Janet Stumbo
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Janet Lynn Stumbo (born October 21, 1954) is a former justice of the
Kentucky Court of Appeals The Kentucky Court of Appeals is the lower of Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illino ...
, the second woman to ever serve on the court. From 1993 to 2004, she was an justice of the
Kentucky Supreme Court The Kentucky Supreme Court is the state supreme court of the U.S. state of Kentucky. Prior to its creation by constitutional amendment in 1975, the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of Ap ...
, becoming the first woman elected to that court. Stumbo graduated from the
University of Kentucky College of Law The University of Kentucky J. David Rosenberg College of Law, also known as UK Rosenberg College of Law, is the law school of the University of Kentucky located in Lexington, Kentucky. Founded initially from a law program at Transylvania Univers ...
in 1980 and spent nearly a decade practicing law before making her first bid for public office in a
special election A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections. A vacancy may arise as a result of an incumben ...
for a seat on the Kentucky Court of Appeals. During the race, she was criticized for not taking the surname of her husband, but running instead under her maiden name of Stumbo, which is well-recognized in
Eastern Kentucky Eastern or Easterns may refer to: Transportation Airlines *China Eastern Airlines, a current Chinese airline based in Shanghai * Eastern Air, former name of Zambia Skyways *Eastern Air Lines, a defunct American airline that operated from 192 ...
, due to the political careers of former Kentucky House Speaker Greg Stumbo and former gubernatorial candidate Grady Stumbo, both distant relatives. Stumbo won election to the court, but the issue of her last name would continue to be raised in most of her future campaigns. Typically seen as a consumer- and defendant-friendly judge, she was re-elected to the court without opposition in 1991. In 1993, she was elected to the Kentucky Supreme Court, defeating two opponents, including Sara W. Combs, who had become the court's first female justice via an interim appointment by
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
Brereton Jones Brereton Chandler Jones (June 27, 1939 – September 18, 2023) was an American politician from the Commonwealth of Kentucky. From 1991 to 1995, he was the state's 58th governor, and had served from 1987 to 1991 as the 50th lieutenant governor ...
months earlier. On the Supreme Court, Stumbo helped establish a family court system in Kentucky. She continued to be sympathetic to defendants' rights, and acquired a reputation as the court's most liberal member. She was re-elected without opposition in 1996, but was narrowly defeated in 2004 by Will T. Scott in a campaign that saw the weakening of restrictions on candidates' statements regarding their views on issues that they might later adjudicate. In 2006, Stumbo defeated incumbent David A. Barber to return to the Court of Appeals. In a rematch of their 2004 race, Stumbo challenged Scott for his seat on the Kentucky Supreme Court in 2012, but lost by over 20,000 votes. In 2014, Stumbo turned back a challenge from Kent Varney to earn another eight-year term on the court.


