Holbrook, Runyon seek open circuit judge’s seat

By TONY FYFFE

BSN Editor

LOUISA — Voters in the 24th Judicial Circuit of Johnson, Lawrence and Martin counties will elect a new judge in next Tuesday’s general election.

Seeking to replace retiring Circuit Judge John David Preston are former District Judge John Kevin Holbrook and First Assistant Commonwealth’s Attorney David Matt Runyon, both of whom are from Johnson County.

Both candidates come from well-known Johnson County families.

Holbrook’s father, the late John Holbrook, served as a magistrate and county commissioner in Johnson County.

Runyon is the son of Paintsville Mayor Bill Mike Runyon and the grandson of the late James A. Knight, who served two terms as county attorney before being elected to the position Runyon is now seeking.

The Johnson County Bar Association recently sent questionnaires to the two candidates and made their responses available to The Big Sandy News. The complete questionnaire and the candidates’ responses follow.

John Kevin Holbrook

Full name: John Kevin Holbrook

Please list all bars for which you have been admitted:

Kentucky-October, 1994, United States District Court (Eastern District of Kentucky) and United States Court of Appeals (6th Circuit) 1995.

Do you currently hold, or have you previously held public office(s)? Describe:

District Judge-24th Judicial District-Division II (2000-2019), Assistant Johnson County Attorney (1994-2000).

Does your campaign have a website or social media page? If so, please list it by name or address. Facebook-John Kevin Holbrook for Circuit Judge

What skills, values, and experiences–both personal and professional–do you believe make you uniquely qualified for this position?

I am uniquely qualified for the position of Circuit Judge because I have several years of judicial experience, I’m knowledgeable of statutory law, case law and I have a good command of the Rules of Civil Procedure, Criminal Procedure and Evidence. I’m a detail oriented individual, therefore, I’m thorough and I strive to make the correct decision on any matter brought before me as a Judge. Because of my upbringing, I understand our people and how to be a Circuit Judge who best represents them collectively.

List where you have been employed since graduation from law school, including dates employed, your position and the nature of your employment responsibilities.

From August 1994 to October 1994, I was employed in the Johnson County Attorneys Office. During that period, mainly I worked in the areas of delinquent property tax collection (prepared tax collection letters and lawsuits) and criminal case prosecution (various duties included preparing Criminal Summons/Warrants, assisting in answering discovery and trial preparation). In October 1994, I became an Assistant Johnson County Attorney with my primary duty being criminal prosecution although I continued to perform delinquent tax collection duties, child support collection/litigation, Fiscal Court representation and the various other duties of the County Attorney Office. Additionally, I began my general practice of law (as described in my response to the next question) in October 1994. In November 2000, I was elected as District Judge and served in this capacity until January 2019. Since January 2019, I have served as an Assignment Judge in the Mountain Region (including being a Felony Mediator in Circuit Court) and I serve as the Judicial Outreach Liaison (JOL) for the Commonwealth of Kentucky. As JOL, I provide DUI educational programs to our Judges (both District and Circuit) and other stakeholders on various topics including: Search and Seizure, Evidence, Technology/ Enforcement Mechanisms, Toxicology, Statutory and Case Law Updates. Additionally, I “troubleshoot” various issues that may arise between our Judges and the Kentucky Transportation Cabinet especially related to DUI License Suspension Issues and Ignition Interlock License/Devise issues.

What is/was the general nature of your practice? Indicate any areas of practice in which you concentrated.

I was engaged in the general practice of law prior to being elected District Judge. Our practice included (but was not limited to) personal injury, corporate and public entity representation, bankruptcy, employment law, real estate and probate. My particular areas of specialization were corporate and governmental representation, school law, real estate, personal injury and bankruptcy. Additionally, I was a prosecutor in the Johnson County Attorneys Office. My duties included prosecution of DUI, traffic, misdemeanor and felony (at preliminary hearing) offenses. Additionally, as Assistant County Attorney, I was responsible for guardianship, mental health, child support and dependency neglect and abuse cases (and any other duties entailed in the County Attorney Office).

What percentage of your practice is/was litigation?

I would estimate at least fifty percent (as to our civil practice) but I have no way of knowing the exact percentage. As to my role as Assistant County Attorney, nearly all of my time was litigation (in one form or another).

Why are you running for this position?

I am running for this position because I have the judicial experience, knowledge, skill, independence and ethics that are necessary to be a Circuit Judge who will serve the entirety of our citizens. Additionally, I am running for Circuit Judge because our citizens deserve to choose who they believe will best represent them as Circuit Judge since they are charged by law with electing their Judges. Because I am qualified, have served them, willing to serve them again and capable of performing the job of Circuit Judge, I believe the voters are entitled to have a familiar candidate with several years of judicial experience for their consideration in making this important determination.

