Candidates who have signed committee's agreement

Following is a list of candidates in the 2020 elections who signed the Committee's pledge to conduct their campaigns with dignity and integrity, in accordance with the state Code of Judicial Conduct, and to disavow advertising with false or misleading information or accusations that impugn the integrity of the judicial system or the integrity of a candidate, or that erode public trust and confidence in the independence and impartiality of the judiciary. A full list of candidates for judgeships is available at https://web.sos.ky.gov/electionmall/default.aspx. Primary elections for judgeships reduce the number of candidates to two for the general election.

Candidate, address and judgeship sought

Chris Harris, Forest Hills, justice, Supreme Court, 7th District

Jenny Marie Hines, Paducah, judge, Court of Appeals, 1st District

J. Chris McNeill, Paducah, judge, Court of Appeals, 1st District

Elizabeth Davis, Mount Sterling, circuit judge, 21st Circuit

Teresa Whitaker, Science Hill, circuit judge, 28th Circuit

Catherine S. Fuller, Benton, family court judge, 42nd Circuit

CANDIDATES DEFEATED IN PRIMARY
Jerry J. Cox, Mount Vernon, circuit judge, 28th Circuit
Daryl K. Day, Stanford, circuit judge, 28th Circuit
Ashton McKenzie, Salt Lick, judge, 21st Circuit
Stephen E. Neal, Mount Sterling, judge, 21st Circuit
C. Rene' Williams, Dixon, judge, Court of Appeals, 1st District

Committee asks 13 judicial candidates in six contested races on Nov. 5 ballot to sign fair-campaign pledge

The Kentucky Judicial Campaign Conduct Committee is mailing letters to the 13 candidates in contested races for nonpartisan judicial office in the Nov. 5 election, asking that they sign an agreement with the committee pledging to "conduct my campaign with dignity and integrity and in accordance with the Kentucky Code of Judicial Conduct. I further agree to disavow advertisements that use false or misleading information and/or accusations to impugn the integrity of the judicial system, the integrity of a candidate, or erode public trust and confidence in the independence and impartiality of the judiciary." The committee will post a list of those who have signed the pledge.

The contested races are:
Supreme Court (1st District): Shea Nickell vs. Whitney Westerfield
Court of Appeals (3rd District): Jacqueline Caldwell vs. Michael Caperton

7th Circuit Judge (Logan and Todd counties): Joe Hendricks vs. Joe Ross
22nd Circuit Judge (4th Division, Fayette County): Julie Muth Goodman vs. John Reynolds
35th Circuit Judge Family Court (Pike County): Kent Varney vs. Justin Cory Hamilton

46th District Judge (Breckinridge, Grayson, Meade): Bradley Butler, Zanda Myers and Beth Ratley

The letter to each candidate reads:

The Kentucky Judicial Campaign Conduct Committee is a private, non-partisan, non-governmental group created in 2005 to promote judicial elections that support a fair and independent Kentucky judiciary. The KJCCC has helped keep most Kentucky judicial campaigns fair and dignified for the last 14 years. We are not a government agency and have no power to discipline candidates who violate the Code of Judicial Conduct (SCR 4.300).

In January 2018, the Supreme Court of Kentucky amended the Code. New Canon 4 replaced old Canon 5, and Rule 4.1 was issued to conform to the requirements of Winter v. Wolnitzek, 186 F.Supp. 3d 673 (E.D.Ky. 2016). The rule describes what is, and is not, permitted in Kentucky judicial campaigns under the First Amendment, and the code’s preamble notes that judicial candidates are also governed by “general ethical standards.” The KJCCC’s standards reflect that fact, and are intended to keep nonpartisan judicial campaigns from becoming like partisan campaigns for executive or legislative office. We believe that has served the state and its judiciary well and is a hallmark of our system’s excellence.

The KJCCC asks that you campaign in a fair and dignified manner and that you refrain from:

1) making false or misleading statements;
2) making statements that indicate how you would rule in a pending case or type of case, or call into question the obligation to decide matters impartially and without pre-judgment;
3) campaigning as if the election is a partisan election. Judicial elections in Kentucky are non-partisan for a reason – to assure the public that the candidate will, if elected, treat everyone the same without regard to political affiliation. “The interest is not in preventing bias against parties; the interest is in preventing judges from being too involved in political machines.” (Winter v. Wolnitzek, p. 28; Rule 4.1 governs political activity.)
4) making personal attacks on an opponent. Judicial elections should be above such tactics, and, to the credit of judicial candidates over the years, we’ve seen very few attack ads. We also ask that you disavow personal, misleading of false attacks made by other parties.

We are enclosing a campaign pledge and the procedures by which complaints can be made. We will investigate complaints promptly and speak out (by press release or letter) to respond to what we believe is unfair campaigning. Send an email to KJCCC Secretary Al Cross and me (addresses above) if you believe you have been the victim of unfair campaigning. We have no power to discipline, only the power of persuasion.

We offer you our best wishes for a campaign that will enhance the reputation of the Court of Justice.

Sincerely,

Cecile Schubert
Vice Chair and acting Chair

Committee elects Noe chair, welcomes Cunningham

The Kentucky Judicial Campaign Conduct Committee, a nonprofit, non-stock corporation, conducted its annual meeting on Jan. 19 in Midway. It elected Spencer Noe of Lexington chair and president, re-elected other officers, and extended an invitation to retiring Supreme Court Justice Bill Cunningham of Kuttawa to join the committee. He accepted. Other committee members are listed here.

UPDATE: Noe has resigned from the committee, citing health reasons; Vice Chair Cecile Schubert is acting chair.

