issued its report, twenty
additional states have adopted the UBE. In addition, four more states,
Indiana, Michigan, Oklahoma, and Virginia, are considering adoption.
Kentucky, as opposed to being in the majority, is now in the minority of states
which have not adopted the UBE. Additionally, of its seven bordering states,
five have adopted the UBE: Illinois, Missouri, Ohio, Tennessee, and West
Virginia. And as noted, Indiana and Virginia are considering.
While the Commission recited disadvantages of the UBE, it has some
advantages. For students, the UBE (a) increases consistency in subjects tested
on the bar exam across jurisdictions, (b) maximizes job opportunities because
UBE scores are transferable to other UBE jurisdictions, and (c) reduces actual
costs and opportunity costs of preparing for and taking the bar exam in
multiple jurisdictions. The stated advantages of the UBE for the legal
profession are that it (a) acknowledges a shared core of legal knowledge and
lawyering skills, (b) assures a high-quality, uniform system of assessment of
minimum competence, and (c) recognizes the reality of multi-jurisdictional or
cross-border practice.
3
10 | MAY/JUNE 2020More information regarding the UBE is available on the NCBE’s website.8
In addition, recent reports from Indiana, Ohio and Texas concerning those
states’ bar admission studies are available on-line.9
If the Court adopts the UBE, it will set the passing score and the
maximum time period for transferring UBE scores. The Court will also direct
the Board of Bar Examiners to develop a Kentucky law component to
supplement the UBE.10
The Court requests comments from members of the bar by June 30,
2020. Please email comments to ubecomment@kycourts.net.
Date: April 14, 2020.
_____________________________________
CHIEF JUSTICE
8 http://www.ncbex.org/exams/ube/ (accessed Apr. 9, 2020).
9Indiana Report: https://www.in.gov/judiciary/ace/files/bar-study-report-2019.pdf (accessed
Apr. 9, 2020);
Ohio Report: https://www.supremecourt.ohio.gov/Publications/barExamTF/report.pdf
(accessed Apr. 9, 2020); Texas Report: https://www.txcourts.gov/media/1441612/final-task-
force-report_051518.pdf (accessed Apr. 9, 2020).
10Of the thirty-five states that have adopted the UBE, fourteen have adopted a pre-admission
state law component: Alabama, Arizona, Maryland, Massachusetts, Missouri, Montana, New
Mexico, New York, North Carolina, Ohio, South Carolina, Tennessee, Texas, and Washington.
These range from on-line outlines and courses, to in-person presentations.
4
BENCH & BAR | 11Features:
WOMEN IN THE LAW
WOMEN
“ ”
IMPORTANT
IMPORTANT MILESTONES
BY JUSTICE MICHELLE M. KELLER
We are told that men protect us; that they are generous, even
chivalric in their protection. Gentlemen, if your protectors were
women, and they took all your property and your children, and
paid you half as much for your work, though as well or better
done than your own, would you think much of the chivalry
which permitted you to sit in street-cars and picked up
your pocket-handkerchief? Mary Barr Clay
Madison County, 1839-1924
O
n January 6, 1920, the first day of the Legislative ses- answered that we had been planning it for centuries, but in reality,
sion that year, Kentucky ratified the 19th Amendment, it was just the natural consequence of greater numbers of women
becoming the 23rd state to do so. A mere 10 years before, availing themselves of legal education and, of course, following the
in 1910, the Kentucky Legislature had raised the age at path of the women of the law who were our trailblazers.
