RESUME: ATTORNEY
W. ROBERT LOTZ
Attorney At Law
120 West Fifth Street
Covington, Kentucky 41011
(859) 491-2206 Fax: (859) 491-2234
EDUCATION
Legal: University of Wisconsin Law School
Madison, Wisconsin 53705
Average 85.71; Standing
– upper 20%
Degree J.D. with honors,
May 18, 1974.
Internship: Wisconsin Appellate Public
Defender
Madison, Wisconsin, 1974
Undergraduate: Dartmouth College
Hanover, New Hampshire 03755
Degree – B.A. in English received
Cum Laude with high distinction in major field, June 1971.
BAR ADMISSIONS
Courts of Wisconsin – June 6, 1974 (no longer active);
Courts of Kentucky – May 6, 1975;
Supreme Court of the United States – April 2, 1979;
United States Courts of Appeal:
Sixth Circuit
– October 18, 1974;
Seventh
Circuit – November 6, 1974.
United States District Courts:
Eastern
District of Kentucky
Western
District of Kentucky
Eastern
District of Wisconsin
Western
District of Wisconsin
PROFESSIONAL EXPERIENCE
Sole practitioner: 1986
– present
Cobb & Oldfield: previous
213 E. 4th Street
Covington, Ky. 41011
Partner: 1979 –
February 14, 1986
Associate: 1975- 1979
AREA OF EXPERIENCE: CRIMINAL
(1) Representation of
professional and other defendants, (1975 – present), has represented numerous
professionals and defendants in both State and Federal Courts and before Grand
Juries with particular emphasis on the following areas:
A) Conspiracy;
B) Obstruction of Justice;
C) Mail and Wire Fraud
D) Perjury;
E) Drug Offenses;
F) Sexual Conduct Offenses;
G) Child Abuse Offenses;
H) Pornography Offenses;
I) Tax Fraud;
J) Bank Fraud;
K) Assault and Domestic Violence;
L) Weapons Offenses;
M) Driving Under the Influence;
N) Offender Registration Violations.
(2) Criminal record
expungement. Continually assists persons previously convicted of crimes in Kentucky in having these convictions voided and/or expunged.
(3) Sexual offender
registration. Continually assists persons in compliance with Kentucky offender
registration laws and in seeking relief from registration requirements.
(4) Representation of
Mentally Ill and Mentally Retarded, (1975 – present), has represented mentally
ill and mentally retarded persons charged with crime.
(5) Lead counsel in twelve
homicide defenses, two of which involved potential death penalty.
(6) DUI: Continual
representation of clients charged with felony and misdemeanor Driving Under the
Influence in Courts of Kenton, Campbell, Boone, Grant, and Pendleton Counties.
(7) Consultant or
legislative representative for 1982, 1984, 1986, 1988, 1992, 1994, 1996, 1998,
2000, 2002, 2004, 2005, 2006 & 2007 Kentucky Legislatures:
(8) Drafter
of Kentucky Home Incarceration Act (KRS 532.200 et
seq) 1986 Legislature;
(9) Appeals and
post-conviction remedies:
Have briefed and argued criminal
appeals at the Federal Appeals Court level and prepared petitions for
certiorari and/or briefs to the United States Supreme Court and Supreme Courts
of Wisconsin, Kentucky, Mississippi, and Court of Appeals of Kentucky.
AREA OF EXPERIENCE: CIVIL
(1) Personal Injury – vehicular accident, Medical-legal
Example: Lead plaintiff’s
counsel, Theresa Hervey vs. United States of America, (E.D. Wis.),
Federal tort claims action for improper treatment of systemic lupus
erythematosis.
(2) Civil Rights
Examples: Plaintiff’s counsel in
1) Northern Kentucky strip search litigation; 2) Litigation challenging standards and procedures in
emergency custody removals by State and County. Defense Counsel for law enforcement officers in multiple 1983 cases in U.S. District Court for the Eastern District of Kentucky, Northern Division.
(3) Psychiatric – Mental Health Law
Example: Past President and
Advocacy Chairman, Northern Kentucky Mental Health Association. Kentucky
Legislature; participated in drafting and revisions of Kentucky Civil Commitment
Laws.
(4) Sexual Misconduct
Plaintiff and defense counsel in
actions concerning civil liability for sexual misconduct by therapists/pastoral
counselors/parents.
(5) Alcoholic Beverage
Licensing; Alcohol Litigation/Adult Entertainment; Representation of numerous
nightclubs and adult entertainment establishments in Kentucky since 1975.
Defense of licenses before the State Alcoholic Beverage Control Board.
Declaratory Judgment actions on regulation of alcohol/adult entertainment
establishments. Representation of Covington adult entertainment establishments
in United States District Court, Ed. Ky. In 729 Inc. dba Rodneys et al vs.
