It’s been like the judicial hall of fame in Madison Family Court and Madison District Court lately. We have had some of the best former district and circuit judges in Kentucky presiding over those two courts. It’s not entirely a good thing. They are not judges we elected, and they are not permanent. As the situation persists, there are negative consequences.

In July of last year, our long-serving circuit judges, William Jennings and Julia Hylton Adams both left the bench. Judge Jennings retired while Judge Adams retired, but elected what is known as “senior status.” The timing of the judges’ moves was terrific. It meant the people of the 25th Judicial Circuit — Clark and Madison counties — would get to elect new circuit judges. Had Judge Adams and Judge Jennings waited another month, our new judges would have been appointed by the governor.

The two circuit court vacancies were filled in November when one of our two family court judges, Jean Chenault Logue, and one of our three district court judges, William Clouse, won the elections. Their moves to circuit court created vacant seats in family court and district court. At that point, it was up to the chief justice of the Kentucky Supreme Court to begin the process of permanently filling those seats. November went by; then December — now January is over. Nothing has happened.

It’s no secret, Kentucky is broke. And apparently that is why nothing is being done about the vacancies.

In 2008, the judicial retirement system underwent a significant change, prompting numerous judges statewide to retire. Many judges elected senior status. Senior status allows judges to retire early, but still collect full retirement benefits. Senior status judgeships were created by statute to help combat “backlog and delay.” In practice, senior status judges often have been utilized to fill in temporarily when local judges are either unable to preside or when judicial seats are empty. Senior status judges are required to serve 120 days on the bench per year for five years in exchange for full retirement benefits.

Right now, Kentucky has a surplus of senior status judges on the payroll and very little money. Not surprisingly, it seems the state is saving money by leaving judicial seats vacant in favor of using senior status judges to hear cases. We are not alone. This practice is statewide. The key difference in Madison and Clark counties is our judicial vacancies were caused by the election of sitting judges to new positions, not retirements.

The senior status judges who serve us are almost without exception excellent, particularly Judge Adams. If these judges are so good, why should anyone care? Well, for starters, with the exception of Judge Adams, they are not our judges. The senior status judges were not elected by the people of Madison and Clark counties. They do not answer to us as the Kentucky Constitution requires.

One of the checks on judicial power is the ballot box. If a local judge makes poor decisions on the bench, the voters can vote him or her out. If a senior status judge makes a poor decision, there is no recourse.

Also, family court judges and district court judges are often on call 24 hours per day to deal with emergency matters. When the sun goes down, senior status judges are typically off duty.

The drawbacks to relying so heavily on senior status judges are significant for the public, particularly in family court. Family court was created so that one judge would hear all aspects of domestic cases: divorce, custody, child support, abuse. Better informed judges make better rulings. Recently, some litigants in Madison Family Court find their judge keeps changing. The judge who heard the custody motion last month is not the same judge hearing the child support motion today. No matter how exemplary a judge may be, it is tough to get up to speed on so many cases quickly.

Imagine going to school every day for a week and having a different substitute teacher. Or becoming severely ill and starting over with a new doctor each time you have an appointment. They might do the best job they can, but you want your teacher and your regular doctor back. That’s what it is like when senior status judges continually fill in.

The senior status program is excellent when it serves its purpose. Because of financial hardship, the limits have been stretched, and that is understandable. While we should be grateful to have such excellent judges in Madison and Clark counties in our time of need, it is time to begin the process of selecting permanent judges. Our judges.

Wes Browne is a Richmond attorney. Reach him at 624-4077.