On September 11th of this year, the Commonwealth of Kentucky Judicial Conduct Commission brought forth formal proceedings and charges against 43rd District Family Court Mitchell Nance.
It all goes back to the late April General Order sent out by Jude Nance that ‘under no circumstance” would the adoption of a child by a homosexual couple be in the child’s best interest. According to the Docket Entries, the commission found numerous violations of the Judicial Code of Conduct and they do constitute misconduct in office.
-failure to respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary
-failure to be faithful to the law
-Judge Nance, by words or conduct, manifested a bias or prejudice, which is prohibited based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status
-failure to respect and uphold the integrity and independence of the judiciary
Judge Nance had filed an extension to answer the Notice of Formal Proceedings until today. Yesterday, October 25th, Judge Nance resigned his position as Barren and Metcalfe County Judge effective at 11:59pm on December 16th of this year. Judge Nance waived any formal hearing and requested dismissal of these charges. Judge Nance’s answer read:
“same sex adoptions present a unique crisis of conscience for Judge Nance.”
He felt that many matters in family court, such as dissolution, dependency custody and visitation concern contexts where the legal parent child relations pre-exist and would be a reconfiguration of legal parent child relationships In the matter of adoptions, the formation rather than the reconfiguration is the issue.
In a letter from Judge Nance, he thanked the people of Barren and Metcalfe counties for electing him to the position and also thanked his staff, fellow judges and clerks and dedicated members of the bar. He said it has been an honor to work in these courts.