Fletcher v. Graham

Dissenting in part opinion by

Justice COOPER.

I concur with that portion of the majority opinion entitled “Appointment of Special Justices,” ante, at 365-66. From the remainder of the majority opinion, I strongly dissent.1

I. FACTS.

The provisions of Kentucky’s “merit system” statutes that are pertinent to this case are:

KRS 18A.095. Rights of executive department employees.

[[Image here]](2) A classified employee with status shall not be dismissed, demoted, suspended, or otherwise penalized except for cause.

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*372KRS 18A.111. Probationary periods for classified service — Initial and…