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A RESOLUTION censuring Kentucky Supreme Court Justice Kelly Thompson for 1
his intemperate remarks that threatened attorneys and legislators participating in pending 2
impeachment proceedings with professional discipline and criminal prosecution, and 3
directing a complaint to be filed against him with the Judicial Conduct Commission. 4
WHEREAS, on March 20, 2026, the House of Representatives adopted House 5
Resolution 124, w hich approved five Articles of Impeachment against Julie Muth 6
Goodman, Circuit Judge for the 22nd Judicial Circuit consisting of Fayette County; and 7
WHEREAS, the five Articles of Impeachment in House Resolution 124 asserted 8
that Judge Goodman's conduct con stituted "misdemeanors in office" which are 9
impeachable under Sections 66, 67, and 68 of the Constitution of Kentucky; and 10
WHEREAS, on April 6, 2026, the Kentucky Supreme Court issued an opinion that 11
purported to exercise the Court's supervisory writ power under Section 110 of the 12
Constitution of Kentucky, which is textually limited in scope to "writs necessary in aid of 13
its appellate jurisdiction, or the complete determination of any cause, or as may be 14
required to exercise control of the Court of Justice, " over an impeachment proceeding 15
that is pending in the General Assembly, where the Kentucky Supreme Court's 16
supervisory writ power cannot reach; and 17
WHEREAS, the Kentucky Supreme Court purported to enjoin the General 18
Assembly from exercising powers that t he Constitution of Kentucky vests solely in the 19
General Assembly, which the Kentucky Supreme Court has no power to enjoin; and 20
WHEREAS, the Kentucky Supreme Court purported to announce a newly invented 21
principle that the scope of the impeachment power is l imited to "the rarest of 22
circumstances in which a sitting judge has committed either an actual, indictable crime or 23
an offense in office constituting the most reprehensible moral turpitude," which is a 24
principle the Kentucky Supreme Court has no authority to invent, announce, or enforce; 25
and 26
WHEREAS, in addition to joining with four other Justices in support of the 27
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majority opinion, Justice Kelly Thompson authored a separate concurring opinion which 1
was published on April 6, 2026; and 2
WHEREAS, Justice Thomp son's concurring opinion included the statement, 3
"Threatening to file inappropriate impeachment proceedings and following through on 4
them to disrupt a tribunal, influence the outcome of a case, and/or to disparage a judge 5
could result in KBA discipline for any lawyers involved if attorneys take actions in which 6
they are acting in bad faith"; and 7
WHEREAS, Justice Thompson's concurring opinion included the statement, 8
"Additionally, such actions can constitute the crime of intimidating a participant in the 9
legal process via use of a threat to influence or attempt to influence that person's vote, 10
decision, or opinion. This constitutes a Class D felony"; and 11
WHEREAS, Justice Thompson's two statements threaten attorneys and legislators 12
who are participating in current impeachment proceedings, or could participate in future 13
impeachment proceedings, with professional discipline and criminal prosecution; and 14
WHEREAS, Justice Thompson's statements violate, or threaten to violate, the right 15
to counsel that is protected by Sections 2 and 11 of the Constitution of Kentucky and the 16
Fifth Amendment to the Constitution of the United States; and 17
WHEREAS, Justice Thompson's statements violate, or threaten to violate, an 18
attorney's right to engage in protected speech and expressive conduct that is protected by 19
Sections 1 and 8 of the Constitution of Kentucky and the First Amen dment to the 20
Constitution of the United States; and 21
WHEREAS, Justice Thompson's statements violate, or threaten to violate, a client's 22
right to due process and equal protection under the law that are protected by Section 2 of 23
the Constitution of Kentucky a nd the Fifth and Fourteenth Amendments to the 24
Constitution of the United States; and 25
WHEREAS, Justice Thompson's statements are intemperate remarks that threaten 26
the constitutional rights of members of the General Assembly, attorneys providing legal 27
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counsel to the General Assembly, and others with professional discipline and criminal 1
prosecution; and 2
WHEREAS, Justice Thompson's intemperate remarks reflect poorly on his 3
judgment and raise serious questions about his fitness for the office he holds; and 4
WHEREAS, the Senate of the Commonwealth of Kentucky believes that Justice 5
Thompson's intemperate remarks should be evaluated by the Judicial Conduct 6
Commission and, upon a finding of good cause, should result in appropriate discipline; 7
NOW, THEREFORE, 8
Be it res olved by the Senate of the General Assembly of the Commonwealth of 9
Kentucky: 10
Section 1. The Senate hereby censures Justice Kelly Thompson for his 11
intemperate remarks which threaten attorneys and legislators who are participating in 12
current impeachment proceedings, or could participate in future impeachment 13
proceedings, with professional discipline and criminal prosecution. 14
Section 2. The Director the Legislative Research Commission is directed to file 15
a complaint in the name of the Senate against Justice Kelly Thompson with the Judicial 16
Conduct Commission, and to include a copy of this Resolution with the complaint. 17