David Lanphear

Summarize briefly your legal career and education.

I graduated from Bowling Green High School in 1971, WKU in 1975 and Northern Kentucky University, Chase College of Law, in 1978. I have practiced in Bowling Green for 35-plus years – my entire legal career – and the focus of my practice for the past 23-plus years has been family law. During that time, I have handled every type of case that comes before the family court, divorce cases from very simple to very complicated, child custody, child support, timesharing/visitation, domestic violence, paternity, termination of parental rights, adoption and juvenile cases, as well as cases with interstate and international jurisdiction. For the last 14 years, I have served as a Warren Family Court-approved mediator, and have mediated hundreds of family law cases. I have taught at seminars for lawyers, taught paralegal courses at WKU and served on the Warren Family Court Local Rules Committee since its inception.

What do you feel best qualifies you to serve as the next family court judge?

I have helped people with their family law problems and crises for 35 years, and handled every type of case that comes before the court. My legal career has prepared me for this judicial position. I have raised my children to adulthood, and with the good Lord’s help, have brought them through the joys and tragedies that life can bring. I am blessed with seven grandchildren, one of whom has Down syndrome, and I know from experience what is precious. I have learned that every lesson in life does not come from a classroom or the sidelines. Wisdom comes with age and life’s experience, and I will take that to the bench as the next family court judge.

What do you feel should be the top priority of a family court judge?

The Family Court judge has numerous top priorities: To make decisions that promote the best interests of children; to protect the innocent and those who cannot protect themselves; to maintain and strengthen families; to connect wounded families with community resources that will help them heal; to listen to each party before the court; to apply the law fairly; to be patient, polite and impartial; to issue decisions promptly; to streamline the litigation process where it needs it; to move cases through the system as quickly as reasonably possible; to ensure compliance with the orders of the court; to help parents by making right decisions easy and wrong decisions hard; to hold the irresponsible accountable.

As an attorney who has practiced in Warren County Family Court, what aspects of court do you think could be improved to better serve everyone?  

The complaint I hear the most and one that should be addressed is the time that it takes to complete the process. Several factors affect how quickly cases may be resolved: the volume of cases on the court’s docket; the ability or willingness of parties to amicably resolve their differences; and whether the case is complicated by complex factual or legal issues that require additional litigation time and discovery. I wish to explore alternative ways to schedule hearings and stagger dockets to reduce the time litigants and attorneys spend waiting. That will reduce the time people spend off of work waiting for court, and reduce attorney fees, as well. Additionally, periodic status conferences to monitor and schedule progress in contested cases will help shorten the overall length of time it takes from start to finish.

Family courts statewide have seen an increase in people who are representing themselves in cases. How much of a concern is this in Warren County and what would you do to address this issue?

Some issues people face are simple enough for the parties to represent themselves, and several self-help legal forms are available in the Warren Circuit Clerk’s Office. Others issues, however, are not so simple. When parties are dealing with issues so complicated that they need a lawyer, the judge must advise them, recommend that they consult an attorney and inform them that the issues at stake may have significant consequences. Otherwise, the judge cannot dispense legal advice.

As family court judge, what sort of initiatives would you seek to implement to ensure compliance with child-support payments?

Family Court currently implements the Turn It Around program to help educate non-custodial parents about their children’s needs to encourage compliance with court-ordered child support. This program has been effective and should continue. I would monitor the parents who are chronically behind in child support to determine whether they have legitimate employment problems or are simply refusing to comply with court orders.  

How would you as a judge best serve the interests of juvenile offenders who come through the system?

By connecting them to the resources that will help address the underlying causes of their misbehavior. I would like to collect a team of multiple disciplines to collaborate on the cases involving the most difficult, chronic cases.

What do you feel is the most important issue affecting juveniles in the family court system and how would you address it?

To me, the most important issue is the length of time the cases linger on the docket, especially when children have been removed from their homes. Much of the time, children caught in this system are best served when their parents obtain the training and/or direction that they need to appropriately parent their children so the family may be promptly reunited. A number of factors affect the delays, including the reduced size of social services staffs, heavy caseloads and social worker burnout, none of which the family court judge can control directly. However, the family court judge can impose statutory deadlines on the process and insist on parental cooperation to comply with goals to promote what is best for the children.

What sort of initiatives would you promote to reduce instances of truancy?

Before starting a program, I would address each case individually. Why is the child missing school? Is the child the problem, the parent the problem or the school? If a pattern emerges, then direct them to the proper resources or impose appropriate sanctions.

<Bz14f”sans-serif”>Family court judges preside over a host of complex, emotionally charged cases, with an ever-expanding docket. How do you see the role of family court evolving as the caseload continues to expand beyond conventional divorce cases?

<z14f”sans-serif”>Family court is a court of law, not a social service organization. It performs a judicial function. Because of its role as a court presiding over family-related issues, the family court judge can best help families in certain circumstances by connecting them to the special resources that they need. The organizations and agencies that provide resources may continue to expand their roles as needs do, but I anticipate that the court will remain the same absent a constitutional or legislative directive.