Kentucky officers should stop swearing

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Wes Browne

August 27, 2009

Wes Browne The Richmond Register Thu Aug 27, 2009, 08:04 AM EDT

Did you know none of our local judges have fought a duel with deadly weapons? Were you aware none our attorneys have either? It’s true. We all had to swear an oath that we didn’t. In fact, some of our judges have had to swear to it two or three different times. Why is this necessary? That’s very simple — it’s not.

A state representative from Louisville, Darryl Owens, is trying to put an end to this absurdity. Apparently, in the 1700s and 1800s, this was an important issue. People shot at each other. People still do, but not like they used to. They used to meet for the formal and express purpose of firing guns at one another. Today, our shootings are spontaneous tragedies rather than choreographed contests. But, the oath is the same as it was in 1849. Rep. Owens is looking to change that. He prefiled a bill this week seeking to remove that language from the Kentucky state oath of office.

In the past year and a half, I have witnessed the swearing in of Judge Jean Chenault Logue and Judge William Clouse in Madison Circuit Court, Judge Ira Newman in family court, Judge Charles Hardin in district court and Jud Patterson as assistant county attorney. Each was required to swear they have not fought a duel with deadly weapons within Kentucky or elsewhere, but that’s not all. Each further swore they have not seconded a challenge nor aided or assisted.

It’s a ridiculous oath, and we all know this. Young attorneys chuckle the first time we hear it — then we get used to it — then we get sick of it. I have personally sworn this oath three times. I promised former Supreme Court Justice James Keller I didn’t fight a duel when I was sworn in to the Kentucky Bar. Then I assured Judge Clouse the same thing when he swore me in as Assistant Madison County Attorney. When retired Circuit Judge William Jennings asked the same thing a few weeks later when he swore me in to the Madison County Bar, I dutifully reconfirmed that, no, I have not fought a duel (or seconded).

It’s not just judges and attorneys who are required to take this oath, it is any state officer. And each and every time the oath is spoken, someone snickers. And that’s Rep. Owens’ point. It’s like the television show “My Name Is Earl.” It was funny for a while, but then it got stupid. That’s okay for a sitcom, but not Kentucky’s oath of office.

Wes Browne is an attorney in Richmond. Reach him at 624-4077.

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Kentucky officers should stop swearing

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