(WKYT) – The resolution to impeach Fayette County Circuit Judge Julie Goodman is moving forward, raising constitutional concerns from a former Kentucky attorney general.
House lawmakers passed a resolution, sending it to the Senate for a trial. That trial will determine whether or not Goodman will be removed from office.
Goodman is accused of abusing her power as a judge and interfering with the judicial process.
There have been a lot of questions about the proceedings because nothing like this has happened before. That led to debate on the House floor.
Threats to judicial independence
“This is a significant matter between the legislative branch and the judicial branch,” said Fred Cowan.
Cowan is retired now but still carries his perspectives as the former Kentucky attorney general, a former state representative and a former circuit judge. He said the impeachment resolution of Judge Julie Goodman moving forward threatens the independence of judges and the state’s constitution.
“So there are many safeguards in the constitution before we get to the question of the legislative branch trying to do anything,” Cowan said.
Cowan said one of those safeguards is the Judicial Review Commission. He said it is the commission’s duty to take disciplinary action against judges who are not accused of committing a crime.
Cowan said even on the federal level, only eight judges have been removed since the signing of the Constitution.
“And that shows you that on the federal level, the legislature has been wise to keep its hands off the judges, again out of due respect for separation of powers,” Cowan said.
Rule of law concerns
Cowan said if judges start fearing impeachment, the rule of law is in danger. He said judges must follow the laws laid out in the Constitution, not popular opinion.
“So by the legislature getting involved in this, it raises serious questions about how judges can make decisions,” Cowan said.
Cowan said he now wonders if, if Judge Goodman is impeached and removed, what that could mean for her pending cases.
“I’m not going to speculate on that because I’m not sure if there’s a case out there that tells you what to do,” Cowan said.
There is no timeline for when the Senate will start the trial.