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« Blogs: Northern Kentucky Chase Law School Professor Authoring Blog | Main | BluegrassReport.org blogger sued [Courier-Journal] »

Sunday, March 11, 2007

2007 General Assembly: Sen. Williams and GOP-controlled Senate are remiss in duties by not addressing at least the end-date of senior judges program

In an era of fiscal concern for our legislature and the Commonwealth, it is wrong for the Kentucky Senate to run from its duties and place the responsibility upon the courts to clean up poorly written statutes and determine the expiration date of the senior status judges program.

Due to multiple laws passed over the years regarding the senior status judges program, uncertainty was created in the simple end date of the program? 

Furthermore, is the end-date the end for bringing judges into the program, or the end-date for financing the program and all current senior judges are to turn in their robes whether having served one day or nearly five years?

The Senate has apparently tabled the bill and thus killed the bill to extend and then amend the senior status judge's program.

When asked whether the General Assembly needs to clear up that confusion, Senate President David Williams (R - Burkesville) replied "That's what courts are for."

How tough would it have been to pass a law clearing up the General Assembly's own ambiguous statutes?  2007 or 2009?  Pick a date folks.

Senator Williams' passing the buck (literally and metaphorically) to the courts and the legal system to spend money and months to resolve a question initially created by the legislature and now exacerbated by senatorial inaction makes one wonder what is behind the GOP's cries of judicial activism. 

It is unfair to the senior judges serving, those considering serving, and those appearing in those courts.

Looks like the courts will have to step in where the senators (and obviously not angels) fear to tread.

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Comments

Well reasoned article. Thanks for the post.

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