Published: October 28, 2009 02:38 pm      

Beshear appoints Kelly to bench

By Ronnie Ellis

CNHI News Service



Gov. Steve Beshear said Monday he appointed Republican Sen. Dan Kelly of Springfield Circuit Judge in the 11th Circuit “based on his qualifications.”

But he didn’t deny he wants to see the balance in the Republican controlled Senate change at least enough to pass legislation to allow video lottery terminals at horse tracks.

Kelly was one of three names forwarded by a judicial nominating commission from which Beshear could appoint a successor to Doughlas George. The other two were Bryan Edward Bennett of Campbellsville and Samuel Todd Spalding of Lebanon.

Kelly’s appointment is the second of a Republican senator to a lucrative job by Beshear — the other was Charlie Borders whose seat was won in a special election by Democrat Robin Webb. If Beshear and the Democrats can duplicate that feat with Kelly’s seat, the Republican majority will be whittled to 19-18 with one independent.

Beshear has said some Republican senators haven’t been open minded about helping him pass legislation to allow video lottery terminals at horse tracks and “we’ve either got to change some senators’ minds or change some of the senators.”

He wasted no time Monday calling a special election for Kelly’s seat – Tuesday, Dec. 8. On the same date, a special election will be held in the 96th House District to fill Webb’s House seat which she vacated when she won Borders’ 18th Senate seat.

But Beshear said the impact in the state senate is not why he picked Kelly.

“Over the weekend, I’ve reviewed the resumes and those names and concluded Sen. Kelly was the one who would best fulfill that position,” Beshear said Monday. “I made the decision based on his qualifications.”

Beshear said he did not try to influence the nominating commission to assure Kelly’s name was among the three submitted. When asked if Spalding or Bennett ever had a chance at the appointment, Beshear pointed out the nominating commission is chaired by Kentucky Supreme Court Chief Justice John Minton.

“I certainly think he always runs a fair nominating process,” Beshear said. “They nominated the three they felt were the most qualified for the position.”

Both Spalding and Bennett were in court Monday afternoon and could not be reached for comment.

Kelly said he’s “very happy with this appointment,” and said he had only spoken with the governor “briefly and expressed my interest – and that was six months ago.”

Kelly two weeks ago resigned his position as Majority Floor Leader in the Senate but did not resign his seat until Monday. He was to be sworn in as Circuit Judge later Monday afternoon.

He said he had not received criticism from his Republicans who might fear loss of Republican control of the Senate.

“Everyone I’ve talked to wished me well and said you’ve worked hard and you deserve the appointment,” Kelly said. The 14th District seat covers Marion, Mercer, Nelson, Taylor and Washington counties. Registered Democrats outnumber Republicans in the district, though Kelly has won the seat in five consecutive elections.

Former Democratic legislator Jodie Haydon of Bardstown and Republican state Rep. Jimmy Higdon have said they will run for Kelly’s seat.

Kelly said the political impact of his departure from the senate will be decided by voters in the special election.

Senate President David Williams, R-Burkesville, who has sparred with Beshear and consistently opposed expansion of gambling said gambling is the motivation behind Beshear’s decision.

“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 prepared statement.

John David Dyche, a Louisville attorney, columnist, author and a Republican, said the appointment makes sense for both Beshear and Kelly.

“Beshear gets a shot at another Senate seat and Kelly gets to continue his public service with out the travel and scheduling demands of a legislator,” Dyche said. He said he isn’t troubled that a judicial appointment might have been affected by political considerations.

“All gubernatorial appointments are probably fraught with political considerations,” Dyche said. “I think Kelly is qualified to be a judge both by credentials and temperament.”

Ronnie Ellis writes for CNHI News Service and is based in Frankfort, Ky. He may be contacted by email at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.