Published: October 23, 2009 05:52 pm      

Kelly nominated for circuit judge's seat

Beshear appointment would create another opportunity for Democrats

FRANKFORT — As expected, Republican Sen. Dan Kelly is one of three people nominated by a judicial nominating committee to fill a vacant judicial seat for the 11th Circuit which covers Green, Marion, Taylor and Washington counties.

The other two nominees are Bryan Edward Bennett of Campbellsville and Todd Spalding of Lebanon. Gov. Steve Beshear will choose one of the three to fill the vacant seat on the bench until next year’s election when the position will be on the ballot.

Kelly has made no secret of his wish to run for the seat when it’s on the ballot and speculation grew throughout the spring and summer that Beshear would appoint him to the vacancy in order to create a special election for Kelly’s senate seat.

Republicans presently hold a 20-17 majority with one independent. Should Kelly’s seat change hands, the majority would be only 19-18 – although Paducah Independent Bob Leeper usually votes with the Republicans.

The nominating commission does not release the names of all the applicants – only the three sent to the governor. The commission is chaired by Supreme Court Chief Justice John Minton. Members are two attorneys, James L. Avritt Sr. and Robert Spragens Jr. and three members of the public from the circuit: David R. Carney, Randall C. Sullivan, Blanche C. Minor and Shiela W. Newcomb.

If Beshear chooses to appoint Kelly, it would be the second time in less than six months he has used his appointment power to lure a Senate Republican out of the chamber. Last summer, Beshear appointed Sen. Charlie Borders, R-Grayson, to the Public Service Commission and Democrat Robin Webb, a Grayson attorney who previously served in the House, won his seat in a special election in August.

Beshear wants the General Assembly to pass legislation to allow electronic slots at race tracks, something opposed by Senate President David Williams, R-Burkesville. It passed the Democratic controlled House in a special session this summer, but failed in the Senate budget committee. Borders and Kelly voted against the measure.

Williams has said Beshear is single-mindedly pursuing expanded gambling and criticized his actions in appointing Republican Senators to jobs to change the balance in the Senate. He has said repeatedly he expects Kelly to get the appointment.

Beshear said Friday morning he would not act on the nominations that day and said he could not say who he would appoint until he saw the nominations.

The vacancy was created by the retirement of Douglas George. The job pays just over $124,000 which will also boost Kelly’s annual retirement. He can count the years of service in the legislature but use the highest three years of salary to calculate the retirement benefits.

Two prospective candidates for Kelly’s senate seat have already formed campaign fundraising committees: Republican state Rep. Jimmy Higdon of Lebanon and Democrat and former legislator Jody Haydon of Bardstown. Beshear is likely to call a special election quickly if he appoints Kelly to the bench.

Beshear has yet to call a special election to fill Webb’s House seat which covers Carter and Lewis counties. He could call the two special elections for the same date. When he appointed Borders to the PSC, Beshear called the special election, eventually won by Webb, on the same day Borders was appointed.

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.