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Judge rules in favor of suspended NKY attorney in upcoming election

Judge rules in favor of suspended NKY attorney in upcoming election
Published: May. 10, 2022 at 2:54 PM EDT
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KENTON COUNTY, Ky. (WXIX) - With the Kentucky primary election a week from Tuesday, the Kentucky Court of Appeals granted a motion that allows votes for Ben Dusing to be counted, according to court documents.

The ruling from Judges K. Thompson and Taylor Lambert in Dusing’s favor comes after Judge Kathleen Lape previously ruled that any votes for the high-profile defense lawyer on May 17 would not count.

Dusing is running for Kenton County Circuit Court Judge.

Earlier this year, the Kentucky Supreme Court temporarily suspended Dusing over a video posted to Facebook on Nov. 2, 2021. In the video, they say Dusing threatened an attorney and a Kenton County Family Court staff member over a personal child custody case.

In her decision, Judge Lape wrote that to be eligible to serve as a judge a person must be licensed to practice law.

“The right to candidacy is not a fundamental right,” Judge Lape wrote. “This court finds that Petitioner has established that Dusing does not possess the qualifications to be a circuit judge, and until his license to practice law is reinstated, he is ineligible to be a candidate for this office.”

The ruling filed on May 10 from Judges Thompson and Lambert focused on the eligibility aspect.

They wrote:

The judges concluded that based on the language Dusing’s candidacy can continue.

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