Kentucky’s Supreme Court has struck down a new state law allowing defendants to get constitutional challenges switched to randomly selected counties. The court said Thursday that the legislative action on the assignment of court cases encroached on judicial authority. The law was enacted this year over the governor’s veto.
FRANKFORT, Ky. — Kentucky’s Supreme Court on Thursday struck down a new state law allowing defendants to get constitutional challenges switched to randomly selected counties, concluding that the legislative action on the assignment of court cases encroached on judicial authority.
The high court’s ruling was a victory for Democratic Gov. Andy Beshear, who in his veto message denounced the measure as an “unconstitutional power grab” by the state’s GOP-dominated legislature. Lawmakers overrode the governor’s veto, sparking the legal fight that reached the state’s highest court. The measure granted “unchecked power to a litigant to remove a judge from a case under the guise of a “transfer,” circumventing the established recusal process, the chief justice wrote.
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