Pol Watchers

State court appointment questioned

By Brandon Ortiz
BORTIZ@HERALD-LEADER.COM

Uncertainty reigned over the state court system Friday.

Questions surfaced about the status of the court's administrative director only a day after Chief Justice Joseph E. Lambert announced he will retire June 27.

And the Frankfort rumor mill ground at full speed with speculation about who will succeed Lambert as chief justice and whether he will play a role in the process.

Senate President David L. Williams, R-Burkesville, acknowledged Friday that the Senate did not confirm the appointment of Jason Nemes to director of the Administrative Office of the Courts during the recently ended session of the General Assembly. Nemes' appointment was not put to a vote.

"He did not have the support to be confirmed," Williams said in a statement released by his spokeswoman.

The consensus in the Senate was that Lambert was likely to retire soon and his successor should get to pick the AOC director, Williams said.

Nemes appears to be the first AOC director that the Senate refused to confirm.

Lambert responded this week with a one-page order reappointing Nemes as AOC director.

"After consultation with the Supreme Court the chief justice entered the attached order, which removed any previous questions as to my authority as the director of AOC," Nemes said in a statement.

But Williams pointed to a law that requires the AOC director to be appointed every four years "with the advice and consent of the Senate."

And Williams pointed to another law which states that the governor "or other appointing authority" must wait two years to reappoint someone rejected by the Senate. That law, however, is in a section of the Kentucky Revised Statutes that deals with the executive branch.

Retired Chief Justice John Palmore said he doesn't think that Lambert needs the Senate's approval to appoint Nemes. He noted that there is no such requirement in the Kentucky Constitution, which says the chief justice is the executive head of the courts and "shall appoint such administrative assistants as he deems necessary."

Palmore said the law requiring Senate approval is unconstitutional. He said the Senate is meddling with the court's internal affairs.

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CPE chief fears Beshear's motives

By Jack Brammer
JBRAMMER@HERALD-LEADER.COM

FRANKFORT --Gov. Steve Beshear's demand for a new search to select a leader for Kentucky's higher education system went unanswered Friday.

John Turner, chairman of the state Council on Postsecondary Education, said it would be "premature" to say how the council will react to Beshear.

"The first step is for me to get in and see the governor and see exactly what his goals are," Turner said.

Beshear made his order Thursday after Attorney General Jack Conway stated that the council's recent hiring of Lexington lawyer Brad Cowgill was illegal.

Although Beshear and Turner said Friday they hope to settle the dispute amicably, Turner speculated in an April 21 letter to council members that the governor might have political motives for questioning Cowgill's hiring.

"I'm wondering if it's possible that the real focus of the governor's attention is us, not Brad," he wrote, noting that a move by Beshear to dissolve the council "would hasten the point (by a couple of years) when the council has mainly people appointed by Governor Beshear."

Cowgill, who was budget director for former Gov. Ernie Fletcher before becoming the council's interim president in September, was hired on a permanent basis earlier this month.

The attorney general's non-binding opinion says the council was obligated by law to conduct a national search before hiring a president.

Turner said in the letter that he did not know what the attorney general's opinion would say, "but I'd speculate its (sic) more likely than not that he will agree with the governor's statements.

"I think the governor would be pretty confident of the outcome in advance of the AG opinion, otherwise there is little benefit making the request."

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Fischer ad attacks Lunsford in U.S. Senate race

FRANKFORT — Democrat Greg Fischer’s campaign for the U.S. Senate has started a new strategy to “compare and contrast” Fischer with rival Bruce Lunsford.

The Fischer campaign Friday began airing a 30-second TV ad across the state that questions the management of nursing homes formerly run by Lunsford and his Louisville-based company, Vencor.

“The first part of this race was to introduce Greg,” said Ken Shapero, the campaign’s communications director. “Now for the next three weeks, we will compare and contrast their records.”

Kim Geveden, political director for the Fischer campaign, said in a news release that Lunsford’s “business and political history are an issue in this campaign.”

