Judge temporarily bars Louisville from interfering with Ethics Commission

A Jefferson County Circuit Court judge ruled Friday that Louisville Metro must stop interfering with the Ethics Commission’s hiring of a lawyer.

Judge Ann Bailey Smith granted the Ethics Commission’s request for a restraining order after the commission alleged the city and the Jefferson County Attorney’s Office were orchestrating an “illegitimate takeover.” The commission voted last month to reappoint local attorney Todd Lewis to advise commissioners on how to handle complaints against public officials.

The County Attorney’s Office opposed the hiring and tried to impose their own attorney on the commission.

In her ruling Friday, Bailey Smith wrote that “the public’s interest in ensuring honest government far outweighs any potential harm to Metro.”

“The Court further finds that Metro’s refusal to comply with the mandate of [local law] through the actions of the County Attorney or any other officer over whom the Ethics Commission exercises oversight, interferes with the Commission’s ability to perform its duty, undermines the public’s confidence that its government is operating honestly,” she wrote.

The temporary restraining order means city officials must recognize the Ethics Commission’s vote on July 17 to reappoint Lewis while the case moves forward.

The order will remain in place until the judge hears arguments on whether to issue a temporary injunction, which would continue to bar city officials from interfering until the case is completely settled.

Ethics Commission Chair Craig Dilger previously argued that it is “problematic” to allow city officials or Jefferson County Attorney Mike O’Connell to decide who the commission’s lawyer is, because those people are subject to investigations by the commission.

“Every Metro officer, technically and probably realistically, would say that the County Attorney’s Office is their lawyer,” Dilger said in an interview last week. “Who do we regulate? Every Metro officer.”

Dilger said it’s important for the commission to choose its own attorney to maintain its independence.

The County Attorney’s Office, meanwhile, argued the Ethics Commission is “an entity within Metro Government,” not a separate agency. They’ve pointed to other ways in which the commission relies on the city, including hiring administrative staff, reserving meeting places and IT services.

Josh Abner, a spokesperson for the County Attorney’s Office, said they “respectfully disagreed” with the judge’s ruling and “will proceed accordingly.”

Lawyers representing the Ethics Commission and the County Attorney’s Office are expected to appear in court again on Sept. 22.

Editor’s note: This story was updated with a comment from the Jefferson County Attorney’s office.