ARKK Properties, LLLC v. Cameron
Held that statute permitting officials sued for alleged constitutional violations to compel transfer of the suit to another randomly-selected circuit court violates the state constitution. According to the court, the law “dishonors the principle of separation of powers by: granting unchecked power to a litigant to remove a judge from a case under the guise of a “transfer,” thereby circumventing our well-established judicial recusal process; divesting the circuit court of its inherent jurisdiction and authority to decide when and if a case should be transferred to another venue; invading this Court’s rule-making authority by permitting a “Notice of Transfer” pleading not authorized by Kentucky’s Rules of Civil Procedure; and exercising control over 8 the Court’s clerks by directing them to take certain action for implementation of S.B. 126.”
Related Commentary
Kentucky Supreme Court Strikes Down Law Meant to Steer Cases Away from ‘Liberal’ Judges