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Chambers v. Stengel3/15/2001
y if laws enacted by the General Assembly violate the constitution. However, the judiciary likewise has the responsibility to respect and uphold the rules of law so admirably set out by the framers of our constitution. One of the most fundamental of those rules is the doctrine of the separation of powers among co-equal branches of our government. If we fail in that responsibility, we fail in our obligation to the judiciary and the citizens of this Commonwealth.
We may be rightly offended, as was the General Assembly, in the public's outcry against the particular lawyer solicitation that the statute was drafted to preclude. However, the power to effect discipline to the members of the Kentucky bar lies solely within judicial boundaries. And, as eloquently stated by then Chief Justice John S. Palmore, in Ex Parte Auditor of Public Accounts, Ky., 609 S.W.2d 682, 687 (1980) "Experience teaches that a boundary not guarded will in time be lost."
Stumbo, J., joins this dissenting opinion.
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