BishopAccountability.org
	New Judge to Oversee Diocese Lawsuit The Cincinnati Post [Kentucky] September 25, 2006 http://news.kypost.com/apps/pbcs.dll/article?AID=/20060925/NEWS02/609250381/1014 A 53-year-old Pendleton County judge has been appointed to oversee the multimillion-dollar settlement of a class-action lawsuit alleging 50 years of sexual abuse in the Covington Diocese. Circuit Judge Robert W. McGinnis steps in as the third judge on the case - the nation's first class-action involving priests' sexual misconduct. He replaces Senior Judge John Potter, who announced Sept. 13 that he had completed all the hours allowed on the case under the state's senior judge program. That program allows Potter to collect a pension equal to his salary when he retired as a judge if he serves an average of 120 days annually for up to five years. Potter was appointed to oversee the case in December 2003, after Boone Circuit Judge Jay Bamberger retired. Chief Justice Joseph Lambert appointed McGinnis late last week. McGinnis takes over the case in its final days, as decisions are made concerning the distribution of $85 million to hundreds of plaintiffs, as well as the payment of millions of dollars in attorneys fees. He will begin by presiding over a hearing in Boone Circuit Court on Oct. 4. As presiding judge of Kentucky's 18th Circuit, McGinnis is the only circuit judge for Harrison, Nicholas, Pendleton, and Robertson counties. McGinnis has been appointed to oversee other high-profile cases locally. He approved a settlement between the now-defunct Peoples Bank of Northern Kentucky and its shareholders, after the Erpenbeck homebuilding scandal. And recently he was appointed to oversee the legal battle over whether to allow a drug and alcohol addiction recovery center in Erlanger. The class-action suit against the diocese was filed in Boone County three years ago when attorneys Robert Steinberg and Stan Chesley joined several others, who alleged a 50-year cover-up of sexual abuse by priests and other employees of the diocese. Last year, the diocese agreed to put up $40 million to settle the case, with insurance companies kicking in another $45 million. Potter approved that settlement in February. But since then, a number of his actions have angered attorneys on both sides. At a recent hearing, attorneys even hinted they might seek to replace Potter, claiming he had conversations with other parties about the case that might be affecting his judgment. The original judge on the case proved even more controversial. In fact, when Bamberger retired from the bench, diocese attorneys were seeking his recusal, saying he was too close to Mark Modlin, an adviser to Chesley.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.