Published: March 25, 2008 02:47 pm            

Judge White unaware contribution was illegal

$200 went to senatorial candidate

WILLIAMSBURG— Newly appointed McCreary District Judge Fred White admitted to making an illegal campaign contribution, but said he was not aware he was doing any-thing wrong.

White was appointed by Gov. Beshear’s office to fill the vacant District Judge seat for McCreary and Whitley counties until the Nov. 4 general election. The position was left vacant after previous District Judge Daniel Ballou was elected as circuit judge.

On Dec. 12, 2007, White filed his intent to seek the position in the November election. However, according to the Kentucky Registry of Election Finance, White made a $200 contribution to senatorial candidate Scott Alexander on Jan. 19, 2008.

The violation occurred because White made the contribution after filing his intent to seek elected office. The Kentucky Code of Judicial Conduct states:

“A judge or a candidate for election to judicial office shall not solicit funds for or pay an assessment or make a contribution to a political organization or candidate.”

“I didn’t realize it was inappropriate,” White said. “It was a mistake.”

White said he made the contribution after his college roommate, involved with Alexander’s senatorial campaign, asked him to help out in the form of a campaign contribution.

“He’s always been a friend,” White said. “He was involved in the race. There’s some people you can’t turn down. He’s like a brother to me.”

White said he first realized that his contribution was a violation after hearing of another recently appointed district judge, John Chappell.

Chappell, of London, was officially appointed by Beshear’s office on Jan. 31 to fill the vacant district judge position serving Knox and Laurel counties until the November election. This seat was left open after Michael Caperton was elected to the Kentucky Court of Appeals.

Chappell filed his intent to seek the Knox/Laurel District Judge position in the November election on Dec. 12 , 2007, yet made a $200 contribution to Alenxander’s campaign on Jan. 19, 2008. Chappell also said that he was unaware this was a violation.

Both White and Chappell made contributions to the campaign of Democratic candidate Scott Alexander, who was endorsed by Beshear in a special February election to fill the vacant 30th District Senate seat. This seat was left vacant after Daniel Mongiardo was sworn in as Lieutenant Governor. Alexander lost his election bid to Republican candidate Brandon Smith.

Though she could not be reached for comment, Vicki Glass, spokesperson for the governor’s office, previously said contribution information of those selected by the governor’s office is not verified prior to their appointment.

“We don’t check on a person’s political contributions prior to appointing them,” she said. “We just strictly check their qualifications.”

Upon discovery of the wrongdoing, White said he immediately took steps to correct matters.

“When I found out it was inappropriate, I went through the proper channels to correct it,” White said.

White contacted the campaign office of Alexander and asked that his $200 contribution be returned, which promptly was returned to White.

“I’ve already cashed the check and spent the money,” he said.

He also wrote a letter to the Kentucky Judicial Conduct Commission to admit the violation and said he was told by the commission he most likely faces a public reprimand, which is when word of the candidate’s actions is sent to media, lawyers and judges across the state.

Stephen Wolnitzek, chair of the Judicial Conduct Commission, said he could not go into specific detail on White’s case due to confidentiality of this information, but said he expects the commission to act as it typically does in doling out a public reprimand as discipline.

“In general, I would expect the commission to do what the commission has done in the past,” he said.

Wolnitzek added that information of candidates violating conduct rules is disseminated by the Supreme Court Clerk’s Office.

According to the Kentucky Registry of Election Finance, this is the first time since 1998 that White had made a contribution to another campaign, besides the $2,562.10 he gave to his own 1998 campaign for district judge.

        

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