which a girl could marry from age 12 to 16 years and had passed a
co-guardianship law which recognized a mother’s claim to her own In 1989, then Chief Justice Robert F. Stephens established a task
children. True progress was epitomized with the right to vote, the force to study the problem of gender bias in the legal system. In
very cornerstone and foundation of “government by the people.” 1992 the task force determined that gender bias did indeed exist
Participation in the political process through the ballot box ensures in the Kentucky legal system, validating the widely held beliefs of
not only “government by the people,” but it also legitimizes the Rule many female attorneys, judges, and litigants. Women were already
of Law in this Commonwealth and in this nation. at work doing something about it. In March of 1987, Judy Moberly
West became the first woman to sit on the Kentucky Court of
Many Kentucky women toiled as suffragettes, and when the right Appeals, a seat she held until her untimely death from breast
to vote finally arrived, with it came another new right and responsi- cancer. Then in 1993, Sara Walter Combs became the first woman
bility. In 1921, for the first time, in Campbell County, women were appointed to the Supreme Court of Kentucky. She lost her seat in
allowed to sit on juries. Based upon an opinion from the attorney the subsequent election, but the seat remained in the female hands
general, Campbell County Circuit Judge Otto Wolff announced of Judge Janet Stumbo, who became Justice Stumbo. Justice Combs
that women would be included in the upcoming pool of prospec- became Judge Combs of the Court of Appeals in 1994, and later
tive jurors and it was banner news in the local newspaper, The was elected by her fellow judges to serve as the first female Chief
Kentucky Post. The first woman to be summoned for jury service Judge of that Court in 2004. Justice Stumbo continued to serve
was Kate Demmerle of Newport. Reportedly, she was not thrilled on the Supreme Court until 2004; she subsequently finished her
about serving and confessed that she would prefer to stay home and career as a jurist on the Court of Appeals. Women had not only
make catsup for her family. However, she noted it was her duty, and joined the ranks of the highest level of the Kentucky Judiciary, but
history was made. As early as 1928, Kentucky experienced its first had been recognized by their peers as deserving of leadership roles.
female judge, Kathleen Mulligan, but as a gender, women would The franchise of the vote truly sparked women’s participation in
remain significantly underrepresented in the legal arena for many civic and government life in the Commonwealth. I asked Judge
years to come. Combs what the 100th anniversary of the 19th Amendment means
to her. “As with all freedoms once acquired, we tend to forget the
Fast forward to 2006 when, in one single election cycle, the number sacrifices that brought them into reality. We cannot envision the
of women in the judiciary soared from approximately 10 percent to morally impoverished world that existed prior to the change – be it
nearly 33 percent!! Many people, both in and out of the legal pro- emancipation from slavery, freedom of worship, or women’s suffrage.
fession, were astounded and questions were being asked like, “Did It is vital for us to pause and remember not just as a gesture of grat-
you girls get together and plan this?” Of course, “us girls” could have itude, which we surely owe, but as a fail-safe against the injustice
12 | MAY/JUNE 2020that inspired the movement. At its essence, this Amendment is a constantly reminds us of the torch we are bearing. When I joined
testimony to the ongoing battle against injustice in all its endless the Women Lawyers Section of the Northern Kentucky Bar Asso-
and malignant forms.” Well said, Judge Combs! ciation, there were just a few of us and we knew each other well.
Now, I am happy to say that the section has so many members that
It is clear that Judge Combs views her role in history with delib- I cannot remember all of them!
