New court venue bill challenged in circuit court

Friday, March 31, 2023 at 9:41 AM

By Tom Latek Kentucky Today @Wikicountry

Involves cases from circuit courts

(STORY COURTESY OF KENTUCKY TODAY)

FRANKFORT, Ky. (KT) – A court venue bill, which was one of the bills vetoed by the Governor and overridden by the General Assembly on Wednesday, has seen its first implementation in a Franklin Circuit Court case.

Senate Bill 126 allows parties to seek a change of venue in cases involving state government with the circuit court where the suit was filed. The Supreme Court Clerk would then draw a county at random where the case would be transferred, without any kind of hearing.

The very first case to seek a change of venue under the new law is the one that bans so-called “Gray Machines” in Kentucky, which was filed at Franklin Circuit Court. Attorney General Daniel Cameron’s office, which is listed as the defendant in the suit filed by supporters of gray machines, filed the notice of transfer.

The brief filing says, “The clerk of the Supreme Court shall direct the transfer of this action to a different circuit court chosen through random selection. The clerk of the Supreme Court shall then notify the Franklin Circuit Court clerk, and the circuit court shall immediately transfer the action and the record of the action to the circuit clerk designated by the clerk of the Supreme Clerk.”

However, the plaintiffs in the suit, which include machine manufacturers, businesses who host the machines and players of the games, are seeking to halt the process.

Their filing states: “Specifically, Plaintiffs move the Court to enter an order directing the Franklin Circuit Court Clerk not to transfer this action and case record from this Court to any other Circuit Court.”

They also noted that “the amendment to KRS 452.005 which the Attorney General relies upon was not in effect at the time Plaintiffs filed this action on March 28, 2023. The amendment did not become effective until March 29, 2023.”

The plaintiffs of the suit also maintain the new law is unconstitutional on several grounds. They include violation of due process, equal protection, separation of powers and denying plaintiffs other legal rights.

A hearing on the action is expected to take place Monday, April 3 at Franklin Circuit Court.