“When voters are reminded that Vencor, the company he ran and which paid the largest fine ever levied for over-billing Medicare… when they remember that Vencor had a practice of evicting Medicare patients in favor of patients that had higher-paying private insurance… when they remember that Lunsford abandoned his Democratic primary race for governor in 2003 and attacked his Democratic opponent and supported Republican candidate Ernie Fletcher… and, even joined Fletcher’s transition team, they’ll come to the obvious conclusion that Greg Fischer is the superior candidate in this race,” Geveden said.

Click here to view the new ad.

Allison Haley, a spokeswoman for Lunsford’s campaign, said Democrats should focus on ousting Republican incumbent Mitch McConnell. 

"It's unfortunate that some Democrats aren't doing this," she said.

Lunsford was a co-founder of Vencor, a multi-million dollar health care corporation that declared reorganization in 1999. In 1998, some of Vencor's nursing homes began turning away Medicaid patients to make room for private-pay patients. It created a stir.

Lunsford said he did not know that staff members at the nursing home were evicting poor patients. He apologized, and he flew to Florida, where one of the publicized evictions was taking place. Eventually those patients -- fewer than 100, according to Lunsford's campaign staff last year  -- were invited to return. The company paid a $270,000 fine in Florida.

In last year's race for governor, Lunsford acknowledged that his 2003 support for Fletcher was a mistake.

Neither Lunsford nor Fischer has held an elected office. Lunsford has run twice unsuccessfully for governor.

--Jack Brammer

Obama targets Kentucky with TV ad

Democratic presidential contender Barack Obama has launched his first TV ad aimed directly at Kentucky voters.

His campaign began airing an ad called "Toughest" on WKYT-TV in Lexington today. He has had commercials up in the Louisville media market for several days, but those also are aimed at Southern Indiana viewers, who vote on May 6.

The ad, a geographically generic spot that does not mention Kentucky, touts Obama's pledge to "reign in special interests."

"They have not funded my campaign. They will not run my White House. And they will not drown out the voices of the American people," says Obama, a U.S. Senator from Illinois.

New York Senator Hillary Clinton, who has a commanding lead in Kentucky according to automated phone surveys done by SurveyUSA, has not started advertising in the state.

Here's the ad:

- John Stamper

Beshear plans to reorganize environmental cabinet, names secretary for new energy cabinet

FRANKFORT — One of the most diverse agencies in Kentucky state government --the Environmental and Public Protection Cabinet -- is being split in two.

Gov. Steve Beshear plans to create the Energy and Environmental Cabinet and keep the current cabinet, possibly with a new name, said Mark York, chief of staff for Environmental and Public Protection Secretary Bob Vance.

The reorganization is expected in June or July, York said.  Money for the new cabinet will come from funds in the current cabinet, he said, adding that he understands that Vance will stay on as a cabinet secretary.

“Right now everything is a work in progress and details will be forthcoming,” York said.

Beshear said in a statement that a nationally-acclaimed chemical engineer -- Leonard Peters -- will be secretary of the new Energy and Environmental Cabinet.

Peters, 68, recently stepped down as vice president of Global Laboratory Operations for Battelle Memorial Institute, headquartered in Columbus, Ohio.

“Len is a man of impressive credentials. He has achieved in so many areas – as a leader of large organizations, as an educator, researcher and author on multiple environmental issues,” Beshear said.

Beshear called Peters “a perfect selection in helping balance energy needs with environmental concerns.”

At Battelle, Peters led the U.S. Department of Energy’s Pacific Northwest National Laboratory in Richland, Wash.  He directed 4,200 scientists and support staff with a budget of nearly $750 million.  Much of that revenue came from contracts, grants and private fund initiatives.

A news release from Beshear’s office also said Peters realigned the lab’s research priorities and defined Battelle’s partnerships with universities.  The laboratory has major research and development programs in fundamental science, energy, environment, and national and homeland security.

From 1993 to 2003, Peters was in several key positions at Virginia Tech, including vice provost for research, president of Virginia Tech Intellectual Properties, Inc., and  dean of the graduate school.