eration and gratitude. Her path led the way for others, such as my
former colleague, Mary C. Noble, now Secretary of the Justice This is a positive change throughout the Commonwealth, includ-
and Public Safety Cabinet, who became the first woman to serve ing our law schools. Both the University of Kentucky’s J. David
as Deputy Chief Justice of the Supreme Court of Kentucky. The Rosenberg College of Law and the Northern Kentucky Universi-
role of Deputy Chief Justice is now well-filled by my colleague, ty’s Salmon P. Chase College of Law are led by female Deans for
Justice Lisabeth T. Hughes. Additionally, Judge Denise G. Clayton the first time in their respective storied histories. Mary J. Davis is
became the first African American woman to serve on the Kentucky serving as Interim Dean at UK, and Judith Daar is serving as Dean
Court of Appeals and now leads that court as Chief Judge. These at Chase. Dean Barbara Lewis, now deceased, led the University
aforementioned women are just a sampling of the highly competent, of Louisville’s Brandeis School of Law as early as 1981. When I
ethical and talented women who have been serving the Court of asked Dean Daar to reflect on the 19th Amendment, she opined,
Justice for the past decades. There are many women that I do not “The 19th Amendment gave structure and voice to a population
have the space to recognize who have been the respective “firsts” keenly self-aware of their capacity to contribute mightily to the
in their own jurisdictions, whether on the trial or appellate courts. nation’s well-being. As the first female to lead Chase College of
It goes without saying that these great strides could not have been Law, I embrace the opportunity and the responsibility to contribute
possible without an ever-increasing pool of competent and qualified to our community’s growth and prosperity by inviting voices of
women lawyers. As the number of female law school graduates every stripe to speak their mind and share the truth. For those of us
increased, they began to slowly populate law firms, academia, busi- who dedicate our hearts and talents to the Rule of Law, nothing is
ness and government. I have had the benefit of learning from and more precious than a seat at the table. For women, even today, that
working beside many of them; I wish I could name them all in this seat is often hard-fought and rife with skewed expectations. Only
article, as so many of us were the first in so many of the tasks we by seeing each other around the table as equals - equally capable,
undertook. I believe that reflecting on the courage and struggles equally flawed – can we truly advance the enterprise of justice.”
of the women who went before us, the suffragettes and others,
First all female jury in the
United States Jessamine Circuit
Court November 12, 1920
Left to Right, Front Row:
Mrs. Robert Askins - Center
Row: Mrs. Lin Goss, Mrs.
Lelia Cannon, Mrs. Robert
Duncan, Mrs. Thorton Lowery,
Mrs. Harry McGee, Mrs. Eliza
Watts Rear Row: W.J. Baxter,
Atty., Mrs. James Welch,
Mrs. Robert Simpson, Mrs.
Jessie Lunsford, Mrs. Frank
McDowell, Mrs. Irene Lowery,
E.B. Hoover, Atty.
The photograph is located in
the jury room of the Jessamine
Circuit Courthouse.
BENCH & BAR | 13Features:
WOMEN IN THE LAW
ABOUT THE AUTHOR
We are blessed in Kentucky to have outstanding female leadership JUSTICE MICHELLE M. KELLER was
for the next generation to emulate. We have had female presidents appointed to the Supreme Court of
of the KBA, currently of the ABA, and many of our professional Kentucky in April 2013 by Governor
associations. In addition to those already mentioned, I respectfully Steven Beshear and was subsequently
add Professor Allison Connelly of UK’s Rosenberg College of Law elected to a full eight-year term on
to the list. What she has meant to the law school and her students the Court in November 2014. She
is beyond measure, and her contributions far exceed the space I am currently serves as the chair of the
allotted. For the purposes of this article, I will highlight the fact that Access to Justice Commission and
she rose through the ranks of the state public defender system to Criminal Rules Committee. Justice
become the first and only woman ever named as Kentucky’s Public Keller was elected to the Court of
Advocate. At a recent UK Women’s Law Caucus event, Professor Appeals in November 2006, where
Connelly noted the importance of the 19th Amendment in her she served until her appointment to
acceptance speech for an award she was receiving. She emphasized the Supreme Court. Prior to her election to the Court of Appeals,
how that amendment gave us a voice, and we have a responsibility Justice Keller practiced law for 17 years, during which she served
to use it! as an assistant county attorney and worked in private practice. Her
private practice concentrated in the areas of medical negligence
All women stand on the shoulders of those who have gone before defense, administrative law, personal injury, and family law. Justice
us. When the 19th Amendment was ratified, my beloved grand- Keller attended Northern Kentucky University’s Salmon P. Chase
mother, Helen Finn Sheehan, of Pendleton County, Kentucky, was College of Law while working as a licensed registered nurse in
already a young wife and mother of two of the five children she critical care. She has received numerous awards, among them a
would eventually bear. She taught me from a very early age how 2012 Outstanding Woman of Northern Kentucky honoree; both
transformative the right to vote was for her. She never missed an the Chase Excellence and Chase Exceptional Service Awards in
opportunity to exercise that right, and I think of her every time I 2007 and 2011 respectively; and was the first woman presented
exercise my right to vote. I have never taken for granted the oppor- with the Distinguished Lawyer of the Year Award by the North-
tunity I have been afforded to serve as the first female justice from ern Kentucky Bar Association. A lifelong Northern Kentuckian,
the 6th Appellate District. When I joined the Supreme Court, for Justice Keller and her husband, Jim, a physician, are the proud
the first time, we had three female justices. And, but for a short parents of two daughters, Brenna and Olivia.
