Beshear vetoes bill that would allow state lawsuits to skip Franklin Circuit Court
Kentucky Gov. Andy Beshear vetoed a bill Wednesday that would change how legal challenges to state government are handled in the state’s court system, saying it would cost state and local governments too much money.
House Bill 3, sponsored by Rep. Ed Massey, R-Hebron, would require cases challenging the constitutionality of Kentucky executive orders, statutes, administrative regulations and orders from state cabinets to be filed in the home county of the plaintiff rather than the defendant.
This would allow lawmakers to bypass Franklin Circuit Court in Frankfort, where high-profile cases are generally heard, and where Republicans like former Gov. Matt Bevin have complained the judges are biased.
In his veto message, Beshear called the bill the “annual attempt to remove cases from Franklin Circuit Court because of legislative dissatisfaction with the duly elected judges and their rulings.”
“Changing well-settled legal procedure for this reason is bad policy, and it sets a precedent for changing state law based on who is or is not in certain elected positions,” Beshear wrote.
He went on to argue that the bill should have required a fiscal note stating how much the government would have to spend to argue cases across the state. He said it would create substantial costs for cabinets like the Energy and Environment Cabinet, which often has its administrative regulations challenged.
The legislature will likely override his veto.
Democratic lawmakers made a similar argument against the bill in committee, but it was dismissed by Republican lawmakers who asked why those challenging the constitutionality of the law should have to incur the cost of travel.
Thursday marks Beshear’s last day to veto the bills passed this session. He vetoed five bills earlier this week — three that dealt with executive power and one that gave the power to enforce abortion laws to the Attorney General.
He still has not acted on Senate Bill 9, which would prevent a health care provider from depriving a born-alive infant of medical care.
