Terry Kilgore Under Investigation Yet Again

By: The Grey Havens
Published On: 6/17/2008 5:20:42 PM

This just in from the House Democratic Caucus.  It looks like Del. Terry Kilgore, brother of failed Republican Gubernatorial candidate Jerry Kilgore, is under ethics investigation, yet again.  It's a tangled web indeed.

(reprinted with permission)


In Case You Missed It
Del. Terry Kilgore under ethical microscope... again

The Bristol Herald Courier reports this week:

"State Delegate Terry Kilgore's membership on a Virginia State Bar committee and loose disciplinary guidelines raise questions about who will determine whether he and a close associate violated the bar's rules.

An investigation into Terry Kilgore and Frank Kilgore is ongoing, the Herald Courier has learned, but bar complaints are confidential and officials would speak only in general terms about the disciplinary process." - "Probe Into Addition On Lawsuit Raises Questions Of Conflict," Bristol Herald Courier, 6/15/08

The complaint, filed against Del. Kilgore and attorney Frank Kilgore (not a relative), was first made in April 2007, and appears to be currently under investigation.

In another story printed the same day, the Herald Courier further explores the cozy relationship between the Kilgores, specifically a 2006 incident in which Frank Kilgore named Terry Kilgore as a client's attorney in order to delay the case through a privilege granted to state legislators. Del. Kilgore "never met with the client, performed any legal work for her, or signed his name to any of the court pleadings."  - "The Kilgores Share a Last Name, But They Trade Favors Like Family," Bristol Herald Courier, 6/15/08

Further:


"While chairman of the House's Judicial Selection Subcommittee - a role in which he brokered consensus on judicial candidates with Senate members - Terry Kilgore supported the appointment of Frank's wife, Teresa M. Chafin, as a juvenile and domestic relations court judge in 2002, and her elevation to circuit court three years later.

Frank gave Terry $11,000 during his 2005 re-election campaign, according to the nonprofit Virginia Public Access Project. Over the last decade, he has given more than $25,000 to Terry and his twin brother Jerry - the former state attorney general and unsuccessful Republican nominee for governor in 2005." [Bristol Herald Courier, 6/15/08]

This is hardly the first time Del. Kilgore has been accused of playing fast and loose with ethical guidelines. Earlier this year, the Herald Courier recalled a 1999 incident in which Kilgore elevated his former law partner, D. Gregory Baker, to a judgeship - ousting Judge Melanie Jorgensen in the process. Baker's father, the mayor of Clintwood, donated thousands of dollars to both Terry and his twin brother, Jerry Kilgore, before and after the appointment.

"Because of politics, I wasn't kept on the bench," Jorgensen said. "No one had more experience than I did." "Virginia judge-selection process linked to politics," Bristol Herald Courier, 3/30/08

Baker later resigned from the seat when it was revealed he had concealed a solicitation conviction before his appointment.

The Herald Courier also reported on several other judges with tight Kilgore ties "Political ties often key for attaining position on the bench," Bristol Herald Courier, 3/30/08:



###

Of course, it is of particular interest to those of us in the Virginia progressive blogsphere that the "Commonwealth Conservative" himself, Chad Dotson, is mentioned.  We always knew he was deeply connected in politics.  That goes without saying.  Before he joined the bench, Chad Dotson was always a worthy adversary online, it is inconceiveable that there could have been any wrongdoing involved in his appointment.  Smoke but no fire, I say.


Comments



Not Even Smoke (Waldo Jaquith - 6/17/2008 6:41:30 PM)
Not even smoke, I'd say. $550 in contributions to the Kilgores, on the part of Chad Dotson, would constitute an awfully inexpensive judgeship. :) Plus, Chad was the commonwealth's attorney for Wise prior to being appointed, so he wasn't just some random donor but, instead, a clearly well-qualified candidate. I don't know what threshold for eyebrow-raising is -- the point at which a donation becomes large enough and qualifications become minimal enough -- but this seems to fall far below that point.


I completely agree (The Grey Havens - 6/17/2008 8:29:42 PM)
I still just think it's pretty cool that a blogger became a judge.