Committee tells candidates they should consciously avoid campaigning that may mislead voters

The committee received a complaint in early October from a judicial candidate, alleging misleading campaigning by the other candidate in the race.

One concern expressed was that the other candidate's claim of a certain amount of “legal experience” included time in law-related activities before admission to the bar. The other concern was that the lack of the words “vote” or “elect” on some campaign materials with the title of the office being sought may create the incorrect impression that the candidate already holds that office.

Some committee members were concerned about one issue, others were concerned about the other, and some were concerned about both, but there was no overall consensus among the committee members. The committee did not feel that the matter called for a press release, but told the candidates in a letter that its main concern is that judicial candidates consciously avoid campaigning that may mislead voters.

Most judicial candidates on May 22 primary ballots sign committee's proffered pledge to campaign fairly

Each election year the Committee asks judicial candidates to sign a pledge that they will conduct their campaigns in accordance with the Kentucky Code of Judicial Conduct, and disavow advertising that uses false or misleading information that impugns the integrity of a candidate or the judicial system, or that erodes public trust and confident in the independence and impartiality of the judiciary.

Most of the candidates who are opposed in the May 22 primary have signed the pledge. Primaries are held in judicial races with three or more candidates, sending the top two vote-getters to the Nov. 6 general election. The primary-ballot candidates signing the pledge are listed below, with the number of candidates in the race if more than three. This list has been updated since the original April 26 posting, and will continue to be updated if more candidates on primary ballots submit agreements. Candidates who do NOT appear on the primary ballot are not listed; this list will be updated for the general election.

JUSTICE OF THE SUPREME COURT, Third District
Debra Hembree Lambert, Burnside
David Tapp, Somerset
JUDGE OF THE COURT of APPEALS, Seventh District, unexpired term (six candidates)
David Barber, Morehead
Kevin Sinnette, Ashland
Gene Smallwood, Whitesburg
Larry Thompson, Pikeville
CIRCUIT JUDGE, Family Court, unexpired term, 16th Circuit, 5th Division
Pete Roush, Covington
Terri King Schoborg, Covington
CIRCUIT JUDGE, Family Court, unexpired term, 22nd Circuit, 1st Division (four candidates)
Gregory Napier, Lexington
Nam Nguyen, Lexington
Eileen O'Brien, Lexington
CIRCUIT JUDGE, Family Court, unexpired term, 30th Circuit, 4th Division (four candidates)
Bryan Gatewood, Fisherville
Lauren Adams Ogden, Louisville
Shelley Santry, Louisville
DISTRICT JUDGE
6th District, 3rd Division
Daniel M. "Nick" Burlew, Owensboro
Misty Miller, Maceo
11th District, 2nd Division (five candidates)
Jude Hagan, Lebanon
Dawn McCauley, Lebanon
Jeremy Ancil Wood, Campbellsville
30th District, 3rd Division
Tracy Davis, Louisville
Jim Green, Prospect
30th District, 6th Division
Sean Delahanty, Louisville
Alex Gaddis, Louisville
30th District, 9th Division (four candidates)
Danny Alvarez, Louisville
Andre Bergeron, Louisville
Karen Faulkner, Louisville
33rd District (six candidates)
B. Cody Goehring, Hazard
Becky Williams Patterson, Hazard
Teresa Combs Reed, Hazard
Sheila Clemons Stoffel, Hazard
35th District, 1st Division (four candidates)
Joe Jett Friend, Pikeville
Amber Hunt Sisco, Pikeville
Robert F. Wright, Pikeville
35th District, 2nd Division (five candidates)

Tommy Chamberlin, Pikeville

Andrew Tyler Friend, Pikeville

Justin Cory Hamilton, Pikeville

39th District

Billy Oliver, Campton

Jarett Rose, Stanton

51st District, 2nd Division (four candidates)

David Curlin, Henderson

Leslie Newman, Henderson

Greg Sutton, Henderson

54th District, Division 2

Angela Greene, Union

Marcia Thomas, Petersburg

Committee receives complaint, gets response and prompt correction from target of complaint

The committee received a complaint from a judicial candidate alleging that another candidate in a race misrepresented the latter candidate’s qualifications by describing the race as if the complainant was not in it. The candidate who was the object of the complaint, soon after being notified of the complaint, acknowledged his error and corrected his online postings. Both candidates were among those who had already signed an agreement with the committee pledging to avoid misleading voters.

Committee reorganizes for 2018, which may be busy

The Kentucky Judicial Campaign Conduct Committee has elected new officers for 2018, a year that could be a busy one for the committee, with more than 200 candidates for Kentucky judgeships.

Judge Anthony Wilhoit

The new chair and president of the Committee is former Kentucky Court of Appeals Judge Anthony Wilhoit, who has served as vice chair and chair in the past. He succeeds Kate Hendrickson of Maysville, who remains on the Committee. Cecile Schubert of Richmond and Al Cross of Frankfort were re-elected vice chair and secretary, respectively. Retired Judge Charles Boteler, a former chair who now lives in Louisville, was elected treasurer. He succeeds Jon Fleischaker of Louisivlle, who remains on the Committee.

Following an internal review, the committee will soon send letters to judicial candidates asking them to sign an agreement regarding their campaign activities, as it has in the past. Names of those signing the agreement will be publicized. For judgeships with more than two candidates, primary elections on May 22 will reduce the fields to the top two vote-getters.

For a list of Kentucky judicial candidate filings, click here. This list includes candidates for commonwealth's attorney in multi-county districts, who file with the secretary of state. Those races are partisan and not part of the committee's purview; all races for judgeships are nonpartisan, making them fundamentally different from elections for legislative and executive positions.