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High Court Rules In Fox Dispute With State

By Tony McVeigh/Kentucky Public RadioThe Kentucky Supreme Court has handed Virginia Fox, formerly of Kentucky Educational Television, a major victory in her legal battle with the state.In July 2007, then-Gov. Ernie Fletcher appointed Virginia Fox to the Council on Postsecondary Education for a term expiring December 2012.In 2008, the Kentucky Senate approved Fox’s appointment, but the House did not. By then, Steve Beshear was governor and his attorney informed Fox her seat was legally vacant and she was being replaced on the CPE by former Lexington Mayor Pam Miller.Fox sued, saying the ultimate power to confirm appointees resides with the Senate. The trial court granted the governor’s motion to dismiss and the case immediately moved to the Supreme Court.In a 5-2 decision, with Justices Cunningham and Shroder dissenting, the high court agrees with Fox. The court says Section 93 of the state constitution, as amended in 1992, clearly gives the Senate confirmation authority over appointees.The high court did not reinstate Fox, but sent the case back to Franklin Circuit Court for further deliberations.

Rick Howlett was midday host and the host of LPM's weekly talk show, "In Conversation." He was with LPM from 2001-2023 and held many different titles, including Morning Edition host, Assignment Editor and Interim News Director. He died in August 2023. Read a remembrance of Rick here.

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