Before that he spent almost 20 years with the University of Kentucky. His duties at UK included professor of engineering, vice chancellor for research and graduate studies and acting vice chairman for research and graduate studies.  He also was chairman of the chemical engineering department.

In his administrative capacity at UK, Peters was responsible for the Kentucky Geological Survey as well as the Kentucky Center for Applied Energy Research and other research centers.

A native of the Pittsburgh area, Peters presently is a member of the University of Pittsburgh’s Mascaro Sustainability Institute Board as well as Microsoft Research’s Academic Advisory Board. An international lecturer, he has written and published extensively in journals, proceedings and books.

Peters and his wife, Georgiana Peters, live in Shelby County.
The Environmental and Public Protection Cabinet, which Vance now heads,  consists of four departments.

 
The Department for Environmental Protection and Department for Natural Resource are designed to protect the state’s environment and manage its natural resources.

The Department of Public Protection oversees financial institutions, utility companies, insurance companies and agents, charitable gaming operations and horse racing in the state, while the Department of Labor promotes the importance of a healthy and safe workplace and workforce through education and enforcement.

--Jack Brammer

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Beshear's approval rating plummets

Gov. Steve Beshear's approval rating has dipped into Ernie Fletcher territory.

A SurveyUSA poll done for WHAS-TV in Louisville shows Beshear's approval rating at 38 percent, down 8 points from last month and 24 points since January.

Approval ratings for Fletcher, the state's former Republican governor, hit 40 percent only once after May 2005, when his administration was smacked with an investigation of state hiring practices.

Beshear's short tenure has been marked with bad news, ranging from painful state budget cuts to a failed attempt to fill the seat left vacant in the state Senate by Lt. Gov. Daniel Mongiardo with a Democrat.

The automated telephone survey of 600 adults was conducted April 11-13 and has a margin of error of plus or minus 4.1 percent.

- John Stamper

Three veteran reporters on 'Comment on Kentucky'

Ferrell Wellman, host of "Comment on Kentucky" has scheduled three veteran journalists to be on this week's public-affairs show with him on the Kentucky Educational Television network.

They are John Cheves with the Lexington Herald-Leader, Mark Hebert with WHAS-TV in Louisville and Deborah Yetter with The Courier-Journal.

The show airs live at 8 p.m. Friday on KET1.

--Jack Brammer

Chief Justice Lambert resigning

In a surprise move, Kentucky Supreme Court Chief Justice Joseph Lambert announced Thursday that he will resign on June 27 to join the state's senior judge program.

"We have made great progress in the last decade to improve Kentucky courts and make them more responsive to the needs of Kentucky's families and children," Lambert said in a statement.

"As with any individual's efforts, however, there comes a time to move on," he said.

Lambert, 59, was first elected to the state's highest court in 1986 from the 27 southeastern Kentucky counties of the 3rd Supreme Court District. He has been Kentucky's chief justice since October 1998.

Although judicial posts are nonpartisan in Kentucky, Lambert is a Republican and sometimes has been discussed as a candidate for other elected offices, including governor.

Attorney General Jack Conway said a judicial nominating committee will submit three names to the governor as potential replacements for Lambert on the court. The governor must choose one of the three.

Members of the Supreme Court will choose their new chief.

Lambert's term doesn't expire until Dec. 31, 2010.

"At first blush, it appears there will need to be a special election to find two candidates for the November election to serve out the remainder of Lambert's term," Conway said.

- Jack Brammer

Conway: Higher-education leaders violated law

The Council on Postsecondary Education violated state law when it appointed Lexington lawyer Brad Cowgill as its president without retaining a search firm and conducting a new national search for a permanent president, Attorney General Jack Conway opined.

Conway issued a 12 page opinion Thursday afternoon in response to a request from Gov. Steve Beshear, who opposed the council's decision to hire Cowgill on April 14.

In a news conference, Conway said "the council was duty bound to conduct a national search."

