Senate President Robert Stivers responded Wednesday to a Kentucky Supreme Court ruling ordering lawmakers to halt the impeachment of a Lexington judge, but it’s unclear if the Senate will comply with the order or move forward with a trial.
In a press release from the Senate Republican caucus, Stivers said the Senate was aware of the high court’s opinion “and is carefully reviewing its implications.”
The press release also included a schedule for impeachment proceedings in the Senate and a trial in the case against Fayette Circuit Judge Julie Muth Goodman though it says all dates are “subject to change as determined by the Senate or committee.”
The release says: “House lawmakers will be able to present their case against Goodman on April 16, 17 and 20. She and her attorneys may present their side on April 21, 22, and 23. The Senate Impeachment Committee is slated to present its findings to the full Senate on April 24.”
The Kentucky Lantern asked for clarification about if the Senate plans to move forward with impeachment proceedings despite the court order, but a Senate GOP spokesperson did not immediately respond.
The state’s high court ruled 5-1 earlier this week that the impeachment of Goodman “encroaches upon the inherent powers of the Judicial Branch” and violates the separation of powers among branches of government. In the majority opinion, Chief Justice Debra Lambert wrote that Kentucky judges “must remain free to exercise the constitutional authority” given to them by voters “without fear that a legally incorrect ruling or even an appellate finding of abuse of discretion will result in the extreme sanction of impeachment.”
The Court said the matter should have been instead referred to the Judicial Conduct Commission, instead of the House. It also said the JCC is reviewing the matter “to consider whether Judge Goodman’s conduct warrants action.”
Stivers in the release said he was “encouraged that the judicial branch, per the opinion, is now taking a more active role” in reviewing concerns about Goodman’s conduct on the bench.
“Over time, I have heard directly from attorneys who have expressed serious hesitation about filing formal complaints against judges. Many fear professional repercussions or believe doing so could negatively impact their ability to effectively represent their clients. That is a troubling dynamic, and it underscores why transparency and trust in the disciplinary process are so important,” Stivers said.
He added that the “Senate’s focus remains on carrying out its duties as outlined in the Constitution of Kentucky, that each branch of government operates with integrity and that concerns about judicial conduct can be raised and addressed without fear of retaliation.”
Goodman’s attorneys issued a statement Wednesday afternoon, though it did not directly refer to Stivers’ comments. They said Goodman “is grateful that the Kentucky Supreme Court has put a stop to the unlawful and unjust impeachment proceedings brought by the House.” The “appropriate next step” for the Senate would be “to dismiss the articles of impeachment,” they added.
“This ruling ensures the balance of power among the three branches of government enshrined in the Kentucky Constitution remains intact. The Court reaffirmed its authority to regulate and discipline judges for violations of the Judicial Code of Conduct. While the House may impeach a judge, it may only do so on the grounds of a misdemeanor in office,” the attorneys said before adding that a “misdemeanor in office” for a sitting judge “does not encompass complaints about rulings made on the bench or whether they make controversial decisions.”
The Kentucky House forwarded articles of impeachment against Goodman to the Senate earlier this month. The resolution accuses Goodman of committing “misdemeanors in office,” but House lawmakers did not unanimously agree about Goodman’s conduct while debating the petition.
The impeachment petition against Goodman was filed by former Republican state Rep. Killian Timoney, who is seeking reelection to the seat. Some of the cases at the center of Timoney’s petition are still pending in courts.
Fayette County voters elected Goodman to the bench in 2019 to fill an unexpired term and reelected her in 2022 for a full eight-year term.
The proceedings against Goodman have drawn criticism from the legal community. The Kentucky Association of Criminal Defense Lawyers (KACDL) filed a brief in Goodman’s case before the Supreme Court, saying that: “Attorneys must now wonder if judges will be able to rule fairly on suppression motions or take other justified actions favorable to the defense if judges have to look over their shoulder to see if an impeachment is in their future.”
Meanwhile, some family members of victims that have disagreed with Goodman’s sentences have spoken out in support of removing Goodman from the bench. The widower of Tammy Botkin, a woman who died in a 2020 hit-and-run in Lexington gave brief testimony during the House committee’s public hearing on Goodman’s petition. He said that he and other family members were shocked when Goodman dismissed charges in the case and an appeals court later reinstated them.
This story has been updated with additional comments.
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Written by McKenna Horsley. Cross-posted from the Kentucky Lantern.
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