Partisanship in elections for Kentucky’s highest court has become a hot topic once again.
Democratic Gov. Andy Beshear has fully embraced Lexington Court of Appeals Judge Pamela Goodwine’s effort to be elected to the Kentucky Supreme Court’s 5th District seat, based in Central Kentucky, a nonpartisan position.
The governor political action committee endorsed it. At a recent Democratic event, Beshear applauded that Kentuckians would “elect the first black woman Supreme Court justice in our history.” And he is the “special guest” at an upcoming fundraiser in Frankfurt for Goodwine, according to a flyer for the event.
That relationship raised questions for the Kentucky Judicial Campaign Conduct Committee — a nonprofit, nonpartisan group “organized to safeguard the integrity of the judiciary in Kentucky judicial elections.”
In a letter to Goodwine, the group wrote that it was “concerned” about Beshear’s endorsement of her.
“He is Kentucky’s highest-ranking official, elected on a party-line basis, and is widely known as a Democrat, so we believe that if you were to refer to his endorsement in your campaign, it would violate the spirit of Section 117 of the Kentucky Constitution , which makes judicial elections non-partisan”, the group wrote.
They added that non-partisanship in judicial elections is important to avoid conflicts of interest.
“The Executive Branch frequently appears before the Kentucky Supreme Court. This could present an appearance of conflict, if not actual conflict, for any judge who would be supported by the sitting governor,” they wrote. “Although a judge may recuse himself from a case, the governor appoints the temporary substitute judge.
“Therefore, we think that members of the Executive Branch, especially the governor, should not be involved in judicial elections.”
The issue of partisan politics infiltrating Kentucky Supreme Court elections is nothing new.
Sign up for our Bluegrass Politics newsletter
A must-read newsletter for political junkies across the Bluegrass State, featuring reporting and analysis from the Lexington Herald-Leader. Never miss a story! Sign up for our Bluegrass Politics newsletter to stay connected with our reporting team and get behind-the-scenes insights, plus sneak peeks at the biggest stories.
Last cycle, former state deputy Joe Fischer moved closer to the Republican Party brand in his right-wing district in northern Kentucky, even using an elephant similar to the Republican Party symbol in his campaign materials. He also hosted fundraisers that featured some of the state’s most powerful elected Republicans.
The Kentucky Commission on Judicial Conduct and the The Kentucky Judicial Campaign Conduct Committee sharply criticized Fischerwho ended up losing to Supreme Court Justice Michelle Keller by almost 10 points, in their race.
The committee’s criticism of Goodwine is not as harsh as it was of Fischer, who leaned into partisanship in more ways than she did.
In response to the committee’s letter, published on his website, Goodwine wrote — as she had previously done when the Herald-Leader asked on the matter – highlighted his impartiality and said he would consider recusing himself if that impartiality was challenged.
“The best and most qualified candidates receive endorsements from a wide range of individuals and organizations based on their records of exemplary service, and any person or organization could potentially be called before any member of the judiciary,” she wrote.
She also emphasized her participation in numerous events, Republican and Democratic, throughout the district. She has attended several local Republican Party events, including one at which the Herald-Leader was present.
When contacted, Beshear’s chief political strategist, Eric Hyers, referred to the Herald-Leader as a previous statement he had made about endorsing.
“The governor believes that judges should decide cases by the letter of the law and not by the letter of someone’s party registration. Judge Goodwine is a fair and impartial judge who he believes will deliver great justice,” Hyers said.
In an interview with the Kentucky LanternBeshear defended his endorsement of Goodwine and said his goal was not to politicize the race but to win it.
“Being a former lawyer, I know a great Supreme Court judge when I see one and we need quality judges. I think it’s also time for the first black woman on the Supreme Court, and she deserved it,” Beshear told the channel.
Beshear was sworn in at his second term inauguration in Goodwine.
The Kentucky Judicial Campaign Conduct Committee ended its letter to Goodwine by saying it could make a public statement on the matter.
“Now that the governor is involved in your campaign, it is largely up to you what to do with his endorsement,” the committee wrote. :While you certainly have every right to use it, we believe it would further blur the line between judicial and partisan elections and have the effect of undermining public confidence in the impartiality of the judiciary.
Goodwine faces Erin Izzo, a Lexington attorney with Landrum & Shouse.
Goodwine has an advantage over Izzo, a first-time candidate, in terms of electoral experience as well as fundraising. She won the fifth appellate district, which has the same boundaries as the Supreme Court district, twice — in a double-digit victory in 2018 and unopposed two years ago.
Goodwine also raised more than $194,000 before the May primary, compared to Izzo’s more than $21,000.
