HR 140

UNOFFICIAL COPY  26 RS BR 2637
1A RESOLUTION declaring that the Kentucky Supreme Court's opinion and order
2 of April 6, 2026, is unconstitutional.
3WHEREAS, since the adoption of Kentucky's first Constitution in 1792, the power
4 of impeachment has been vested solely in the House of Representatives; and
5WHEREAS, the adoption of the Judicial Article amendments in 1975 did not limit
6 or circumscribe the authority of the House of Representatives to exercise its power of
7 impeachment; and
8WHEREAS, the framers of the Judicial Article amendments in 1975 left no room
9 for doubt that the adoption of the amendments did not limit or circumscribe the authority
10 of the House of Representatives to exercise its power of impeachment when they
11 included a revised Section 109 of the Constitution of Kentucky to state, "The
12 impeachment powers of the General Assembly shall remain inviolate"; and
13WHEREAS, no opinion, order, or other action of the Court of Justice can limit or
14 circumscribe the Constitution of Kentucky's vesting of the impeachment power in the
15 House of Representatives and the power to try impeachments in the Senate; and
16WHEREAS, any opinion, order, or other action of the Court of Justice that purports
17 to limit or circumscribe the Constitution of Kentucky's vesting of the impeachment power
18 in the House of Representatives and the power to try impeachments in the Senate is void
19 and ineffective because it is unconstitutional and directly contradicted by the plain,
20 inescapable, and unambiguous language of the Constitution of Kentucky; and
21WHEREAS, on March 20, 2026, the House or Representatives adopted House
22 Resolution 124 which approved as adopted five Articles of Impeachment against Julie
23 Muth Goodman, Circuit Judge for the 22nd Judicial Circuit consisting of Fayette County;
24 and
25WHEREAS, the five Articles of Impeachment in House Resolution 124 explained
26 how Judge Goodman's conduct constituted "misdemeanors in office" which are
27 impeachable under Sections 66, 67, and 68 of the Constitution of Kentucky; and
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1WHEREAS, on April 6, 2026, the Kentucky Supreme Court issued an opinion that
2 purported to exercise the Court's supervisory writ power under Section 110 of the
3 Constitution of Kentucky, which is textually limited in scope to "writs necessary in aid of
4 its appellate jurisdiction, or the complete determination of any cause, or as may be
5 required to exercise control of the Court of Justice," over the General Assembly, where
6 the Kentucky Supreme Court's supervisory writ power cannot reach; and
7WHEREAS, the Kentucky Supreme Court purported to enjoin the General
8 Assembly from exercising powers that the Constitution of Kentucky vests solely in the
9 General Assembly, which the Kentucky Supreme Court has no power to enjoin; and
10WHEREAS, the Kentucky Supreme Court purported to announce a newly-invented
11 principle that the scope of the impeachment power is limited to "the rarest of
12 circumstances in which a sitting judge has committed either an actual, indictable crime or
13 an offense in office constituting the most reprehensible moral turpitude," which is a
14 principle that the Kentucky Supreme Court has no authority to invent, announce, or
15 enforce; and
16WHEREAS, the Kentucky Supreme Court's opinion of April 6, 2026, encroaches
17 on and attempts to usurp powers that the Constitution of Kentucky vests solely in the
18 General Assembly, not in the Court of Justice;
19NOW, THEREFORE,
20 Be it resolved by the House of Representatives of the General Assembly of the
21 Commonwealth of Kentucky:
22Section 1.       This honorable body affirms that the impeachment powers of the
23 General Assembly remain inviolate and declares that those powers cannot be limited,
24 circumscribed, or otherwise violated by the Kentucky Supreme Court or anyone else.
25Section 2.       This honorable body declares that the Kentucky Supreme Court's
26 opinion of April 6, 2026, is unconstitutional, null, and void.
27Section 3.       This honorable body declares that House Resolution 124 and the
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1 Articles of Impeachment against Judge Goodman were properly adopted and remain
2 valid.
3Section 4. This honorable body declares that when a judge abuses the powers of
4 the office she holds, she commits a misdemeanor in office for which impeachment and
5 removal from office is warranted, consistent with the first Article of Impeachment set
6 forth in House Resolution 124.
7Section 5.      This honorable body declares that when a judge defies binding
8 precedents established by the highest courts of this Commonwealth, she commits a
9 misdemeanor in office for which impeachment and removal from office is warranted,
10 consistent with the second Article of Impeachment set forth in House Resolution 124.
11Section 6.      This honorable body declares that when a judge defies statutes
12 enacted by the General Assembly and defies rules of the Kentucky Court of Justice, she
13 commits a misdemeanor in office for which impeachment and removal from office is
14 warranted, consistent with the third Article of Impeachment set forth in House Resolution
15 124.
16Section 7.     This honorable body declares that when a judge interferes with the
17 rights and powers of the grand jury, trial court jurors, attorneys, and others to perform
18 their respective roles with the Court of Justice, she commits a misdemeanor in office for
19 which impeachment and removal from office is warranted, consistent with the fourth
20 Article of Impeachment set forth in House Resolution 124.
21Section 8. This honorable body declares that when a judge abuses the powers of
22 the office she holds; defies binding precedents from the highest courts of this
23 Commonwealth, statutes enacted by the General Assembly, and rules of the Kentucky
24 Court of Justice; and interferes with the rights and powers of the grand jury, trial court
25 jurors, attorneys, and others to perform their respective roles within the Court of Justice,
26 she commits a misdemeanor in office for which impeachment and removal from office is
27 warranted, consistent with the fifth Article of Impeachment set forth in House Resolution
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1 124.
2Section 9.       This honorable body declares that it rejects the Kentucky Supreme
3 Court's unconstitutional opinion and order of April 6, 2026, as precedent that should
4 guide its exercise of its impeachment power in the future.
5Section 10.       This honorable body declares that it has the sole authority to tax
6 costs, attorney's fees, or other expenses in relation to impeachments, that no costs,
7 attorney's fees, or other expenses shall be taxed or assessed related to any impeachment
8 or impeachment petition presented to or considered by the 2026 Regular Session of the
9 General Assembly, and that any attempt to do so is void.
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