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Fayette judge impeachment hearing sparks broader separation of powers debate

LRC Public Information

Fayette Circuit Judge Julie Goodman appeared before the state's impeachment committee Monday morning in response to an impeachment petition filed against her. But questions remain about whether the hearing itself could be a case of overreach.

In the petition, former Republican state Rep. Killian Timoney accused Goodman of running afoul of the law in six cases. But Goodman's attorneys argue it's unclear what misdemeanor their client is being accused of, adding that judicial independence cannot be maintained if judges can be brought before an impeachment panel for "unpopular or controversial opinions."

"If in fact you could impeach an officeholder... without a criminal component to a misdemeanor in office, we would have a revolving door of officeholders," Bob McBride, an attorney representing Goodman said. "Because anybody could make an allegation of misconduct or misfeasance that they don't like and many officeholders this committee would (then) have to see. There must be a criminal component."

During the hearing, Fayette Commonwealth’s Attorney Kimberly Baird said her testimony against Goodman was not the result of any particular decision.

"My statement is not about disliking a ruling. It is about a full, comprehensive look at her disregard for precedent, established case law, and statutes, in an effort to impose her personal will on a case," she said.

That's in line with allegations made in Timoney's complaint, which accuses Goodman of bias, disregard for separation of powers, and a pattern of judicial activism.

Yet, the Lexington Herald-Leader reports 66 attorneys have signed a letter arguing the impeachment hearing sets a "dangerous precedent" by potentially punishing a judge over her rulings.

Monday's impeachment hearing will be the subject of a conference on Tuesday, called by Franklin Circuit Judge Phillip Shepherd.

This is an ongoing story.