The Kentucky Judicial Campaign Conduct
Committee, which has monitored campaigns in nonpartisan judicial elections for
18 years, is increasingly concerned that partisan politics are playing a role
in this year’s only race for justice of the Supreme Court of Kentucky.
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A mail piece endorsing Republican candidates and Erin Izzo |
The committee’s concern increased this week
when it learned that the county Republican organizations in five of the eight
counties in the 5th Supreme
Court District have endorsed candidate Erin Izzo, and that she has advertised
those endorsements on
her Facebook page. In addition to the endorsements from
the Franklin, Bourbon, Jessamine, Madison and Clark county parties, Izzo also
posted a thank-you to the Fayette County Republican Party “for sharing
information about me and others running for office this November.” The post
links to
a page with a
list of “Fayette County Republican Candidates,” beginning with Donald J. Trump
and ending with Izzo and this label: “Kentucky Supreme Court (Nonpartisan).”
Meanwhile, the committee has become aware of a mail piece saying “Your
Frankfort County
[sic] Republican Party endorses these candidates, including
“Erin Izzo for Supreme Court” with no mention that the race is nonpartisan.
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The 5th Supreme Court District is outlined. (Image from Bourbon County Republican Party) |
The Kentucky Judicial Campaign Conduct
Committee is a private, nonprofit, nonpartisan group organized to safeguard the
integrity of the judiciary in Kentucky judicial elections, which are
nonpartisan. We believe that judicial elections are different from other
elections, for good reason, and should remain that way. We have previously
expressed concerned about partisanship in judicial elections, including this
one.
On June 17, we told Izzo’s opponent, Court of Appeals Judge Pamela
Goodwine, that if she mentioned her endorsement by Gov. Andy Beshear’s
political action committee, that would violate the spirit of Section 117 of the
Kentucky Constitution, which makes judicial elections nonpartisan. Goodwine’s
Facebook page includes photos from a June 14 Democratic Party event that shows
her getting applause while standing at Beshear’s table, and another sitting
with him. His endorsement is implied. Since then, no posts have mentioned him,
and an Aug. 20 post shows Goodwine attending the Fayette County Republican picnic.
The voters of Kentucky approved Section 117 of
our constitution in 1975 to separate the judiciary from partisan politics.
Maintaining that separation has long been a major interest of our committee,
which is made up of Democrats, Republicans and independents. We believe that
political parties and partisan politicians should not make endorsements in
nonpartisan elections, and that nonpartisan candidates should not seek such
endorsements – because they give voters the idea that judges are just like any
other politicians and that their decisions will be influenced by politics. That
undermines public confidence in the judiciary, which helps a democratic
republic function properly. Those who hold and seek judicial office should
avoid actions that undermine public confidence in those offices.
Judges are human beings, and have values and worldviews just like anyone else. Those values inevitably inform how they interpret the law. On what basis should voters decide on a candidate if they don't have any insight into the candidates' values?
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