What qualities do you believe are most important in a circuit judge?

Knowledge of law and a good command of the rules of civil/criminal procedure and evidence is the baseline. Additionally, attentiveness, judicial temperament, and the ability to apply the rule of law to the legal arguments presented to the court are essential. Finally, a circuit judge should understand and adhere to their role in court proceedings and allow the attorneys to litigate their cases, to the best of their abilities.

Why do you believe you are the best candidate for the circuit bench?

If I’m to consider myself the best candidate (as opposed to the voters making this determination) it would be because of my judicial experience while serving as District Judge, serving as an Assignment Judge since 2019 and serving as a Special Circuit Judge in our circuit (for six months in 2003) during the absence of Judge Sparks. Additionally, I believe myself to be fair, courteous, respectful, knowledgeable, unbiased and independent. Finally, I understand the role of a Judge in court proceedings. As a Judge, I strive to be neutral and detached so that the parties in litigation are treated fairly and impartially (whether it be a civil or criminal case).

What are the greatest challenges facing Kentucky’s judicial system and what unique strengths would you bring to the Court to resolve them?

The greatest challenge facing Kentucky’s judicial system (as a whole) is electing judges in a non- partisan manner who are well-qualified, competent, who understand the unique role (and have the ability to fulfill the role) of a Judge in court proceedings and will adhere to the Canons of Judicial Ethics in so doing. The unique strengths I would bring to the judicial system to help resolve the issue is I’m a knowledgeable, experienced Judge who understands and successfully fulfills the role of the Judge in court proceedings in an independent, unbiased and ethical manner. The greatest challenge facing our jurisdiction specifically (and much of Kentucky’s judicial system), continues to be the challenges brought to our counties by drug abuse (and related crimes). The unique strengths I bring to the Court to help resolve the drug issue is that I understand the complexities of addiction and how to help best tailor a sentence (or diversion requirements) that will address the Defendant’s particular substance abuse issues so that the person can be a productive member of our community, in time. It’s critical in understanding substance abuse that it’s not only very complex but varies as to each individual so a Judge should make every attempt possible to understand the particular individual’s substance abuse issues and how to help best address them so that the public is ultimately protected and the Defendant’s substance abuse issues are resolved.

What do you believe is the purpose of incarceration, both pre-trial and post-trial?

As Attorneys/Judges we must remember and adhere to the principle that a person is presumed innocent until proven guilty (in a court of law). Therefore, the purpose of incarceration during pretrial is statutorily limited to circumstances (made after a judicial determination) where the Defendant is determined by the Court to be a flight-risk, unlikely to appear for trial or a danger to others.

Post-trial, I subscribe to the classical purposes of incarceration: punishment, deterrence, retribution and rehabilitation. To the extent possible, incarceration should prepare the Defendant for successful reentry into public life and prevent recidivism by the Defendant.

David Matt Runyon

Full name:

- David Matthew Runyon

Please list all bars for which you have been admitted:

- Commonwealth of Kentucky and Federal District Court

Do you currently hold, or have you previously held public office(s)? Describe:

- I am currently the First Assistant Commonwealth Attorney for the 24th Judicial Circuit which is comprised of Johnson, Lawrence, and Martin Counties. In that role I prosecute and litigate felony criminal cases in Johnson, Lawrence, and Martin Circuit Courts. I have held this position since 2018.

Does your campaign have a website or social media page? If so, please list it by name or address.

- runyonforcircuitjudge.com

- Facebook – Matt Runyon for Circuit Judge

What skills, values, and experiences–both personal and professional–do you believe make you uniquely qualified for this position?

- I will bring a strong work ethic, fairness, and broad experience to the bench. Over the course of practicing law for 13 years I have worked every type of case that can be held in circuit court. From civil defense and complex tort litigation to Plaintiff’s practice to criminal prosecution, I have litigated and tried cases in numerous circuit courts. I have also been heavily involved in our community. I have coached youth football from grades 3-12, I serve an organization called Growing Up Safe which seeks to educate kids on drug abuse and fight child abuse, I serve as a member of the Johnson County Senior Citizens Center, I am a member of Rotary, and I belong to various other charitable organizations. I am in our community, and I see first-hand how the decisions made from the Circuit Court bench affect our daily lives. I am in a unique position to put these skills and experiences to work for the 24th Circuit, and I’ll be ready to serve on day one. I was raised on conservative mountain values, and I will bring those same values to the bench. I will be firm but fair, I will show up and work hard every day, and I will treat people like I want to be treated.

List where you have been employed since graduation from law school, including dates employed, your position and the nature of your employment responsibilities.