Early life and family

Janet Stumbo was born October 21, 1954, in
Prestonsburg, Kentucky Prestonsburg is a home rule-class city in and the county seat of Floyd County, Kentucky, United States. It is in the eastern part of the state in the valley of the Big Sandy River. The population was 3,255 at the time of the 2010 census, d ...
. Her father, Charles Stumbo, was a hospital official. She is a distant cousin of Kentucky Speaker of the House Greg Stumbo and Grady Stumbo, a former Kentucky gubernatorial candidate. During Stumbo's childhood, the family moved to the Floyd County community of Left Beaver Creek, where Charles worked for McDowell Appalachian Regional Hospital. When Janet was 10 years old, the family moved to Williamson, West Virginia, when Charles took a job at Williamson Appalachian Regional Hospital in
South Williamson, Kentucky South Williamson is a unincorporated community in the Appalachian Mountains of northeastern Pike County, Kentucky, United States, on the border with West Virginia. It is separated from Williamson, West Virginia by the Tug Fork River. The communi ...
. Janet attended grade school in
West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...
, but the family later moved to South Williamson, and Janet graduated from Belfry High School in 1972. After graduation, Stumbo enrolled at
Morehead State University Morehead State University (MSU) is a public university in Morehead, Kentucky, United States. The university began as Morehead Normal School, which opened its doors in 1887. The Craft Academy for Excellence in Science and Mathematics, a two-yea ...
as an art major, but ultimately earned a bachelor's degree in literature and linguistics in 1976. She completed one year of graduate school at the
University of Kentucky The University of Kentucky (UK, UKY, or U of K) is a Public University, public Land-grant University, land-grant research university in Lexington, Kentucky, United States. Founded in 1865 by John Bryan Bowman as the Agricultural and Mechanical ...
before being accepted into the College of Law, where she earned a
juris doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
in 1980. She began her legal career as a staff attorney for appellate court judge Harris Howard. In 1982, she entered the law firm of Turner, Hall & Stumbo in Floyd County. She specialized in divorces,
workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
, federal black lung claims, and personal injury cases. Arnold Turner, one of the partners in the firm, was then serving as county attorney for Floyd County, and Stumbo served as his assistant from 1982 to 1986. In 1983, she joined the board of directors of the Appalachian Research and Defense Fund of Kentucky, which provides legal services for poor residents of
Eastern Kentucky Eastern or Easterns may refer to: Transportation Airlines *China Eastern Airlines, a current Chinese airline based in Shanghai * Eastern Air, former name of Zambia Skyways *Eastern Air Lines, a defunct American airline that operated from 192 ...
. The following year, she was named chair of the board, a post she held until 1989. In 1989, she joined her husband in the law firm of Stumbo, DeRossett & Pillersdorf. Stumbo married Ned Pillersdorf in 1984; they have three daughters – Sarah, Nancee and Samantha. Because she was already part of a law firm that incorporated her maiden name, Stumbo chose not to take her husband's surname after their marriage.


Political career


Kentucky Court of Appeals (1989–1993)

Stumbo made her first bid for elective office in 1989 as a candidate in the
special election A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections. A vacancy may arise as a result of an incumben ...
to fill one of the 7th Appellate District's seats on the
Kentucky Court of Appeals The Kentucky Court of Appeals is the lower of Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illino ...
, which was vacated when Dan Jack Combs was elected to the
Kentucky Supreme Court The Kentucky Supreme Court is the state supreme court of the U.S. state of Kentucky. Prior to its creation by constitutional amendment in 1975, the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of Ap ...
. Her opponents in the non-partisan
primary election Primary elections or primaries are elections held to determine which candidates will run in an upcoming general election. In a partisan primary, a political party selects a candidate. Depending on the state and/or party, there may be an "open pr ...
were Richard L. Elswick, who had been appointed by
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
Wallace Wilkinson to fill the vacancy on an interim basis; and Barkley J. Sturgill, chair of the
Kentucky Public Service Commission The Kentucky Public Service Commission is the public utilities commission for the State of Kentucky. The commission is a quasi-judicial regulatory tribunal. It regulates the intrastate rates and services of investor-owned electric, natural gas, ...
. In the primary, Stumbo received 31,906 votes to Sturgill's 27,065 and Elswick's 19,388. That set up a general election in November between Stumbo and Sturgill. In September, Grady Stumbo appeared in an ad endorsing Sturgill, saying, "It's getting the message out that not all Stumbos are for anet Stumbo" a reference to himself and then-State Representative Greg Stumbo. Sturgill suggested that Stumbo won the primary, in part, because voters confused her with Grady Stumbo's wife, whose name is Jan. Sturgill said Stumbo should use her husband's last name, "We believe you ought to use your man's name. People ought to know that legally she's not a Stumbo. She's Ned Pillersdorf's wife." Janet Stumbo called Sturgill's suggestion, "just the craziest thing I've ever heard", adding, "This is the 1980s. As a modern woman with a separate identity from my husband, I see no reason to change my name simply because my marital status has changed." In the general election, Stumbo garnered 46,895 to Sturgill's 41,973. As a result of her win, Stumbo became the second woman to serve on the court, and the first to be elected to the court without first having been appointed. She took the oath of office on December 1, 1989. The partial term to which she was elected expired at the end of 1991. She was unopposed for election to a full, eight-year term. The ''
Lexington Herald-Leader The ''Lexington Herald-Leader'' is a newspaper owned by the McClatchy Company and based in Lexington, Kentucky. According to the ''1999 Editor & Publisher International Yearbook'', the paid circulation of the ''Herald-Leader'' is the second larg ...
'' wrote that Stumbo generally sided with consumers and workers against businesses and with defendants in criminal law cases, but noted that there were exceptions. In what the paper called "her most criticized ruling", she found that, under a literal reading of Kentucky law, a litigant who had been injured in an automobile accident could not collect damages unless there was a court ruling that found the other driver in the accident to be negligent. The Kentucky Supreme Court reversed this decision, saying Stumbo should have considered the
legislature A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
's intent. Stumbo also halted refund payments ordered by a lower court in a finding against Louisville Gas & Electric (LG&E) in a rate dispute, saying the court had no power to set utility rates. She returned the case to the Public Service Commission, but also scolded two of the commissioners for secretly meeting with LG&E about the settlement terms.


