Sexual misconduct case against Lexington city councilor closed

The court filing accusing a Lexington city councilor of sexual misconduct has been sealed and removed from Courtnet, or KyECourts, Kentucky's digital court filing system.

How the file was sealed is unclear. All files related to the case are no longer public. The Herald-Leader tried to obtain the file from the Fayette County District Court's office on Wednesday and a reporter was told it was now confidential.

Lexington-Fayette Urban County Councilwoman Denise Gray was granted a temporary restraining order against fellow councilwoman Brenda Monarrez on August 8. In her request for a temporary restraining order, Gray alleges that Monarrez was sexually aggressive toward her on two separate occasions over a three-year period.

No criminal charges have been filed and the protective order is a civil lawsuit.

At a hearing on August 20, Fayette County Judge Traci Brislin ruled that Monarrez could not attend council meetings in person and must work from home. Monarrez has been attending council meetings virtually since August.

An Oct. 16 hearing, at which both sides will be allowed to testify, should determine whether the protective order should remain in effect. Because the case is sealed, it is unclear whether the Oct. 16 hearing will be open to the public.

Monarrez described the allegations against her as “obviously false” and politically motivated.

Edward Cooley, a lawyer for Monarrez, said he could not comment because the case has since been closed.

A lawyer for Gray did not immediately respond to a request for comment Wednesday.

The Interpersonal Protection Orders Act allows for records to be sealed if the case involves juveniles. There is also a provision that allows the order to be expunged from a person's record under certain circumstances. However, it does not outline a process for sealing Interpersonal Protection Orders.

Michael Abate, a Louisville-based attorney for the Kentucky Press Association, said a hearing should have been held to determine whether it was in the public's interest to keep the court record confidential. (The Herald-Leader is a member of the association, and its editor in chief, Richard Green, sits on the board.)

“This should be subject to the usual sealing rules,” Abate said. “That is, there should be no sealing without prior notice to the public and media, a hearing and concrete findings as to why less restrictive means cannot suffice.”

Because the case is sealed, it is unknown if a hearing has taken place. The Herald-Leader received no notification of a hearing.

Other court cases involving protective orders against elected and high-ranking officials in Kentucky were not kept secret.

A 2021 protective order against William A. Jones, former president of Georgetown College, was filed by a college employee on sexual assault charges and was unsealed. Jones was fired and later sued Georgetown College.

Matt Miniard, a former superintendent of Fayette County's Soil and Water Conservation District, was ordered to stay away from Chris Rowe, a former superintendent of the Soil and Water Conservation District, after Miniard threatened Rowe. That 2023 case, which involved an interpersonal protection order, was also not closed.

Miniard is no longer on the board.

In Lexington, Gray, who was first elected in 2022, faces no opponent in the Nov. 5 general election.

Monarrez, who was first elected in 2022, is running against Emma Curtis in the race to represent the Fourth Council District, which includes neighborhoods between Tates Creek and Nicholasville Road south of New Circle Road.