Former Judge Suspended For Conduct That Led To Removal From Bench

The Kentucky Supreme Court accepted a consent four year suspension of a former judge for misconduct in office

In December 2016, Gentry was appointed by the governor as a circuit judge for the 16th Judicial Circuit, 5th Division, a Family Court division in Kenton County. She held this position from her appointment in 2016 until her removal in 2021. While working as a judge, Gentry knowingly approved false timesheets for Stephen Penrose (with whom Gentry had an ongoing romantic relationship), Meredith Smith, and [her secretary] Ms. Aubrey.  Gentry fired Meredith Smith in order to hire Penrose, her minister, whom she admitted to hiring not based on merit, but rather due to their personal relationship. She eventually also removed attorney Michael Hummel from the Guardian Ad Litem panel, alleging poor performance. Gentry knew that evidence did not show that Hummel performed poorly prior to his removal.

In 2018, Gentry sought election to keep her seat on the Kenton Circuit Court. Leading up to that election, she coerced members of the Guardian Ad Litem panel to donate the maximum amount to her campaign, as well as to participate in her election efforts during working hours. Gentry directed her staff attorney to place and deliver campaign signs. She also required her case management specialist/mediator to write thank-you notes for the campaign and publicly hold a campaign sign on Election Day. Gentry then attempted to conceal the above conduct.

She filed a bar complaint against an attorney who was coopeating in the ensuing judicial inquiry

The investigation nevertheless progressed. At a hearing before the JCC, Gentry lied in sworn testimony about her relationship with Penrose. She claimed that they were not romantically involved. However, Gentry now admits that she had a romantic relationship with Penrose, her subordinate. Gentry also “fail[ed] to be candid and honest with the Commission” about why Smith and Hummel were released from service.

And was removed from the bench.

In the bar investigation

Gentry alleges that her violations were due in large part to alcohol use and the manipulation she experienced at the hands of Penrose, a person whom she asserted she trusted deeply as her minister and friend. Gentry has taken steps to counteract these influences, including attending AA meetings, therapy, and other relevant treatment. Gentry has expressed deep regret for her actions.

The court noted the unique circumstances

The KBA and Gentry have agreed, considering her unique circumstances, to a suspension of four years. Given the distinctive facts of this case, we hold the negotiated sanction of four-years’ suspension is appropriate.

Dissents

HUGHES, J., CONCURRING IN RESULT ONLY: I agree with the four-year suspension but would probate three years.

LAMBERT, J., DISSENTING. Respectfully, I must dissent. While I in no way condone Gentry’s misconduct, I would reject the requested sanction and dismiss the KBA’s charges against her.

Justice Lambert explains

Gentry’s removal from the bench and the subsequent steps she took to correct her behavior have fully served the public-protecting goals of imposing lawyer sanctions. All of the misconduct that the KBA seeks to sanction was either a misuse of Gentry’s power as a judge, or a misguided attempt to keep her position as a judge after the JCC initiated its investigation. Consequently, her removal foreclosed any possibility that the same misconduct could reoccur any time in the near future. Indeed, Gentry has no history of prior discipline with the KBA. And, according to her answer to the KBA’s charge, “[s]ince her removal from office, [she] has practiced law on a regular and steady basis, including appearances in several different courts on a variety of matters, and all without incident or sanction of any kind.” This correction in behavior is no doubt due, at least in part, to Gentry addressing the two detrimental factors that contributed to her misconduct: her relationship with Penrose and her alcohol use disorder.

After her removal from the bench, Gentry ended her relationship with Penrose, a minister from her church, whose influence contributed to her poor judgment. More importantly, Gentry has taken every step that we expect lawyers of this Commonwealth to take to address her alcohol use disorder. Gentry has acknowledged that she is an alcoholic and that she was actively abusing alcohol during the period of time that her misconduct occurred. After her removal, she entered into an alcohol treatment program through KYLAP and began attending AA meetings. Her treatment includes attending weekly therapy sessions, attending at least three AA meetings per week, and submitting to random drug screenings. She also works with a KYLAP monitor to ensure her compliance and an AA sponsor to assist her in working through the twelve-step recovery plan inherent to that program.

In sum and after reviewed prior cases

I simply disagree that Gentry’s misconduct in this case is comparable enough to warrant a four-year suspension. Further, it goes without saying that in all of the foregoing cases the attorneys were being sanctioned in the first instance, not for a second time as with Gentry. For all of the foregoing reasons, I would dismiss the KBA’s charges against Gentry.

Northern Kentucky Tribune reported on the judicial removal hearing

Her five-day hearing garnered media attention from around the world, based on outrageous and often salacious testimony about Gentry’s bad behavior from the bench and in her courthouse offices. Headlines similar to this one from The Sun dominated the coverage: “Gavel banging female ‘frat house’ judge — propositioned secretary for threesome and kept nude pics.” New York Post headline: “Frat house judge kicked off the bench.” “Animal House” antics, reported others.

The NKY public has been patiently waiting for more than a year for the next shoe to drop — a notice from the Kentucky Bar Association that Gentry’s law license has been revoked — or not. Along with several other high-profile and outrageous issues around local attorneys, that has not yet been forthcoming. The wheels of the Kentucky Bar Association’s own fraternity grind slowly — and in secret — from a foolish public whose confidence in the justice system is increasingly eroding.

…Testimony during the hearing itself was filled with courthouse intrigue, examples of campaigning from the bench, real retributions for non-support of the Judge’s election (retributions that did impact the lives of already-broken families and their children — another piece of testimony that deserves closer investigation), political cronyism — and a generous dose of sex.

Gentry hired her lover, now an ex-minister of a Bromley church, who conveniently played the guitar as well. She fired another member of her staff to make room for him, and he was apparently given broad authority over the management of her office. There was plenty of testimony about loud music and raucous partying going on in her office in the Kenton County Courthouse, which disturbed others working nearby.

Give the Judicial Nominating Committee points for judicial demeanor for hearing this testimony about certain photos of private parts being exchanged between Gentry and Penrose. He texted her photos of his penis. She texted him, through a phone accessible to her daughter, photos of her vagina. Her explanation for the intimate photo was that it was a mistake because it was meant for her doctor because she was having problems with hemorrhoids.

Cincinnatti Enquirer also covered the judicial hearing. (Mike Frisch)