The Supreme Court of Kentucky issued a public reprimand regarding Mason County Circuit Court Clerk Kirk Tolle after his arrest and conviction.
The Circuit Court Clerk Conduct Commission is in place to ensure that clerks hold themselves to a high level of “integrity, impartiality, and independence to promote public confidence in the judicial system,” stated the reprimand.
On May 28, 2024, Mason County Sheriff Ryan Swolsky responded to a call regarding an individual who appeared to be under the influence of alcohol.
According to Tolle’s arrest citation, upon arriving at the scene Swolsky determined that Tolle’s pupils were dilated and that Tolle was unable to maintain his balance and “stepped off the line and took an incorrect number of steps.”
He further noted that Tolle insisted he had had one drink that morning and had taken no medications or substances nor did he have any prior injuries or balance issues.
Tolle was arrested and charged with operating a motor vehicle under the influence of alcohol in the second offense (non-aggravated).
After his arrest, Tolle took a voluntary leave of absence. During this time, the Chief Justice appointed a sitting clerk from a neighboring circuit to serve as Special Circuit Clerk stated the reprimand.
The document stated that the Commission requested that Tolle file a written response.
“In his response, Mr. Tolle acknowledged the existence of the uniform citation report and stated that the criminal case against him was still pending,” read the document. “Mr. Tolle also indicated that, after taking a leave of absence, he sought counseling with a licensed counselor and an organization with experience with substance use disorders and attended several lawyer-based Alcoholics Anonymous meetings.”
Tolle also pointed out in his statement that he had served as the Mason County Circuit Clerk for almost 24 years with no prior incident.
According to Supreme Court of Kentucky documents, the Commission submitted its findings and recommendations to the Chief Justice under Section 8(6) of AP Part XVI and found that the following violations against the Code of Conduct for Circuit Court Clerks were made;
“Section 4(1)3: Clerk Tolle violated the section of the Code of Conduct by being under the influence of alcohol while he was working on May 28, 2024, and could not have fulfilled and adequately performed his duties as circuit clerk while under the influence of alcohol,” and “Section 5(1)4: Clerk Kirk Tolle violated this section of the Code of Conduct by being under the influence of alcohol while he was working on Court of Justice property (Mason Circuit Cler’s office) on May 28, 2024. While Clerk Tolle was charged with DUI second and has not been convicted of said charge, his response to the Complaint against him does not dispute that he was intoxicated while at work on May 28, 2024.”
The reprimand documents continued and expressed that the Commission recommended to the Chief Justice that the following disciplinary action should be taken;
“(1) Clerk Tolle should remain on voluntary leave of absence with pay, or if he does not choose to remain on voluntary leave, he should be formally suspended by the Chief Justice until adjudication of his DUI second case (24-T-489)[;]” (2) “Clerk Tolle should be issued a Public Reprimand[;]” “(3) “Clerk Tolle should receive a substance abuse assessment by a licensed substance and alcohol abuse provider and follow any treatment recommendations[;]” and (4) “Clerk Tolle should file a report of his treatment provider evidencing compliance with treatment recommendations every sixty (60) days to the Chief Justice’s office for a period of one year.”
Per the public reprimand, since the Commission’s recommendation, Tolle has pleaded guilty to an amended charge of operating a motor vehicle under the influence of alcohol in the first offense.
According to the reprimand, Tolle was sentenced by the court to “30 days of imprisonment, with 23 days conditionally discharged for two years, and seven days to serve on home incarceration from Jan. 2 through Jan. 8, 2025.”
Additionally, The Commission has the authority to recommend a variety of disciplinary measures that could be imposed by the Chief Justice.
“While circuit clerks are elected officials, they are also ‘personnel within the Court of Justice’ and are ‘subject to the administrative control of the Chief Justice,’” per KRS 30A.010(2).
The Chief Justice ordered the following in the reprimand;
“Mason County Circuit Court Clerk Kirk Tolle is publicly reprimanded for the violations of the Code of Conduct for the Circuit Court Clerks noted above.”
Mr. Tolle shall be formally suspended, with pay, for 60 days, with credit for time served on administrative leave.
Mr. Tolle may return to the Mason Circuit Court Clerk’s Office upon the conclusion of his term of home incarceration as ordered in Commonwealth v. Edward K. Tolle, 24-T-00489 (Mason Dist. Ct. filed May 29, 2024).
Mr. Tolle shall receive a substance use evaluation from a licensed addiction counselor and follow any treatment plan developed by the counselor.
He shall also submit to the Chief Justice a treatment plan progress report from his addiction counselor every 60 days for a period of six months from the date of this order.
Lastly, Mr. Tolle according to the reprimand, “shall not retaliate against any person who, in good faith, made a report or otherwise assisted in an investigation, proceeding, or hearing conducted in connection to the violations of the Code of Conduct for Circuit Court Clerks noted above. Under KRS 30A.010(2) and Ky. Const. § 110(5)(b), the Chief Justice may impose additional disciplinary measures if Mr. Tolle fails to comply with this order.”
This reprimand was issued and signed by Kentucky Chief Justice Laurance B. VanMeter on Jan. 2, 2025.
