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
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.