- Date Of Birth: September 30, 1949
- Date Of Death: January 7, 2017
- State: Kentucky
Judge Frank Howard McCartney passed away at his home on Saturday, January 7, 2017, with family by his side. He was born on September 30, 1949, in Mt. Sterling, Kentucky. He was the oldest child of Howard and Gladys (Evans) McCartney. He attended Fleming County Schools. He earned his BA with Distinction from the University of Kentucky in 1971, where he was a member of ODK. He then attended the University of Kentucky College of Law, receiving his J.D. with Distinction in 1974. While in law school he was a member of the staff of the Kentucky Law Journal and The Order of the Coif.
After being admitted to the Kentucky Bar, he returned to Flemingsburg, Kentucky, where he began a 38-year career in the private practice of law. He began his local practice initially with Marvin Suit; this association evolved to the partnership of Suit, McCartney, Price, Price and Ruark. He was admitted to the practice of law in Kentucky, the U.S. District Court for the Eastern District of Kentucky, the U.S. 6th Circuit Court of Appeals, and the U.S. Supreme Court.
In the 38 years of his private law practice, he concentrated on the areas of health care law, trial practice, banking law, probate, and areas of general interest. In addition to his private practice, in 1977 he was elected Fleming County Attorney. He served in this capacity until 1990, but continued as an Assistant Fleming County Attorney until January 31, 2013. On February 1, 2013, he was sworn in as District Judge for the 19th Judicial Circuit (Fleming, Mason and Bracken Counties), after being appointed to fill an unexpired term when the Hon. Todd Walton retired. In 2014 he was elected to a full term as District Judge.
Professionally he was a member of the American Bar Association Health Law Section, on the Board of Directors of the Kentucky Bar Association (KBA) Health Law Section, a member of the American Health Lawyers Association, and served as past President of the Kentucky Academy of Health Care Attorneys. He was also a past member of the Elder Law Committee, the Unauthorized Practice of Law Committee, and House of Delegates of the KBA.
During his legal career he was selected for inclusion in Woodward/White’s “The Best Lawyers in America” (Health Care Law) for over 20 years. He was a two-time recipient of the Distinguished Service Award presented by the Kentucky Attorney General. He was selected for inclusion as a Kentucky “Super Lawyer” for 2008-2009. He received the 4th Annual KIDS Award presented by the Kentucky Cabinet for Human Resources, Child Support Division.
Much of his expertise was in the area of health law. He was instrumental in establishing the Health Law Institutes at the UK College of Law. In September 2016, he co-chaired the most recent meeting of this group. He was also Chairman of the Planning Committee for five editions of the Kentucky Health Law Handbook. He spoke frequently on health law topics for various groups.
During his private practice years, Judge McCartney was legal advisor to the Fleming County Industrial Authority and the Fleming County Hospital. He was active in getting the Ambulance District established in Fleming County, when it failed to initially pass because of concerns that an ambulance district was not necessary. He was active in establishing the first recreation and industrial park for Fleming County.
Judge McCartney served his community in many ways, as well. He was on the Advisory Board and the Board of Directors of the Limestone Family YMCA, serving as President from 1997-1999. He served as Chairman of the Buffalo Trace Area Development District from 1979 to 1984, where he was the youngest chairman of a development board in Kentucky at the age of 32. He served as President of the Flemingsburg Jaycees and has been an active member of the Fleming County Lions Club.
Judge McCartney was an active member of the Flemingsburg Christian Church. There he was a youth leader, Sunday School teacher, sang in the choir, and was on the Church Board as a Deacon, then an Elder, and at times served as a church trustee. He was recognized as an Elder Emeritus in October 2016, for over 40 years of service to his church. He audited classes at the Lexington Theological Seminary from 2001-2007. In June 2011, he became a commissioned minister for the Christian Church, Disciples of Christ, in Kentucky.
Judge McCartney loved to travel, snow ski, swim, and play tennis. Trips to the beach with family and friends created many memories and stories that will be shared. But his “favorite place” was spending time at the McCartney cottage at Park Lake. Judge McCartney married his high school sweetheart, Marsha McNeill McCartney. They had 45 years together. He was a dedicated father to their daughters, Rachael (Jason) Benjamin, and Laura McCartney. A great joy to him were his three grandchildren, Louisa Evelyn, Elliot David, and Silas Frank Benjamin.
In addition, he is survived by his sister and brothers, Sidney Jane (Jack) Day, Eldon (Michelle) McCartney, and Dent (Ginny) McCartney, his mother-in-law, Anna Lou McNeill, and many nieces and nephews. At his request, he was cremated.
