The JudgeMental Podcast
JudgeMental Podcast – EP 104: Groundhog Day In this episode, Christine and Trey return from a brief hiatus to dig into appellate decisions — a shift in focus driven by the volume of community submissions asking them to investigate judges with high reversal rates. They explain why looking at published (and unpublished) Court of Appeals and Supreme Court decisions is one of the clearest ways to show, in black and white, what's going wrong in family courts across the country. The Case: CL v. Commonwealth, 653 S.W.3d 599 (Ky. Ct. App. 2022) The hosts break down a published Kentucky Court of Appeals opinion out of Lewis Family Court involving Judge Jeffrey Preston — a circuit judge presiding over multiple counties who has been reversed or vacated 38 times. The case, which Christine and Hugh flag as a "statement opinion," involves a mother who: Reported suspected sexual abuse of her four children (as a mandatory reporter under Kentucky law) Was penalized by the judge for making those very reports, which he characterized as false Had her parenting time reduced to a weekly video phone call for approximately eight months Was effectively "diagnosed" with a substance abuse disorder and mental illness by social workers and the judge — with no testimony from any qualified mental health professional Key Issues Addressed by the Court of Appeals: Improper judicial notice – The judge referenced testimony and evidence from a separate domestic violence case involving the same parties without properly introducing it into the record, denying the parties the ability to examine or challenge it. Credibility determinations – The judge made early findings about the mother's truthfulness and applied them wholesale throughout the case. Inferences stacked on inferences – The Court of Appeals found no factual basis in the record for the judge's findings; instead, they were built on a chain of unsubstantiated inferences. Unqualified mental health findings – Kentucky law requires attestation by a qualified mental health professional before such findings can be made. No such professional testified. Mandatory reporting punished – The mother did exactly what the law required. The Court of Appeals acknowledged she acted as a protective parent. No finding of risk of harm – The level of parenting time restriction imposed required a specific finding of risk of harm, which the record could not support. Bigger Themes: The outsized, largely unchecked discretion of family court judges — and why oversight matters How "one family, one court" can become a vehicle for judicial overreach in small communities Why people don't report domestic violence or abuse (and what this case illustrates about those fears) The phenomenon of judges who are reversed repeatedly on the same issues with no meaningful accountability Why the publication of this opinion may itself be a message from the Court of Appeals The argument for jury trials in family court as a structural check on judicial power Christine and Trey also give a shout-out to the trial attorney in this case — whoever preserved the record so meticulously that the appeal succeeded — and invite that attorney to reach out. Next Episode: A special Judge-y community Q&A, with one standout question getting a full episode devoted to it. Resources & Links: Visit us at judge-y.com Follow us on social: @Judgingthejudges Download the Judge-y app to submit judges for review, ask community questions, and stay connected Case discussed: CL v. Commonwealth, 653 S.W.3d 599 (Ky. Ct. App. 2022) — will be posted on the website and shared on socials LEGAL DISCLAIMER The content of this podcast is for informational and entertainment purposes only. It is not intended to be, and should not be construed as, legal advice. Engaging with this content does not create an attorney-client relationship between you and the hosts, guests, or their firms. The views and opinions expressed on this podcast are solely those of the individuals involved and do not necessarily reflect the official policy or position of any law firm, company, or organization. We make no representations or warranties regarding the accuracy, completeness, or applicability of the information presented. Any reliance on the information in this podcast is at your own risk. Laws are constantly changing, and every situation is unique. You should always seek the advice of a qualified attorney for your specific legal concerns.
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