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
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Case Trends: Post-Dobbs and Skrmetti, State Courts Are Battlegrounds for Transgender and Reproductive Rights
State courts are leaning on their unique state constitutional provisions, departing from federal precedent, and deciding who can challenge restrictive laws.
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.