FRANKFORT, Ky., Aug. 14, 2023 – The Supreme Court of Kentucky will hear oral arguments in civil cases Wednesday and Thursday, Aug. 16-17, in Frankfort. Proceedings are open to the public and will take place in the historic Supreme Court Courtroom on the second floor of the Capitol.
The public may observe in person or via livestream. Stream arguments as they happen or later as archives at kcoj.info/SCstream.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Oral Arguments
WEDNESDAY, AUG. 16, 2023
10 a.m.
ARKK PROPERTIES, LLC, ET AL. V. DANIEL CAMERON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY, ET AL. (2023-SC-0196-OA)
Supervisory Writ. Venue. Jurisdiction. KRS 452.005. Issues presented include whether amendments to KRS 452.005, enacted by passage of Senate Bill 126 during the 2023 Session of the General Assembly, are constitutional.
View attorneys and links to briefs at kcoj.info/SCAug2023.
Oral Argument Granted: June 14, 2023
Trial Court(s): Franklin Circuit Court
Presiding Judge(s): Hon. Phillip J. Shepherd
11 a.m.
CABINET FOR HEALTH AND FAMILY SERVICES V. M.Q.M., ET AL. (2022-SC-0383-DGE)
Family Law. Termination of Parental Rights. Dependency, Neglect, and Abuse. Right to Counsel. Issues presented include whether the Court of Appeals correctly reversed the termination of a father’s parental rights when: (1) father was not present or represented by counsel at the goal change hearing in the child’s most recent DNA case; (2) father was absent during much of the child’s life due to his incarceration; (3) father never had physical custody of the child and, therefore, was not the perpetrator of any of the acts alleged in the DNA petitions; (4) father recently complied with some of the Cabinet’s case plan requirements, including therapeutic visitation and drug screens; and (5) father tested positive for drugs two months before the TPR trial.
View attorneys and links to briefs at kcoj.info/SCAug2023.
Oral Argument Granted: February 8, 2023
Trial Court(s): Jefferson Family Court
Presiding Judge(s): Hon. Gina Kay Calvert
THURSDAY, AUG. 17, 2023
10 a.m.
RODNEY MCMILLIN, M.D. V. MARIO SANCHEZ, ET AL., (2022-SC-0272-DG)
Medical Malpractice. Certificate of Merit. KRS 411.167. Issues involve whether the statutory certificate of merit filing requirements are subject to possible discretionary extensions of time.
View attorneys and links to briefs at kcoj.info/SCAug2023.
Thompson, J., not sitting.
Oral Argument Granted: October 12, 2022
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Ann Bailey Smith
11 a.m.
HUGH KEITH MCWHORTER, ET AL. V. BAPTIST HEALTHCARE SYSTEM, INC. D/B/A BAPTIST HEALTH LEXINGTON (2022-SC-0354-DG)
Medical Negligence. KRS 411.167. Certificate of Merit. Timeliness. Motion to Dismiss. Issues include when a certificate of merit must be filed in a medical negligence case and whether a motion to dismiss on grounds of failure to file a timely certificate of merit must be raised in answer to complaint.
View attorneys and links to briefs at kcoj.info/SCAug2023.
Thompson, J., not sitting.
Oral Argument Granted: December 7, 2022
Trial Court(s): Fayette Circuit Court
Presiding Judge(s): Hon. Ernesto Scorsone
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