Beth Musgrave of the Bluegrass Politics blog posted the following story on Daniel Kelly's appointment by the Governor. It was noted that the local bar association rated Kelly the most unqualified of those nominated AND that moved from the Senate to the judiciary was a definite step up financially in retirement benefits for the former Senator. Thus an already financially strapped retirement system of the state will have another non-actuarially based hardship added to its rolls.
FRANKFORT — In an effort to further erode the Republican Party’s
slim majority in the state Senate, Gov. Steve Beshear has appointed a
GOP senator to a state job for the second time in four months.
The Democratic governor appointed Sen. Dan Kelly of Springfield to
an open circuit court judgeship in Central Kentucky’s 11th Judicial
District on Monday, paving the way for a special election.
Beshear called a Dec. 8 special election for Kelly’s 14th Senate District seat and for an open house seat.
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Beshear defended his choice of a political nemesis for the judgeship
by noting Kelly’s track record as a lawyer. “He’s got an outstanding
legal record and legal career,” Beshear said in a news conference.Meanwhile, Republican Senate President David Williams of Burkesville criticized the appointment.
“This is just another play in the governor’s full-court press to
enable gambling interests to influence elections — in what was supposed
to be a non-election year — and to help him avoid fulfilling his
campaign promise to let the people decide whether there should be an
expansion of gambling,” Williams said in a written statement.
With Kelly, the Republicans held a 20-17 majority in the Senate. One independent also caucuses with Republicans.
Earlier this summer, after a Beshear-backed proposal to allow slot
machines at racetracks died in a Senate committee, Republican Senator
Charlie Borders resigned after being appointed by Beshear to the Public
Safety Commission. Former Rep. Robin Webb, D-Grayson, won an August
special election for that seat.
The election for Webb’s former House seat will also be Dec. 8. The
96th House seat includes Carter and Lewis counties. No one has filed
paperwork to raise money for that seat.
In Kelly’s case, a seven-person judicial nominating commission on
Friday picked Kelly and two other lawyers as nominees for Beshear to
choose from.
Kelly, who has been practicing law since 1979, said Monday that he has long wanted to pursue a career on the bench.
“I appreciate the governor’s appointment and I don’t question his motives,” Kelly said.
Kelly’s move to the judicial branch of government will likely double
his state retirement income. In 2005, the legislature approved changes
in the way state legislators’ retirement benefits are calculated. A
legislator can substitute his highest three years of salary in any
state job for his or her highest salary as a state legislator.
Kelly will make $124,620 as a circuit court judge. As a legislator, Kelly typically made around $50,000.
Kelly said that a bump in pay was not the reason he decided to seek the judgeship.
“I didn’t pursue either (state senator or the judgeship) because of
pay,” Kelly said. “One of the canons of the (judicial) code of ethics
is to leave partisan politics behind. And I’m ready to do that.”
Elmer George, a Lebanon lawyer, who was one of five people who
applied for the open judgeship, said he respected Beshear and
understood why the governor wanted to topple the Republican hold on the
Senate. But George said many lawyers in the 11th Judicial District were
unhappy that Kelly was picked.
In a recent survey of attorneys in the 11th Judicial Circuit, 34 of
52 respondents rated Kelly as unqualified for the judgeship. Sixteen
said he was either highly qualified or qualified, while two had no
opinion.
The other two nominees received much higher ratings. Samuel Todd
Spalding was rated highly qualified or qualified by all 52 respondents.
Bryan E. Bennett received the same ratings from all but six respondents.
George said he expects Kelly to have an opponent in the November 2010 election.
“I know that there will be opposition,” he said Monday.
But others said Kelly had the experience and the temperament for the job.
Larry Hopkins, a former Republican Congressman and state official, said Kelly was qualified for the job.
“He’s a very quiet, thoughtful man,” Hopkins said. “I just think he would be a real compliment to the judicial branch.”
Kelly was sworn in Monday and begins hearing cases as a circuit court judge on Tuesday.
