Legal Opinion

McClure v. Augustus

Kentucky Supreme Court

Decided September 26, 2002No. 2001-SC-0028-DGPublishedCited by 5 opinions

1Opinion of the Court

JOHNSTONE, Justice.

In this case we address the issue of whether the scheme for terminating the employment of deputy sheriffs established in the Deputy-Sheriff Merit Board statutes, KRS 70.260 et seq., is an unconstitutional violation of the separation of powers doctrine. We conclude that it is not and, therefore, reverse the Court of Appeals.

I. Facts and Procedural History

On July 21, 1998, Sheriff Frank Augustus terminated Ronald McClure’s employment as a McCracken County deputy sheriff. McClure subsequently requested a hearing before the McCracken County Deputy Sheriff Merit Board (Merit…

2Cases cited7 opinions

  1. Meyers v. Chapman Printing Co., Inc.Kentucky Supreme Court · 1992
  2. Commonwealth Ex Rel. Cowan v. WilkinsonKentucky Supreme Court · 1992
  3. Johnson v. Commonwealth Ex Rel. MeredithCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Brown v. BarkleyKentucky Supreme Court · 1982
  5. McChesney v. Sampson, GovernorCourt of Appeals of Kentucky (pre-1976) · 1930

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Elliott v. LanhamMissouri Court of Appeals · 2018
  2. Hoskins v. MaricleKentucky Supreme Court · 2004
  3. Hoskins v. MaricleKentucky Supreme Court · 2004
  4. Russell Coleman, in His Official Capacity as Attorney General of the Commonwealth of Kentucky v. Andy Beshear, in His Official Capacity as Governor of the Commonwealth of KentuckyCourt of Appeals of Kentucky · 2024
  5. Wheeler v. WardDistrict Court, W.D. Kentucky · 2020

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