Robert Stivers, in His Official Capacity as President of the Kentucky Senate v. Honorable Phillip James Shepherd

Summary

The Supreme Court of Kentucky held that the President of the Kentucky Senate, the Speaker of the Kentucky House of Representatives, and the Legislative Research Commission were protected by legislative immunity from the Governor's declaratory judgment action challenging the constitutionality of emergency-related legislation. The court concluded that supporting and voting on legislation constituted legitimate legislative activity protected by Section 43 of the Kentucky Constitution. It reversed the denial of the Legislative Defendants' motions to dismiss and remanded with instructions to dismiss all claims against them with prejudice.

Holdings

1. An order denying a government official's claim of legislative immunity is immediately appealable under the collateral order doctrine because the immunity claim would be effectively lost if review were postponed until final judgment.
2. Section 43 of the Kentucky Constitution protects legislators from suit arising from their participation in supporting and passing legislation, including legislation alleged to be unconstitutional.
3. The Legislative Research Commission is protected by legislative immunity on this record because it functions as the administrative and research arm of the General Assembly and was sued for conduct connected to legitimate legislative activity.
4. An allegation that legislation encroaches on executive power does not create an exception to legislative immunity where the defendants are sued for supporting and passing the legislation.
5. The court need not decide whether legislative immunity would bar suit where no conceivable nonlegislative defendant exists and no other judicial remedy is available because judicial review was not impossible in this case.

Questions Presented

1. Whether the Legislative Defendants' interlocutory appeal from the denial of their motions to dismiss was reviewable under the collateral order doctrine.
2. Whether Section 43 of the Kentucky Constitution grants legislative immunity to legislators and the Legislative Research Commission from a declaratory judgment action challenging the constitutionality of legislation they supported and passed.
3. Whether the existence of an alleged encroachment on executive power creates an exception to legislative immunity.
4. Whether the court should address the Legislative Defendants' alternative statutory and prudential arguments after finding constitutional legislative immunity.

Disposition

reversed_and_remanded