City of Covington. Defense of licensed
establishments in numerous personal injury lawsuits involving premises
liability, nuisance, and dram shop liability.
(6) Professional
Licensing: Representation and defense of professional clients before various
state licensing boards including boards regulating physicians, nurses,
psychologists, attorneys and teachers.
ASSOCIATED ACTIVITIES and POSITIONS:
(1) Legislative director,
Kentucky Association of Criminal Defense Lawyers, 1994, 1996, 1998, 2000, 2002,
2004, 2005 and 2006. Chair Legislative Committee, Kentucky Association of
Criminal Defense Lawyers, 1991 – 1993, 1995 – present; President 1992;
President elect 1991; Vice President 1990, 1994, 1996; Organization Chair 1987-
1990; Founding Director 1987. Director Exofficio: Current
(2) Member appointed by
Brereton Jones, Governor of Kentucky June 1993 Gubernatorial Task Force on the
delivery and Funding of Quality Defender Services 1993, 1994.
(3) Advisor Kentucky Attorney General’s Task Force on Child Sexual Abuse November 1992 through March
1993.
(4) Consultant: National
Institute of Justice and Koba Associates, Inc. Law and Justice Division 1985 –
1991.
(5) Member: Committee
created by Hon. Robert Stephens, Chief Justice, Kentucky Supreme Court, to
draft rules of ethics for the defense and prosecution of criminal cases 1988 –
1990.
(6) Children’s Law Center
Incorporated: Advisory Committee Ethical Representation of Children 1996-
1998.
(7) Panel Member "Tried and True Practice Tips from Past Presidents of KACDL" Kentucky Association of Criminal Defense Lawyers, Oct 28, 2011, Horseshoe Indiana.
(8) Seminar speaker "HB 463 and Potential Appellate Issues" Northern Kentucky Bar Association. June 28, 2011, Covington, Kentucky.
(9) Seminar speaker:
“Defense Strategies for the Year 2006”, Kentucky Association of Criminal
Defense Lawyers. Videotape presentation to multiple sites statewide, June,
2006.
(10) Speaker: “Defense
Strategies and the 2005 Legislative Session”, Kentucky Association of Criminal
Defense Lawyers, Covington, Kentucky, June 10, 2005. Videotape presentation to
multiple sites statewide.
(11) Seminar speaker “2004
Legislative Update” Kentucky Association of Criminal Defense Lawyers, Louisville, Kentucky, May 21, 2004. videotape presentation to multiple sites statewide.
(12) Panel Member “The Ethics
of Media Interaction in the practice of law.” Kentucky Bar
Association update 2002. December 4, 2002 Covington, Kentucky.
(13) Speaker “Defense
Strategies and Ethics for the year 2002.” Kentucky Association of Criminal
Defense Lawyers. April 30,2 002, videotape presentation to multiple sites
statewide May-June, 2002.
(14) Seminar speaker “DUI:
Recent Legislative Changes and Practical Implication” Kentucky Bar
Association, Kentucky Law Update 2000, Ashland, Ky. September 27, 2000.
(15) Seminar Speaker “Plea
Bargaining under the new DUI Bill” “2000 Legislative Changes/DUI Bill”
Kentucky Association of Criminal Defense Lawyers Lexington, Ky. August 18,
2000 videotape presentation to multiple sites statewide September – October
2000.
(16) Seminar Speaker “2000
Legislative Changes: DUI Defense under Kentucky’s New DUI Bill” Kentucky
Association of Criminal Defense Lawyers, Covington, Ky. April 26, 2000, Louisville, Ky. April 28, 2000, videotape presentation to multiple sites statewide May –
June 2000.
(17) Seminar Speaker
“Disability to possess firearms resulting form acts of domestic violence under
18 U.S.C. Section 922(d). Keeping or restoring a client’s right to bear arms
(with Thomas Niecamp) Kentucky Association of Criminal Defense Lawyers 1998
Criminal Defense Conference, Louisville, Ky. November, 1998.
(18) Panelist “The 1998 Kentucky Crime Bill” Kentucky Bar Association Update 98, videotape
presentation to multiple sites statewide September – December 1998.
(19) Speaker “1998
Legislative Changes” Kentucky Association of Criminal Defense Lawyers, Spring
C.L.E., videotape presentation to multiple sites statewide of presentation May
29, 1998 Louisville, Ky.
(20) Speaker “Bills effecting
DUI Defense before the 1998 Legislative Session” Northern Kentucky Bar
Association Seminar on Kentucky DUI Law, May 29, 1998 Covington, Ky.
(21) Speaker “The Handling of
Physical Evidence (Ethics)” (with Charles Schaffner). Kentucky Association of
Criminal Defense Lawyers 11th Annual Criminal Defense Conference,
November 21, 1997, Covington, Ky.
