A RESOLUTION resolving the Senate as a Court of Impeachment and providing for the adoption of the Rules of Procedure therefor.

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A RESOLUTION resolving the Senate as a Court of Impeachment and providing 1
for the adoption of the Rules of Procedure therefor. 2
WHEREAS, the House of Representative s has, during the 2026 Regular Session of 3
the General Assembly, issued Articles of Impeachment against Julie Muth Goodman, 4
Circuit Judge for the 22nd Judicial Circuit consisting of Fayette County, which 5
determined that she abused the powers of the office s he holds; she defied binding 6
precedents established by the highest courts of this Commonwealth; she defied statutes 7
enacted by the General Assembly and defied rules of the Kentucky Court of Justice; and 8
she interfered with the rights and powers of the gran d jury, trial court jurors, attorneys, 9
and others to perform their respective roles within the Kentucky Court of Justice; and 10
WHEREAS, the House of Representatives has appointed a committee to prosecute 11
the Articles of Impeachment before the Senate, and th e chairman of that committee, 12
within five days after the impeachment was ordered, did lay the Articles before the 13
Senate; and 14
WHEREAS, the Senate does now designate the day and hour to commence hearing 15
the impeachment, and the Respondent, Julie Muth Goodma n, shall be summoned by 16
precept issued by the Clerk of the Senate to appear before the Senate on that date; 17
NOW, THEREFORE, 18
Be it resolved by the Senate of the General Assembly of the Commonwealth of 19
Kentucky: 20
Section 1. The Senate now resolves itself into a Court of Impeachment for the 21
purpose of hearing the impeachment and designates April 6, 2026, at the hour of 9 a.m. 22
EDT for a hearing, continuing day to day until concluded, and that the President of the 23
Senate and the members of the Senate or the committee appointed pursuant to Section 2 24
of this Act shall take the oath prescribed by KRS 63.050, and that the Clerk of the Senate 25
shall make proper record in the Journal of the names of all Senators who take the oath. 26
Section 2. Pursuant to Senate Rule 39A, the President of the Senate will direct 27
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the appointment of a committee to receive evidence and take testimony at such times and 1
places as set forth in this Resoluti on and make a finding of whether the accused shall be 2
convicted or acquitted of the charges found in the Articles of Impeachment. The 3
President of the Senate shall appoint a chairman of the committee. The committee shall 4
exercise all the powers and functions conferred upon it by the Senate and President of the 5
Senate under the impeachment Rules of Procedure as set forth in this Resolution and 6
approved by the Senate when sitting as a Court of Impeachment. Unless otherwise 7
ordered by the Senate, the committee shall follow these impeachment Rules of Procedure 8
of the Senate when sitting as a Court of Impeachment. 9
Section 3. The Clerk of the Senate shall inform the House of Representatives 10
and the committee thereof appointed to prosecute the impeachment that the Senate has 11
resolved itself into a Court of Impeachment, that the Clerk shall summon the Respondent 12
by precept to appear on that day and hour for the hearing, and that the Clerk shall, at the 13
instance of the committee chair and at the instance of the accused, issue process for the 14
summoning of witnesses and the production of such books, papers, documents, or 15
tangible things as may be desired by the committee or the Respondent. If the House has 16
previously communicated with the Respondent, service of the summons by email and 17
certified mail shall be deemed sufficient. 18
Section 4. Follow ing the hearing and pursuant to Senate Rule 39A, the 19
appointed Senate committee shall present a written report of its findings to the full 20
Senate, which shall include the recording of the proceedings, evidence received and 21
testimony presented to the commit tee, and findings of whether the accused shall be 22
convicted or acquitted of the charges in the Articles of Impeachment. That report shall be 23
received by the Senate, and the evidence received and the testimony taken shall be 24
considered as having been receiv ed and taken before the Senate, and subject to the right 25
of the Senate to determine competency, relevancy, and materiality. Nothing herein shall 26
prevent the Senate from sending for any witness and hearing his or her testimony in the 27
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open Senate, or by order of the Senate having the entire trial in the open Senate. 1
