Kentucky Supreme Court
Encyclopedia
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court
of the commonwealth
of Kentucky
. Prior to that the Kentucky Court of Appeals
was the only appellate court in Kentucky
. The Kentucky Court of Appeals is now Kentucky's intermediate appellate court.
Criminal appeals involving a sentence of death
, life imprisonment
or imprisonment of twenty years or more go directly to the Kentucky Supreme Court, bypassing the Kentucky Court of Appeals. Other appeals are heard on a discretionary basis
on appeal from the Kentucky Court of Appeals.
The Kentucky Supreme Court promulgates the Rules of Court and Rules of Evidence. Through two of its subagencies, the Kentucky Office of Bar Admissions (KYOBA) and Kentucky Bar Association (KBA), it is the final arbiter for bar admissions (KYOBA) and discipline (KBA).
In the event that two or more justices of the Kentucky Supreme Court recuse themselves from a case, the Governor of Kentucky
appoints Special Justices to sit for that particular case.
The court meets in a courtroom located on the second floor of the Kentucky State Capitol
in Frankfort
. The second floor of the capitol building is also home to offices for the justices and Supreme Court personnel.
The Administrative Office of the Courts (AOC), under the aegis of the Kentucky Supreme Court, serves as the administrative support agency for Kentucky courts and Circuit Court
Clerks. The role of the AOC is similar to that of the Legislative Research Commission (LRC) for the Kentucky General Assembly
.
, 842 S.W.2d 487 (Ky. 1992), in which the court invalidated the criminalization of same-sex sodomy as an Equal Protection violation. This Kentucky decision, based on the Kentucky Constitution
, was made at a time when the applicable federal Equal Protection precedent was Bowers v. Hardwick
, 478 U.S. 186 (1986), which held that federal constitutional protection of the right of privacy was not implicated in laws penalizing homosexual sodomy. In 2003 the United States Supreme Court reversed itself and overturned Bowers, issuing a decision in Lawrence v. Texas
, 539 U.S. 558 (2003) that mirrored Kentucky's Wasson ruling.
In its short history, the Kentucky Supreme Court has not produced much jurisprudence of note. A study published in 2007 by the Supreme Court of California
found that of all state supreme courts in the United States, the decisions of the Kentucky Supreme Court were the least followed by other states' appellate courts.
, who had been the chief justice of the Appeals Court since 1972.
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of the commonwealth
Commonwealth
Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...
of Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
. Prior to that the Kentucky Court of Appeals
Kentucky Court of Appeals
The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....
was the only appellate court in Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
. The Kentucky Court of Appeals is now Kentucky's intermediate appellate court.
Criminal appeals involving a sentence of death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
or imprisonment of twenty years or more go directly to the Kentucky Supreme Court, bypassing the Kentucky Court of Appeals. Other appeals are heard on a discretionary basis
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
on appeal from the Kentucky Court of Appeals.
The Kentucky Supreme Court promulgates the Rules of Court and Rules of Evidence. Through two of its subagencies, the Kentucky Office of Bar Admissions (KYOBA) and Kentucky Bar Association (KBA), it is the final arbiter for bar admissions (KYOBA) and discipline (KBA).
In the event that two or more justices of the Kentucky Supreme Court recuse themselves from a case, the Governor of Kentucky
Governor of Kentucky
The Governor of the Commonwealth of Kentucky is the head of the executive branch of government in the U.S. state of Kentucky. Fifty-six men and one woman have served as Governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once...
appoints Special Justices to sit for that particular case.
The court meets in a courtroom located on the second floor of the Kentucky State Capitol
Kentucky State Capitol
The Kentucky State Capitol is located in Frankfort and is the house of the three branches of the state government of the Commonwealth of Kentucky...
in Frankfort
Frankfort, Kentucky
Frankfort is a city in Kentucky that serves as the state capital and the county seat of Franklin County. The population was 27,741 at the 2000 census; by population it is the 5th smallest state capital in the United States...
