- Associated Press - Thursday, June 5, 2014

ASHLAND, Ky. (AP) - The Kentucky Court of Appeals has issued a ruling in favor of an eastern Kentucky judge seeking a judicial seat that he formerly held.

The Independent (https://bit.ly/1oeZF8X) reports the appeals court on Wednesday overturned a lower court’s decision that Marc I. Rosen wasn’t a valid candidate in the election due to a new state law.

Rosen has filed suit over the legislation, saying it deprives him and a few other senior-status judges from running for office. Rosen filed for Boyd Circuit judge despite the law, which prescribes a five-year term for senior judges and prohibits them from becoming candidates for office during that time period. Previously, the judges committed to working 600 days.

Rosen argued that he completed his 600 days before his five-year term ended on January 31. The primary filing deadline was January 28.

The appeals court found that special Judge John David Caudill erred by disqualifying Rosen before Franklin Circuit Court had ruled in his lawsuit or considering himself whether the new law was constitutional.

“Our review of the record makes abundantly clear that a ruling on (Rosen’s) bona fides without considering the constitutionality of the statute placed Judge Rosen in a legal quagmire,” the majority opinion by Judges Kelly Thompson and James H. Lambert states. “We are convinced that it was incumbent upon the trial court to either address the constitutional question underpinning the controversy or to defer any ruling until the Franklin circuit Court had resolved the constitutional question.”

Caudill’s ruling was on a petition filed by Ashland attorney Roger Hall, who challenged whether Rosen, who had previously served as a district and circuit judge for the area, qualified as a candidate under the new law.

At least one other judge has filed suit over the law.


Information from: The Independent, https://www.dailyindependent.com



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