KyKurmudgeon

Several judicial vacancies, few appointments

Recent retirements have created 12 judicial vacancies across Kentucky. A 13th opening exists due to the death of Jefferson Circuit Judge Kathleen Montano. All but one of the retiring judges took senior status, which means among other things they could continue handling cases in their former divisions until their replacements are selected by voters in November.

On the other hand, these vacancies gave Gov. Steve Beshear the opportunity to appoint new judges in all 13 instances. But he currently plans to make just six appointments, including a replacement for the late Judge Montano and a replacement for former Chief Justice Joseph Lambert.

Choosing to appoint replacements in those two instances is understandable. What is less understandable is why Beshear chose to fill just four of the 11 other vacancies by appointment. (The four are the circuit and district court vacancies in Fayette County and two district court vacancies in Jefferson County.) By doing so, he creates the appearance of playing favorites in those four instances by giving his appointees the advantage of running as semi-incumbents this fall. "Elect Judge Soandso" or "Keep Judge Soandso on the Bench" carries a bit more gravitas than a simple "Elect Soandso."

If Beshear had chosen to appoint in all 11 instances, the consistency of that approach would have reduced the appearance that politics were involved. Certainly, leaving it to voters to fill all 11 vacancies would have removed any appearance of political considerations coming into play on his part. But by taking an inconsistent course of appointing four and leaving seven to the voters, he appears to be playing favorites.

In response to questions about Beshear's decision to appoint in some instances but not in others, the governor's office issued the following statement:

"We will evaluate judicial openings on a case-by-case basis with one criterion in mind – who will be the best judge, whether that's a senior judge or through an appointment. Timing is not the issue. Rather, the concern of the governor is with being deliberative and thoughtful so as to pick the best judge. Another complicating factor is that we are experiencing a mass exodus of judges right now to retirement, along with a number of openings on judicial nominating commissions. The sheer volume of those numbers will require us to utilize both senior judges and appointments if we hope to move as expeditiously as possible. The larger issue, ultimately, is creating the best possible judicial system to serve the state of Kentucky. That is Gov. Beshear's focus. Picking the best judges possible is the cornerstone of creating such a system. That's how the governor will proceed in making such decisions."

Gee, I'm glad they cleared that up.

Tone-deaf flights of fancy

Today's column:

FRANKFORT — Gov. Steve Beshear has gone tone-deaf in a big way about his 13-stop listening tour of the state (after which he hopes to hear that his lowly approval ratings have risen).

At a time when state services are being slashed and state workers face the prospect of potential layoffs, blowing thousands of tax dollars to fly key administration personnel to various stops on the tour creates a public-perception disaster for him.

At a time of high fuel costs, flying those aides around wastes even more tax dollars than usual.

And at a time when he and state lawmakers are stepping on one another’s toes trying to position themselves as the greenest politician in Kentucky, particularly in regard to energy conservation, sucking up the extra fuel that flying requires makes him look like a hypocrite of the first order.

While a defensible argument can be made for flying the governor to some tour stops (and filling up that one plane with some members of his staff), no such argument justifies piling everyone into three planes for these trips.

But Beshear insists that he will continue flying his staff to some cities. And he defends that decision with rationalizations that miss the point on multiple levels.

“I guarantee you this: The cost is a lot less to take them with me than it costs to take 400 Pike Countians down to Frankfort and back,” Beshear said in a speech this week.

Well, duh, yeah. But excuse me, Governor, that comparison is lame, bogus and just plain irrelevant.

The proper comparison is the cost of taking government to the people of Pike County in three planes (one of which was chartered for $4,474) versus the cost of taking government to the people of Pike County in, say, three state-owned vans.

Does anyone need a calculator to figure out which of those two options is cheaper?

(If the vans don’t appeal to this administration, well, past occupants of Beshear’s office took government to the people by loading everyone on a bus.)

A statement issued by the governor’s office offered a different defense of the Pikeville airlift, saying it “saved 100 hours of work time, if not more” for Beshear and the 15 aides who accompanied him.

Uh, excuse me again, but not!

In the first place, the Pikeville tour stop began at 6 p.m. That’s an 1½ hours after the normal close of business for state government.

