A ruling issued in late March by a Franklin Circuit Court Judge has cleared the way for a former Cumberland County District Court Judge to run for the 40th Circuit Judge’s seat this fall.

The ruling issued in Franklin Circuit Court clears the way for Steve Hurt to run for the Circuit Judge’s seat against current 40th Circuit Judge David L. Williams, also of Burkesville.

The 40th Circuit includes Clinton County as well as Cumberland and Monroe County.

Hurt filed suit to challenge a relatively new Kentucky law that would have prevented him from seeking election to the bench at this time.

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.

In his ruling in favor of Hurt, Franklin Circuit Judge Phillip Shepherd called the new law uncontitutional, noting that it set conditions for running for public office that were beyond the conditions set forth in the Kentucky constitution.

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.

Hurt began service in the special judges program on February 1, 2009, and completed his 600 day obligation on December 18 of last year.

The ruling will not have any effect on the May primary election ballot. With only two candidates having filed for the non-partisan election, Hurt and Williams, the race will not appear on the ballot until the general election in November.