Judicial watchdog questions Beshear’s embrace of KY Supreme Court candidate


Partisanship in an election for Kentucky’s highest court has become a hot topic once again.

Democratic Gov. Andy Beshear has fully embraced the effort of Lexington Court of Appeals Justice Pamela Goodwine to get elected to the Central Kentucky-based 5th Kentucky Supreme Court District seat, a nonpartisan office.

The governor’s political action committee endorsed her. At a recent Democratic event, Beshear cheered that Kentuckians would “elect the first Black woman as a Supreme Court justice in our history.” And, he is the “special guest” at an upcoming fundraiser in Frankfort for Goodwine, according to a flier for the event.

That relationship raised questions for the Kentucky Judicial Campaign Conduct Committee — a nonprofit, nonpartisan group “organized to safeguard the integrity of the judiciary in Kentucky judicial elections.”

In a letter to Goodwine, the group wrote that they were “concerned” about Beshear’s endorsement of her.

“He is Kentucky’s highest-ranking official who is elected on a partisan basis, and is widely known as a Democrat, so we believe that if you were to refer to his endorsement in your campaign, that would violate the spirit of Section 117 of the Kentucky Constitution, which makes judicial elections nonpartisan,” the group wrote.

They added that nonpartisanship in judicial elections is important so as to avoid conflicts of interest.

“The Executive Branch often appears before the Kentucky Supreme Court. This could present an appearance of conflict, if not actual conflict, for any justice who was supported by the sitting governor,” they wrote. “While a justice may recuse from a case, the governor appoints the temporary replacement justice.

“So, we think members of the Executive Branch, especially the governor, should not be involved in judicial elections.”

The matter of party politics seeping into elections for the Kentucky Supreme Court is nothing new.

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Last cycle, former state representative Joe Fischer hewed close to the Republican party brand in his right-leaning Northern Kentucky district, even using an elephant similar to the symbol for the Republican party in his campaign materials. He also hosted fundraisers that featured some of the most powerful elected Republicans in the state.

The Kentucky Judicial Conduct Commission and the Kentucky Judicial Campaign Conduct Committee both sharply criticized Fischer, who ended up losing to Supreme Court Justice Michelle Keller by almost 10 points, for his race.

The committee’s criticism of Goodwine is not as stark as it was for Fischer, who leaned into partisanship in more ways than she has.

In response to the committee’s letter, posted on their website, Goodwine wrote — as she had previously when the Herald-Leader inquired about the matter — highlighted her impartiality and said that she’d consider recusal should that impartiality get challenged.

“The best and most qualified candidates receive endorsements from a wide array of individuals and organizations based upon their records of exemplary service and any person or organization could potentially be called before any member of the judiciary,” she wrote.

She also emphasized her attendance at multiple events, Republican and Democrat, across the district. She’s attended multiple local Republican party events, including one the Herald-Leader was present for.

When contacted, Beshear’s top political strategist Eric Hyers referred the Herald-Leader to a previous statement he had made about the endorsement.

“The governor believes that judges should decide cases by the letter of the law and not by the letter of anyone’s party registration. Judge Goodwine is a fair and impartial judge who he believes will make a great justice,” Hyers said.

In an interview with the Kentucky Lantern, Beshear defended his endorsement of Goodwine and said his goal was not to politicize the race, but to win it.

“Being a former practicing lawyer, I know a really great Supreme Court justice when I see it and we need quality justices. I think it’s also time for the first Black woman on the Supreme Court, and she’s earned it,” Beshear told the outlet.

Beshear took his oath of office at his second term inauguration from Goodwine.

The Kentucky Judicial Campaign Conduct Committee ended its letter to Goodwine stating that it could make a public statement on the matter.

“Now that the governor is involved in your campaign, it is largely up to you what to make of his endorsement,” the committee wrote. :While you certainly have every right to use it, we believe doing so would further blur the line between judicial and partisan elections, and have the effect of eroding public confidence in the impartiality of the judiciary.”

Goodwine is up against Erin Izzo, a Lexington attorney at Landrum & Shouse.

Goodwine has the advantage over Izzo, a first-time candidate, in terms of electoral experience as well as fundraising. She’s won the fifth appellate district, which has the same boundaries as the supreme court district, twice — in a double-digit 2018 win and unopposed two years ago.

Goodwine also raised more than $194,000 before the May primary to Izzo’s $21,000-plus.

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