LEXINGTON, Ky. — Despite a circuit judge’s ruling that voided the resolution impeaching Fayette Circuit Judge Julie Muth Goodman, her April trial in the state Senate will continue as planned, lawmakers say.

Tuesday morning, Franklin Circuit Judge Phillip Shepherd voided Goodman’s March 20 impeachment in the House, saying she committed no offenses or misconduct that rose to the level of impeachable conduct.

But Shepherd also wrote that he would “not enjoin proceedings in the Senate” and that the chamber has “numerous options before it in dealing with HR124, and the Court will not presume that it will act in a manner inconsistent with its constitutional obligations” or his order.

Lawmakers told the Herald-Leader the Senate trial will occur, tentatively taking place April 16. Lawmakers previously said it could begin as soon as April 6.

Senate President Robert Stivers, R-Manchester, said Shepherd has no “constitutional authority” to void the impeachment, and even so, his ruling has no influence on the Senate.

“It would be like me sending a resolution over (to Shepherd’s court) saying you can’t try a case when it is clear,” Stivers said. “But that is something that Judge Shepherd continually does.”

Republican criticism of Shepherd is nothing new. His rulings regularly drew the ire of former GOP Gov. Matt Bevin, who called him a “political hack” and an “incompetent hack.” The Republican Party of Kentucky posted to social media in 2016 criticizing Shepherd as well.

Stivers himself also hosted a fundraiser for Joe Bilby, who lost a bid to unseat Shepherd in 2022. Stivers said at the time he felt the court was “automatically slanted and tainted towards the other side of the legislature” and was “looking just for fairness.” After the election, Bilby later joined the staff of the House GOP majority.

How Goodman was impeached

Killian Timoney, a former Republican lawmaker seeking to win back his Lexington-area House seat this year, filed the impeachment petition in January, arguing Goodman had abused her office. He cited six particular cases in Goodman’s courtroom as grounds for impeachment.

Timoney said the six cases showed Goodman abused her position by flouting the law to make decisions she thought were proper.

Goodman responded to the petition calling it “frivolous,” and cited several reasons it should be dismissed by the House impeachment committee. However, lawmakers proceeded and heard testimony against Goodman.

Goodman sued in Franklin Circuit Court, saying the proceedings violated her due process rights. As a judge, she cannot comment on pending litigation due to professional ethics. In six of the cases referenced in her petition, five at the time were ongoing. Goodman argued she could not defend herself in the proceedings while still upholding her duty as a judge.

Goodman asked several courts, beginning with Shepherd’s, to intervene and halt the proceedings, arguing her due process rights were being violated. Shepherd declined earlier this month to intervene, and Goodman took that fight to the appeals court, and then the Kentucky Supreme Court, where it remains now for consideration.

What’s next for Goodman’s Senate trial?

While Shepherd originally said that he could not intervene to stop Goodman’s proceedings, his Tuesday order voided the House’s resolution after his court received input from all the attorneys.

Missing from the hearings is Timoney, whose petition kickstarted the process to remove Goodman from the bench and is listed as a defendant in her civil suit. Timoney has not appeared or responded to any proceedings in Shepherd’s court. He did not appear, or testify, at Goodman’s House impeachment hearing.

Timoney has not responded to the Herald-Leader’s requests for comment.

He has not filed any documents with the state Supreme Court, who has a request from Goodman that seeks emergency relief to stop the Senate trial from taking place.

The Supreme Court would not comment about the case’s proceedings. It is unclear when it will issue a ruling.

But lawmakers are adamant they have a constitutional right to move forward — and plan to.

In a statement from Rep. Jason Nemes, R-Middletown, who will serve as a prosecutor in the trial, he said the General Assembly has the right to impeach. He is listed as the primary defendant in Goodman’s civil suit.

“Our plans going forward are to present the case to the Senate,” Nemes said Tuesday. “They put together a committee that will receive the evidence, and then that committee will make a recommendation to the full Senate. And so the role of the House is to present that evidence to the committee.”

House Speaker David Osborne, who is listed as a defendant in Goodman’s litigation, said he did not think Shepherd’s order did anything to hinder the Senate trial.

The three men — Timoney, Nemes or Osborne — could appeal Shepherd’s ruling. They did not say whether they intended to do so.

“We intend to proceed on our prosecuting committee met with the Senate (Tuesday) to develop a pre-trial schedule,” Osborne told the Herald-Leader. “I believe that that trial will commence on tentatively, on April the 16th.”

The Senate is the only body allowed to be present at the hearings after sine dine. The only House members attending are those serving as prosecutors. They are: Rep. John Blanton, R-Salyersville; Rep. Jennifer Decker, R-Waddy; Rep. Steven Doan, R-Erlanger; Rep. TJ Roberts, R-Burlington; and Nemes.

If convicted in the Senate, Goodman would no longer serve as a judge in Fayette County. She would be the first judge in Kentucky’s modern court system to be removed from the bench.

Additionally, the constitution would also bar her from holding public office again. However, she would be allowed to maintain her law license, which she has held for more than 40 years. Disbarment can come only from the Kentucky Supreme Court.

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—Politics reporters Hannah Pinski and Austin Horn contributed reporting to this story.

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