Bevin asks judge to step down from teacher ‘sick-out’ lawsuit over Facebook post
Gov. Matt Bevin renewed his feud with Franklin Circuit Court Judge Philip Shepherd Tuesday, filing a motion asking the judge to remove himself from a lawsuit filed by Attorney General Andy Beshear because Shepherd liked a Facebook post that praised the volunteers on Beshear’s gubernatorial campaign.
Beshear filed the lawsuit against the Bevin administration in April after the Kentucky Labor Cabinet asked school districts to provide the names of all teachers who called in sick during teacher protests in Frankfort this winter.
Steve Pitt, the governor’s attorney, said Shepherd’s decision to like the Facebook post by Rep. Chris Harris, D-Pikeville, “raised significant questions about the Court’s impartiality.”
Pitt said the decision meant Shepherd publicly supported Beshear’s campaign against Bevin.
“The integrity of Kentucky’s independent judiciary requires that judges disqualify themselves if reasonable questions about their impartiality exist,” Pitt wrote in his motion. “This Court’s prohibited political activities give rise to exactly those kinds of questions.”
In his post, Harris shared a picture of himself with a campaign volunteer who knocked on his door in support of Beshear’s gubernatorial campaign. Harris then said “The Beshear/Coleman Campaign has some great local talent getting the word out for them. Honored to sign a pledge card to vote for the Beshear/Coleman ticket in November.”
Although the lawsuit continues, the Labor Cabinet already collected the names of teachers from the Department of Education and conducted an investigation that said 1,074 teachers violated the law by engaging in an illegal work stoppage. No fines were given.
Beshear said Bevin’s latest motion is an attempt to prevent teachers from getting due process.
“This is yet another absurd attack by an out-of-control governor,” Beshear said. “Matt Bevin and his labor secretary have recently announced their ‘findings’ that over 1,000 Kentucky teachers broke the law. Now Bevin is trying to prevent the courts from giving those same teachers due process. Matt Bevin needs to stop attacking teachers, judges and his own lieutenant governor.”
Shepherd was not immediately available for comment.
This isn’t the first time Bevin’s lawyers have combed through Shepherd’s Facebook page. The governor made a video last September criticizing Shepherd for indicating on Facebook that he was “interested” in a political rally in Frankfort to protest a bill that would have overhauled teacher pensions.
The governor has publicly called Shepherd an “incompetent hack.” Bevin’s chief of staff, Blake Brickman, continued the criticism Tuesday, claiming the decision to like the post indicated bias.
“It is impossible for Judge Shepherd to act as an impartial member of the judiciary while simultaneously expressing support for the governor’s political opponent on Facebook,” Brickman said. “Judge Shepherd’s endorsement of the Beshear/Coleman ticket is an obvious breach of judicial conduct and should automatically disqualify him from presiding in any cases that involve our administration and the attorney general.”
Beshear has made several lawsuits he filed against Bevin a central talking point in his campaign for governor. Beshear has also criticized the way Bevin talks about judges.
This story was originally published August 27, 2019 at 5:25 PM.