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Court of Justice begins filling vacant judgeship tied to GOP control of Senate

September 09, 2009 | | Comments 7
Senate Floor Leader Dan Kelly, R-Springfield

Senate Floor Leader Dan Kelly, R-Springfield

FRANKFORT – The state courts system started the process Wednesday to fill a vacant judgeship that has been linked to Democratic efforts to retake control of the state Senate.

The Court of Justice filed on its Web site Wednesday a notice about filling the vacancy created by last January’s resignation of Doughlas M. George as circuit judge in the 11th Judicial Circuit, which covers Green, Marion, Taylor and Washington counties. George resigned to join the senior judges program and is currently serving as a senior judge.

The notice said any person who wants to be nominated or to recommend someone for the vacancy should notify the Judicial Nominating Commission by Sept. 22. Any attorney in the circuit interested in being considered for the vacancy must return a questionnaire to the state courts by Oct. 6.

The nominating commission, tentatively scheduled to meet Oct. 23, must present three names to Gov. Steve Beshear, who will appoint George’s replacement.

The seven members on the nominating commission are: Chief Justice John D. Minton Jr., Kentucky Bar Association members James L. Avritt and Robert Spragens Jr., and four non-attorney members appointed by the governor – David R. Carney, Vernon E. Bagby, Blanche C. Minor and Sheila W. Newcomb. The four citizens equally represent the two major political parties and live in the judicial circuit they represent.

Senate President David Williams, R-Burkesville, recently said he expects the Democratic governor to appoint Senate Majority Leader Dan Kelly, R-Springfield, to the judgeship.

Williams charged that Beshear is “poisoning” the political atmosphere in the Capitol by removing Republicans from the Senate.

Last month, Democrat Robin Webb of Grayson won in a special election a state Senate seat that had been held by Republican Charlie Borders. The northeastern Kentucky seat in the 18th Senate District became open when Borders accepted a Beshear appointment in July to the state Public Service Commission.

With Webb’s victory, the Republican majority in the Senate decreased from 20-17, with one independent who caucuses with the GOP.

In July, Beshear said Kelly had told him several months ago that he was interested in the appointment.

Kelly, who has represented the 14th state Senate District that includes Marion, Mercer, Nelson, Taylor and Washington counties since 1991, has declined to comment to reporters about the judicial vacancy.

Beshear spokesman Jay Blanton has noted that the nominating commission that must send names to the governor has not yet met.

If Beshear did appoint Kelly, the governor could call a special election for Kelly’s vacant state Senate seat after 35 days. Party leaders in the district would select their nominees.

Several names have been mentioned as possible candidates in a special election if Kelly vacates his state Senate seat.

The Democrats are former state Rep. Jodie Haydon of Bardstown; Nicky Rapier, son of the late state Rep. Kenny Rapier of Bardstown; and Marion County Attorney Joe Mattingly. Rep. Jimmy Higdon of Lebanon has been mentioned as a Republican candidate.

–Jack Brammer

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Filed Under: Dan KellyDavid WilliamsDemocratic PartyElectionsKY CourtsKY General AssemblyState GovernmentSteve Beshear

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  1. john greathouse says:

    I would ask David Williams if “he doesn’t think Dan Kelly deserves this appointment or ..more importantly if Mr Kelly’s position is so important to the Republicans why he doesn’t stay in the Senate” then why is the Gevenor responsible?

  2. Electric Bill says:

    Odd that someone who has single handedly ruined whatever decent relations once existed between the House and Senate and thoroughly steamrolled any opposition in the Senate should think anyone else poisoned the atmosphere. Williams beat everybody else to the punch.

  3. KentuckyJoe says:

    Interesting that all of these appointments are suddenly being made now, when the opportunity to file to run for these open seats is in November. Watch the # of appointments being made, and it will be clear how many are Democrats vs. Repubs being appointed only where it will open up a senate or house position. In this year of budget crises, the Gov pledged not to fill all these vacancies b/c we have more senior status judges crawling the courthouses than we have room for, plus it saves MILLIONS not to appoint b/c of salaries of judges plus support staff being saved by Senior status judges filling in without staff. But here we are, filling positions beginning 10/1 that can be filled by election instead. Shows you just how committed the gov is to being fiscally responsible, huh?

  4. Loretta Lynn says:

    Kentucky Joe, good to see more supporters of David Williams who are being told how and when to respond on these news blogs.

    We notice that when David can not be ” reached for comment” the more often you folks try to take up for him.

    Give it a rest. His days are numbered. His own GOP members are about fed up with him after the 09 Session and the special session that followed. His karma is coming home to roost.

    His bullying days will soon be over.

  5. Jerry Collings says:

    Williams, Williams, Williams, poor neglected Williams. He just hates not being the bully on the playground.

    Like McConnell, he always is critical instead of actually leading, fostering discussion or making positive change for Kentucky.

    Kentucky is in the state it is now because of his lack of leadership; majority power for years. We need new ideas because the “old” ways just are not working which is obvious!!

  6. Jim Anderson Stivers says:

    Jerry,

    from prev .. .

    Kentucky is in the state it is now because of his lack of leadership; majority power for years. We need new ideas because the “old” ways just are not working which is obvious!!

    LEADERSHIP starts . . . at the top.

    Where is Beshear, besides working on the new miracle in Kentucky “gambling” . . . seems alot of his time is devoted to maneuvering his next plea for slots.

    Leadership . . .IMO, always starts at the top.

  7. Buck Feshear says:

    If your belief system is important to you, Dan Kelly, don’t do it. We already see that Charlie Borders can be bought. Hope he chokes on that PSC appointment and his fat retirement.

    Kelly, if you want the judgeship, run for it when the seat is up for election and let your successor be chosen in a regular election, not a special election.