A Franklin Circuit Court ruling on Tuesday struck down a Kentucky House impeachment resolution seeking to remove Fayette Circuit Judge Julie Muth Goodman from office.
The House passed the impeachment resolution two weeks ago, and the Kentucky Senate was set to begin trying the judge on Monday, whom Republicans have accused of willfully ignoring existing laws and precedent in her rulings.
Goodman has argued that the allegations against her don’t rise to the level of a “misdemeanor” required by the Kentucky Constitution. She also argued she couldn’t meaningfully defend herself, as most of her rulings under discussion are still being appealed.
In his summary judgement, Franklin Circuit Judge Phillip Shepherd agreed, writing that the allegations brought against Goodman do not fall under the definition of misdemeanor in office that “has been interpreted and applied in over 234 years of history since the adoption of the first constitution in 1792.”
“The legislature has now asserted the power to remove judges and justices from office because it disagrees with their rulings,” Shepherd wrote. “Such unchecked and unreviewable power would destroy the system of checks and balances.”
Shepherd’s order also stated that the General Assembly’s impeachment power does not extend to a judge’s ruling or court administration “unless such conduct involves criminal acts beyond the scope of lawful judicial duties.” If a judge is to be removed based on their judicial actions, Shepherd wrote that the Kentucky Constitution requires those claims be adjudicated by either the Kentucky Supreme Court or the Judicial Conduct Commission — neither of which have happened, in Goodman’s case.
In his ruling, Shepherd did not stop the Senate from continuing with their proceedings. He said he does “not presume” the Senate would step outside of its constitutional authority or violate the court order.
Shepherd’s ruling noted that the Kentucky Supreme Court is already taking up the Goodman impeachment matters, and the high court’s eventual ruling will ultimately decide whether the resolution is upheld or remains void.
GOP Rep. Jason Nemes of Middletown, who chaired the House impeachment committee, and Republican Senate President Robert Stivers of Manchester did not immediately return a request for comment on Shepherd’s ruling.
