Summary: SR 200 (2026RS) — Senate as Court of Impeachment; Rules of Procedure
Purpose and intent
- SR 200 designates the Kentucky Senate to sit as a Court of Impeachment to hear Articles of Impeachment against Julie Muth Goodman, Circuit Judge for the 22nd Judicial Circuit (Fayette County).
- The resolution establishes the process, rules, and procedural framework for the Senate’s impeachment trial, including the adoption of specific Rules of Procedure for the Court of Impeachment.
Key provisions and changes
- Section 1: The Senate resolves itself into a Court of Impeachment and schedules the hearing for April 6, 2026, at 9:00 a.m. EDT. Senators taking the oath are recorded in the Journal.
- Section 2: Establishes a Senate committee (per Senate Rule 39A) to receive evidence, take testimony, and determine verdict (conviction or acquittal). The President of the Senate appoints the committee chair. The committee operates under the impeachment Rules of Procedure approved by the Senate.
- Section 3: The Clerk of the Senate, functioning as Clerk of the Court of Impeachment, will issue summons/precepts to the Respondent and to witnesses, and can compel production of documents. Service may be by mail or email if previously communicated.
- Section 4: After the hearing, the committee reports findings to the full Senate, including evidence, testimony, and whether the accused is convicted or acquitted. The full Senate may consider the evidence and may hear additional witnesses open to the open Senate order.
- Section 5: Adoption of specific Rules Governing the Senate Sitting as Court of Impeachment, including:
- (1) Rules of Procedure: Standing Senate Rules apply unless superseded.
- (2) Rules of Evidence: General jurisdiction rules guide evidence; exceptions allowed if relevant and justice requires.
- (3) Floor Privileges: Access for Senators, House committee members, counsel, staff, and others with proper identification.
- (4) Marshals: Appointment of a Marshal (Sergeant at Arms) and an Assistant Marshal.
- (5) Clerk: Clerk of Impeachment administers oaths, maintains the Journal, and handles related duties; an Assistant Clerk may be appointed.
- (6) Presiding Officer: President of the Senate presides unless another is appointed.
- (7) Eligibility and attendance: All Senators can participate; final votes require substantial testimony review by voting members.
- (9) General Powers: Senate can compel attendance, enforce orders, preserve order, punish contempt, and issue necessary rules.
- (10) Immunity: Parties may not compel Senators or certain court staff to testify; personal records/work papers not subpoenaed.
- (11) Representation: House presents its case via appointed Committee; Respondent may appear in person or by counsel.
- (12) Pretrial Conference: Allows ruling on motions, stipulations, and expedited issues.
- (13-14) Communications: Respondent and others have restricted communications; safeguards on admissible information.
- (15) Appearance: Precept served at least seven days before trial; service by Marshal/State Police.
- (16) Subpoenas: Process for issuing subpoenas; penalties for disobedience; witness compensation.
- (17) Initial Appearance: Respondent must appear or be treated as not guilty in absence.
- (18) Answer: Respondent must answer the Articles in writing before trial.
- (19) Order of Proof: Structure of opening statements, order of evidence, closing arguments (limits: opening 30 minutes per side; closing up to 1 hour; potential extension by majority vote).
- (20-21) Oaths and Witnesses: Formal oaths for Senators and witnesses; examination procedures; Senator questioning following counsel’s lead.
- (22) Motions: Rulings by Presiding Officer; motions may be written; time limits for arguments.
- (23) Verdict, Judgment, and Costs: Post-trial vote on sustaining Articles; roll-call vote for conviction; acquittal leads to acquittal judgment; costs allocation (penalizes neither side’s attorney fees; prosecution costs borne by Commonwealth if convicted; otherwise respondent pays costs).
- (24) Official Record: Transcript to be sourced from Kentucky Educational Television/Legislative Research Commission YouTube channel.
- (25-27) Instructions, Conferences, Prohibited Conduct: Judicial-style guidance and procedural conferences; penalties for threats or interference.
- (28) Amendments: Rules can be suspended or amended by two-thirds of Senators present.
Who is affected
- Julie Muth Goodman, the Respondent (Circuit Judge, 22nd Judicial Circuit).
- Members of the Kentucky Senate, House impeachment prosecution committee, and their counsel/staff.
- Witnesses and subpoenaed parties called to testify or produce documents.
- The Commonwealth (as the prosecuting party) and the Respondent (as the defended party) with respect to costs and procedural rights.
- Public record and record-keeping through the Senate Journal and official transcripts.
Procedural/timeline aspects
- Hearing date scheduled for April 6, 2026, at 9 a.m. EDT; proceedings run daily until concluded.
- Summons, service methods, and pretrial steps (including a seven-day notice for appearance).
- Pretrial conference may occur to address preliminary motions; written answers due prior to opening.
- The trial timeline centers on evidence presentation, witness examination, and a final roll-call vote on sustaining the Articles, potentially leading to conviction/removal if two-thirds vote is achieved.
Sponsor
- Co-sponsor: Brandon Storm
Overall impact
- The resolution provides a formal, codified framework for Kentucky’s Senate impeachment trial of a sitting circuit judge, including rules of procedure, evidence guidelines, funding of costs, and clear steps for summons, testimony, and verdict. It ensures that impeachment proceedings adhere to due process standards within the legislative impeachment context.