Appeals Court Rules In Favor Of Senior Judge

Jun 5, 2014

Judge Marc Rosen holds up paperwork for a jury during a recent case in Ashland.  photo courtesy of The Independent
Judge Marc Rosen holds up paperwork for a jury during a recent case in Ashland. photo courtesy of The Independent

An appeals court rules that a senior judge in Eastern Kentucky will be allowed to seek re-election.

The Kentucky Court of Appeals has overturned a lower court's decision that Marc Rosen wasn't a valid candidate in his county’s election for circuit judge due to a new state law.  Rosen filed suit over the legislation, saying it deprives him and a few other senior-status judges from running for office.  

Rosen filed for Boyd Circuit judge despite the law, which prescribes a five-year term for senior judges and prohibits them from becoming candidates for office during that time period. Previously, the judges committed to working 600 days.  Rosen argued that he completed his 600 days before his five-year term ended on January 31.  The primary filing deadline was January 28.