Kentucky judge denies misconduct allegations stemming from attorney's courtroom video

WHITLEY COUNTY, Ky. (LEX NEWS) — A Kentucky circuit court judge is denying allegations of judicial misconduct stemming from his handling of an attorney who posted a social media video from inside his courtroom.

Daniel L. Ballou, chief circuit judge for Kentucky’s 34th Judicial Circuit, filed his response Monday to three charges brought by the Kentucky Judicial Conduct Commission. Ballou is asking the commission to dismiss the charges, arguing his actions were within his authority to maintain order and decorum in the courtroom.

The 34th Judicial Circuit covers McCreary and Whitley counties.

The case stems from an August 2025 court appearance by attorney Kerri Bartley.

According to the commission's notice of formal proceedings, Bartley recorded a video before court was in session in the McCreary Circuit Courtroom and posted it on social media. The caption referenced being "trapped in a musty courtroom" surrounded by pictures of "old [white] male judges" and said the current judge was going to disagree with everything she said.

The commission said the video did not identify Ballou by name or directly identify any particular judge or attorney. Ballou said in his response that it was clear the video was recorded in his courtroom and referenced portraits of former circuit judges as well as himself.

Ballou said court staff and attorneys told him about the video after court. He subsequently ordered Bartley to appear at a Sept. 22, 2025 motion hour.

The Judicial Conduct Commission filed formal proceedings against Ballou on Oct. 23, 2026.

In its first count, the commission alleges Ballou improperly filed an order requiring Bartley to appear in the criminal case of one of her clients, even though the social media video was unrelated to that client or case. The commission also said the order did not explain why Bartley was being summoned.

The second count focuses on Ballou's exchange with Bartley when she appeared in court. According to the commission, Bartley apologized and described her conduct as "thoughtless." The commission alleges Ballou interrupted her, asked where she attended law school and told her she "might want to look into a refund" if she did not learn better than to make videos in a courtroom.

The third count involves an administrative order restricting Bartley from possessing electronic devices, including cell phones and computers, at the McCreary County Courthouse and Whitley County Judicial Center. The commission alleges Ballou drafted and signed the order before Bartley's court appearance, contending he had decided on disciplinary measures before giving her an opportunity to respond.

The commission alleges Ballou's actions violated several provisions of Kentucky's Code of Judicial Conduct, including rules requiring judges to act impartially and to be patient, dignified and courteous.

In his Nov. 9 response, Ballou denies the misconduct allegations and raises 18 defenses.

Among them, Ballou argues the charges were not filed within the required time period and that the commission does not have jurisdiction over the conduct at issue. He maintains that his decisions were made in good faith as part of his authority and responsibility to maintain order and decorum in the courtroom.

Ballou also denies that he predetermined the outcome before Bartley's appearance. His response says he does not remember exactly when the administrative order was prepared but maintains it was not entered or served until the conclusion of the hearing.

His filing also challenges aspects of the commission's process on constitutional and due process grounds and alleges the case amounts to selective prosecution improperly motivated by political and free speech affiliations.

Ballou is asking for the charges to be dismissed. If a sanction is imposed, he argues it should be no more than an admonition. He is also asking for access to the commission's full file, discovery and subpoena authority, and a hearing before what he describes as a neutral hearing officer.

The allegations against Ballou are pending and do not constitute a finding that he committed judicial misconduct.

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