Neither Attorney Caused the Woman's Statute of Limitations Problem (Pru - 6/17/2008 11:09:24 PM)
The Kilgores (Terry and Frank) and been involved in quite a number of humanitarian and  philanthropic ventures for Southwest Virginia, and if you look at the details of this case it appears they were just trying to help this poor woman, whose previous attorney had missed the statute of limitations.  The woman had a "slam dunk" case against this previous attorney's malpractice carrier, and these two men were just trying to keep the original case alive to avoid humiliating her former attorney.  Seems Frank and Terry are victims of the old maxim that "NO GOOD DEED GOES UNPUNISHED".  We may not like Terry's political positions on lots of issues, but this woman wasn't damaged in the least by their attempt to keep the original cause of action alive in order to avoid having to sue the previous attorney for malpractice.  Here are the details in another BHC article:

http://www.tricities.com/tri/n...



Here's the timeline (Pru - 6/17/2008 11:18:43 PM)
As Reported in the Bristol Herald Courier:

TIMELINE

July 1, 2004
Sherri Boardwine is injured in a four-vehicle wreck in Washington County, Va.

April 2006
Boardwine retains attorney David Scyphers to file a personal injury lawsuit against a driver who crashed into her vehicle.

July 1, 2006
The statute of limitations expires for filing a lawsuit. Scyphers tells Boardwine to find another attorney to file a claim against his insurance because he missed the filing deadline.

Aug. 16, 2006
Boardwine meets with an Abingdon attorney who declines to sue Scyphers, but refers her to Frank Kilgore.

August 2006
Frank Kilgore asks Delegate Terry Kilgore to be his co-counsel on the case in an effort to resurrect the expired statute of limitations through a legislative privilege.

Aug. 22, 2006
Boardwine's lawsuit is filed in the Circuit Court of Washington County, Va., and lists Terry Kilgore as her attorney and asserts the legislative privilege.

December 2006
Stephanie Cook, the defendant's attorney, files a motion inquiring about when Boardwine retained Frank Kilgore and Terry Kilgore.

Jan. 29, 2007
Frank Kilgore informs Boardwine that she will need to find another attorney to sue Scyphers and asks her to release he and Terry Kilgore as her attorneys.

March 13, 2007
Cook files a motion challenging the statute of limitations in the case, and moves for lawsuit to be dismissed.

March 27, 2007
Frank and Terry withdraw from the case and the lawsuit is dismissed.

April 2007
Boardwine's new attorney, Anthony Collins, files a bar complaint against Frank Kilgore and Terry Kilgore.

Feb. 15, 2008
Collins files a lawsuit against Scyphers. The action remains pending



How wonderful that someone was so concerned (connie - 6/18/2008 8:05:11 AM)
...to have leaked this in violation of the law.  And what does the concern boil down to?  Which insurance company was going to pay..???  Hmmmmmmmm.  That must be the motive!! When the Abingdon lawyer missed the statute of limitations, Mr. Kilgore had the same case to prove no matter who got sued.  (The underlying case being whether the woman was injured by someone's negligence).   He chose to try to keep the other driver's auto insurance on the hook, rather than suing the lawyer for malpractice, putting THE LAWYER's  insurer on the hook.  There was NO greed involved in trying to find a way to make the woman's case without having to also prove legal malpractice.  

Frank was just being a nice guy, and EVERYONE in Southwest Virginia knows he is a nice guy, an advocate for the common man, and a conservationist, environmentalist and someone who has given every day of his professional life to finding ways to make far SW Virgina grow and flourish.  (Consider the picture of him published with the story, awarding the first degree at the University of Appalacian School of Pharmacy, which he was instrumental in founding.  The vast majority of this year's graduates will be working in underserved areas of Appalachia).

Everyone in SW Virginia also knows that even though Frank has worked with the (other) Kilgores and many other people to further his goals to help SW Virginia, Frank is a political independent...who has supported Rick Boucher for many, many years.

I just cannot imagine why someone would go to all the trouble to break the law to tell a newspaper about all this.  They must REALLY care a lot about protecting auto insurance companies!!!  (NOT)....



No one in SW Virginia I know has ever heard of any Jack McCoy (connie - 6/18/2008 6:10:08 PM)
Mr. "McCoy"...I have been on this list a whole lot longer than you have (you just joined today), and I would venture to say I know a LOT more people from SW Virginia than you do.  I am on this list to discuss poltics, and have been on it a while.  So I didn't just join this list to weigh in on this ridiculous dialogue.  But I can assure you Mr. "McCoy", Frank Kilgore's reputation in St. Paul and its environs is above reproach.   Talk to Ann Gregory, Editor of the Clinch Valley Times if you'd like to know about him.  I am venturing to guess you might be in the news business, and if you are in any way affiliated with the Bristol Herald Courier, I would notify your circulation department that a whole lot of subscription cancellations are going to be coming your way.  This is SHAMEFUL.  Absolutely SHAMEFUL.