Mr. Wes Collins of Winchester has filed papers with the Kentucky legislature seeking the impeachment of a Kentucky Family Court Judge.

Mr. Collins alleges that his petitions relating to the custody of his son have been improperly by the Judge and that his rights have been violated. The complaint apparently was handled by the Judicial Conduct Commission without a result to his liking. He seeks impeachment of the Judge by the legislature and alleges that the actions of the Family Court Judge justify her impeachment by the legislature.

Collins reports that he filed a similar petition last year with the State Senate, and is now filing with the House of Representatives.

We assume from his communication with LawReader that he has filed a complaint with the Judicial Conduct Commission and was not satisfied with the result.

He reports that in response to his petition that the House’s legislative counsel informed him:

“House Speaker Pro Tem Counsel Scott Jones said on the phone today that (the) committee on committees would assign it to judiciary. I objected saying an independent impeachment committee should be formed. I asked to be called upon and to be consulted in the C on C, and was told leadership would decide how it will go and they’ll get back to me. “

Collins gave us several citations of federal law, but these do not appear to apply to state procedures regarding removal of a judge. Impeachment appears to have been superceded in Kentucky by the Judicial Amendment to the Kentucky Constitution in 1976. In Kentucky the Judiciary has a procedure that handles complaints against sitting judges. It appears that Collins (who is not an attorney) is seeking to involve the legislature in a procedure that would bypass the constitutional procedures in Kentucky law.

It would appear that the impeachment powers of the legislature would only apply to executive branch employees and to legislative members.


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