Franklin Circuit Judge Phillip Shepherd has thrown out the Kentucky House of Representatives resolution impeaching Fayette Circuit Judge Julie Goodman in an opinion and order that was handed down on Tuesday.
In a 20-page opinion, Shepherd stated, “The impeachment petition, filed by a partisan political candidate seeking election to the House of Representatives, makes no allegation of criminal conduct, violation of any civil or penal statute or regulation, and it does not set forth any statutory or regulatory violation allegedly committed by Judge Goodman.”
The person who filed the complaint was former state Rep. Killian Timoney, who is seeking to return to the House in the 2026 election.
Shepherd noted, “The impeachment petition and HR 124 (which incorporates its allegations) charge Judge Goodman with undefined judicial misconduct, identifying six cases in which Judge Goodman allegedly issued rulings or made comments from the bench that the Petitioner and the House deem inappropriate. Three of those cases are still pending in active litigation.”
His opinion also stated, “All of the charged judicial misconduct issues for which Judge Goodman is being impeached are legal questions which are subject to appellate review by the Court of Appeals and the Supreme Court. None of the complaints about Judge Goodman’s judicial rulings and conduct have ever been submitted to the Judicial Conduct Commission, as provided for in § 121 of the Ky. Constitution.”
Shepherd pointed out that the impeachment trial presents unprecedented and unique due process concerns. Rep. Jason Nemes, R-Louisville, the House Impeachment Committee Chairman, has been named to prosecute the case in the Senate, along with his father, Sen. Mike Nemes, R-Shepherdsville.
“Accordingly, Judge Goodman will be tried by a jury that includes the father of the chief prosecutor and the prime sponsor of the Articles of Impeachment. Even if Sen. Nemes recuses from participation in his son’s prosecution of Judge Goodman, 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. In any other trial, civil or criminal, such jurors would certainly be stricken from the jury pool for cause.”
Shepherd’s bottom line: “The Court finds that HR 124 fails to charge an impeachable offense and fails to state a claim against Judge Goodman for a ‘misdemeanor in office.’”
(Photo: Fayette Circuit Judge Julie Goodman)
By Tom Latek, Kentucky Today
