FRANKFORT, Ky. — in what promises to be a highly consequential election for the Commonwealth, three of the seven seats in the state’s highest court are up for grabs. 

One Kentucky Supreme Court Justice, Michelle Keller, hopes to maintain her position and explained the important role she and her fellow justices play. Keller also said she’s going to continue running a traditional campaign. That’s despite her opponent taking a partisan stance for what is supposed to be a nonpartisan office. 

Fischer has represented district 68 in the Kentucky House of Representatives since 1998. Keller has been a Supreme Court Justice for 10 years. (Legislature.ky.gov, kycourts.gov)

Voters elect seven justices from seven districts across the state, though they each have jurisdiction over the entire state.

As the state’s judicial branch, Justice Michelle Keller used the analogy of baseball umpires to describe how the Supreme Court operates. The court sometimes has to call balls or strikes between the executive and legislative branches, ensuring it’s a fair game.

“And if we don’t run that way as candidates, and don’t conduct ourselves that way as judges, then the voters can not trust us to behave in that manner,” she said.

The court spends most of its time though, according to Keller, adjudicating cases for regular Kentuckians. This November, three of the seven seats will be contested.

With Chief Justice John Minton and Justice Lisabeth Hughes retiring, Keller could become the most senior member of the court by about five years.

“Although, I’ll be honest, the last couple of years have been a trying time for the court. For everyone here at home and across the nation, I felt that kind of experience that I posses at this point really compelled me to stay on the court, so I can help lead the court into the next term,” Keller said. “Being the Justice for this district on the Supreme Court is the greatest professional privilege I’ve ever had, and can really ever imagine having.”

Her opponent in the 6th Supreme Court District is State Representative Joseph Fischer, a Republican. Fischer’s campaign has drawn criticism, including from Keller, for leaning into his conservative values and where he stands on hot button political issues.

“He fought to protect the unborn, defend the right to bear arms, and pass expansive conservative priorities,” is a line from one of Fischer’s campaign advertisements.

Spectrum News 1 has reached out to Fischer several times to be interviewed for this story, but he has not responded.

Keller explained voters elect Kentucky’s judges on a non-partisan ballot. That’s why she believes her opponent’s campaign is not appropriate.

“Judges and justices really can’t weigh in on hot button political issues. We have judicial, ethical rules that prohibit us from doing that, and for good reason,” she said. “The third branch, the judges, the judiciary, need to be above partisan politics. Lady Justice is blind for a reason. Everyone should be equal in the eyes of the law. There should be no favoritism based on race, color, creed, religion, sexual preference or political party. And when you have judges that run as political party candidates, or espousing a particular political ideology, or ideology on particular issues, then you run the risk of losing that impartial judiciary that we have really been the benefit of here in Kentucky.”

Keller said interpretation of both the U.S. and Kentucky constitutions, as well as precedent in prior cases, should primarily guide how Supreme Court justices decide cases.

“It’s been very clear that not only is my opponent running a partisan race, and has been clear that he has no regard for the current rules of the supreme court, or the judicial conduct commission, or quite frankly, for our constitution, which mandates non-partisan races,” Keller said

Fischer filed a motion to prevent the Kentucky Judicial Conduct Commission from taking action on him after the group released a statement saying he places too much emphasis on his partisan affiliation.

A criticism of non-partisan races has been: how can people truly know who judges are, and what they stand for, without knowing their affiliation?

To that, Keller said her ten years of experience as Supreme Court Justice, which followed six years as an appellate judge, have a reputation of fairness and integrity. Before first elected to the court of appeals, she had practiced law for 17 years. Keller is also chair of the Kentucky Access to Justice Commission.

“I think the voters should know who their judges are. And I think not only legal competence and experience, but our moral integrity and everything about us is important,” Keller said.

Fischer has been representing District 68 in the Kentucky House of Representatives since 1998. Before retirement, he practiced law privately and at a corporate level.

“Activist judges are incorrectly substituting their politics for the law. Now I’m running to become your supreme court justice because I’m committed to defending the rule of law, not radical activist politics,” said Fischer in another ad.

A major decision on whether Kentucky’s constitution provides a right to abortion is pending before the state Supreme Court. While Fischer has made his intention to advocate for anti-abortion policies clear, Keller said she couldn’t comment on the pending case.

“What I do pledge is that when those issues come before me, I will look at the law, and I will carefully analyze the law, and will apply the law to the facts,” she said. “Because that’s my job.”

Whether it remains her job will be up to the voters, some of whom will undoubtedly be influenced by issues Fischer is taking a stand on, while his opponent remains neutral publicly.

Some legal experts have said, if elected, Fischer would need to recuse himself from issues he previously took a stance on, such as abortion.