So, at most, driving would have cost Beshear and his aides a couple of hours each of normal office time. And since the planes took off from Capitol Airport between 4:09 and 4:44 p.m., some of them missed a bit of normal office time anyway.

But that’s beside the point because there really is no reason for van-pooling to cause lost work time.

Being away from the office doesn’t equate to being away from the job in this wireless world. So, Beshear and his people could be taking care of business during a van ride. And if they hit a couple of dead zones along the way, well, a bit of paperwork carried along in briefcases could keep everyone gainfully occupied.

Bottom line: Beshear promised better than this same old, same old waste of tax dollars. He hasn’t delivered. Until he does, Kentuckians are going to be scratching their heads and wondering how they managed to re-elect Ernie Fletcher.

Wasting tax dollars in this fashion is no way for Beshear to lift his approval ratings. On the contrary, if he continues his multi-plane flyovers of Kentucky, his approval ratings could easily worsen.

Instead of stubbornly insisting on these wasteful flights, Beshear should admit his mistake and move on. His predecessor had trouble learning that lesson and became a one-term governor as a result.

Fancy Farm Picnic responds to Libertarians

Seems the folks who put on the Fancy Farm Picnic have been taking some heat for not allowing the Libertarian Party's presidential candidate Bob Barr and U.S. Senate candidate Sonny Landham to participate in the speechifying. That prompted Todd Hayden, the chairman of the picnic to send out an e-mail saying in part:

"The picnic has always been nonpartisan and has never supported one candidate over another. Unfortunatly we only have 2 hours scheuled for political speaking and if the political chairman let everyone who wanted to speak there would not be enough hours in the day. Therefore every year he has to make some decisions that don't always agree with everyone. Mr. Barr and Mr. Landham and whoever wants to is invited to the picnic to speak to whomever they like, they just may not be able to do it from the political platform if the political chairman already has a full schedule.
"The Fancy Farm Picnic is a fund raiser for the St. Jerome Church. Politicians found it a good place to campaign starting many years ago and it has grown over the years. The picnic still remains 1st and formost a fund raiser. It IS NOT an event that is put on for politicians, but to accommodate them we have made it part of our schedule and because of news coverage we do get some exposure from it. What people need to understand is that this event is put on by a bunch of  volunteering parishoners trying to do some stewardship by donating time to their church."

Another Stevie Wandering moment

Sunday's column:

FRANKFORT — This and that as Gov. Steve Beshear’s “Please Help Me My Ratings Have Fallen” tour gets underway:

OK, it’s officially the “Beshear About Kentucky” tour. But by whatever name, it will be coming soon to a town near you.

Counting Thursday night’s kickoff in Pikeville, Beshear will make 13 stops over the next six weeks  to hear what Kentuckians have to say about how the state can do more with less.

My first suggestion would be to stop taking three planes full of aides on this tour.

After limping through his first legislative session with little success, Beshear rebounded a bit by staring down the Council on Postsecondary Education on the selection of a new president, by getting lawmakers to come together on pension reform and by using the power of the pen on executive orders to reorganize the executive branch and set some new policies for it to follow.

(In that regard, the quick response of his newly reconstituted Kentucky Horse Racing Authority in addressing controversies in the racing industry has been particularly noteworthy and encouraging.)

Then, toward the end of a week in which energy conservation was a major topic around the Capitol, including his own press conference encouraging state employees to carpool and work flex time where possible, the governor blows a wad of tax dollars and a few tanks of fuel to make Kentucky’s carbon footprint even larger by flying staffers to Pikeville and back.

Surely, someone in the administration heard the dumb meter go off before this tone-deaf flight of fancy occurred.

It’s bad enough that this tour is all too reminiscent of the “Tell Me How to Spend a Surplus That Doesn’t Exist” tour of the state former Gov. Ernie Fletcher took in an unsuccessful attempt to win re-election. By kicking it off with a three-plane flyover of the state, Beshear just added to the list of what I have come to think of as his Stevie Wandering missteps – as in, where the heck was his mind wandering when he decided that was a bright idea?

