Kentucky Senate censures Supreme Court justice over Goodman opinion
LEXINGTON, Ky. — The Kentucky State Senate censured Supreme Court Justice Kelly Thompson on Wednesday for portions of a recent opinion that lawmakers alleged "threatened attorneys and legislators participating in pending impeachment proceedings with professional discipline and criminal prosecution." The Senate approved the measure by voice vote and called for a formal complaint to be filed against the justice with the Judicial Conduct Commission.
Thompson wrote a concurrent opinion to the court's 5-1 ruling earlier this month ordering a halt to the General Assembly's impeachment proceedings against Fayette Circuit Judge Julie Muth Goodman. The Supreme Court cited several legal shortcomings in the House's case against Goodman and said the legislature's action had violated the separation of powers among the branches of government.
Senate President Robert Stivers, a Republican and the resolution's sponsor, said during floor debate that he interpreted Thompson's opinion to say the Supreme Court has the right to "disbar me for doing what is our constitutional duty," and threatened that lawmakers could face arrest on a Class D felony charge if they continued impeachment efforts.
Thompson, of Bowling Green, responded to the Senate's action with a statement to the Kentucky Lantern. "I have great respect for President Stivers and am honored I got under his skin," the justice said. "The beauty of our democracy is the will of the people in an election is sacrosanct. To remove an elected official is very serious business." Thompson contended that Stivers was retaliating against him for his opinion.
The censure sparked debate on the Senate floor between Thompson and other lawmakers. Senate Democratic Whip Cassie Chambers Armstrong of Louisville said she understood Stivers' passion "comes from a desire to defend this institution," but disagreed with the course being taken. "Justice should not operate in the shadow of potential punishment, particularly not potential punishment by another branch of government," she said.
Sen. Phillip Wheeler, R-Pikeville, countered that Thompson's statement suggesting attorneys could be referred to the Kentucky Bar Association for discipline constituted a threat. He also argued that the legislative branch stands "as the first amongst equals of the separate branches of government" because it directly represents the people.
Meanwhile, the Senate Impeachment Committee voted unanimously Wednesday morning to suspend impeachment proceedings against Goodman pending a review by the Judicial Conduct Commission. The commission, created by the Judicial Article adopted in 1976, is the only entity authorized under the Kentucky Constitution to take disciplinary action against a sitting judge. The House, however, said the Supreme Court's ruling was "unconstitutional, null, and void," affirming that the legislature's impeachment powers remain "inviolate."
Wednesday was the final day of the 2026 legislative session.