Kentucky Court System Defies Legislature In Pay Dispute.

The Kentucky Supreme Court's administration powers have been called into question by Legislators over appropriation made for raising the pay of Deputy Clerks.

Speaking for the judicial branch, the legislative chairman for the Kentucky Circuit Court Judges Association said "We cannot permit them to micromanage how that budget is spent," citing the possibility of "a lot of mischief there."

The judiciary cites the 1980 State Supreme Court case, Ex Parte Auditor of Public Accounts, 609 S.W.2d 682, 683 (Ky. 1980), (which held, among other things, Pursuant to Section 116 of the Kentucky Constitution, the Kentucky Supreme Court is vested with exclusive jurisdiction over the regulation of the practice of law) for support.

The Legislature, through a member, Rep. Robin Webb, suggests "that is just disturbing to me as an attorney that my judicial branch would do that," and that "it doesn't surprise me with that bunch that they would flagrantly disregard legislative intent in the law," while the Chair. of the senate judiciary committee reminded the judiciary that "They are interpreters, they are not policy-makers."

You suppose all this talk will lead to a lawsuit? No chance, as the Legislature recognizes reality when it sees it.

"If we were to file a lawsuit, they would hear it," House Appropriations and Revenue Chairman Harry Moberly Jr. said. "It would be very difficult for us to win a lawsuit involving the courts, so they will probably be able to get away with it."

End of story? No chance there, either.

Concluding, Rep. Moberly left an unmistakable threat for the judicial branch: "But it will not be viewed very favorably by the General Assembly and it probably will affect their funding the next time."

Stay tuned.