Ruling Postpones Trial Of Kentucky Governor

Gov. Ernie Fletcher has been accused in a patronage hiring scheme. (Ed Reinke - AP)

Kentucky Gov. Ernie Fletcher (R), who was indicted earlier this year for alleged patronage hiring, cannot be prosecuted while in office, a judge ruled yesterday.

Judge David E. Melcher rejected Fletcher's request to throw out the charges but ruled that the governor has immunity from prosecution as long as he remains in office.

Fletcher, the state's first Republican governor since 1971, has denied the charges and said the case is politically motivated. The governor filed a lengthy motion last month invoking his immunity and asking that the charges be dismissed.

The ruling on that motion effectively halts the case for as long as Fletcher remains governor, but he can go on trial after he leaves office. His term ends next year. The trial had been scheduled for Nov. 8.

The office of Attorney General Gregory D. Stumbo, a Democrat, released a statement expressing satisfaction that Melcher allowed the charges to stand.

"Governor Fletcher's criminal trial will be delayed until he is either impeached or out of office," the statement said. "The Court's ruling affirms the principle that no person is above the law."

The governor's office also praised the decision in a statement.

"We are pleased with today's ruling because Kentuckians are weary of this sad ordeal. Now, we can all turn our full attention to the children, families and communities of this great Commonwealth," the statement said.

Donald Gross, a professor of political science at the University of Kentucky, said Fletcher is in "real trouble." The governor is perceived as having broken his campaign pledge to clean up government corruption, Gross said, and prominent Republicans in the state have begun to distance themselves.

"The real difficulty is that this whole cloud of scandal will continue to hang over his administration over and over again," Gross said.

Fletcher was indicted in May on charges of criminal conspiracy, official misconduct and violating a prohibition against political discrimination, stemming from a program called the Governor's Personnel Initiative.

According to the indictment, the initiative violated state hiring laws by putting political appointees in each Cabinet branch of the state government who would ensure that handpicked applicants got hired. Fletcher supporters would allegedly recruit candidates for open positions and guide them through the hiring process.

The indictment also said an initiative member known as the "vetting guy" was tasked to create a "hit list" of state workers "targetted for adverse employment actions based on political affiliations or opinions."

Fourteen other people, including three Fletcher staffers and three top Cabinet officials, were also indicted in connection with the alleged patronage scheme last year, but Fletcher granted pardons to anyone associated with the investigation. He did not extend the pardon to himself. Nine administration members later resigned at Fletcher's request.

Fletcher also successfully argued to Melcher last month that the attorney general should not be personally involved in the case because of the possibility that he will run for governor. A spokeswoman for Stumbo said he has no plans to run.

Melcher, who sits in Harrison County Family Court, ruled on the motion from the bench but was expected to issue a written ruling by next Friday. He was appointed to oversee the case to avoid any conflict of interest for the original judge.