Kentucky's first constitution created a Court of Appeals in 1792 and gave the General Assembly authority to establish lower courts. The legislature created Circuit Courts in 1801. Over time, it also established county, quarterly, police, municipal, justice of the peace and other local courts. The 1850 Constitution made judicial offices elective, drawing judges more directly into Kentucky's political life.
The 1891 Constitution retained much of that local structure. Circuit Court remained the trial court of general jurisdiction, while a mix of lower courts handled limited matters. The Court of Appeals served as Kentucky's only appellate court. County judges held both judicial and administrative authority, which is why Kentucky's county chief executive is still known as the county judge-executive.
As Kentucky grew, the system became increasingly difficult to administer. Local courts had overlapping jurisdiction, inconsistent procedures and uneven resources. Some lower-court judges were not lawyers. The Court of Appeals faced a mounting caseload and litigants could wait years for a decision. A state efficiency commission called for a unified system, but reform efforts continued for another half-century.
A Long Campaign for Reform
Court reform became part of a broader effort to replace the 1891 Constitution. A proposed constitution presented to voters in 1966 included a four-level court system with a Supreme Court, an intermediate Court of Appeals, Circuit Court and District Court. Voters rejected the proposed constitution as a whole, but supporters continued working to advance court reform as a separate amendment.
The Kentucky Bar Association and other organizations kept the issue before the public. In 1968, a Citizens Conference on Kentucky State Courts helped renew the effort. By 1973, committees representing the governor, General Assembly, Court of Appeals, Kentucky Bar Association and Kentucky Crime Commission were studying reform. Their work was coordinated through an ad hoc drafting committee led by Morton J. Holbrook Jr.
The Kentucky Citizens for Judicial Improvement organized public conferences, commissioned statewide polling and built a broad coalition. Public input shaped the proposal. For example, the drafters retained judicial elections after polling showed strong public support for electing judges. The final proposal called for nonpartisan judicial elections and a Judicial Nominating Commission to recommend candidates for vacancies.
The General Assembly and Voters Act
Sen. William Sullivan introduced the proposed Judicial Article as Senate Bill 183 on Feb. 4, 1974. The Senate approved it 25-13, the three-fifths majority required to place a constitutional amendment on the ballot. The House approved the measure 79-4. Gov. Wendell H. Ford signed it March 20, 1974.
Supporters then had 19 months to make their case to voters. More than 200 lawyers, judges and civic leaders formed a speakers bureau. The Kentucky Bar Association organized representatives in all 120 counties. The Kentucky League of Women Voters, law enforcement organizations, business groups, churches and civic organizations joined the campaign. The campaign's memorable slogan told voters: “You can take the law into your own hands."
On Nov. 4, 1975, Kentuckians approved the Judicial Article by a vote of 395,543 to 215,419. The amendment carried only 35 counties, but strong support in the state's urban areas produced a decisive statewide victory. The vote established the constitutional foundation for one state-funded Court of Justice.
Building One Court of Justice