                                                       * * *

Even before the aerial circus, Beshear’s recent positive accomplishments were being undermined by his administration’s lack of adequate vetting of James F. Sullivan, who was recently appointed to the Crime Victim Compensation Board and the Board of Claims.

Sullivan was convicted of a misdemeanor in 1990 for attempted jury tampering in former state Rep. Jerry Lundergan’s 1989 trial. That’s a rather unusual qualification for a member of these panels to have.

                                                      * * *

State Rep. Kathy Stein’s decision to run for the Senate seat being vacated by Sen. Ernesto Scorsone will leave the House in need of a new Judiciary Committee chairman come January. No doubt there will be more than one applicant pleading their case with the Democratic leadership.

But Judiciary is the traditional cemetery for bad bills and, therefore, demands a certain skill set of its chairman. To keep such legislation “resting peacefully,” as the late Rep. Gross Clay Lindsay used to say when he chaired the committee, it is best to have a chairman with a relatively safe seat and a strong spinal column.

I don’t know if he wants the job, but Rep. Darryl Owens of Louisville fits those characteristics.

Fancy Farm Picnic schedule

Courtesy of Mark Wilson, here's the schedule for the 128th Annual Fancy Farm Picnic:

EVENTS FOR FRIDAY AUGUST 1:

7 am (CDT)  MASS ON THE PICNIC GROUNDS

8 am  MEAT GOES ON THE PITS: (8,500 LBS MUTTON - 10,500 LBS PORK)

RV PARKING BEGINS: $100 GOOD THRU MONDAY-NOONTIME(Contact Sherry Jones 270-623-8181)

5 pm  KNIGHTS OF COLUMBUS FISH FRY. CARRYOUTS AVAILABLE
ADULTS: $9.00 CHILDREN UNDER 12: $4.00 CHILDREN UNDER 4: FREE.

REGISTRATION FOR ONE-MILE CLASSIC RUN FOR CHILDREN OR ANYONE WHO LIKES TO COMPETE AT A SLOWER PACE. ENTRY FEE: $10.00. FIRST 200 ENTRANTS WILL RECEIVE A FREE T-SHIRT. DOOR PRIZES ALSO AVAILABLE.

6 pm  RUNNING OF THE ONE-MILE CLASSIC RUN

7 pm  5K PICNIC EVE RUN. ENTRY FEE PRIOR TO FRIDAY IS $17.00. INCLUDES SPECIAL-DESIGN T-SHIRT. LATE ENTRY FEE IS $20.00. WATER STATIONS, DRINKS, AND FRESH FRUIT PROVIDED FOR RUNNERS. ALL RUNNERS ELIGIBLE FOR PRIZE DRAWINGS. COMPUTERIZED RESULTS. FOR MORE INFORMATION, PLEASE CALL 270-623-8200.

7 pm KET Comment on Kentucky - live production at political platform?

7:30-11 pm  MUSIC PROVIDED BY “36-30 Band”

HAMBURGERS, HOT DOGS, NACHOS, AND SOFT DRINKS WILL BE AVAILABLE ON THE PICNIC GROUNDS FRIDAY NIGHT. T-SHIRT STAND WILL BE OPEN.

EVENTS FOR SATURDAY, AUGUST 2:

8 am  BAR-B-QUE BY THE POUND GOES ON SALE.  PORK $7.00lb & MUTTON $8.00lb

10 am  OFFICIAL STARTING TIME OF PICNIC. BINGO, GAMES, CRAFTS, MUSIC AND FOOD FOR ALL. BAR-B-QUE SANDWICHES: $3.00  HAMBURGERS: $2.50 HOT DOGS: $1.50.

11 am  HOME-COOKED MEAL SERVED CONTINUOUSLY UNTIL 8:00pm IN THE AIR-CONDITIONED
KNIGHTS OF COLUMBUS HALL. MEAL FEATURES: BAR-B-QUE PORK AND MUTTON, FRIED CHICKEN, FRESH SWEET CORN, LIMA BEANS, GREEN BEANS, PURPLE HULL PEAS, FRESH TOMATOES, CUCUMBERS, POTATO SALAD, SLAW, HOMEMADE PIES AND CAKES. $9.00 for adult $4.00 for children.