Kentucky Supreme Court (1993–2004)

When Dan Jack Combs announced in mid-1993 that he would retire from the Kentucky Supreme Court for health reasons, Stumbo declared her candidacy for the November special election to succeed him. She announced she would not seek the interim appointment to the seat from Governor
Brereton Jones Brereton Chandler Jones (June 27, 1939 – September 18, 2023) was an American politician from the Commonwealth of Kentucky. From 1991 to 1995, he was the state's 58th governor, and had served from 1987 to 1991 as the 50th lieutenant governor ...
because she would have to resign her seat on the Court of Appeals and could subsequently lose the November election for the remainder of Combs' term. The appointment went to Sara W. Combs, the widow of former Governor Bert T. Combs but no relation to the retiring justice, making her the first woman to sit on the Kentucky Supreme Court. Combs also filed as a candidate in the November special election, as did former Ashland mayor David Welch. In August, state Democratic Party chair Grady Stumbo endorsed Janet Stumbo's candidacy, and in October, she won the endorsement of the
United Mine Workers of America The United Mine Workers of America (UMW or UMWA) is a North American labor union best known for representing coal miners. Today, the Union also represents health care workers, truck drivers, manufacturing workers and public employees in the Unit ...
. State Treasurer Francis Jones Mills recorded an ad endorsing Combs in October. Both Janet Stumbo and Welch complained that the endorsement was an illegal partisan activity into a non-partisan election. Combs pulled the ad from the radio, but responded that, "I don't think there could be anything more partisan and political than Grady Stumbo's conduct," referring to his earlier endorsement of his distant cousin. Janet Stumbo maintained that the two situations were different because she had neither sought nor publicized Grady Stumbo's endorsement. Stumbo won the special election, capturing 46,152 votes to Combs' 39,234 and Welch's 20,755. Combs raised and spent almost twice as much money as Stumbo in the race but said Stumbo's superior political organization, still in place from her 1989 campaign, made the difference. '' The Kentucky Post'' also noted that Stumbo carried Floyd and Pike counties, two of the most populous in the district, and both places Stumbo had lived. With the win, Stumbo became the second woman to serve on the court and the first to be elected to it without being appointed first. She was officially sworn in at a private ceremony on November 19, 1993, but held a larger, public ceremony December 4 at the Floyd County Courthouse. Governor Jones subsequently appointed Combs to the seat Stumbo had vacated on the Court of Appeals. Stumbo was re-elected without opposition to a full, eight-year term in 1996. While on the court, Chief Justice Robert F. Stephens appointed her chair of the Family Court Consortium, which carried out a successful family court pilot project. As a result of the pilot, the
Kentucky Constitution The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more. The later versions were adopted in 1799, 1850 ...
was amended to create a statewide family court system. Stumbo also chaired the Civil Rules Committee during her time on the court. The ''Lexington Herald-Leader'' noted that early in Stumbo's career, she shared some of the "
libertarian Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according ...
" views as Dan Jack Combs, the justice she replaced on the court. In her last five years on the court, however, she voted to overturn convictions 62% of the time, and became known as the court's most liberal justice. In 2004, Stumbo faced a re-election challenge from Will T. Scott. Scott revived complaints about Stumbo's use of her well-known maiden name in her political races: "She signs documents, deeds and mortgages as Janet Stumbo Pillersdorf, but I have to run against her as Justice Janet Stumbo." Scott said he had previously been defeated in political races by candidates who benefited from their famous name associations – Chris Perkins, son of longtime
U.S. Representative The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of th ...
Carl D. Perkins; and
Ben Chandler Albert Benjamin Chandler III (born September 12, 1959) is an American lawyer and politician who served as the United States House of Representatives, United States representative for from 2004 to 2013. A United States Democratic Party, Democrat, ...
, grandson of two-time former Governor and
U.S. Senator The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
A. B. "Happy" Chandler. Scott also aired commercials criticizing many of Stumbo's decisions on the Supreme Court, including upholding legislation to end workers' compensation payments when the payee reached 65 years old, overturning a murder conviction that was eventually confirmed, and absolving from criminal liability a drunken driver who killed an unborn child in an automobile accident and a mother whose child was abused by her boyfriend. Stumbo countered that, not only did the ads misrepresent her rulings, but they violated the state judicial code of conduct by indicating how Scott might rule on a case before it comes before him on the bench. A federal district court ruling struck down that portion of the code of conduct before the election. Scott won the election with 80,057 votes to Stumbo's 77,631.


