The late husband of a Logan County native was praised for “exemplifying morality and humility” in a recent editorial in the Lexington Herald-Leader. Judge Edward Johnstone was the husband of Russellville native Katherine ‘Kay’ Guion.
As has been the case in most news stories and editorials following the late June death of Judge Johnstone, his role in improving the condition of Kentucky’s prisons was the early focal point of Jamie Lucke’s opinion piece. The editorial said his “landmark ruling led to the 1980 reform of Kentucky’s barbaric prisons.” He “afforded dignity and respect to the lowliest of criminals because our Constitution guarantees equality and also because he believed that innate goodness resided in everyone.”
The Princeton native won the Silver Star and the Bronze Star for his service in the Battle of the Bulge and helping free prisoners in the Nazi death camp at Dachau.
Not long after he was appointed to a federal judgeship in 1977 by President Jimmy Carter, Judge Johnstone heard a lawsuit brought by state inmates that led to the commonwealth spending $120 million to improve state prisons. He required the creation of rehabilitation opportunities. He also ordered similar improvements at women’s prisons.
He was famous for arriving at correctional facilities unannounced and seeing first-hand the deplorable conditions in which prisoners were forced to live.
Franklin Circuit Judge Phillip Shepherd, who many years ago served as a law clerk for Judge Johnson, spoke at his funeral and called him the state’s "greatest trial judge of the 20th century" who had "an innate understanding of the drama of the courtroom, the art of cross-examination, the credibility of witnesses and the motivations of jurors.
"But his greatest legal legacy — reform of the prison system in Kentucky — was a result of his powerful moral example," said Shepherd. "The governor did not want to have to look Judge Johnstone in the eye and be remembered as the politician who failed to rise to the challenge. ... Judge Johnstone brought out the very best in everyone."
The Lexington newspaper quoted Judge Johnstone’s successor, U.S. District Judge Thomas B. Russell, as saying Judge Johnstone's decisions "set a standard of excellence" that show how the law can "make society a better place for all of our citizens."
Former Russellville journalist Al Smith, whom Shepherd calld “Kentucky’s master journalist,” notes that the memorial service was conducted “before a packed, standing-room-only audience at St. Matthews Episcopal Church in Louisville,” where the Johnstones have lived for about a decade. In early 1980, it was Judge Johnstone who administered the oath of office to Smith when he became federal co-chairman of the Appalachian Regional Commission, also on an appointment by President Carter.
After returning from World War II, Edward Johnstone graduated from the University of Kentucky Law School in 1949. He was circuit judge for the Caldwell County area when he received the unanimous recommendations of senators Wendell Ford and Walter ‘Dee’ Huddleston to fill the bench in the United States District Court for Western Kentucky that had been vacated by Judge James Gordon. He served as chief judge of the court from 1985-90 before assuming senior status in 1993.
Kay Guion Johnstone is the sister of the late Bill and Bob Guion of Russellville. She is survived locally by two sisters-in-law, Joyce and Nancy Guion, a nephew, David Guion of Russellville, and a niece, Carol Guion Switzer of Franklin.