Section 5. For the purpose of the governing the procedures at the impeachment 2
hearing, there are hereby adopted by the Senate the following rules: 3
RULES GOVERNING THE SENATE OF THE 4
COMMONWEALTH OF KENTUCKY 5
SITTING AS A COURT OF IMPEACHMENT 6
(1) Rules of Procedure 7
Except as otherwise provided, and when not in conflict with these Rules, the 8
Standing Rules of the Senate shall apply, and the presiding officer shall r etain the 9
authority to invoke the Rules of the Senate. 10
(2) Rules of Evidence 11
When not in conflict with these Rules or the Rules of the Senate, the rules of 12
evidence used in courts of general jurisdiction in the Commonwealth shall serve as a 13
guide. However, variation from the rules of evidence may be permitted, and reliable 14
evidence admitted, subject to the same being determined relevant, whenever the interests 15
of justice require. 16
(3) Floor Privileges 17
Senators; members of the House Committee and its counsel and staff; personnel of 18
the Court of Impeachment; the Presiding Officer and counsel; the Respondent and 19
counsel; and those with proper identification as issued by the Clerk of the Court of 20
Impeachment shall be permitted within the Senate Chambers during the trial. 21
(4) Marshal of the Court of Impeachment 22
The Court of Impeachment shall appoint a Marshal, who shall be the Sergeant at 23
Arms of the Senate, and an Assistant Marshal. 24
(5) Clerk of the Court of Impeachment 25
The Clerk of the Senate shall serve and be r eferred to as the Clerk of the Court of 26
Impeachment and shall administer the oath to all witnesses, keep the Journal of the 27
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Senate sitting as a Court of Impeachment, and perform all other duties usually performed 1
by a clerk of a court of record in this Com monwealth. An Assistant Clerk may also be 2
appointed. 3
(6) Presiding Officer 4
When the Senate sits as a Court of Impeachment, the President of the Senate shall 5
preside, unless another Presiding Officer is appointed. 6
(7) Eligibility of Senators 7
Each Senator sh all, by virtue of his or her office, be eligible to participate in the 8
impeachment proceedings, and no senator shall be subject to disqualification except as 9
provided in Rule 8. 10
(8) Attendance 11
No member of the whole Senate or the committee appointed pursua nt to Senate 12
Rule 39A, whichever is receiving evidence, shall cast a final vote on the Articles of 13
Impeachment on which the member has not heard a substantial portion of the testimony 14
and evidence or reviewed the video tapes of those portions of the testim ony and evidence 15
which the member did not hear. Members of the Senate shall be present to vote on the 16
final report of the committee appointed pursuant to Senate Rule 39A. 17
(9) General Powers 18
The Senate shall have the power to compel the attendance of witnesses, to enforce 19
obedience to its orders, precepts, summons, and judgments; to preserve order; to punish 20
in the manner prescribed by law contempt of or disobedience of its orders, precepts, 21
summons, or judgments; and to make all lawful orders and rules as it may deem 22
necessary for the performance of its duties as a Court of Impeachment. 23
(10) Immunity 24
The parties, which include the House Committee and respondent, shall not call 25
Senators, members of the House Committee, its counsel and staff, the Presiding Officer, 26
counsel, or staff of the Court of Impeachment or Legislative Research Commission as 27
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witnesses, and shall not subpoena their personal records or work papers. 1
(11) Representation 2
The House of Representatives shall be represented by an appointed Committee and 3
its counsel and staff. The Respondent shall appear in person or by counsel. 4
(12) Pretrial Conference 5
Counsel for the parties may meet with the Presiding Officer on his or her order or 6
on motion by any party, at a time set by the Presiding Officer, to rule on preliminary 7
motions, stipulate to facts and exhibits, and address issues that will expedite trial. 8
(13) Communications From Respondent 9
There shall be no communication, either directly or indirectly, from the Respondent 10
to any Senator unless it is submitted, in writing, by counsel for the Respondent, directly 11
to the Clerk of the Court of Impeachment. Co mmunications shall be restricted to 12
information which would be admissible in a court of law. The Presiding Officer shall rule 13
on the admissibility of the communication. 14
(14) Communications From Individuals 15
