A Franklin Circuit judge has ruled that the Kentucky House’s impeachment of a Fayette Circuit judge is “null and void,” though the final outcome now rests with the state Supreme Court and Senate.
Judge Phillip Shepherd issued the ruling Tuesday, stating that the impeachment petition against Fayette Circuit Judge Julie Goodman failed to allege any “misdemeanor in office,” which is required for removal under state law. However, Republican lawmakers say the decision will not affect their actions under the state Constitution.
“The impeachment petition… makes no allegation of criminal conduct, violation of any civil or penal statute or regulation,” Shepherd wrote.
The petition was filed by former Republican state Rep. Killian Timoney, who is seeking reelection. Shepherd noted the filing came from a political candidate attempting a comeback, and that some of the cases cited in the petition remain pending in court.
Goodman had previously asked the court to intervene before the House voted on impeachment articles, but that request was denied. She has since appealed to the Kentucky Supreme Court, arguing the legislature is violating the Constitution.
The House recently delivered its articles of impeachment, known as House Resolution 124, to the Senate.
In his ruling, Shepherd also raised concerns about due process, pointing out that Sen. Michael Nemes, whose son Rep. Jason Nemes chairs the impeachment effort, could be part of the Senate trial.
“Even if Sen. Nemes recuses… the jury in the Senate still would be composed of 37 Senators who are all daily co-workers and close colleagues of the prosecutor’s father,” Shepherd wrote.
He also questioned why the Judicial Conduct Commission, which has authority to remove judges, was not used in this case. Testimony indicated there may not have been enough evidence for that body to take action.
Shepherd concluded that while his ruling questions the impeachment’s validity, his court will not block Senate proceedings since the Senate is not a party to the lawsuit.
“The Senate has numerous options… and the Court will not presume that it will act in a manner inconsistent with its constitutional obligations,” he wrote.
Republican Senate President Robert Stivers pushed back on the ruling, citing a 2024 Supreme Court opinion affirming the legislature’s sole authority to impeach elected officials.
“His ruling has no influence on us because he does not have any constitutional authority,” Stivers said.
Stivers added that it is too early to predict how the Senate will vote, as it has just received the impeachment articles. A trial could begin as early as next week.
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