Judge alleges misconduct in Ky. prosecutor’s office, cites reality show, husband’s role
An outgoing Kentucky judge has accused a state prosecutor of misconduct and formally requested that the state Attorney General’s office investigate her for potential ethical and legal violations, according to a letter obtained by the Herald-Leader.
Brian Privett, a circuit court judge in the 14th circuit, which includes Bourbon, Scott and Woodford counties, has accused Sharon Muse-Johnson, the commonwealth’s attorney for the 14th circuit, of potential ethical and legal violations. He sent a formal investigation request to the attorney general last month.
Privett said in his letter there were several unethical actions committed by Muse-Johnson and her husband, Rob Johnson.
Johnson is a part-time assistant commonwealth’s attorney in Muse-Johnson’s office. Johnson is paid “well in excess” of what part-time assistant attorneys are normally paid, Privett said. He “may be the highest paid employee in” Muse-Johnson’s office, Privett alleged.
R. Kenyon Meyer, an attorney representing Muse-Johnson, said Johnson is paid $55,000 per year, which Meyer classified as a “bargain for the citizens” of Kentucky because he has extensive experience and takes on a significant caseload. His pay was approved by the Prosecutors Advisory Council, Meyer said.
Privett also took issue with Johnson running for the 14th circuit judgeship currently held by Privett, alleging that having a judge and prosecutor in the same circuit who were married would be an ethical issue. Privett is not seeking re-election in his position.
“He would be conflicted out of every criminal case in the Circuit because of his marriage to Ms. Muse-Johnson,” Privett wrote.
Johnson previously served as a judge in the circuit for 12 years, according to the Georgetown News-Graphic. He lost a race for the appeals court in 2018 and has been working as an assistant commonwealth’s attorney since 2019.
“In the event Judge Johnson is re-elected to serve as circuit court judge, there are ethical rules that address the fact that his wife is the commonwealth’s attorney,” Meyer told the Herald-Leader. “Ms. Muse-Johnson and Mr. Johnson are well aware of the ethical rules and will strictly comply with all of them.”
A retired state Supreme Court justice said last year that there was no ethical issue with Johnson running for a judge position while Sharon-Muse served as prosecutor, according to the Georgetown News-Graphic.
Privett also alleged that Muse-Johnson “recklessly handles” grand jury presentations and actively campaigns for her husband during grand jury sessions. Johnson is running for judge in the 14th circuit.
Privett also alleged that Muse-Johnson planned to film a reality TV show in which she worked on active cases that were still being investigated and presented to a grand jury or presented in court, according to Privett’s letter to the attorney general’s office.
In his letter, Privett alleged that a pilot episode of the show was filmed in 2021 and it featured law enforcement discussion about pending cases. Muse-Johnson also allegedly discussed other attorneys and spoke negatively of judges during the filming of the episode, “which is most likely in violation of the Kentucky Supreme Court’s Ethics Rules,” Privett wrote.
“My concern of the filming of this tv show is that Ms. Muse-Johnson is using (Prosecutors Advisory Council)-funded employees, office space, equipment, as well as Georgetown Police Department facilities for her own financial benefit,” Privett wrote in his letter. “The pilot was already filmed using these resources, which looks to me to be an obvious act of official misconduct.”
Muse-Johnson’s attorney said there isn’t a reality show and Muse-Johnson refuted Privett’s claims, saying they were “blatantly false or grossly misleading.”
“There is no reality show,” Meyer said. “Ms. Muse-Johnson was interviewed by a production company who wanted her to consider developing some type of concept. She never has received any compensation, and no show was ever developed. There is no factual or legal basis to Judge Privett’s allegation that there is some legal or ethical issue.”
The reality TV show was raised as an issue at a February 2020 Prosecutors Advisory Council meeting, which consisted of dozens of Kentucky prosecutors, staff members and others. Attorney General Daniel Cameron was at the meeting, according to meeting records.
Rob Sanders, a northern Kentucky commonwealth’s attorney, raised issues during the meeting about making outside money. Muse-Johnson said she wouldn’t compensate herself or her staff in the TV deal, but Sanders still had concerns over disclosing information and open records issues, according to meeting records.
The council approved a motion which required Muse-Johnson to keep council staff updated regarding any progress in the recording of her show so that situations could be handled accordingly, according to meeting records.
Privett sent his letter in December and asked that the Attorney General’s office launch an investigation “with some speed.” The Louisville Courier-Journal reported a response to an records request indicated an inquiry may have already been underway.
Privett, who’s not running for re-election in the 14th circuit, has butted heads with Gov. Andy Beshear and ruled against Beshear’s mandates which were intended to reduce COVID-19 transmission in Kentucky communities.