. The second floor of the capitol building is also home to offices for the justices and Supreme Court personnel.
The Administrative Office of the Courts (AOC), under the aegis of the Kentucky Supreme Court, serves as the administrative support agency for Kentucky courts and Circuit Court
Florida Circuit Courts
The Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where...
Clerks. The role of the AOC is similar to that of the Legislative Research Commission (LRC) for the Kentucky General Assembly
Kentucky General Assembly
The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky.The General Assembly meets annually in the state capitol building in Frankfort, Kentucky, convening on the first Tuesday after the first Monday in January...
.
Notable Cases
Notable decisions of the Kentucky Supreme Court include Kentucky v. WassonKentucky v. Wasson
Kentucky v. Wasson was a 1992 Kentucky Supreme Court decision striking down that state's criminalization of consensual sodomy between same-sex partners, holding that this was a violation of both the equal protection of the laws and the right to privacy...
, 842 S.W.2d 487 (Ky. 1992), in which the court invalidated the criminalization of same-sex sodomy as an Equal Protection violation. This Kentucky decision, based on the Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
, was made at a time when the applicable federal Equal Protection precedent was Bowers v. Hardwick
Bowers v. Hardwick
Bowers v. Hardwick, , is a United States Supreme Court decision that upheld, in a 5-4 ruling, the constitutionality of a Georgia sodomy law criminalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court...
, 478 U.S. 186 (1986), which held that federal constitutional protection of the right of privacy was not implicated in laws penalizing homosexual sodomy. In 2003 the United States Supreme Court reversed itself and overturned Bowers, issuing a decision in Lawrence v. Texas
Lawrence v. Texas
Lawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
, 539 U.S. 558 (2003) that mirrored Kentucky's Wasson ruling.
In its short history, the Kentucky Supreme Court has not produced much jurisprudence of note. A study published in 2007 by the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
found that of all state supreme courts in the United States, the decisions of the Kentucky Supreme Court were the least followed by other states' appellate courts.
Justices
The Court has seven justices, each of whom is elected for an eight-year term from one of seven geographic districts in non-partisan elections. The justices' terms are staggered; they do not all run for election in the same years. The justices choose one of their number to serve a four-year term as chief justice; the first chief justice was Samuel SteinfeldSamuel Steinfeld
Samuel Steinfeld was the Chief Justice of the Supreme Court of Kentucky. He was elected to the Kentucky Court of Appeals in 1966 and became chief justice in 1972; when the Kentucky courts were reformed in 1975, he became the first chief justice of the newly formed state Supreme Court.-References:...
, who had been the chief justice of the Appeals Court since 1972.
| Justice | District | Date Service Began | Term Ends |
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| John D. Minton, Jr. John D. Minton, Jr. is the current Chief Justice of the Kentucky Supreme Court. Minton was elected to the Supreme Court on July 24, 2006 to fill a vacancy created by Justice William S. Cooper, who retired on June 30, 2006. On the retirement of Chief Justice Joseph E. Lambert, Minton was elected by... (Chief Justice) |
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| Bill Cunningham (jurist) Bill Cunningham was elected to the Kentucky Supreme Court in November 2006 to represent the 1st Appellate District.- Background :... |
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| Mary C. Noble Mary C. Noble is the Deputy Chief Justice of the Kentucky Supreme Court. Noble was elected to the court in November 2006 where she represents the 5th Supreme Court District. She defeated appointed Justice John C. Roach. Prior to that election, she served as a circuit judge in Fayette County. Chief... (Deputy Chief Justice) |
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| Will T. Scott Will T. Scott is an Associate Justice of the Kentucky Supreme Court. He was elected in November 2004 to represent the 7th Supreme Court District, which consists of 22 counties in Eastern Kentucky. Effective July 1, 2006, Justice Scott replaced Justice Martin E. Johnstone as Deputy Chief Justice... |
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