By Bill Estep,
22 hours ago
A Kentucky judge took part in stealing more than $400,000 by putting a dummy employee on the payroll, who in turn paid the judge more than $500,000, a federal grand jury has charged.
Pike County Circuit Judge Howard Keith Hall faces two counts of mail fraud and one count of theft of government funds.
A grand jury in Lexington returned the indictment Thursday.
Hall did not return a call seeking comment Friday morning.
The Kentucky Judicial Conduct Commission issued an order suspending Hall as of noon Friday, citing the federal indictment.
The commission said Hall will continue to be paid, but is not to use his office while under suspension and is supposed to turn in any access passes or keys to the judicial center.
The indictment alleges that in October 2010, when he was the Pike County attorney, Hall appointed a part-time county attorney in his office.
The indictment identified that person only as Attorney A, who had a private law practice in Pike County.
Under state law, that employee was supposed to work an average of at least 100 hours a month. The position qualified for health insurance, retirement benefits and contributions to Social Security and Medicare, the indictment says.
Attorney A did almost no work for Hall’s office and didn’t even come in to the office, but between October 2010 and May 2020, Hall submitted false certifications that the attorney had fulfilled his duties, the indictment charges.
Sending that information to Frankfort is the basis for the mail fraud charges.
County attorneys in Kentucky are elected locally, but are part of a unified prosecutorial system governed and funded through the Prosecutors Advisory Council, a state panel in Frankfort.
Attorney A received $290,140 in gross pay. With the value of other benefits included, the total amount was $440,587, according to the indictment.
That’s the amount that the indictment charges Hall stole.
The indictment also alleges that between October 2011 and October 2020, Hall claimed to work at Attorney A’s private firm and A paid him $505,900.
County attorneys in Kentucky handle traffic and other cases in district court, collect delinquent property taxes, enforce child support collections and represent the county fiscal court, but also are allowed to maintain a private practice.
The indictment doesn’t say whether in fact Hall did any work at Attorney A’s firm.
The Appalachian News Express in Pikeville reported that Hall was county attorney for 24 years before resigning in 2020 to run for circuit judge. He was an assistant county attorney and district judge earlier.
The mail fraud charges in the indictment carry a maximum sentence of 20 years each, while the theft charge is punishable by up to 10 years in prison.
The indictment also includes a forfeiture count under which the government will try to get back the amount of money Hall allegedly stole if he is convicted.
U.S. Magistrate Judge Matthew A. Stinnett issued a summons for Hall to make his initial court appearance May 16 in Lexington.
The Judicial Conduct Commission recently reprimanded Hall over improper comments he made in court and a threat to “make life difficult” for a prosecutor.
