Posted on Fri, Apr. 25, 2008

State's chief justice to quit

Some colleagues interested in the job

By Jack Brammer And Brandon Ortiz

JBRAMMER@HERALD-LEADER.COM BORTIZ@HERALD-LEADER.COM

FRANKFORT --

Saying "there comes a time to move on," Kentucky Supreme Court Chief Justice Joseph E. Lambert stunned the state's legal and political community Thursday by announcing he will resign June 27 to join a corps of semi-retired judges.

Lambert oversaw a huge expansion of the state's court system in his nearly 10 years as chief justice. A Republican in a non-partisan job, he also engaged in political battles that sometimes left him at odds with leading Democrats and Republicans alike.

Within hours of Lambert's announcement, several justices on the state's highest court expressed an interest in holding the $137,832-a-year job that only four men have held since the Supreme Court was formed in 1976.

Lambert, 59, of Mount Vernon, announced his resignation in a news release and declined to comment further.

"We have made great progress in the last decade to improve Kentucky courts and make them more responsive to the needs of Kentucky's families and children," he said in his statement.

"As with any individual's efforts, however, there comes a time to move on. I believe it's a mistake to remain for too long in a high-level position in state government."

Lambert was elected to the state Supreme Court in 1986 from the 27 southeastern counties of the 3rd Supreme Court District. He has been Kentucky's chief justice since October 1998. He said he initially planned to serve only two four-year terms in the post.

As chief justice, Lambert is head of the statewide judicial system. He oversees the Administrative Office of the Courts in Frankfort and the 4,000 employees in the Kentucky Court of Justice.

By joining the state's senior judge program, he will work part-time -- 120 days a year for five years -- as a special judge, primarily to assist with backlogged cases.

The move means Lambert's pension will increase significantly. He will get 100 percent of the average of his last three years' salary, compared to 57.75 percent without joining the program. The Kentucky General Assembly this year decided not to extend the program, which is scheduled to end Jan. 31, 2009.

The resignation surprised many, including Gov. Steve Beshear.

"I just learned about it," the governor said. "Obviously, he served with distinction."

Colleagues surprised

Many of his six colleagues on the Supreme Court were also taken aback.

"There is a lot to do in that position, and you're always the lightning rod for everything because you have to make the decisions," said Deputy Chief Justice Will T. Scott of Pikeville.

Scott declined to say whether he'd run for chief justice, a position the justices choose among themselves.

Justice Wil Schroder of Covington said he would "like to be considered by my fellow justices" for the court's top spot, as did Justice John D. Minton Jr. of Bowling Green. "I will ask my fellow justices to consider me," Minton said.

Justice Mary Noble of Lexington said she hasn't had time to consider whether she will run for chief justice. She said Lambert was "an extraordinary justice of vision."

Justice Lisabeth Hughes Abramson of Louisville, who has been on the high court only since September, said she is not interested in running for chief justice.

Justice Bill Cunningham of Kuttawa could not be reached for comment.

'Greatest legacy'

Lambert has been an active jurist. He has written more than 400 opinions, has been a frequent lecturer at bar conferences and has written articles for publication in scholarly journals.

During his tenure as chief justice, he oversaw a dramatic expansion of the state's court system.

He proposed and saw passage of the 2002 constitutional amendment setting up family courts in the state. Family courts, which specialize in matters such as divorce and child custody, are in 71 Kentucky counties.

Lambert also expanded drug courts to 115 counties and oversaw a building program that brought 70 new judicial centers to the state. He called the new courthouses "his greatest legacy."

However, his tenure has been laced with controversy.

In March 2006, the state's Judicial Conduct Commission dismissed a complaint against him and his wife, Debra Hembree Lambert, who was a family court judge appointed in 1999. The complaint, filed by political blogger Mark Nickolas, alleged she knowingly accepted "straw contributions" from Pikeville coal operator Ross Harris.

Debra Lambert received 10 political contributions of $1,000 that "were funded by a source other than the named contributors," according to the commission's five-page order.

Criticized by Senate GOP

Lambert also was criticized in 2006 for meddling in his wife's re-election efforts for family court judge. She was appointed by then-Gov. Paul Patton to the judgeship in 1999, but she lost two years ago to retired District Judge Walter Maguire.

In recent years, the Republican-led Senate has been critical of Lambert for several court decisions, particularly for disqualifying a GOP candidate from seeking a Senate seat because of residency requirements.

Senate President David Williams, R-Burkesville, said, "I don't have any reaction" to Lambert's announcement.

A graduate of Georgetown College and the University of Louisville's law school, Lambert has been mentioned as a candidate for other elected offices, including governor.

Attorney General Jack Conway said a judicial nominating committee will submit three names to the governor as potential replacements for Lambert until an election can be held. The governor must choose one of the three.

Lambert's term doesn't expire until Dec. 31, 2010. His brother, James Lambert, is a judge on the Kentucky Court of Appeals. He could not be reached for comment.