Staff report
Secretary of State Michael Adams filed a strongly-worded response to a lawsuit asking a Kenton Circuit Court Judge to remove from the ballot Benjamin G. Dusing’s name as a candidate for Kenton County Family Court Judge.
Basically, he called the lawsuit nonsense and asked that it be dismissed.
Adams is the Commonwealth’s Chief Election Officer.
The lawsuit was filed by attorney Brian Halloran against Dusing, Adams, Gabrielle Summe (Kenton County Clerk), and the state Board of Elections. It asked that Dusing’s name be removed from the ballot because he is currently under “temporary suspension” from the practice of law.
Secretary of State Michael Adams
Dusing has 90 days from the date of the suspension order to respond to it and satisfy the state Supreme Court that he has sufficiently met the conditions of the suspension, which includes a satisfactory psychological evaluation. Dusing has said he is in the process of meeting the Court’s demands.
The lawsuit was heard yesterday in the court of Kenton Circuit Judge Kathleen Lape, who listened to the arguments and took the matter under advisement. She said she plans to rule expeditiously because the primary election is set to take place May 17.
Secretary Adams’ response, filed by Zachary Hoskins of the Louisville law firm Landrum & Shouse, asked for an expedited dismissal of the lawsuit.
Adams reasoning is that bar licensure is not required to be a candidate and that Dusing should be allowed to “stand for election.”
Adams notes that he is not taking a position as to whether the candidate is fit for office as he does not “favor or disfavor” any candidate. But he does refer to the “plain language” of the Kentucky Constitution.
The constitution requires bar licensure “to be eligible to serve as a judge.” Since the Supreme Court has only “temporarily suspended” Dusing’s license, it remains to be seen what his status would be at the time he might actually serve as a judge. Adams argues that in considering the lawsuit, the court must “view the facts in the light most favorable to (Dusing)” since the “temporary suspension” can be remedied.
Adams cites the eligibility requirements for a judge of the Circuit Court: “a person must be a citizen of the United States, licensed to practice law in the courts of the Commonwealth, and have been a resident of the Commonwealth and of the district from which he is elected for two years next preceding his taking office” and “must have been a licensed attorney for at least eight years.”
When Dusing filed as a candidate for Kenton County Family Court Judge, he met those qualifications, and Adams argues he can meet them again by the time he might potentially take office.
“Eligibility,” Secretary Adams argues, means legally qualified at the time a person takes office. “It remains to be seen whether (Dusing) will comply with those conditions and regain his license to practice law before the date for taking office; if so, that is all that the Kentucky Constitution requires for him to be eligible to serve.”
“The Supreme Court of Kentucky’s order gives conditions for reinstatement,” Adams’ motion says. “Conceivably, (he) could fulfill all conditions and regain his license to practice law before the date for taking office; if so, that is all that the Kentucky Constitution requires for him to be eligible to serve.”
Dusing is one of three candidates on the ballot in the May primary for Kenton Family Court Judge. Two of the candidates will advance to the general election in November. The other two candidates are Terri King Schoborg and Carl Knockelmann Jr.
