Asbury v. Robinson

CLAY, Commissioner.

This is an original proceeding in this Court seeking an order prohibiting respondent, a judge of the Boyd Circuit Court, from acting in that capacity on the ground that the act authorizing his appointment is unconstitutional. No question is raised concerning the propriety of this procedure, which we accepted as appropriate in Harrod v. Meigs, Ky., 340 S.W.2d 601. Respondent raises a question of timeliness in bringing this suit, but we do not consider this a sufficient defense.

In 1966 the legislature authorized an additional judge for the Thirty-second Circuit Court…