10:30 am-1:30 pm   MID-DAY MUSIC BY “No Tools Loaned”

1:30 pm  PIONEER AWARDS: PRESENTATION AT POLITICAL STAND.

2 pm  POLITICAL SPEAKING: HOUSE MAJORITY FLOOR LEADER ROCKY ADKINS WILL SERVE AS EMCEE. PLENTY OF SEATING IN AND AROUND SHADED PAVILION. For more info contact Mark or Lori Wilson-270-623-6768 or at mawilson@galaxycable.net

6 pm-10 pm  NIGHTTIME MUSIC BY “Lew Jetton & 61 South”

10 pm DRAWING FOR: FIRST PRIZE: 2008 Jeep Patriot (Purchased from Driver Motors-Mayfield, Ky).
SECOND PRIZE: 42 inch flat-screen plasma TV (purchased from West Ky Technology Store)

NO ADMISSION CHARGE AND PLENTY OF FREE PARKING

*For further information please contact St. Jerome Catholic Church at 270-623-8181, Monday-Friday, 8am-4pm, CDT.

Fancy Farm update

Senate Minority Leader Mitch McConnell has confirmed that he will speak at the 128th Fancy Farm Picnic Aug. 2, according to Mark Wilson, chairman for the political portion of the event.

State Treasurer Todd Hollenbach, state Rep. Steven Rudy and his opponent for the 1st District House seat, Mike Lawrence, have also confirmed that they will speak since my July 9 post (below) on the subject.

Attorney General Jack Conway will attend, but will not speak. Agriculture Commissioner Richie Farmer will not be there due to an out-of-town wedding in the family.

No word yet from the two presidential candidates from the major parties, although Wilson indicated he expected a decision from Sen. Barack Obama within a few days.

Scorsone, Stein, Lunsford, Beshear, 'That 70s Show'

1. State Sen. Ernesto Scorsone's decision to exchange a seat in the Senate for the robes of a Fayette Circuit Court judge is a good move on his part. But giving up her position as House Judiciary Committee chair to replace Scorsone as a member of the minority in a state Senate run by President David Williams doesn't strike me as the wisest move state Rep. Kathy Stein could make. But hey, the verbal exchanges between Stein and Williams on the Senate floor should be entertaining.

2. If the ratio thus far of fund-raising ($1 million) to digging in his own bottomless pockets ($3.5 million) continues for Democratic U.S. Senate candidate Bruce Lunsford's campaign, the multimillionaire businessman would have to write personal checks in excess of $10 million if he hopes to match the $15 million Senate Minority Leader Mitch McConnell has for his re-election campaign. Lunsford has the wherewithal to do just that, and he's proved in two unsuccessful gubernatorial campaigns that he isn't reluctant to spend freely in pursuit of his goal. But what's worrisome about his low fund-raising numbers is that they could create the perception that this is yet another quixotic campaign. If the national Democratic organizations that would dearly love to see McConnell on the receiving end of a Tom Daschle-style retirement don't signal their belief in Lunsford with money, it could dishearten rank-and-file D's in Kentucky.

3. There's nothing wrong with Kentucky offering "In God We Trust" license plates to motorists who want them. And it's far better that the state offer the plates on its own rather than have some private organization benefit from the sale of them. Still, the announcement by Gov. Steve Beshear that he will push for legislative approval of the plates in the next General Assembly has the feel of a governor looking to improve low poll numbers any way he can.

4. Ah, the dream of coal to liquid. Reruns of That 70s Show in Pike County.

Fancy Farm activities

If the number of scheduled events provide an accurate measure, Democrats apparently will be having the most fun the week of the Aug. 2 Fancy Farm Picnic.

D's start with a Thursday morning golf tournament at Mayfield's South Highland Country Club. On Friday, the West Kentucky Building and Construction Trades Pre-Fancy Farm Luncheon will be held at Paducah's Mid-America Xpo Center. Later that afternoon, state Rep. Mike Cherry and his wife Gail will host the Pennyrile Garden Party at their home in Princeton. The Marshall County Bean Dinner will be held Friday evening at the Kentucky Dam Village Convention Center. Before heading over to hear the Saturday afternoon oratory at the 128th picnic thrown by the good folks of St. Jerome Catholic Church, the D's will chow down at the Graves County/Mayfield Democratic Breakfast at Mayfield High School.