Cowgill, a former state budget director for Gov. Ernie Fletcher, had been the council's interim president since Sept. 1, 2007. He was appointed to that post after the council terminated an unsuccessful search for a president.

Beshear has argued that the council ignored legal requirements that the council conduct a national search and come up with a president who has an established reputation and experience in postsecondary education.

Cowgill had no experience as a postsecondary administrator before being hired as the council's interim president.

Conway stressed that the opinion does not address Cowgill's qualifications. He said he believes a new search is needed, but noted that his opinion is only advisory.

Conway declined to offer advice about what the council or Beshear should do next, but noted that Beshear has the executive authority to reorganize the council.

Beshear said he was "not surprised" by the opinion. He said he wants to review the opinion and will have a statement later in the day.

The council is the coordinating agency for the state's eight public universities and the Kentucky Community and Technical College System. Among other things, the council recommends a biennial postsecondary education budget and it sets the limits on how much the institutions can increase tuition.

Conway's opinion also identified "numerous" violations of Kentucky's Open Meetings law. He said his office could not find records of the council voting for Cowgill to serve on an interim basis.

UPDATE 4:30 p.m.: John Turner of Lebanon, chairman of the Council on Postsecondary Education, said in response to Conway’s opinion he hopes Beshear and the council can sit down and discuss their differences before any further action is taken.

“I don’t believe this is an intractable problem that can’t be solved by well-intentioned, public-spirited people talking about the issues,” Turner said. “I am convinced it can be resolved without throwing it into court.”

After Beshear asked for a legal opinion from Conway, Turner wrote to the governor and requested that Beshear meet with Turner, council member John R. Hall, the retired chairman of Ashland, Inc. and Glasgow lawyer Walter Baker, a former council member, state legislator and jurist.

Turner said he had not received a response to his letter but remains willing and hopeful about talking with Beshear.

“I’ve always been willing to talk,” Turner said. “This would be far more constructive.  We agree on far more than we disagree on about postsecondary education."

Turner said he respects the governor and that the council has honored Beshear’s request that it not sign a contract with Cowgill until this dispute is resolved.

Noting that Conway's opinion is non-binding, he suggested the two parties might need to file a “friendly lawsuit” to get a binding court ruling.

Turner said that if Besher sought resignations from the entire council the members would probably not agree to do so.

“I think we owe it to the process and integrity of the independence of the council to let the process take its course,” Turner said. “Otherwise, why would any well-intentioned person serve on a board or commission?”

Two of the council's 13 seats are currently vacant.

UPDATE 4:55 p.m.: In a news conference, Beshear said he is optimistic the council will follow the law and start a new national search.

"This is not about Brad Cowgill. It's about following the law," Beshear said.

Beshear said Cowgill should be excluded from the new search, since having his name included as a candidate might discourage others from seeking the job.

Beshear also expressed concern about the alleged violations of the state's open meetings laws.

If the council doesn't start a new search, Beshear said he will look at other options. He acknowledged that disbanding the council could be one of those options, but declined to say anything further on the topic.

- Jack Brammer

Grayson will be on Harvard panel to discuss presidential primaries

FRANKFORT -- Kentucky Secretary of State Trey Grayson will join about a dozen members of the National Association of Secretaries of State and leading political, legal and academic professionals April 29 at Harvard for a symposium on how to change the way Americans select their nominees for president.

“I am excited that we are beginning to see substantive discussions taking place on the subject of how to reform our presidential primary process,” said Grayson, who co-chairs NASS’s presidential primary subcommittee.

“As we continue these discussions, I am hopeful that the leaders of our country will find a way to reform this process so that we have a better way of nominating our presidential candidates.”

Grayson, who is senior adviser to the Harvard Institute of Politics, brought NASS and the IOP together to initiate this discussion.

The Harvard institute plans to publish a transcript of the conversations from the symposium and will release a paper outlining possible recommendations on improving the presidential primary process. 

For more information, visit www.nass.org.

--Jack Brammer