period of time, with the addition of Justice
Debra Lambert, that ratio remains.
We now enjoy the privileges that others have
helped provide. I once had the wonderful
experience of being in a small group discus-
sion with Justice Sandra Day O’Connor. I
asked her what it was truly like to be the first
female justice on the United States Supreme
Court. Ever eloquent and ladylike, she Litigation Support,
described her transition to the Court. One
of the most compelling pieces I remember Valuation, and
from that conversation was the fact that she
was so candid about how lonely it was in the Financial Forensics
beginning. Thank you, Justice O’Connor, Jus- Billy Upchurch
tice Ginsburg, all the women described in this CPA/ABV/CFF, CFE, CVA
article, and countless others who have been
their friends and peers, because thanks to you,
we, the women of the law, do not have to be
lonely any more.
Credentialed
Flemingsburg Louisville Richmond
Lexington Maysville
Chris Hatcher
CPA/CFF, CFE, CVA,
CGMA 866.287.9604 www.baldwincpas.com
14 | MAY/JUNE 2020Features:
WOMEN IN THE LAW
‘ ’
The question is whether men
should be allowed to vote:
The Struggle for Women’s
Suffrage in Kentucky BY ELIZABETH A. DEENER
AND JAMES P. DADY
A
s America made the long, tortuous
journey to woman’s suffrage, Ken-
tucky women joined in the struggle
in ways still to be admired at the centennial
of the 19th Amendment.
Led by Elizabeth Cady Stanton and Lucre-
tia Mott, some 300 devotees of the cause
gathered in 1848 for the Seneca Falls
Convention in upstate New York. Finding
common cause with those devoted to the
abolition of slavery, the Convention in its
Declaration of Sentiments proposed that
“All men and women are created equal […]”
and claimed the right of women to vote.1
By then, Kentucky had made one of the
earliest forays into women’s suffrage. In
establishing the first system of free public
education in 1838, the General Assembly
gave widows and unmarried female prop-
erty owners the right to vote in school
elections.2 But most women were not eligi-
ble under this limited grant of the franchise,
and few women in fact voted.
Determining who could vote was committed
to state jurisdiction by the framers of the
U.S. Constitution. Into the breach moved
the states, all intoning the same theme:
voting was to be the privilege of propertied
white men. These specifications seem now to
belong indeed to another millennium.
New York was the home of Frederick
Douglass, the great African-American
emancipationist, of Ms. Stanton, and Susan
B. Anthony, the famous suffragist and
perhaps the most significant woman in
American history. Nevertheless, New
York’s constitution reserved the franchise to
“[E]very male inhabitant of full age who
shall have personally resided within one
of the counties of the state for six months
immediately preceding the day of the
16 | MAY/JUNE 2020election [ … ] if during the time aforesaid As Ms. Anthony was being prosecuted for in 1881, the Kentucky Woman’s Suffrage
he should have been a freeholder of the the crime of voting, suffragists were liti- Association was formed.8
value of twenty pounds” etc., etc.3 gating another case arising in Missouri.
