Kentucky
Kentucky’s highest court is the Supreme Court of Kentucky. The court has six associate justices and one chief justice, who is selected by the other justices to serve a four-year term.(Source: Kentucky Supreme Court; Kentucky Constitution)
Judicial Selection
Justices on the Supreme Court of Kentucky are chosen through a nonpartisan election, where multiple candidates may vie for the seat. The elected justice serves an eight-year term and may seek additional terms through a nonpartisan election. When a seat on the court opens in the middle of a justice’s term, the governor appoints a judge from a list provided by a judicial nominating commission. If the unexpired term ends at Kentucky’s next election, the appointed justice serves the remainder of the term. However, if the unexpired term does not end at Kentucky’s next election, the appointed justice holds office until the next election if the vacancy occurs more than three months prior to the next election, or the second succeeding election if the vacancy occurs less than three months before the next election. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Kentucky has had four constitutions adopted between 1792 and 1891. As of January 1, 2024, it had 43 amendments. (Source: John Dinan, 2024)
Filters
Kentucky’s Constitution: From Open Frontier to Fiercely Independent
The state constitution’s strong separation of powers language was written by Thomas Jefferson; he wished the U.S. Constitution had the same.
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
Religious Women Win Injunction Against Indiana’s Abortion Ban
The decision highlights the potential of religious liberty claims to fight abortion restrictions.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
State Courts Interpret the Meaning of Public Education
The Kentucky Supreme Court’s decision striking down the state’s charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.