The Associated Press

LOUISVILLE - Gov. Ernie Fletcher has appointed as his Corrections Department general counsel an attorney who would not even qualify to be his own deputy under state merit rules.

Jeff Middendorf, 32, started his $68,225-a-year job Thursday. He was admitted to the bar in October 2000 and has since worked as a juvenile prosecutor in the Kenton County Attorney's Office.

Middendorf said in an interview with the Courier-Journal that he has never tried a civil case, appeared in federal court or litigated a civil-rights case - the lawsuits that prisoners typically file against the department.

Middendorf replaces Steve Durham, a Democrat who was fired after serving eight years and had practiced law for 13 years before his appointment in 1996 by Gov. Paul Patton.

State Rep. Rob Wilkey, D-Franklin, vice chairman of the House Judiciary Committee, which oversees the Corrections Department, said he was astounded by the appointment.

"To place somebody with four years' experience as general counsel of a department whose job is to make sure people of the commonwealth are safe borders on being irresponsible," he said. "It just smacks of political cronyism."

Joe Whittle, the director of legal services for the Justice and Public Safety Cabinet, defended the appointment, calling Middendorf a "bright young man who comes highly recommended.

"Some attorneys practice two to three years and are top-notch, while others practice 40 years and are not top-notch."

Fletcher's general counsel, John Roach, who signed off on the hire, said he interviewed Middendorf and "thought he would be an outstanding lawyer in our administration."

Middendorf joined the Kenton County Attorney's Office four years ago after graduating from the University of Kentucky law school, and the next year became chief juvenile prosecutor. He said he is confident he can do the job. He said he's tried a "boatload" of criminal cases, all but one in District Court, and has handled some local Fiscal Court and jail-related matters.

"I have been practicing all types of criminal law and civil law since I was admitted to the bar, and I feel I can handle any issue that comes before me," he said. "I'm not concerned about credentials and I don't think the new administration is either. They want results."

The general counsel of the Corrections Department supervises a staff of attorneys that has ranged in number from a high of 12 to six now.

Roach defended Middendorf's appointment at a Friday news conference. He said the newspaper's report failed to point out the collective expertise of the staff assembled under Lt. Gov. Steve Pence, a former U.S. attorney.

It includes Tom Self, a former assistant U.S. attorney, and former assistant Attorneys General Luke Morgan and Elizabeth Heilman.

"The Justice Cabinet has assembled one of the finest groups of lawyers that we've brought in, I would say, of any state government anywhere," Roach said.

He also noted the cabinet has eliminated nine contracts for outside legal help that should save the state between $500,000 and $1 million.

Durham said the attorneys for the Corrections Department defend about 600 open cases at a time, including, on average, a lawsuit a day filed against the agency. Many involve federal constitutional issues, including the Eighth Amendment's ban on cruel and unusual punishment. The general counsel also supervises attorneys hired from outside the department and manages discrimination suits filed by and against the department's 4,000 employees.

The chief counsels of the corrections departments in Illinois, Missouri, Ohio and Tennessee had practiced 13, eight, 12 and 10 years, respectively, before they began their tenures, according to spokesmen for those agencies.

Kentucky rules require deputy general counsels to have about 16 more months of legal experience than Middendorf does. The deputy's job is described by the Personnel Department as "managing the work of supervisors, attorneys and non-attorney staff in a major legal function" and "providing legal services of a varied and complex nature."

Supervising staff attorneys, the next management rung down, are required to have four years' experience.

Asked about the fact that Middendorf would not qualify to be his own deputy, Whittle said the Justice Department is filling nonmerit positions "with the brightest people we can find."

Middendorf has been described as a future GOP candidate for the statehouse or Congress. He said he is keeping his political options open. "We'll see what comes," he said. "This is just another step I'm taking. If something presents itself down the road, I'll certainly keep my eyes open."