Virginia Minor applied to a local registrar Then there was the case of Mildred Sum-
North Carolina had voting qualifications to cast a ballot in the same election and was mers Lucas. In July, 1884, her husband W.J.
in elections for state senate different from refused under a Missouri law that confined Lucas, serving as jailer in Owensboro, was
those for its House of Commons, but in the franchise to men. killed protecting a black prisoner. Mildred
both cases voters needed to be “freemen of was appointed to succeed him, and the
the age of 21 years.” 4 Ms. Minor sued the registrar. Her theory choice was ratified by the voters of Daviess
was that by denying her the ballot, the reg- County. But her accession to the job was
Frederick Douglass and Susan B. Anthony istrar, acting under the color of state law, blocked by the county judge because as
were practically neighbors in Rochester, was denying her a right guaranteed by the a woman, Ms. Lucas was not eligible to
New York, and they supported each oth- Privileges and Immunities Clause of the serve.9
er’s causes for decades, until the friendship U.S. Constitution.7
frayed in the debate over the 15th Amend- Aggrieved, Ms. Lucas sued in mandamus
ment granting African-American men the Unanimously and emphatically, the U.S. to require Atchison, the county judge, to
right to vote. Black male suffrage was won Supreme Court rejected Ms. Minor’s plea. accept her tender of bond and administer
only after generations of social, political, The Privileges and Immunities Clause does the oath to her.
and sectional conflict and the waging of not guarantee the right to vote, the court
the Civil War. said. The 14th Amendment protects against The case was passed to the Court of
a state impairing rights the Constitution Appeals, then Kentucky’s court of last
Both Ms. Stanton and Ms. Anthony opposed guarantees. Since the right to vote was not resort, by a device known then as superse-
the 15th Amendment. They demanded that among them, the state of Missouri did not deas. The Court of Appeals spent the bulk
the crusade for black male suffrage should offend the Constitution in denying Ms. of its opinion on procedural flaws in Ms.
gather up women in its ambit.5 Minor the franchise. Lucas’s case: who can bring an action in
mandamus, what can be requested by the
Agitation for women’s suffrage ground on Near the close of its decision written by writ, who can be a defendant. The opinion
after the Civil War. Chief Justice Morrison Waite, the Court is a small classic in the annals of jurispru-
seemed almost to apologize for it: dential circumlocution, which perhaps was
Ms. Anthony registered and voted in the court’s intention.
Our province is to decide what
the 1872 presidential election. She was
the law is, not to declare what it
arrested and prosecuted for her crime in Unable to cite a specific provision in the
should be. If the law is wrong, it
federal court. She was the object of the Kentucky Constitution barring women
ought to be changed.
trial judge’s special concern. Observing from the office, the court reasoned its way
a federal rule then prevailing, the judge by analogy to a rule:
[N]o argument as to woman’s
denied her the right to be heard. He then
need of suffrage can be consid- It necessarily follows, it seems to
directed a jury verdict of guilty and fined
Ms. Anthony $100. ered. We can only act upon her us, that when women are excluded
rights as they exist. from the right to vote when those
officers are to be elected, they are
Over the judge’s attempts to silence her,
It is not for us to look at the hard- also excluded from the right to
Ms. Anthony defied him with what has
ship of withholding. Our duty is hold the offices voted for.
been described as the most famous oration
at an end if we find it is within
in the history of the suffrage movement.
the power of a state to withhold. Near the close of its opinion, the court
She characterized the judge’s conducting
offered Ms. Lucas some petty comfort.
of the trial as Even though, women were accorded suf- Mr. Duncan, who lost the election to Ms.
frage in the Wyoming Territory by 1869
[T]his high-handed outrage Lucas, but who was appointed when she
and the Utah territory in 1870, many
upon my citizen’s rights. You have was disqualified, claimed the sum of $274
suffrage advocates came to view a consti-
trampled underfoot every vital the county had reimbursed Ms. Lucas in
tutional amendment as the indispensable
principle of our government. My her short tenure. The court turned him
natural rights, my civil rights, my remedy for their grievance. down:
judicial rights are all alike ignored.
