LOUISVILLE , KENTUCKY ETHICS COMMISSION HUMAN RESOURCES DEPARTMENT THIRD FLOOR JEFFERSON COUNTY COURTHOUSE RE: ETHICS COMPLAINT

AGAINST COUNCILWOMAN BARBARA SHANKLIN _______________________________________ MOTION TO RECUSE _______________________________________ Comes Councilwoman, Dr. Barbara Shanklin, by counsel, Aubrey Williams, and moves this honorable body to recuse itself from the above-styled proceedings on the grounds that it is verily believed that the members of the Ethics Commission have prejudged Councilwoman Shanklin and predetermined the outcome of the hearing. In support hereof, the Respondent states as follows: 1. That on Friday, September 14, 2012, Councilman Dan Johnson called the undersigned and informed him that his wifes sisters husband was a friend of a certain Commission member, who had told the friend that the Commissioners were out to get Barbara Shanklin; that is to say that they had made up their minds to rule against her. 2. In support hereof, the undersigned files herewith the attached affidavits of counsel for the Respondent. 3. Throughout the course of the proceedings heretofore, the Chairman of the Commission has displayed an apparent bias against the Respondent, beginning with his refusal to allow her attorney to speak during the public meeting of the Commission after having agreed that he would be allowed to speak on her behalf at the second meeting when the complaint was being considered. Further, the chairman continues to show a seeming disdain for Dr. Shanklin and her attorneys efforts to provide her the representation to which she is entitled, as evidence by his refusal to observe common courtesies and professional protocol. As an example, when the Commission failed to deliver a copy of the formal charges to Dr. Shanklin or her attorney for several days, and counsel was unable to get in touch with counsel for the Commission, he called the chairman hoping to obtain a copy. The chairman refused to take his call and ignored an e-mail to him explaining the urgency of the situation, i.e., that he and his client needed it for their regular Saturday meeting.

It is submitted that the behavior of the chairman is a clear indication that he cannot be fair and objective in the trial of this matter. It is submitted that this situation is analogous to the situation described in KRS 26A.015 (2)(a), which deals with the recusal of a biased judge, to wit: Any justice or judge of the Court of Justice or master commissioner shall disqualify himself/herself in any proceeding where he/she has a personal bias or prejudice concerning a party, . . or has expressed an opinion concerning the merits of the proceedings. Clearly, the Commission members conversation with his friend, if true, shows that the Commission cannot give Councilwoman Shanklin a fair hearing. Accordingly, the Respondent hereby moves this body to recuse itself, or in the alternative, grant her a public hearing on this motion to determine if it can in fact be fair and impartial, and accord her due process.

Respectfully Submitted

______________________________ AUBREY WILLIAMS 455 Fourth Avenue, Suite 549 Louisville, KY 40202 (502)581-1088 Counsel for Respondent

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing motion was served on Hon. Jonathan Ricketts, 4055 Shelbyville Road, Louisville, KY 40207, Chairman of the Commission, and Hon. Deborah Kent, 121 South 7th Street, Suite 100, Louisville, KY 40202, counsel for the Commission, by hand-delivery, Hon. Ann Sheadel, 1454 South Fourth Street, Louisville, KY 40208, Hearing Officer, Hon. James A. Earhart, 517 West Ormsby Avenue, Louisville, KY 40203, Investigating Officer, and Hon. Richard Belies, Chairman of Common Cause of Kentucky, Complainant, 6900 Crossbow Place, Prospect, KY 40059, by U.S. mail, postage prepaid, on this 19th day of September, 2012. ______________________________ AUBREY WILLIAMS