With Judge Goodman impeachment process, legislators make a dangerous move | Opinion

When the Founders of our nation sat down to draft the Constitution of the United States at Philadelphia in the summer of 1787, they were acutely conscious of the potential for those in power to abuse it. That is why they wrote that revered document to separate the power of the government into three equal branches: the executive, the legislative, and the judicial. They wanted to create a system of government that would last over time and protect citizens against tyranny and the misuse and abuse of power. That fundamental principle, adopted and enshrined in the Kentucky Constitution, is now under attack by the Kentucky General Assembly.

The General Assembly has initiated an impeachment proceeding against Fayette Circuit Judge Julie Muth Goodman. The petition was filed by a former state legislator who is on the primary ballot seeking to regain the seat he lost two years ago. The sole basis cited in his petition is his disagreement and dissatisfaction with certain decisions made by that judge. The proceeding is a dangerous misstep that threatens to undermine the independence of our judges and the Kentucky Constitution, as well as the rule of law.

In addition to the institutional protections that the separation of power provides, the Kentucky Constitution also provides additional protections from improper and unethical actions by rogue actors in the executive, legislative, and judicial branches of government. The Constitution provides a guaranteed appeal of any decision by any judge to a higher court. Some decisions can even be appealed to three levels of higher courts up to the Kentucky Supreme Court. In fact, two of the decisions the impeachment petition cites were reviewed and reversed by higher courts.

During the eight years I served as a circuit court judge in Kentucky, making thousands of decisions, I faithfully tried to follow the law at all times but was acutely aware that my judgments could be appealed — a fact which provided both caution and comfort. In addition, Kentucky’s Constitution also provides for a Judicial Retirement and Removal Commission, comprised of experienced judges and subject to review by the Kentucky Supreme Court, that has the power to remove judges from office who have betrayed the trust of their citizens for ethical improprieties, criminal acts, or other good cause. Their decisions can be appealed to the Kentucky Supreme Court. Finally, and perhaps most importantly, the Constitution requires judges to stand for election, thus ensuring that citizens can evaluate a judge’s performance and decide for themselves whether to keep him or her on the bench.

The law permits impeachment of judges by the legislature for “misdemeanors,” a term that in the judicial system means a crime. There is absolutely no evidence of any kind that Judge Goodman was bribed, that she made secret deals with the litigants, that she intentionally disregarded her responsibilities under the law, or otherwise violated the law in any way whatsoever. As such, there is absolutely no basis for the legislators to consider the petition for any reason other than to dismiss it outright. This is not what they have chosen to do. Instead the General Assembly has passed the matter for a “hearing” — presumably to allow the petitioner and others who feel aggrieved by the judge’s decision to express their disagreement and displeasure.

Here, the General Assembly is treading on dangerous ground. It is claiming to itself the power to get rid of a judge whose decisions it or one or more of its constituents disagrees with. The defense that it will provide a fair proceeding is highly questionable at the least given the political motivation of the petition. The proceeding is a smokescreen for the legislature’s desire to expand its power and undermine the fundamental protection against the abuse of power that an independent judiciary provides. If a judge in Kentucky must fear impeachment every time he or she makes a decision, we will no longer have an independent judiciary adhering to the rule of law, but one that is subject to the whim of popular opinion and political manipulation. The General Assembly should right its error and dismiss the petition and the proceedings immediately.

Fred Cowan, a lawyer, was Attorney General of Kentucky from 1988-1992. He was a member of the Kentucky House of Representatives from 1982-1987 and was a Jefferson Circuit Judge from 2007-2015.