The first meeting of suffrage advocates It would be against every rule of
The judge declined to have Ms. Anthony in Kentucky was probably at Glendale law, equity, and good conscience
jailed when she refused to pay the fine, in Hardin County in 1867. Ms. Anthony to take this from [Lucas] and give
thus preventing an appeal to the U.S. and Carrie Chapman Catt gave speeches it to [Duncan].10
Supreme Court.6 espousing suffrage across Kentucky, and
BENCH & BAR | 17Features:
WOMEN IN THE LAW
Against this backdrop of legally sanctioned Without the drive to ban the “liquor evil,” was the only instance in American history
patriarchal hegemony in Kentucky, the Pro- the suffrage movement would not have where the franchise extended to women
gressive Era dawned around 1890. drawn the talents and energies of gifted was subsequently taken away.15
women such as Ms. Stanton and Ms.
In its culmination in the second decade of Anthony, who made her first public speech Kentucky suffragists, then decided to dis-
the twentieth century, no fewer than four in 1849 to a group called the Daughters of tance themselves from the cause of racial
amendments to the U.S. Constitution were Temperance.12 Carry Nation, the famous justice and accept a school suffrage statute
ratified within seven years: axe-wielding prohibition crusader, was born in 1912 which gave the vote to women but
in Garrard County in 1846.13 14 which included an educational qualification
• The 16th Amendment permit- that most African-American women could
ting the income tax; As enthusiasm for both causes gathered not meet.16 This literacy test was probably
• The 17 Amendment taking from
th across the country, the General Assem- inserted over the objection of Mary E.
legislatures and giving to voters bly, acting under authority of a provision Britton, M.D., a female African-Ameri-
authority to elect U.S. senators; in the 1891 Constitution passed a statute can physician, who pioneered the causes of
permitting women in Lexington, Cov- racial justice and women’s suffrage, among
• The 18th Amendment banning ington, and Newport to vote in contests others.17
the sale of alcohol; for school board, municipal elections, and
• The 19th Amendment. in presidential elections. The statute was As pressure for universal suffrage expanded
repealed in 1902. In one election year in in the second decade of the twentieth
Importantly, the suffrage movement found Lexington while it was in force, 662 women century, the arguments against it had
common cause with the temperance move- registered as Democrats; 1997 as Republi- crystallized.
ment. Suffrage was a direct consequence of cans, many of them black. The Democrats
the sentiment for prohibition.11 did not actually lose because of this change Suffragists had been denounced in the
in the (racial) balance in registration, but 1870s as modern-day Jerushas, and as
they feared that they might eventually. It “Yankee girls.” A Georgetown newspaper
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18 | MAY/JUNE 2020editor asserted that members of the Gen- of a juvenile court system, and when she A biographer characterized Ms. Clay’s
eral Assembly should marry the “fuzzy old returned to Kentucky she pushed the Gen- attitude toward African-Americans as
Yankee girls and convert them into sensible eral Assembly to start one here in 1906. paternalistic rather than racist. She split
women.” A Louisville preacher thundered with many in the movement when she
that suffragists were “[N]otorious,” and that Indefatigable in the cause of tuberculosis, opposed suffrage being inscribed into the
they represented “a fiery partisan assault Ms. Breckinridge helped to initiate a free TB federal constitution, regarding the cause
upon, not only our common Christianity, dispensary, and to raise the equivalent of $1.2 as a matter for the states to settle for
but our social order.”18 million in today’s dollars to build the Blue- themselves.
grass Tuberculosis Sanitarium in Lexington.
