Just days after filing papers with the Kentucky Secretary of State to run for the Circuit Judge’s seat that serves Clinton County, former District Court Judge Steve Hurt has filed a lawsuit that he hopes will enable him to continue seeking that position.

Steve Hurt, a Burkesville attorney, filed papers with the Kentucky Secretary of State on January 28, to run against David Williams, also of Burkesville, for the 40th Judicial Circuit Judge position.

The 40th Judicial Circuit Court District includes Clinton County, as well as Cumberland and Monroe counties.

Williams has served in the position of Circuit Judge since being appointed to the bench by Kentucky Governor Steve Beshear late in 2012.

Williams, a long-time Kentucky State Senator who was Senate President at the time he was appointed Circuit Judge, was appointed to fill the unexpired term following the death of long-time Circuit Judge Eddie C. Lovelace.

At question in Hurt’s lawsuit, is a relatively new Kentucky law that would prevent Hurt from seeking election to the bench at this time, a law that he claims in the suit violates his constitutional rights.

Hurt served for several years as a district court judge in Cumberaland County, and following his retirement from that position in early 2009, he began working in a program referred to as the Senior Judge program, in which qualifying retired judges can receive assignments from the Kentucky court system and in return receive enhanced retirement benefits.

According to an article that appeared last week in the Lexington Herald-Leader, Hurt began service in the special judges program on February 1, 2009, and completed his 600 day obligation on December 18 of last year.

In question concerning Hurt’s eligibility to now run for the 40th District Circuit Court judge’s position is a Kentucky law that was enacted last year.

That law, which was designed to keep retired judges from “double-dipping” or earning retirement benefits and a salary at the same time, says that retired senior judges will not be eligible to seek any elected office for a period of five years.

Hurt’s lawsuit points out that according to the Kentucky constitution, he qualifies to run for the judge’s position, but this new law would prevent him from being eligible to run, and therefore is unconstitutional and violates his constitutional rights.

Whether or not Hurt is allowed to run against Williams will have no bearing on the upcoming primary election ballot, as with only two candidates having filed for the non-partisan election, the race would not appear on a ballot until the general election in November.