Trial experience vs. knowledge of law: Key judicial election battle spans 11 Kentucky counties

Nineteen years overseeing more trials of every sort, including death penalty cases, or a ‘better record’ of determining what the law is.

That’s what the candidates — Fayette Circuit Judge Pamela Goodwine and 18-month appeals court veteran Rob Johnson — say voters are choosing from in the 5th Appellate District. The appeals court determines if mistakes were made on cases at the circuit court level, and if verdicts and punishments should stand.

The 5th Appellate District includes Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott and Woodford counties.

“I believe I’m the best candidate first because I’ve been a trial judge for 19 years,” Goodwine said. “I have tried more cases than any other judge in the 5th Appellate District, and certainly more capital cases (eligible for the death-penalty). ... I have tried every possible case that one can try as a circuit judge.”

Johnson said: “I do feel I have a better record on determining what the law is. My opponent will talk about all the cases she’s had as a judge and several death-penalty cases, but she also got reversed on some of those cases.”

Goodwine and Johnson are running to complete the unexpired term of Laurance VanMeter, who was elected to the Kentucky Supreme Court. Gov. Matt Bevin appointed Johnson to the Court of Appeals in March 2017.

The winner of the Nov. 6 race will serve through 2022, when an election will be held for a full eight-year term.

Both candidates say the proper role of a judge is to interpret the law.

“I don’t think it’s the job of a judge to take the law where they want it to be.,” Johnson said. “That’s not what the purpose of the judiciary is. If you don’t like the way the statute is, the legislature can amend the statute. If you don’t like what the Constitution says, then there’s an amendment process to the Constitution.”

Goodwine said she rules according to the law.

“I’m a judge who follows the law,” she said. “I don’t believe judges should be activists, no. I don’t believe judges should be out there trying to get legislation passed. I believe that’s the role of the legislators, that’s the role of the executive branch. … Justice is for all people and that everyone who comes before the court, everyone who enters the halls of justice, should be treated fairly. Their voices should be heard.”

Among the people supporting Johnson’s candidacy is former Fayette Commonwealth’s Attorney Ray Larson.

Goodwine has been endorsed by KY AFL-CIO, the Bluegrass Labor Council, and C-Fair, the political action committee of Kentucky’s LGBTQ Fairness Campaign.

With a few exceptions, most cases appealed from a circuit court go to the Court of Appeals. A case is not retried at the appeals level. Instead, the original trial record is reviewed, with attorneys presenting the legal issues to the Court of Appeals for a decision.

Court of Appeals judges are divided into panels of three to review and decide cases, with the majority deciding the outcome. The panels do not sit permanently in one location, but move around the state to hear appeals.

The Court of Appeals occasionally publishes its rulings on cases, which means that those rulings become the governing case law for all future similar cases in Kentucky.

Goodwine has raised $84,582 and spent $80,250, according to the Kentucky Registry of Election Finance. Johnson has raised $99,237.15 and spent $87,330.83..

Appellate judges are paid $133,299 a year.

Rob Johnson

Date of birth: July 25, 1970

Education: Bachelor’s degree in history and American studies from Georgetown College, 1992; law degree from University of Kentucky, 1996.

Elected office: Council member on Georgetown City Council, 2003 to 2005; circuit judge for Bourbon, Scott and Woodford counties, 2005 to 2017.

Family: Wife, Rebecca (Scott County clerk); five children

Website: http://www.keepjudgerobjohnson.com/

Pamela Goodwine

Date of birth: June 16, 1960

Education: Bachelor’s degree in business administration from the University of Kentucky, 1991; law degree, UK, 1994.

Elected office: Fayette district judge, 1999 to 2003; Fayette circuit judge since 2003.

Family: Husband, Lee Padgett Jr.; two stepchildren

Website: www.judgegoodwine.com

This story was originally published October 26, 2018 at 10:42 AM.