The arguments of the opponents later Ms. Clay’s sister Mary Barr Clay served as
became subtler, if inconsistent. Women are In 1912, Ms. Breckinridge became pres- vice president of both the National Woman
not men’s equals and should be subordinate ident of the Kentucky Equal Rights Suffrage Association and the American
to them, was one theory. Another was that Association, and helped to lobby to passage Woman Suffrage Association. She helped
women were subordinate to men in the that year’s school suffrage law.20 to organize the national meeting of the
public sphere but superior at home. There, latter organization in Louisville in 1881,
women existed on a higher moral plane Ms. Breckinridge gave as good as she got in the first to be held south of the Mason-
than men, and to involve them in public the debate over suffrage. With Kentucky’s Dixon line.
life would overburden them and destroy poor schools, history of violence, and cor-
their innate superiority.19 rupt politics, the question, she said was not The momentum for suffrage began to take
whether women should vote but whether on the character of an irresistible force
These and other arguments were met by men should.21 when President Woodrow Wilson endorsed
Madeline McDowell (Madge) Breck- it in an address to Congress in 1918 during
inridge, who answered an insult from a One of Ms. Breckinridge’s predecessors as World War I.
Kentucky governor directed at the suffrag- president of the Kentucky Equal Rights
ists with this rejoinder: “Kentucky women Association was Laura Clay, the daughter “We have made women partners in this
are not idiots – even though they are closely of the famous abolitionist Cassius M. Clay. war … Shall we admit them only to a part-
related to men.” nership of suffering and sacrifice and toil
Laura Clay supported herself through a and not to a partnership of privilege and
Born in 1872, the year of the prosecution of long life of agitation for suffrage and other right?”24
Susan B. Anthony, at Woodlake in eastern causes with the income from a 300-acre
Franklin County, and a great grand-daugh- farm in Madison County she leased from President Wilson perhaps was motivated
ter of Henry Clay, Ms. Breckinridge moved her father, and to which she took title after by street protests for the cause of suffrage
to the Clay estate, Ashland, in Lexington, he had passed in 1903. that took place in front of the White House
at the age of 10. in August of 1917. Uniformed soldiers
Ms. Clay’s interest in women’s rights was attacked the picketers without interference
She was well-educated, rare for a woman fueled by the inequitable treatment forced from the police. Some of the picketers were
then. She was athletically inclined until she upon her mother by Kentucky law incident arrested. Their First Amendment right to
contracted tuberculosis of the bone and lost to her parents’ divorce. Ms. Clay helped assemble and petition the government was
part of a leg to amputation. Highly literate, to win greater property rights for women, held in apparent suspension. One of the
Ms. Breckinridge began to review books including the right to retain wages and protesters arrested was Cornelia Beach, a
for The Lexington Herald, and eventually profits gained during marriage, a statu- Louisvillian.25
married the editor. tory stipulation for female physicians to be
hired in state mental-health facilities, and Southern Democrats in the U.S. House
She helped to found an Episcopal settle- the admission of women to theretofore all- opposed the 19th Amendment, but after
ment house in Lee County. She became one male state colleges.22 they abandoned a filibuster, the measured
of the founders of the Associated Charities passed there May 21, 1919, by a vote of
and of the Lexington Civic League. Among Ms. Clay was the leading advocate for suf- 304-89, and passed the Senate 55-29 on
the projects of the League was the con- frage in the South. She held important posts June 4, 1919. Kentucky became the 23rd
struction of a playground, kindergarten, in the National American Women’s Suffrage state to ratify the amendment January 6,
and elementary school in the impover- Association. Her efforts led to the establish- 1920. The cause of suffrage had achieved
ished Irishtown neighborhood. The League ment of suffrage societies in nine states, and such momentum that the General Assem-
under her leadership helped to build parks she fought for the provision in the South bly also passed a state suffrage law in case
and playgrounds elsewhere in Lexington. Carolina Constitution extending the vote the federal amendment was not ratified by
to women. While chair of the suffrage asso- the time of the national election that fall.
While a patient at a sanitarium in Denver, ciation’s membership committee, Ms. Clay
Ms. Breckinridge observed the operation helped to triple membership to 45,000.23 As Victor Hugo had observed, “All the
BENCH & BAR | 19You can also read
