(LEX 18) — A Franklin Circuit Court judge has ruled that the impeachment articles against Fayette Circuit Judge Julie Muth Goodman are null and void stating the Kentucky House of Representatives failed to charge her with an impeachable offense.
Judge Phillip J. Shepherd issued the order on Tuesday, declaring that the legislature's impeachment power does not extend to a judge's rulings or court administration unless criminal acts are involved.
The order detailed that House Resolution 124, which adopted an impeachment petition filed by former Rep. Killian Timoney, charged Goodman with undefined judicial misconduct based on six cases. Shepherd noted three of those cases are still pending and four involve disputes with the Fayette County Commonwealth's Attorney's Office.
Shepherd ruled that complaints about judicial rulings must be handled by the Judicial Conduct Commission and the Kentucky Supreme Court, not the legislature.
"The legislature has now asserted the power to remove judges and justices from office because it disagrees with their rulings," Shepherd said. "Such unchecked and unreviewable power would destroy the system of checks and balances."
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Additionally, the chief witness against Goodman, Fayette County Commonwealth's Attorney Kimberly Baird, is a former political opponent. Baird testified before the House Special Impeachment Committee that she cooperated with the legislature because she was unsure if the Judicial Conduct Commission would take action, according to the filed order.
While Shepherd declared the articles void, he declined to issue an injunction halting the Senate trial. He noted the Senate is not a party to the lawsuit and has options on how to proceed.
The case is also pending before the Kentucky Supreme Court.
