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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Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
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.”