(22) Panel Member: “The Child
Witness; Ethics of Guardian Ad Litem” Salmon P. Chase College of Law,
Children’s Law Clinic, Crestview Hills, Ky. September 5, 1997.
(23) Seminar Speaker – “Kentucky Law Update, Criminal Law” Kentucky Bar Association, Covington, Ky. September 26,
1996, October 8, 1996.
(24) “Panel Member Seminar on
Domestic Violence Legislation, Kentucky Legislative Research Commission, Frankfort, Ky. June 14, 1996.
(25) Seminar Speaker:
“Fighting Extraditions in State Court and the Use of Habeas Corpus Petitions” Kentucky Association of Criminal Defense Law Conference, Ft. Mitchell, Ky. June 23, 1994.
(26) Seminar Speaker:
“Handling Criminal Matters in the Small and Solo Practice/Brain Storming and
Ethical Issues for the Sole Practitioner” 1994 Kentucky Bar Association, Annual
Convention, Frankfort, Ky. June 23, 1994.
(27) Seminar Speaker:
“Legislative Changes, Issues, and Trends” Kentucky Department of Public
Advocacy 22nd Annual Public Defender Training Conference, Florence, Ky. June 20, 1994.
(28) Seminar Speaker: “New Criminal Laws/DUI Case Law/District Court Litigation”, Kentucky Association of Criminal
Defense Lawyers, Louisville, Ky. May 16, 1994, Ft. Mitchell, Ky. May 2, 1994.
(29) Panelist: “Child Sexual
Abuse: Facing Up To Our Future” Kentucky Bar Association Annual Convention, Louisville, Ky. June 16, 1993.
(30) Seminar Speaker:
“Sexual Misconduct By Attorneys, Do We Need Clearer Ethical Rules?” Kentucky Academy of Trial Attorneys, Criminal Law Seminar, Louisville, Ky. June 16, 1993.
(31) Seminar Speaker:
“Defense Counsel’s Ethical Obligation to be a Counselor as well as Advocate,
Role and Technique of legal-personal counselor” Kentucky Association of
Criminal Defense Lawyers, 6th Annual Defense Law Conference
Louisville, Ky. November 20, 1992.
(32) Seminar Speaker: “Whose
Life Is It Anyway? Legal Ethics, Personal Morality and Attorney-Client
disagreements over the important decisions”. National Association of Criminal
Defense Lawyers, Fall Meeting Newport, Rhode Island, November 5, 1992.
(33) Speaker “Incentives to
Attack Drug Crimes/Forfeiture Laws” National Conference of State Legislatures
18th Annual Meeting Committee on Law and Justice, July 26, 1992.
(34) Seminar Speaker:
“Criminal Law: Legislative Update” Salmon P. Chase College of Law. May 22, 1992.
(35) Seminar Speaker: “1992
Legislature. The New Criminal Laws” Kentucky Association of Criminal Defense
Lawyers Spring Seminar. April 27, 1992.
(36) Seminar Speaker:
“Criminal Forfeiture” 5th Annual Defense Law Conference, Kentucky Association of Criminal Defense Lawyers December 6, 1991.
(37) Seminar Speaker:
“Challenging Physical Evidence of Sexual Assault or Abuse” Kentucky Department
of Public Advocacy 19th Annual Public Defenders Conference, June 3,
1991.
(38) Seminar Speaker:
“Ethical Issues in Representation of Parents in Dependency, Neglect, and Abuse
Proceedings”, Legal Representation in Dependency, Neglect, and Abuse
Proceedings Seminar Northern Kentucky Children’s Law Center Inc. and Northern
Kentucky Bar Association, January, 1991.
(39) Seminar Speaker:
“Technique, Things You Learn the Hard Way” Practical Aspects of Criminal Law
Seminar, Salmon P. Chase College of Law. January 19, 1990.
(40) Seminar Speaker:
“Defending Child Sexual Abuse” Kentucky Association of Criminal Defense
Lawyers Annual Seminar Florence, Ky. December 1, 1989.
(41) Panel Member, First
Annual Fall Forensic Conference, “The Mentally Ill Violator: Criminal Justice
and Mental Health System Interaction” Louisville, Ky. September 29, 1989.
(42) Seminar Speaker: “Law
Office Management” Salmon P. Chase College of Law. April 28, 1989.
(43) Seminar Speaker: “The
Intoxication Defense: D.U.I. and Substance Abuse Seminar”. Salmon P. Chase College of Law. December 5, 1987.
(44) Panel member: “Criminal
Sentencing Procedures: are there better alternatives?” Kentucky Bar
Association Annual Convention, Louisville, Kentucky. June 12, 1987.
