Kentucky Supreme Court Disqualifies Judge Julie Goodman Over ‘Sole Protector’ Comment in UK Discrimination Case

On Tuesday, February 18, 2025, Lexington Herald-Leader reported that the Kentucky Supreme Court had removed Fayette County Circuit Court Judge Julie Goodman from a discrimination lawsuit against the University of Kentucky.

The decision, made on February 14, stemmed from a remark Goodman made during an April 2024 hearing, suggesting she viewed herself as the primary safeguard for the plaintiff, Dr. Kenneth Ain, a long-time university employee suing UK. Deputy Justice Robert Conley, in his ruling, determined that while the comment did not prove bias, it could reasonably raise questions about her impartiality, necessitating her disqualification.

Dr. Kenneth Ain, a board-certified endocrinologist, initiated the legal action in September 2023 against the University of Kentucky and initially four employees, later expanding to ten, along with the university’s legal team. Having worked at UK for nearly 33 years, Ain alleged the institution engaged in discriminatory practices tied to his age and Autism Spectrum Disorder. His claims included failure to provide reasonable accommodations, fostering a hostile workplace, wrongful suspension, retaliation, breach of contract, defamation, and emotional distress. He argued these actions harmed his professional standing and disrupted patient care. Ain stepped down from his position in March 2024 and filed two additional complaints in January and June of that year, accusing the university of continued harassment.

The university’s legal representatives sought Goodman’s removal from the case twice. In August 2024, they submitted a three-page motion asserting she had formed unfavorable opinions about their conduct, accusing them of bad faith and witness tampering. A second, more detailed 19-page motion followed in September, highlighting Goodman’s threat to bar them from representing UK, a move they said would severely hinder the university’s defense and incur significant costs for new counsel. They also alleged Goodman communicated directly with Ain and his attorney via email about case matters, suggesting potential bias. Goodman denied the recusal requests in October 2024, stating that critical remarks alone did not demonstrate prejudice and noting that UK’s counsel was included in the email exchanges. She also pointed to her history of handling other UK-related cases without impartiality concerns.

The Supreme Court’s ruling came shortly after Goodman found UK in violation of Kentucky’s Open Records Law for withholding thousands of documents Ain had requested. Ain sought nearly 160,000 records, and court filings indicate the university delayed releasing over a third of them for 181 days. Discussions about the extent and duration of the withheld documents remain unresolved. James Morris, Ain’s attorney, noted the timing of the recusal, suggesting it was linked to the records ruling. He stated the university had spent over $1 million defending the lawsuit.

In his decision, Conley emphasized that Goodman’s disqualification did not confirm actual bias but rested on the perception her statement created. The case will now be reassigned by Judge Kimberly Bunnell, the chief regional circuit judge in Fayette County.

UK spokesperson Jay Blanton expressed satisfaction with the ruling. Goodman, while accepting Conley’s decision, voiced regret that the time-intensive case would now burden another judge’s docket, as it had hers throughout much of 2024. She expressed hope for a swift resolution, citing the impact on cancer patients under Ain’s care affected by the litigation.

Morris described the recusal as unfortunate, arguing Goodman’s comment was misinterpreted. He highlighted the setback for his client, who, after 20 months of litigation, must now begin anew with a different judge despite substantial evidence presented. The university’s attorneys had warned that removing them as counsel, as Goodman threatened, would complicate an already intricate case.