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Mark Hebert
March 2008
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Politics and Kentucky's Supreme Court

5:44 PM Wed, Aug 16, 2006 |
Mark Hebert

I talked to former Kentucky Supreme Court Chief Justice John Palmore the other day about the perceived politicization of the Kentucky Supreme Court. Palmore believes it's more than perception, it's real.

Palmore told me he's seen the Supreme Court grow more political in the past two years, with Chief Justice Joseph Lambert seemingly involving himself in political matters outside the court's perview.

The "footnote from nowhere" in regards to the Fletcher case, the federal investigation of donations to his wife's judicial campaign and the Jim Deckard tie to Governor Fletcher come to mind. Palmore says the court involving itself in politics "is never a good thing" but he says "the pendulum swings back and forth", meaning the November elections could send a signal that the public doesn't want its high court justices dabbling in things outside their constitutional duties.

Palmore says he likes Governor Fletcher's latest two appointments to the bench, Bill McAnulty and John Minton. And Palmore says, just because those men are appointed by Fletcher doesn't mean they're beholden to him and will vote his way on issues affecting the administration. But the appointments give Fletcher three appointees (John Roach, McAnulty and Minton) on the Supreme Court and one political ally (Lambert). Four out of seven, a majority of the court.

It may only last until the November elections, when McAnulty and John Roach will face tough opponents, but Fletcher has a significant influence on the court. It's certainly his constitutional duty to appoint qualified people to the Supreme Court when justices retire. But it's a legitimate issue and campaign fodder for court candidates to be asked "Is the Fletcher and Lambert direction of the court the right direction for Kentucky?"



1 Comments

Hemlock said:

If our own Supreme Court Justices don't uphold themselves to obey the law, then why should the rest of Kentucky?

Having Lambert on the high court, or even head of the high court, is an "injustice" to the state.


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