(45) Speaker: “Insanity
Defense: Problems and Prospects” Salmon P. Chase College of Law. April 23, 1987.
(46) Speaker: “Insanity
Defense: Problems and Prospects” Xavier University, Department of Criminal
Justice, October 6, 1986.
(47) Seminar Speaker: “Civil
Rights – Section 1983, Related Causes of Action” Salmon P. Chase College of Law. September 12, 1986.
(48) Seminar Speaker: “The
Use of Child Witnesses: The Competency of Children/Alternative Methods of
Presenting Their Testimony” Salmon P. Chase College of Law. Seminar of Child
Abuse and Legal System. April 4, 1986.
(49) Speaker: “Child Abuse
in the Criminal Justice System – The psychologist’s role” Cincinnati Society
of Child Clinical Psychologists. November 21, 1985.
(50) Seminar Speaker and
Presenter: “Expert Testimony in Sex Abuse Cases, Forensic and Mental” Kentucky Office for Public Advocacy, Defense of Sex Abuse Training Seminar. September 23,
1985.
(51) Speaker: “What Are We
Learning From the In-House Incarceration Project” Kentucky Jailer’s
Association Third Annual Jail Improvement Conference. July 24, 1985.
(52) Seminar Speaker and
Presenter: “The Defense of Involuntary Commitments” Kentucky Office for
Public Advocacy, District Court Practice Seminar. February 28, 1985.
(53) Special Instructor in
cross-examination techniques 1983 Public Defender Seminar Kentucky Office for
Public Advocacy.
(54) Coordinator: Kenton County, Kentucky Home Incarceration Test Program, January 1985.
(55) Seminar Speaker and
Presenter: “The Insanity Defense, Guilty, But Mentally Ill and Incompetency to
Stand Trial” given separately to Kenton County Public Defenders and Kentucky
County Commonwealth Attorney’s Office, Spring, 1982.
(56) Special Speaker in
individual classes at Northern Kentucky University for Frank Trusty (Criminal
Law) and J. Robert Lilly (Sociology) 1981-1983, present.
(57) Co-founder, Northern
Kentucky Alliance for the Mentally Ill. (Support group for families of the
Chronically Mentally Ill), 1983.
(58) Founder, Prisoner’s Mental Health Coalition, 1980.
PUBLICATIONS:
(1) “1996 General Assembly
Action” The Advocate Vol. 18 No. 4, July 1996.
(2) “A Survey of Criminal
Law Statutes enacted in 1992” Northern Kentucky Law Review Vol. 20
No. 3, 1993 pages 745-764.
(3) “Mental Health
Treatment” Chapter 7.4 Questions and Answers about Children and the Law of
Kentucky a Guide for Parents and Citizens, Kentucky Bar Association
(1991).
(4) “Alternative
Sentencing: A Practitioner’s Guide” Book Review – Lotz, W. Robert Northern
Kentucky Law Review Vol. 16 No. 2, 1989.
(5) “Setting the Record
Straight: Comments on Berry’s Electronic Jail” Lilly, J. Robert; Ball,
Richard A.; Lotz, W. Robert Criminal Justice Quarterly September,
1986.
ASSOCIATIONS and MEMBERSHIPS:
President, Northern Kentucky
Mental Health Association 1984/1985; Advocacy Chair 1981-1983, 1985-1987; Board
of Directors 1981-1987; 1990-2007.
Member of Advisory and Planning
Committee Children’s Law Center, Covington, Ky. 1995-2001.
Advisory Board Member: National
Pastoral Counseling Institute, Ft. Thomas, Ky. 1988-1990.
Director: Mental Health
Association of Kentucky 1984/1985.
Community Chest of Northern Kentucky, Government Relations Committee 1983-1987.
Kentucky Bar Association
Northern Kentucky Bar Association
Chairman – Prisoner’s Mental
Health Coalition 1980/1982.
Dartmouth Lawyer’s Association
Dartmouth Alumni Association
Casque & Guantlet Alumni
Association
AWARDS:
Nelson Mandela Lifetime
Achievement Award, Commonwealth of Kentucky, Department of Public Advocacy
2004.
Presidential Award - Kentucky Association of Criminal Defense Lawyers, 1998.
Frank E. Haddad, Jr. Award – For
outstanding contribution to the practice of Criminal Defense Law in Kentucky – Kentucky Association of Criminal Defense Lawyers, 1994.
Outstanding Citizen Award - Northern Kentucky Branch National Association of Social Workers, 1990.
Agency Volunteer Award – United
Way and Community Chest, 1988.
Presidential Award – Mental Health
Association of Northern Kentucky, 1988.
Presidential Award – Mental Health
Association of Northern Kentucky, 1982.
