LONDON — The ethics panel considering charges against Harlan Circuit Judge Russell D. Alred refused to dismiss the case Tuesday.
Alred requested the dismissal after the attorney for the Judicial Conduct Commission finished presenting witnesses against Alred.
Alred said there was insufficient evidence he had committed ethics violations, and that even if the commission decides he made mistakes, he had acted in good faith.
However, the commission's attorney, Jeff Mando, argued there was ample evidence Alred engaged in a pattern of willful ethics violations.
The commission declined to dismiss the case, chairman Stephen Wolnitzek said.
The commission is the state panel that hears complaints against judges. It is considering 13 ethics charges against Alred, including that he issued improper orders, one of which misrepresented facts, and had improper involvement in cases.
Alred has said that political opponents orchestrated charges against him and that commission witnesses have lied.
The hearing is expected to end Wednesday. The commission will not announce a decision immediately.
Several of the charges against Alred relate to him appointing a special grand jury in April 2010 to investigate an allegation that Harlan County Judge-Executive Joe Grieshop gave pills to a female drug addict in return for sex.
Alred's cousin was trying to unseat Grieshop in the May 2010 primary when Alred appointed the grand jury.
The grand jury order became public, which could have hurt Grieshop politically.
"I thought it was strange to do it right before the election," county Sheriff Marvin Lipfird testified Tuesday.
The commission charged that Alred had a political motive in appointing the jury and also was mad at Grieshop because Grieshop had given a statement saying Alred asked Grieshop to get back some county land leased to another man because Alred wanted to use it for a drug-testing lab.
Alred said his grand-jury order was not motivated by politics or retribution.
A grand jury concluded that the woman was not credible and that Grieshop did nothing wrong.
On Tuesday, Grieshop testified he was mistaken about Alred's conduct and no longer thinks Alred had a political motive for appointing the jury.
Grieshop said he wanted to retract his earlier statement that Alred wanted control of the county-owned land they discussed.
Mando pointed out that Grieshop had stuck by his statement in an interview with the commission investigator in May 2010.
Grieshop said he has since talked with Alred about the issue six times or more.
Other charges are that Alred:
■ Urged police to investigate allegations that James F. Howard had illegal video poker machines at his businesses, then presided over charges against Howard.
Alred said he merely reported to state police that he had gotten complaints about the machines.
■ Barred a woman charged with fraud from being a substitute teacher at an elementary school where Alred's wife worked and one of his children had attended.
■ Improperly raised money for playground equipment at the same school.
For instance, Alred allegedly filed a complaint against Kentucky Utilities over a surcharge, then told a KU attorney he would drop the complaint in return for a $12,500 donation for playground equipment.
Alred said he did not file the KU complaint or solicit the donation in his capacity as a judge.
Alred acknowledged raising money for the school as a private citizen, and said he had no idea that would be a potential violation.
■ Improperly barred a public defender from his court.
Alred said the lawyer had missed court appearances, leaving defendants without proper representation.