A motion was filed today in Jefferson Circuit Court claiming that Daniel Cameron does not meet the constitutional requirements to be Kentucky Attorney General, and that his candidacy be declared invalid and his name removed from the ballot.
The suit was filed on behalf of Joseph Jackson, a voter in Louisville, by the law firm of Branstetter, Stranch, and Jennings. (The filing points out that any registered voter is qualified to challenge the bona fides of any candidate.) The suit names not only Cameron as the defendant, but also Alison Lundergan Grimes in her capacity as Secretary of State, and the state Board of Elections.
The basis of the complaint
The filing bases its claims on the timeline of Cameron’s legal experience.
- Kentucky law requires the state Attorney General to have eight years of legal practice at the time of the election.
- Cameron was admitted to the bar in October of 2011, therefore he would have been a member of the bar for eight years just before the election in November.
- HOWEVER, Cameron did not start practicing law on that date. Instead, he served as a law clerk for the Honorable Gregory Van Tatenhove, U.S. District Court Judge for the Eastern District of Kentucky, from 2011 to 2013.
- As noted in the “Ethics for Federal Judicial Law Clerks,” law clerks are not permitted to practice law while they are clerking. Therefore, Cameron does not have the required eight years of law practice; he has, at most, six.
The complaint then goes on to note that the writers of the Kentucky Constitution were clear that they wanted an Attorney General who had actually practiced law for eight years, and not merely held a license.
The relief requested
The motion asks for “a declaration that Cameron should be disqualified as a candidate for office because he does not meet the qualifications set forth in the Kentucky Constitution.”
The filing also asks that the court “certify its findings to the Jefferson County Board of Elections, Allison Lundergen Grimes in her official capacity as Secretary of State, and the State Board of Elections for the Commonwealth of Kentucky, and order that Daniel Cameron’s name be removed from any written designation of candidates, prospective ballot or voter information, as required by KRS 118.176(4).”
And finally, the filing requests an immediate hearing on the matter, due to the time constraints surrounding the production of ballots.
In a press release, Ben Gastel, an attorney from Nashville, stated that “it is critical to the rule of law in the Commonwealth that only constitutionally qualified candidates for elected office appear on the ballot. Given Mr. Cameron’s short career, it does not appear he meets the constitutional qualification that he be a ‘practicing lawyer’ for at least eight years. Our intent is to have this case heard before the election so that voters can be sure they cast ballots only for candidates that are actually qualified to represent the Commonwealth as its chief attorney.”
You may read the complaint here: 19-09-17 Complaint
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