At the time the Senate resolves itself into a Cour t of Impeachment, no individual, 16
except another Senator, shall communicate any information relating to the impeachment 17
to a Senator within the Senate Chambers. Senators shall immediately report any 18
communication prohibited by this Rule to the Presiding Off icer. Violation of this Rule 19
may be subject to punishment as provided in Rule 9 and Rule 27. 20
(15) Appearance 21
(a) The Senate shall appoint a day for hearing the impeachment. The Respondent 22
shall be summoned by precept, issued by the Clerk of the Court of Im peachment, to 23
appear on that day. The precept shall be served in person along with a copy of the 24
Articles of Impeachment and a copy of the Senate Resolution adopting these Rules by the 25
Marshal of the Court of Impeachment, the Assistant Marshal, or an offic er of the 26
Kentucky State Police. Return of service shall be noted on the precept. 27
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(b) The precept shall be issued at least seven days before the day appointed for 1
trial. 2
(16) Subpoenas 3
(a) Subpoenas shall be issued by the Clerk of the Court of Impeachment for the 4
summoning of witnesses and the production of books, papers, documents, or tangible 5
things, on written application of the parties of their counsel. The Clerk may issue 6
Subpoenas in blank. A Senator may request a subpoena through the Clerk, which sha ll 7
issue if either party concurs. If neither party concurs with the request, a subpoena shall be 8
issued on a motion by the Senator, a second to the motion, and a vote of a majority of the 9
Senators present. The Senator may explain the reasons for his or her request and the vote 10
shall be taken without debate. All requests for subpoenas shall be made and issued at 11
least three days before the witness is scheduled to testify or produce books, papers, 12
documents, or tangible things at the hearing. 13
(b) Service of process for subpoenas shall be by personal service executed by 14
officers appointed by the Court of Impeachment or other officers authorized by law to 15
serve process in the Courts of Justice of the Commonwealth. Return of service shall be 16
noted on the subpoena. 17
(c) Upon disobedience to any process, the Senate may order the Clerk of the 18
Court of Impeachment to issue process for arresting the witness and seizing the books, 19
papers, documents, or tangible things which have been subpoenaed. Disobedience may be 20
punished in the manner provided for other witnesses before the General Assembly. 21
(d) A witness shall receive the same compensation, and have the same privileges 22
in going, remaining, and returning, as a witness in Circuit Court. 23
(17) Initial Appearance by Respondent 24
On the day appointed for the trial of the impeachment, the legislative business of 25
the Senate will be suspended, except as otherwise ordered by the Senate. At the time 26
fixed in the precept for the appearance of the Respondent and on proof of service, the 27
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Respondent shall be called to appear and answer the Articles of Impeachment. If she 1
appears or counsel on her behalf, the appearance shall be recorded. If she does not appear 2
either personally or by counsel, the same shall be recorded and the impeachm ent 3
proceedings conducted as though she were present and had entered a plea of not guilty. 4
(18) Answer 5
The Respondent shall answer, in writing, the Articles of Impeachment prior to the 6
opening of the trial of the impeachment. The answer shall be filed with the Clerk of the 7
Court of Impeachment. 8
(19) Order of Proof 9
After preliminary motions are heard and decided, the House Committee or its 10
counsel may make an opening statement not to exceed thirty minutes. The Respondent or 11
her counsel may then make an openi ng statement not to exceed thirty minutes. The 12
Presiding Officer shall determine the order of the presentation of evidence. Closing 13
arguments shall follow the presentation of all evidence to the Court of Impeachment and 14
shall not exceed one hour. On motion of either party before closing argument, the time 15
for closing argument may be extended by a vote of a majority of the Senators present. 16
The argument shall be opened and closed by or on behalf of the House Committee. 17
The Senate shall hear all evidence rela ted to the Articles of Impeachment before 18
casting the final vote on the Articles of Impeachment. 19
(20) Oaths 20
(a) The following oath or affirmation shall be administered to each Senator and 21
the Presiding Officer by the Chief Justice of the Commonwealth or an Associate Justice: 22
