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)
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Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Disability Rights Under State Constitutions
Thirty-five years after the passage of the Americans with Disabilities Act, state constitutional anti-discrimination clauses, voting rights, and educational guarantees can expand protections for people with disabilities.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
As Executions Rise, A Conversation with an Attorney Whose Clients Are Facing the Death Penalty
John Mills, whose client on Oklahoma’s death row was granted a new trial by the U.S. Supreme Court this term, discusses his anti-death-penalty advocacy.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.