Governor Matt Bevin filed a lawsuit in Franklin Circuit Court Tuesday to disqualify Attorney General Andy Beshear and his office from the political lawsuit filed last week against Kentucky’s recently enacted pension reform law, known as Senate Bill 151.
According to a release, the filing lays out significant evidence that Beshear provided legal advice to his client, the Commonwealth, regarding Senate Bill 151, thereby violating the Rules of Professional Conduct that govern all attorneys.
Governor Bevin says conflicts of interest do not disappear simply because the Attorney General says they do. He went on to say Kentucky has adopted strict rules regarding conflicts for its attorneys, and the Attorney General’s suit violates these rules. He says Franklin Circuit Court must disqualify him and his office from this action to protect the integrity of the judicial system.
The release indicates AG Beshear, acting in his capacity as Kentucky’s “chief law enforcement officer,” provided legal advice to the duly elected representatives of the people of the Commonwealth, members of the General Assembly. Officials say state legislators followed some of AG Beshear’s legal advice in arriving at their final pension bill passed on March 29.
Governor Bevin’s motion argues that the Office of the Attorney General must be disqualified from prosecuting its case because of these conflicts. The motion says the Rules of Professional Conduct prohibit AG Beshear from suing the Commonwealth and its legislative leaders regarding SB 151 because he has already provided legal advice to them regarding these exact issues.
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