Honorable George W. Davis, III v. Honorable Thomas D. Wingate, Judge, Franklin Circuit Court, Division II

Summary

The Kentucky Supreme Court affirmed the denial of a writ petition seeking to prevent the Franklin Circuit Court from hearing a declaratory judgment action challenging the constitutionality of House Bill 427. The Court held that Franklin Circuit Court had subject-matter jurisdiction over the constitutional challenge under Kentucky’s declaratory judgment statute, and that the candidate-bona-fides procedure in KRS 118.176 did not divest it of jurisdiction. The Court emphasized the distinction between challenging the constitutionality of the governing statute and challenging the candidate’s qualifications.

Holdings

1. A first-class writ proceeding alleging that a lower court is acting outside its jurisdiction is reviewed de novo when the alleged error presents a question of law concerning jurisdiction.
2. Franklin Circuit Court had jurisdiction to hear Rosen's declaratory judgment action concerning the constitutionality of HB 427.
3. A court acts outside its subject-matter jurisdiction only when it has not been given, by constitutional provision or statute, the power to hear the type of claim at issue; jurisdiction is distinct from venue.
4. Davis was not entitled to a writ prohibiting Franklin Circuit Court from proceeding with Rosen's declaratory judgment action.

Questions Presented

1. Whether Franklin Circuit Court had subject-matter jurisdiction to hear Rosen's declaratory judgment action challenging the constitutionality of HB 427.
2. Whether KRS 118.176's procedure for challenging a candidate's bona fides vested exclusive jurisdiction in the circuit court of the candidate's county of residence over Rosen's constitutional challenge.
3. What standard of review applies to a first-class writ proceeding alleging that a lower court is acting outside its jurisdiction.

Disposition

affirmed