"I do solemnly swear or affirm that I will faithfully and impartially try the 23
impeachment against Julie Muth Goodman, Circuit Judge, and give my decision 24
according to the law and the evidence." 25
(b) Before any witness shall give his or h er testimony, the Clerk of the Court of 26
Impeachment shall administer to the witness the following oath or affirmation: 27
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"Do you solemnly swear or affirm that the testimony you shall give in the matter of 1
the impeachment of Julie Muth Goodman, Circuit Judge, shall be the truth, the whole 2
truth, and nothing but the truth, so help you God?" 3
(21) Witnesses 4
All witnesses shall be examined by the party producing them or its counsel, and 5
then cross -examined by the opposite party or its counsel. Only one attorney fo r each 6
party may examine each witness. The Presiding Officer may permit re-direct examination 7
and may permit re -cross examination. After completion of questioning by counsel, any 8
Senator desiring to question the witness shall be permitted to do so. If obje ction to a 9
Senator’s question is raised by counsel for either party or by a Senator, the Senator 10
desiring to question the witness may request a vote on the objection by a majority of the 11
Senators present. 12
(22) Motions 13
(a) The Presiding Officer may rule on all objections, motions, pleas, and 14
procedural questions made by the parties or their counsel. The ruling of the Presiding 15
Officer shall be the judgment of the Senate unless any Senator requests the Presiding 16
Officer to su bmit the question to be decided by a vote of a majority of the Senators 17
present. 18
(b) On motion of any Senator and a vote of a majority of the Senators present, or 19
at the request of the Presiding officer, the party shall commit the motion, plea, or 20
procedural question to writing. 21
(c) Except as otherwise provided, arguments by parties or their counsel on 22
motions shall be permitted only with a vote of a majority of the Senators present and shall 23
not exceed fifteen minutes, unless further extended by a majority vote. 24
(d) Roll call votes may be requested by a Senator and shall be taken if five 25
additional Senators concur in the request by standing. 26
(23) Verdict, Judgment, and Costs 27
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(a) After closing arguments, all qualified Senators shall be required to vote on the 1
question of whether to sustain the Articles of Impeachment. A vote to sustain the Articles 2
shall be based on clear and convincing evidence that the Articles are true and that the 3
Articles constitute impeachable offenses. The vote on whether to sustain shall be taken as 4
a roll call vote. 5
(b) If the Respondent is acquitted on the Articles of Impeachment, a judgment of 6
acquittal shall be pronounced and entered on the Journal on the Court of Impeachment. 7
(c) If two -thirds of the Senators present vote to sus tain the Articles of 8
Impeachment, the Court of Impeachment shall, by resolution, pronounce judgment of 9
conviction and removal from office under the Constitution. The resolution shall be 10
entered upon the Journal of the Court of Impeachment. 11
(d) A copy of the judgment shall be filed in the Office of the Secretary of State. 12
(e) In an impeachment proceeding prosecuted before the Senate, if the 13
Respondent is acquitted, the Commonwealth shall pay the costs of the Respondent. If the 14
Respondent is found guilty, she shall pay the Commonwealth the costs incurred in behalf 15
of the prosecution. Costs shall be taxed by the Clerk of the Court of Impeachment. In no 16
event shall costs include attorney's fees incurred by the Commonwealth or the 17
Respondent. 18
(24) Official Record 19
The transcript of the proceedings of the Senate sitting as a Court of Impeachment 20
shall be the recordings produced by Kentucky Educational Television/Legislative 21
Research Commission YouTube Channel. 22
(25) Instruction 23
At any time, on his or her own motion or on request of a Senator, the Presiding 24
Officer may instruct the Senators on procedural matters. 25
(26) Conferences 26
At any point during the proceedings and on the request of any Senator, there shall 27
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be an immediate conference of all the Senators present. C onferences provided for under 1
this Rule may be closed on a vote of a majority of the Senators present. 2
(27) Prohibited Conduct 3
Threats against or interference with the Court of Impeachment may be prosecuted 4
as provided by law. 5
(28) Amendments to Rules 6
These Rules may be suspended or amended by a vote of two -thirds of the Senators 7
present. 8