Daily Independent (Ashland, KY)

April 4, 2014

Ruling in Rosen suit stands

State appeals court to take look at case

Tim Preston
The Independent

CATLETTSBURG — A judge has declined to reconsider his ruling that former circuit judge Marc Rosen’s candidacy to run for his old office is invalid.

The ruling was not a surprise and is not a setback, however, Rosen said.

Floyd Circuit Judge John David Caudill on Tuesday let stand a ruling he made early in March in a suit filed by two Ashland attorneys challenging Rosen’s validity as a candidate. The suit contends it was illegal for Rosen to file for office when he did.

Rosen said Thursday the ruling had been expected and his motion to reconsider was a procedural step.

Rosen has not run out of legal options, however. He has asked the state appeals court to set the ruling aside.

Also, the constitutionality of the law under which Rosen’s candidacy was denied has been called into question.

A Franklin circuit judge has ruled it violates Kentucky’s constitution by adding qualifications to run for office, and the constitution itself sets the qualifications.

Rosen’s eligibility was challenged under House Bill 427, which prohibits any judge in the senior-status program from running for any elected office during the five-year term of the program.

The law was crafted to eliminate “double-dipping,” or being on the state payroll as an elected official while drawing a state pension.

Rosen’s five-year term ended after the filing deadline for the circuit race he wanted to enter.

The program commits senior-status judges to serving for 600 days, which Rosen had done before the filing deadline, and he filed a suit of his own saying that should make him eligible to run.

Rosen had filed to oppose Circuit Judge George W. Davis III, who has the judgeship from which Rosen retired in 2009.

MIKEā€ˆJAMES can be reached at mjames@dailyindependent.com or (606) 326-2652.