R's will have their own Night 'fore Fancy Farm GOP Rally at the Kenlake State Resort Park amphitheater. It's hosted by the Marchall County GOP Women. And Saturday brings the Graves County GOP Annual Fancy Farm Breakfast at Graves County High School. R's also are planning a state executive committee meeting during Fancy Farm weekend, but the day and time are still to be determined.

Of course, you don't have to hang with the D's and R's at their events to have fun and stuff yourself with food. There will be a fish fry and entertainment Friday night on the picnic grounds. The doors providing access to those serving tables full of pork, mutton, fresh veggies to die for and homemade desserts open at 11 a.m. Saturday. The speechifying kicks off at 2 p.m. And the bingo and assorted other sources of entertainment is pretty much non-stop.

Go. Enjoy. Hope to see you there. I'll be the one pigging out on those veggies.

Then, end your day enjoying a variety of music in the open air at Paducah's "Downtown After Dinner." If you're still hungry there are some excellent restaurants near the entertainment.

Or you can enjoy watermelon at the Bank of Benton's annual "Watermelon Bust" at Marshall County High School, followed by gospel music in the school auditorium.

A partial Fancy Farm lineup

According to Mark Wilson, chairman for the political portion of the 128th annual Fancy Farm Picnic, the following folks had confirmed their appearance at the Aug. 2 event as of late Tuesday:

House Majority Floor Leader Rocky Adkins (master of ceremonies), Gov. Steve Beshear, Lt. Gov. Daniel Mongiardo, U.S. Sen. Jim Bunning (who previously said he might never attend again because of safety issues), U.S. Senate candidate Bruce Lunsford, U.S. Rep. Ed Whitfield, 1st District U.S. House candidate Heather Ryan, Auditor Crit Luallen, state Sen. Kenneth Winters, state Senate candidate Carroll Hubbard and state Rep. Fred Nesler.

Also invited but not yet confirmed are U.S. Sen. Mitch McConnell, Secretary of State Trey Grayson, state Treasurer Todd Hollenbach, state Rep. Steven Rudy and state House candidate Mike Lawrence. (Grayson's spokesman Les Fugate said the secretary of state will be there.)

Wilson said two presidential candidates, Sen. John McCain and Sen. Barack Obama, have been invited and that Obama's camp had called to ask for the demographics and history of the picnic and area.

Confirmed no-shows include Attorney General Jack Conway and Agriculture Commissioner Richie Farmer, according to Wilson.

UPDATE: Conway spokesperson Allison Martin says the attorney general will be in Western Kentucky Wednesday, Thursday and Friday before the Fancy Farm Picnic. She said he was uncertain whether he could attend Saturday but had declined to speak out of deference to the candidates who are running for office this year.

Pot calling kettle alert

We only thought we would get a break from legislative posturing and pomposity when General Assembly members went home after the recent special session. But we should have known better, since this is an election year for lawmakers. In an election year, the silliness never ends. Well, at least not until November.

Proof of that came this week as a couple of Republican state senators and some House Democrats, including Speaker Jody Richards, tried to out-green each other as gas prices reached new heights in Central Kentucky.

It all began with Sens. Gary Tapp and Dan Seum scheduling a Wednesday press conference at Integrity Manufacturing in Bullitt County to announce that they were pre-filing a bill that would allow three-wheel cars to travel Kentucky highways. Integrity is a distributor for the Zap all-electric car. But after House Democrats hastily scheduled their own press conference at Integrity Manufacturing for Tuesday, Tapp and Seum went ahead and pre-filed the bill Monday.

Such jockeying to be first in line for green credit is silly enough in itself. But the needle on the silliness meter pegged when Tapp accused the Democrats of "playing pure politics." Gee, you think? So, what does Tapp expect - that he and Seum should be the only politicians who get to play "pure politics" with the issue of three-wheel cars?