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PHILPOT v. HAVILAND

No. 94-SC-145-TG.

880 S.W.2d 550 (1994)

Senator Tim PHILPOT, Senator David Williams, Senator Walter A. Baker, Senator Charlie Borders, Senator Virgil Moore, Senator Richard L. Roeding, and Senator Gex Williams, III, all in their capacity as members of the Kentucky State Senate, Appellants, v. Julie HAVILAND, in her capacity as Clerk of the Kentucky State Senate; Senator Benny Ray Bailey, Senator Charles W. Berger, Senator Walter Blevins, Jr., Senator David E. Boswell, Senator Fred Bradley, Senator Tom Buford, Senator Lindy Casebier, Senator Ed Ford, Senator Kelsey Friend, Senator Jeff Green, Senator Gene Huff, Senator Susan D. Johns, Senator Nick Kafoglis, Senator David K. Karem, Senator Dan Kelly, Senator Henry G. Lackey, Senator Robert J. Leeper, Senator Danny Meyer, Senator Joseph U. Meyer, Senator Michael Moloney, Senator Gerald A. Neal, Senator Kim L. Nelson, Senator Joey Pendleton, Senator Rick W. Rand, Senator John D. Rogers, Senator John A. Rose, Senator Larry Saunders, Senator Tim Shaughnessy, and Senator Tom Smith, in their capacity as members of the Kentucky State Senate, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 1, 1994.

Attorney(s) appearing for the Case

Tim Philpot, pro se.

David Williams, pro se.

Walter A. Baker, pro se.

Charlie Borders, pro se.

Virgil Moore, pro se.

Richard L. Roeding, pro se.

Gex Williams, III, pro se.

Chris Gorman, Atty. Gen., Thomas J. Hellmann, Asst. Atty. Gen., Frankfort, and Jackson W. White, Jack B. Harrison, Frost & Jacobs, Lexington, for appellees.

SPAIN, Justice.

Seven members of the thirty-eight-seat Kentucky Senate initiated this suit in the Franklin Circuit Court challenging the constitutionality of Senate Rule 48 adopted in the 1994 Session of the General Assembly. Named as defendants were the Clerk of the Kentucky Senate and twenty-nine remaining members of the Senate.

Two of the plaintiffs previously unsuccessfully challenged the 1992 version of said Senate Rule in the Franklin Circuit Court,...

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