Court of Appeals Judge R.W.Dyche retires June 17th, remains unopposed for November election for same office

The Court of appeals in several decisions issued on June 30th,  announced in  footnotes that Court of Appeals Judge R.W. Dyche had formally retired on June 17th, from  the Court of Appeals.

Dyche is listed by the Secretary of States Election records as an unopposed candidate for re-election in this November’s election for the 3 rd Appellate, District 1st of the Court of Appeals (his prior seat). 

 If Dyche assumes office for a new term he may be eligible to draw a full salary and draw substantial judicial retirement benefits.

In the case of Cornett v. Board of Trustees of Kentucky Judicial Form Retirement System, 764 S.W.2d 644 (Ky.App. 01/27/1989) the court stated:

The Kentucky Court held in Maybury v. Coyne, Ky., 312 S.W.2d 455 (1958) that, in the absence of a provision providing for forfeiture of a retirement pension for a public officer or employee upon his return to employment by the entity by which he was previously employed,
 he may continue to draw the pension during that period of employment.

This raises a question of what it means to retire.  In a prior decision issued by the Court of Appeals in a case involving a municipal police officer the Court of Appeals says Retired means Retired. This rule apparently does not apply to the judicial retirement program.

Judge Dyche is not known to have stated if he will apply for retirement benefits, and also draw the regular salary of the office after Jan. 1, 2007.  It is also possible that he will withdraw from the race for re-election.  In that event the judicial nominating commission would nominate three candidates for the vacancy, and the Governor would fill the vacancy created, by selecting one of the three nominees.

This provision in the 2006 Judicial Budget Bill appears to prohibit “double dipping? by judges who retire and get re-elected.

10. Judicial Retirement: To achieve consistency with the Kentucky Court of Justice Personnel Policy Section 6.03(2),
with respect to non elected employees, the compensation payable to any Justice or Judge[, elected after January 1, 2007],
(Veto #3) receiving retirement benefits from the Judicial Retirement Plan on account of prior judicial service shall be fixed at
an amount whereby his or her total salary and retirement benefits shall not exceed the salary fixed for the judicial office held.

 

Kentucky Chief Justice Joseph Lambert has opposed double dipping by Judicial officials.

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