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Judge Bushelman vacancy to be filled through nominating committee process; on ballot for 2018


The Administrative Office of the Courts has told the NKyTribune that the process for replacing Judge Lisa Bushelmen will be by first filling the vacancy through the Judicial Nominating Commission.

Since the vacancy has occurred after the deadline for filing for election on the November, 2016 ballot and there are no elections scheduled for 2017, the seat will be up for vote on the 2018 ballot.

An agreement between Bushelman, who took ‘temporary retirement’ in May, and the Judicial Conduct Commission on August 19 resulted in her permanent “disability retirement” effective immediately.

Lisa Bushelman and her children

Lisa Bushelman and her children

Bushelman was Family Court Judge for the 16th District Circuit, serving Kenton County. She was granted her request for leave on May 3, which was to end September 1, based on medical reasons.

She had been re-elected to the judgeship in 2014 for a term that extends through 2022. Her replacement — determined through the Judicial Nominating Commission process — will serve through 2018, the next available election date.

The order says that Judge Bushelman’s medical issues continue and the parties have agreed that these issues “will seriously interfere with the future performance of her duties.”

Retired Judge Michael ‘Mickey” Foellger was named to serve as Family Court judge while Bushelman was on leave.

The nature of Bushelman’s medical issues are private.

Here is the what the Judicial Nominating Commission is charged to do:

 Judicial Nominating Commission

The Judicial Nominating Commission helps fill judicial vacancies by appointment when a vacancy occurs outside of the election cycle. The Kentucky Constitution established the Judicial Nominating Commission (KY. CONST. § 118; SCR 6.000, et seq.).

Composition of the Judicial Nominating Commissions

There are currently 61 nominating commissions in Kentucky, one for the Supreme Court and Court of Appeals, one for each judicial circuit and one for each judicial district. If the circuit and district have the same boundaries, then one commission serves both.

Each commission has seven members and is comprised of the chief justice of Kentucky (who also serves as chair), two attorneys elected by all attorneys in the vacancy’s jurisdiction and four non-attorney Kentucky citizens who are appointed by the governor. The four citizens must equally represent the two major political parties.

A JNC member must be a resident of the circuit or district he or she represents and may not hold any other public office or hold an office in a political party or organization.

JNC members serve four-year terms. Members are not compensated for their services, but are reimbursed for expenses for the days they perform their duties. The executive secretary of the JNC provides administrative support for, and maintains the records of, the nominating commissions.

Application Process

When a judicial vacancy occurs, the executive secretary of the JNC notifies all attorneys and the public in the affected judicial circuit or district. Attorneys can recommend someone or nominate themselves. Interested attorneys must complete an application and return it to the executive secretary of the JNC.

The chief justice meets with the JNC to select three nominees and then forwards those names to the governor. The names of the three nominees are listed in alphabetical order without indicating the commission’s preference. The governor must appoint a judge from this list of three. If the governor does not appoint a judge within 60 days of receiving the list of nominees, the appointment is made by the chief justice from the list of nominees.

See NKyTribune’s earlier stories on Judge Bushelman here and here

Click image to read entire order.

Click image to read entire order.


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