Here's what the rumor mill says: Justice Martin Johnstone sided with Governor Fletcher, even writing the majority opinion, in the governor's power struggle over pardons... in return for Fletcher promising to appoint Johnstone's long time friend, Appeals Court Judge William McAnulty to fill Johnstone's term when he retires in June. Pretty juicy political rumor that McAnulty calls "insulting" and Johnstone "categorically denies".

I have to admit, I was stunned when Justice Johnstone voted with the 4-2 majority in Fletcher's favor in that big separation of powers case. Apparently others were too because they started the rumor mill rolling.

So now Johnstone is retiring before his term is up in January 2007. One would assume the two candidates fighting for his job would both apply for the Governor's appointment to fill the remainder of the term. McAnulty tells me he'll apply and "would be honored to be appointed" to the Supreme Court. McAnulty's opponent in the fall, Jefferson Circuit Court Judge Ann Shake said earlier this year that she'd seek the appointment as well. Now she's flip flopping, saying she won't seek the Gov's appointment. Shake told me Governor Fletcher is involved in too much litigation that might reach the Supreme Court and she doesn't "want to go curry favor with a governor" and doesn't "want to be beholden to this governor or give the appearance of being beholden to this governor". McAnulty says, if appointed, he'll recuse himself in cases involving the governor.

But there's a bigger political issue here. Shake has obviously seen the wisdom of separating herself from the unpopular Governor. McAnulty doesn't appear worried about it. But if McAnulty were to get the appointment, he'd be fair game for T-V ads by Shake saying something like....."William McAnulty is in the back pocket of the first Kentucky governor to face criminal charges while in office in more than 75 years. He's Ernie's buddy. Do you want him deciding critical issues on the Kentucky Supreme Court?" Cheap shot? Sure. Normal for a judge's race? No. But with the new open season on political commercials in judges races, it's not out of the realm of possibility. And don't forget, since Shake won't take the political appointment, she can claim she's
"more independent, tough and unwilling to bow to political pressure from beyond the bench". McAnulty could also accuse her of "being unable to make the tough decisions and stick with them. Look at how she flip flopped on whether to seek the job on the state's highest court". Should be fun to watch.