W. Mitchell Nance
W. Mitchell Nance was a family court judge for the Barren and Metcalfe Counties Family Court of the 43rd Judicial Circuit. This court serves Barren and Metcalfe counties in Kentucky.[1] Nance was first appointed to the family court in 2003. He was re-elected to an eight-year term without opposition in 2014.[2][3] Nance resigned from the court on December 16, 2017.[4]
Nance announced his intention to resign on October 26, 2017, after charges were filed against him with the Kentucky Judicial Conduct Commission. The charges were filed after Nance issued an April 2017 order saying that he would not hear adoption cases involving same-sex couples. Learn more about this case by clicking here.
Biography
Nance received his undergraduate degree from Harvard University and his J.D. from the University of Louisville. He was admitted to the bar in 1977.[5]
Elections
2014
See also: Kentucky judicial elections, 2014
Nance ran for re-election to the 43rd Judicial Circuit.
General: He was unopposed in the general election on November 4, 2014.
[2]
Noteworthy events
Conduct charges and resignation
On October 26, 2017, Nance announced his resignation from the family court effective on December 16, 2017. His resignation followed charges filed with the judicial conduct commission related to Nance's April 2017 order declining to hear cases involving adoptions for same-sex couples. Nance issued the order because he felt that same-sex couples would not provide for the best interest of adopted children. The charges filed by the ACLU of Kentucky and the Fairness Campaign argued that Nance violated judicial conduct codes by failing to provide impartiality in adoption cases involving all couples. Nance's attorneys countered that the charges prevented the judge from adhering to his religious beliefs. The state of Kentucky allows adoption by same-sex couples.[4]
A 1995 ruling by the Kentucky Supreme Court determined that general orders by judges in Kentucky needed to be approved by the supreme court. Nance submitted his April 2017 order to Chief Justice John Minton, who denied its applicability.[4][6] Nance's statement of resignation requested dismissal of conduct charges before the commission.[4]
Challenge to dismissal of administrator
In 2013, after the Administrative Office of the Courts (AOC) dismissed his family court administrator, Nance filed for a writ enjoining the AOC to cease and desist from unlawful interference with his powers as appointing authority for the employees in his office as a circuit family court judge. The Kentucky Supreme Court ruled against him.[7]
See also
External links
- Kentucky Court of Justice, "Barren and Metcalfe Family Court"
- Kentucky Court of Justice, "Judicial Circuits Map"
Footnotes
- ↑ Kentucky Court of Justice, "Kentucky Circuit Court Judges," accessed November 11, 2014
- ↑ 2.0 2.1 Kentucky Secretary of State, "Election: 2014 Primary Election: Family Court Judge," accessed February 17, 2014
- ↑ Judicial selection in Kentucky
- ↑ 4.0 4.1 4.2 4.3 Glasgow Daily Times, "Judge Nance resigns," October 26, 2017
- ↑ Martindale.com, "Judge Profile: W. Mitchell Nance," accessed November 18, 2014
- ↑ U.S. News & World Report, "Kentucky Judge Who Refused to Handle Gay Adoptions Resigns," October 26, 2017
- ↑ FindLaw, "Nance v. Administrative Office of the Courts," accessed July 8, 2013
Federal courts:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Kentucky, Western District of Kentucky • U.S. Bankruptcy Court: Eastern District of Kentucky, Western District of Kentucky
State courts:
Kentucky Supreme Court • Kentucky Court of Appeals • Kentucky Circuit Courts • Kentucky District Courts • Kentucky Family Court
State resources:
Courts in Kentucky • Kentucky judicial elections • Judicial selection in Kentucky
