Retired circuit, family court judge dies

By TONY FYFFE

BSN Editor

PAINTSVILLE — Retired Judge Stephen Nick Frazier, whose ruling in a local lawsuit led to a landmark Kentucky Supreme Court decision in 1987 declaring the state’s broad form deed unconstitutional, died Thursday at his home in Paintsville.

Frazier, who served as a circuit judge and a family court judge for the 24th Judicial Circuit of Johnson, Lawrence and Martin counties, was 77.

Frazier was a public-school teacher when fellow educator — and later fellow judge — James A. Knight challenged him in the 1960s to go to law school.

“He said, “You go, and if you pass, I’ll go,” Frazier said in 1996.

Frazier enrolled in the University of Louisville School of Law, where he obtained his juris doctor degree in 1969. Knight fulfilled his part of the promise and received his law degree as well, with both later becoming law partners.

From 1969 to 1970, Frazier was an assistant professor of history, political science and business law at Pikeville College. He served as an assistant commonwealth’s attorney in Jefferson County in 1973.

In 1978, Frazier became the first judge in the newly created 24th Judicial District, but later left the position due to its heavy caseload. Not too long afterward, a second judgeship was created in the district because of the number of cases.

Frazier was elected judge in Division I of the 24th Judicial Circuit and began serving in January 1984. As a new judge, he inherited a case that would later change strip-mining practices in Kentucky.

In 1982, a coal company and others filed suit against a Johnson County couple who owned surface rights to property on which the company wanted to mine. The couple countersued, asking that the company be prevented from mining coal by strip, surface or auger methods.

The company held mineral rights to the property, located at Greasy Creek near Boons Camp, through a broad form deed issued in the early 1900s.

Broad form deeds allowed holders of mineral rights to strip mine property without permission from surface owners or without having to pay for damages.

Just eight months into his first term as circuit judge, Frazier ruled in the couple’s favor and prohibited the coal company from entering their property for the purpose of surface, strip or auger mining.

The company appealed, and the state Supreme Court upheld Frazier’s ruling in 1987, declaring broad form deeds unconstitutional.

Frazier said in an interview with The Big Sandy News ahead of his 2005 retirement that his 1984 decision in the case was one of the most significant of his career.

Frazier became the 24th Judicial Circuit’s first family court judge in 2003 and served in the position until his retirement.

Frazier said in 2004 that he “initiated and/or caused to be placed” in the local family court system “several significant changes” to the old system.

The changes included having counselor in each session of domestic violence court to provide services for victims; providing counseling services to perpetrators of domestic violence; having crime victim advocates available in each court session; and providing legal assistance through the Appalachian Research and Defense Fund during reach court session.

Frazier was also chief regional circuit judge of the Mountain Region from 1986 until his retirement.

Frazier, in the 2004 BSN interview, said he had “mixed feelings” about retiring.

“Circuit court judges and generally trial judges of similar jurisdiction as the circuit courts of Kentucky serve about 12 years before retirement,” he said. “I have truly been fortunate that the people of our counties have allowed me to serve longer than is usual for folks in similar positions.”

Frazier is survived by his wife, Hazel Carolyn Murphy Frazier; three sons, Alan Bradley Frazier of Midway, Daniel Layne Frazier of Lawrenceburg and Bryan Foster Frazier of Staffordsville; and six grandchildren.

Funeral services were Monday, June 14, at Tom’s Creek Freewill Baptist Church, with burial in the Johnson County Memorial Cemetery at Satffordsville, under direction of Phelps and Son Funeral Home of Paintsville.