- Porter, Banks, Baldwin, and Shaw (formerly Porter, Schmitt, Banks and Baldwin) from 2009-2015 where my duties primarily included defending lawsuits in litigation. I represented individuals, local businesses and hospitals, various county boards of Education (including the Johnson, Lawrence, and Martin County Boards), and municipal governments. In that role I conducted legal research, drafted legal memoranda, attended/took depositions, attended/conducted hearings and trials, handled appellate work, provided legal opinions and analysis, and generally managed civil litigation in various circuit courts.

- Kirk Law Firm from 2015-2018 where my duties were the same as set forth above, but I worked on the Plaintiff’s side of the law. I represented individual clients in a host of circuit court civil actions ranging from contract litigation to complex negligence actions. Over the course of my civil practice from 2009- 2018 I tried half a dozen cases in our local circuit courts.

- First Assistant Commonwealth Attorney from 2018-present where my job duties include prosecuting felony criminal cases in Johnson, Lawrence, and Martin Counties. In that role, I litigate felony criminal cases in circuit court, conduct legal research, draft legal memoranda, attend/conduct hearings and trials, attend/conduct Grand Jury sessions, and generally manage criminal litigation in the 24th Circuit. As a prosecutor, I have tried 7 felony criminal cases to jury verdict in Johnson, Lawrence, and Martin Circuit Courts.

What is/was the general nature of your practice? Indicate any areas of practice in which you concentrated.

- My practice is comprised of litigation in circuit court. I have handled a broad range of cases in litigation including, but not limited to, the following concentrations: criminal prosecution, medical malpractice actions, education law, oil, coal, and gas law, governmental/municipal law, civil rights law, employment law, personal injury litigation, contract law, administrative law, property law, criminal defense litigation, appellate practice, and pro bono legal work in the community.

What percentage of your practice is/was litigation? - 100%

Why are you running for this position?

- It’s my career goal and has been for decades. I have the experience, the demeanor, the inherent fairness, and the drive to do the job well. I always wanted to follow in the footsteps of my grandfather, Jimmy Knight, and I’ve worked diligently to accomplish that goal. After obtaining my law degree, I moved back to Johnson County and began seeking out the legal experience necessary to make me the best possible circuit judge I can be. I have litigated cases for 9 years in civil circuit court and another 4 years in criminal circuit court. I am running for this position because I have a unique combination of experience, energy, and enthusiasm that can serve our local judiciary. This is my career goal, and I want to be a full time Circuit Judge.

What qualities do you believe are most important in a circuit judge?

- Firmness, Fairness, and Efficiency. Everyone is equal before the law, and everyone deserves a fair shake. I will treat people like I want to be treated. As a gate keeper, the circuit judge must be firm, especially when it comes to public safety concerns. Circuit court must also be efficient. Cases should not linger on our dockets. If we expect folks to seek redress through our courts, then our courts must resolve legal actions in an efficient manner.

Why do you believe you are the best candidate for the circuit bench?

- Experience, Energy, and Enthusiasm. All of my practice experience is in circuit court. I have handled every type of case a circuit judge will see on the bench, and I will be ready to serve on day one. Moreover, I want to work this office, and I will show up and work hard every day. I will be a full-time judge dedicated to our circuit. Last but not least, I am genuinely enthused to serve as our next circuit judge. This a lifelong and career goal for me, and I assure you that no one takes this position more seriously than I do. I am the best candidate for Circuit Judge because I know how to work it, I have the desire to work it, and I am excited to work it.

What are the greatest challenges facing Kentucky’s judicial system and what unique strengths would you bring to the Court to resolve them?

- The greatest challenges facing our judicial system are the influx of controlled substances into our communities and a lack of accountability among some of our citizens. The vast majority of felony criminal cases we prosecute each year in Johnson, Lawrence, and Martin Counties involve the possession or distribution of controlled substances such as methamphetamine, heroin, and fentanyl. We have excellent programs available in our circuit to address substance abuse, chief among them is our drug court program which I have worked closely with for years now. However, these programs should be viewed as an opportunity instead of an expectation. I’m all for second chances but not 3rd, 4th, and 5th chances for the same conduct. At some point, we have to draw the line and hold the line. As circuit judge I will set expectations and promote responsibility and accountability on the bench.

What do you believe is the purpose of incarceration, both pre-trial and post-trial?

- The primary purpose of incarceration, both pre-trial and post-trial, is public safety. Pre-trial incarceration serves to protect our communities from criminal defendants who pose a threat to the community-at-large. Pre-trial incarceration also ensures that criminal defendants who pose flight risks do not jump bail. The purpose of post-trial sentencing is, of course, to protect our communities from convicted criminals and to deter the commission of crime.

Andrew Mortimer