By Jack Brammer
NKyTribune reporter
In one of the most consequential races in Kentucky on Election Day, incumbent Kentucky Supreme Justice Michelle Keller appeared to overcome a controversial effort by state Rep. Joe Fischer to use politics and dark money to defeat her.
Keller, of Fort Mitchell, who was initially appointed to fill a vacancy by former Democratic Gov. Steve Beshear and then won election to a full eight-year term to the state’s highest court in 2014, was ahead in the race late Tuesday night for the position on the state’s highest court. Its 6th District runs from Bracken to Shelby counties.
Justice Michelle Keller
Keller, a registered independent from Fort Mitchell, has been mentioned to be possibly the next chief justice of the Kentucky Supreme Court. The current chief justice, John D. Minton Jr. of Bowling Green, is retiring at the end of the year.
The chief justice is elected by his or her peers on the seven-member court, serves a four-year term and can be re-elected.
Duties of the chief justice include presiding at oral arguments and deliberations, overseeing administrative duties of the state’s courts system, approving the Federal Rules of Civil Procedure, informing legislators of the judicial branch’s budget and writing some opinions.
Keller’s race this year drew much media attention because her opponent, Fischer, made it partisan.
Judicial races in Kentucky are supposed to be nonpartisan – not affiliated with any political party.
Fischer, a Republican from Fort Thomas, was slapped twice for being partisan by a private, non-profit, nonpartisan organization created 16 years ago to safeguard the integrity of the judiciary in Kentucky judicial elections.
Fischer, who has not returned one call this campaign season from the Northern Kentucky Tribune seeking comments and information about his campaign, has been the subject of two reprimands by the Kentucky Judicial Campaign Conduct Committee.
In August, the nonprofit warned about Fischer’s emphasizing his campaign logo that identified him as “the conservative Republican.”
It said Fischer had the federal First Amendment right to publicize his political affiliation and records in public service but he was emphasizing too much his partisan affiliation.
Meanwhile, Fischer last month lost an attempt to block the state Judicial Conduct Commission from taking any action against him.
The commission is the only agency in the state authorized to take disciplinary action against a sitting judge. The Kentucky Supreme Court can review its work.
U.S. District Judge Karen Caldwell denied Fischer’s request to stop the state Judicial Conduct Commission from acting on complaints it had received about Fischer’s campaigning.
The ruling also applied to Court of Appeals candidate Robert Winter, who said he thinks the commission was coming at him.
Fischer and Winter appealed to the U.S District Court of Appeals. On Oct. 28, it held an injunction against the Commission, blocking it from taking any actions against the candidates.
Susanne Cetrulo
Fischer is known for his sponsorship of bills in the Kentucky General Assembly to restrict or ban abortion. He is the author of the state’s 2019 “trigger” law, which outlawed most abortions after the reversal of Roe v. Wade in June.
He was endorsed by anti-abortion groups Kentucky Right to Life and Northern Kentucky Right to Life. His campaign also has been helped by dark money from outside the state.
In unofficial results, Winter, who has practiced law for 38 years, lost a bid to the Kentucky Court of Appeals to incumbent Susanne Cetrulo.
He identified his Republican Party affiliation on his campaign website.
Cetrulo, who was in private practice for more than 30 years, said she thinks it is better for judicial races to be nonpartisan.
The Kentucky Court of Appeals has 14 members – two from each district. The 14 judges select one colleague to serve as chief judge, who assigns judges and cases to panels. They hear appeals from state circuit courts, with the exception of a few criminal cases, like the death penalty, which go directly to the Supreme Court.
In other contested Judicial races winners were:
• Terri King Schoborg, Circuit Judge 16th Judicial Circuit 3rd Division
• Mary K Kate Molloy, Circuit Judge 16th Judicial Circuit 4th Division
• Tom Rauf, Circuit Judge Family Court 16th Judicial Circuit 6th Division
• Julie Reinhard Ward, Circuit Judge 17th Judicial Circuit 1st Division,
• Dan Zalla, Circuit Judge 17th Circuit 2nd Division
• Abigail Voelker, Circuit Judge Family Court 17th Judicial Circuit 3rd Division
• Kendra L. McCardle, Circuit Judge Family Court 54th Judicial Circuit 2nd Division
To see results for all judicial races in Kentucky, click here.
