Nance v. Kentucky Administrative Office of the Courts

336 S.W.3d 70, 2011 Ky. LEXIS 32, 2011 WL 1089616
CourtKentucky Supreme Court
DecidedMarch 24, 2011
Docket2010-SC-000202-OA
StatusPublished
Cited by2 cases

This text of 336 S.W.3d 70 (Nance v. Kentucky Administrative Office of the Courts) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nance v. Kentucky Administrative Office of the Courts, 336 S.W.3d 70, 2011 Ky. LEXIS 32, 2011 WL 1089616 (Ky. 2011).

Opinions

Opinion of the Court by

Justice NOBLE.

This action arises from a petition filed by Judge William Nance, pursuant to CR 76.36, for a writ enjoining the Administrative Office of the Courts (AOC) to “cease and desist” from unlawful interference with his powers as “appointing authority” for the employees in his office as a circuit family court judge. In March of 2009, the employment of Sharon Travis, the Family Court Administrator for the 43rd Judicial Circuit, where Judge Nance presides, was terminated after an internal investigation reported that the Administrator created “an atmosphere of fear” and violated confidentiality rules. Judge Nance further asks, as ancillary to his appointing authority, that the Administrator be reinstated.

After careful deliberation, this Court finds that there is no basis for the writ, but acknowledges that this is the proper forum to decide the question. Though Judge Nance seeks reinstatement of the Administrator, among other things, this is not an appeal of a personnel decision. At the heart of this matter is the question of whether the Chief Justice can terminate the employment of an employee working in a circuit judge’s office, and if he has the authority, can it be delegated? Such disputes are properly brought in this Court. See Jones v. Commonwealth, Administrative Office of the Courts, 171 S.W.3d 53, 55 (Ky.2005).

Judge Nance begins by asserting that as the elected official in whose office the Administrator works, he is the sole appointing authority. As the appointing authority, he asserts that he not only hires the employee, he also is the official with the authority to fire that employee. There is support for his position in the AOC Personnel Policies, which must be approved by the Supreme Court pursuant to SCR 1.050(2). In the Policies, at Section [72]*721.03(1), there appears to be a clear delineation between the Director of AOC as an appointing authority “for personnel at the Administrative Office of the Courts” and the elected official “for the personnel in his or her office.” However, the policy does not address the termination authority of the Chief Justice.

The Kentucky Constitution, at Section 110(5)(b), states that the Chief Justice is the “executive head” of the Court of Justice and has the specific ability to “appoint such administrative assistants as he deems necessary.” Further the Chief Justice must submit the budget for the Court of Justice, which contains the financial request for the salaries of any positions within the Court of Justice. He is given the authority to manage the day-to-day aspects of the Court and its administration. This authority is balanced by the “power to prescribe rules ... for the appointment of commissioners and other court personnel” in the Court of Justice, which is given to the Supreme Court as a whole in Section 116 of the Kentucky Constitution.

Historically, at least since the beginning of the Court of Justice’s present incarnation, following the Judicial Article of 1975 creating the unified four-tier court system and a statewide administrative office to assist the courts, the Supreme Court has enacted Supreme Court Rules which give deference to the Chief Justice to act in his discretion on most day-to-day matters of court administration. Further, the Supreme Court has approved personnel policies for Court of Justice employees, which specify that non-tenured employees “serve at the pleasure” of the appointing authority.

The AOC Personnel Policy specifically at issue here, Section 1.03(1), says that the elected official is the appointing authority for employees in his or her office. This personnel policy has been duly approved by the Supreme Court, and sets forth policy in making local employment decisions: the elected official should decide who works directly with him or her on a daily basis. This includes choosing the person to be hired, and firing whoever does not work out successfully. This is a sound policy for many reasons: the Chief Justice cannot reasonably travel the state to all 120 counties with elected judicial officials to handle local employment decisions; the cost would be exorbitant; and in the long run, the elected officials and employees would possibly be incompatible.

Nonetheless, Section 110 of the Kentucky Constitution makes the Chief Justice the Chief Executive Officer of the Court of Justice. As such, he has participated in creating various employment positions, has approved the job descriptions, and has asked the legislature for the money to fund them, including the Administrator’s position in the 43rd Judicial Circuit. Additionally, as Chief Executive Officer, he must oversee the employment of Court of Justice personnel, even those in local offices, and act when a local official refuses to act, if it is in the best interests of the Court of Justice.

In this case, the Court Administrator at issue had been the subject of a complaint made to the AOC Personnel Department during an exit interview of another employee. This complaint led to an investigation by an outside, neutral attorney. In her report, the investigator found that the Court Administrator had violated confidentiality principles relating to confidential matters and had created a hostile work environment, or “an atmosphere of fear.” Recommendations regarding her future employment were made, which were presented to the local official who refused to follow the recommendations and terminate her employment. No formal complaint [73]*73was initiated under the Court of Justice harassment policy.

At that point, the Director of AOC entered the dispute. KRS 27A.020(1) provides that the Chief Justice may delegate administrative services for the Court of Justice and the supervision of clerical and administrative personnel to the AOC Director. While this statute may raise questions regarding separation of powers, this Court has long given it comity in most instances. Certainly, in this instance, it allows no more than the authority the Chief Justice, as the executive head of the Court of Justice, already has. In any administrative capacity, some functions may or must be delegated, particularly when the executive heads a separate branch of government with employees numbering in the thousands. In fact, for example, the Supreme Court has approved the policy that the Director has “responsibility for the implementation of the Court of Justice Equal Employment Opportunity Policy.” AOC Personnel Policies, Section 3.01(2).

However, in an independent capacity, it is not the Director of AOC who has termination authority for Court of Justice Employees. There is no grant of authority to the AOC Director beyond that which is delegated to him by the Chief Justice, or by the Supreme Court in its rule-making capacity.

Acting on the impartial report, former AOC Director Jason Nemes first asked Judge Nance to discharge the Administrator. Judge Nance had refused to participate in the investigation, and refused to discharge her when asked to do so.

At this point, three written communications become important to the analysis of this case. In a letter dated March 26, 2009, then-Director Jason Nemes wrote the Administrator to terminate her employment. The letter specifically states that “pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS

Related

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W.D. Kentucky, 2026
Administrative Office of the Courts v. Miller
468 S.W.3d 323 (Kentucky Supreme Court, 2015)
Nance v. Kentucky Administrative Office of the Courts
336 S.W.3d 70 (Kentucky Supreme Court, 2011)

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Bluebook (online)
336 S.W.3d 70, 2011 Ky. LEXIS 32, 2011 WL 1089616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nance-v-kentucky-administrative-office-of-the-courts-ky-2011.