FRANKFORT, Ky., Oct. 4, 2022 – In an effort to educate the public about the courts, the Supreme Court of Kentucky will hear oral arguments in Shelbyville on Wednesday, Oct. 12, rather than in its traditional setting in Frankfort. Proceedings are open to the public and will take place at 1 p.m. ET at the Shelbyville Conference Center, 219 7th St.
Following argument, the justices will address questions from the audience. Questions should not relate to the case just heard or to other pending cases.
The justices usually hear arguments in the Supreme Court Courtroom at the Capitol building. The appearance in Shelbyville is part of an ongoing public education program started in 1985 when the court traveled to Louisville to hear oral arguments, the first time a state Supreme Court session was ever held outside Frankfort. Since that time, sessions have been held in locations across the state. Holding oral arguments in communities is an opportunity to educate the public on the work of the Supreme Court and the Judicial Branch. Civic outreach can improve understanding of the role of courts in society.
Chief Justice of Kentucky John D. Minton Jr. and Deputy Chief Justice Lisabeth T. Hughes are retiring in January 2023 and the event in Shelbyville will be one of their final oral arguments. They have more than 50 years of combined service to the Kentucky Court of Justice and the people of the commonwealth.
The court will hear arguments about the constitutionality of House Bill 563. The law allows tax credits in return for donations to education opportunity accounts that can be used to fund private school for families who can’t afford tuition. A Franklin County Circuit Court ruled in October 2021 that the tax-credit portion of HB 563 violated the Kentucky constitution. The Kentucky Office of Attorney General is appealing the decision before the Supreme Court.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Oral Arguments
WEDNESDAY, OCT. 12, 2022
1 p.m. ET
COMMONWEALTH OF KENTUCKY EX REL. ATTORNEY GENERAL DANIEL CAMERON V. HOLLY M. JOHNSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF KENTUCKY FINANCE AND ADMINISTRATION CABINET, ET AL. (2021-SC-0518, -0519, -0520, -0522-TG)
APPELLANT’S BRIEF (COMMONWEALTH OF KENTUCKY)
APPELLANTS’ BRIEF (AKIA MCNEARY AND NANCY DEATON)
APPELLEES’ BRIEF (COUNCIL FOR BETTER EDUCATION, ET AL.)
REPLY BRIEF (COMMONWEALTH OF KENTUCKY)
REPLY BRIEF (AKIA MCNEARY AND NANCY DEATON)
AMICUS CURIAE BRIEF (PUBLIC FUNDS PUBLIC SCHOOLS, ET AL.)
AMICUS CURIAE BRIEF (EDCHOICE KENTUCKY)
AMICUS CURIAE BRIEF (THE KENTUCKY CENTER FOR ECONOMIC POLICY, ET AL.)
AMICUS CURIAE BRIEF (FAYETTE COUNTY PUBLIC SCHOOLS)
Constitutional Law. Education Law. Tax. Special Legislation. Issues addressed include the constitutionality of certain provisions of House Bill 563, which created entities called “Account Granting Organizations,” which are permitted to fund certain education expenses, such as private school tuition and fees, for eligible students using a taxpayer credit program.
Oral Argument Granted: September 9, 2022
Trial Court(s): Franklin Circuit Court
Presiding Judge(s): Hon. Phillip J. Shepherd
Counsel for Appellants: Matthew F. Kuhn, Brett R. Nolan, Alexander Y. Magera, Office of the Solicitor General, Office of the Attorney General
Counsel for Commonwealth of Kentucky ex rel. Attorney General Daniel Cameron
Counsel for Appellants: Matthew D. Doane, Doane & Elliott, P.S.C. and Joshua A. House, Benjamin A. Field, Michael Bindas, Institute for Justice
Counsel for Akia McNeary and Nancy Deaton
Counsel for Appellees: Virginia Hamilton Snell, Byron E. Leet, Mitzi D. Wyrick, Sean G. Williamson, Wyatt, Tarrant & Combs, LLP
Counsel for Better Education, Frankfort Independent School Board, and Warren County School Board
Jeffrey S. Walther, John K. Wood Walther, Gay & Mack, PLC and Alice O’Brien, Kristen Hollar, National Education Association
Counsel for Michelle Grimes Jones, Katherine Walker-Payne, and Chris Rasheed
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