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Judicial Nominating Commission announces nominees for vacant judgeship in Bracken, Fleming and Mason counties

Wednesday, 01 16, 2013

Jamie Neal
Public Information Specialist
502-573-2350, x 50033
jamieneal@kycourts.net
http://courts.ky.gov

FRANKFORT, Ky. -- The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., today announced nominees to fill the vacant District Court judgeship in the 19th Judicial District, which is composed of Bracken, Fleming and Mason counties.

The three attorneys named as nominees to fill the vacancy are Kathryn B. Hendrickson, Frank Howard McCartney and Jeffrey Louis Schumacher.

Hendrickson, of Maysville, served as the commonwealth’s attorney for Bracken, Fleming and Mason counties from 2007 to Jan. 6, 2013. She received her juris doctor from Northern Kentucky University Salmon P. Chase College of Law. McCartney, of Flemingsburg, serves as assistant Fleming County attorney and is a partner in the law firm of Suit, McCartney, Price, Price & Ruark in Flemingsburg. He received his juris doctor from the University of Kentucky School of Law. Schumacher, of Maysville, serves as a District Court trial commissioner and the Mason County master commissioner and as counsel for several Mason County government boards, including the local planning commission. He received his juris doctor from Northern Kentucky University Salmon P. Chase College of Law.

The judicial vacancy was created when Judge W. Todd Walton II resigned effective Sept. 10, 2012.

District Court
District Court judges handle juvenile matters, city and county ordinances, misdemeanors, violations, traffic offenses, probate of wills, arraignments, felony probable cause hearings, small claims involving $2,500 or less, civil cases involving $5,000 or less, voluntary and involuntary mental commitments and cases relating to domestic violence and abuse.

Judicial Nominating Process
When a judicial vacancy occurs, the executive secretary of the Judicial Nominating Commission publishes a notice of vacancy in the judicial circuit or the judicial district affected. Attorneys may recommend someone or nominate themselves. The names of the applicants are not released. Once nominations occur, the individuals interested in the position return a questionnaire to the Office of the Chief Justice. Chief Justice Minton then meets with the Judicial Nominating Commission to choose three nominees. Because the Kentucky Constitution requires that three names be submitted to the governor, in some cases the commission submits an attorney’s name even though the attorney did not apply. A letter naming the three nominees is sent to Gov. Steve Beshear for review. The governor has 60 days to appoint a replacement, and his office makes the announcement.

Makeup of the Judicial Nominating Commission
The Judicial Nominating Commission is established in the Kentucky Constitution. Ky. Const. § 118; SCR 6.000, et seq. The commission has seven members. The membership is comprised of the chief justice of Kentucky (who also serves as chair), two lawyers elected by all the lawyers in their circuit/district and four Kentucky citizens who are appointed by the governor. The four citizens appointed by the governor must equally represent the two major political parties, so two must be Democrats and two must be Republicans. It is the responsibility of the commission to submit a list of three names to the governor and the governor must appoint a judge from this list of three.

Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.

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