Miscellaneous

Kentucky: Appointment of New Court Administrator Challenged

By Anne Skove, Esq.

We've bid adieu to Kentucky's Chief Justice Lambert. Now it's time to say hey to the new state court administrator, Jason Nemes.

Or is it?

Nemes has been acting director since January 1, 2007. Much is being said about the way Nemes was appointed. The state senate did not confirm the appointment.

But did it have to?

The state senate has always confirmed nominees in the past. It refused to confirm Nemes. The state constitution allows the chief to appoint staff "as he deems necessary." Plus, "we've always done it that way" is not necessarily the law.

Meanwhile, a state statute (Ky. Rev. Stat. sec. 27A.050) calls for "the advice and consent of the Senate" when appointing the state court administrator.

Maybe staff and the named position of head honcho are not one and the same!

But wait...separation of powers!

See Creation of State Court Administrative Offices and Selection of State Court Administrators, Steelman & Skove (2007).

This report indicates that Kentucky's appointment process is by statute only. But "there is no state where the selection of the state court administrator is not the sole prerogative of the state judicial branch. Wherever the selection of the state court administrator calls for the appointing authority to act with the approval, concurrence or advice and consent of others, the appointment remains completely a matter for state court leaders."

See also State Court Appointment Questioned; Senate Did Not Confirm Pick for AOC Director, Brandon Ortiz, Herald-Leader (April 26, 2008).

Finally, note the 2005 date and dig back into Thoughts on Jason Nemes -- Chief Justice Lambert's New Chief of Staff and Counsel, Mark Nickolas, BluegrassReport.org (June 26, 2005).

Full post as published by court-o-rama.org on April 28, 2008 (boomark / email).