Interim and return to the Court of Appeals

After leaving the court, Stumbo taught courses for the University of Kentucky College of Law and the Appalachian School of Law. She also taught a mock trial class at a summer camp for high school students at
Western Kentucky University Western Kentucky University (WKU) is a public university in Bowling Green, Kentucky, United States. It was founded by the Commonwealth of Kentucky in 1906, though its roots reach back a few decades earlier. It operates regional campuses in Glas ...
. In 2006, Stumbo filed as a candidate for the Kentucky Court of Appeals against incumbent Justice David A. Barber. During the campaign, Barber's name was among those published by '' The Floyd County Times'' as being delinquent on their
property tax A property tax (whose rate is expressed as a percentage or per mille, also called ''millage'') is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or Wealth t ...
es. Stumbo called on Barber to cease fundraising for his campaign until his tax debt was paid. Barber expressed surprise at the delinquency, saying his taxes were handled by a third party, and the Floyd County Attorney's Office confirmed that Barber had contacted them after the story broke to arrange payment. Stumbo also demanded that Barber reimburse
Prestonsburg High School Prestonsburg High School, located in Prestonsburg, Kentucky, is one of three public high schools in the Floyd County School District of eastern Kentucky Athletics Prestonsburg High is a member of the Kentucky High School Athletic Association ...
for $6,630 in fines levied against the school by the
Kentucky High School Athletic Association The Kentucky High School Athletic Association (KHSAA) has been the governing body of the U.S. state of Kentucky's high school athletics since 1917. It is located in Lexington. Sports The organization sanctions competition in the following spo ...
for allegations that Barber had helped the school recruit two football players to transfer to Prestonsburg from their previous schools for athletic reasons. Barber admitted helping the students transfer, but denied that athletics were the reason. The Kentucky Judicial Campaign Conduct Committee admonished both candidates during the campaign. The Committee said Stumbo had not updated her campaign website in a timely manner to reflect the fact that Barber had paid his delinquent property taxes. They also said that Barber's campaign ads misrepresented Stumbo's opinions in two child abuse and fetal homicide cases that had also been central to Scott's previous campaign against her. Stumbo won the general election by 30,000. In November 2011, Stumbo announced she would challenge Scott for his seat on the Kentucky Supreme Court when his term expired in 2012. Both Stumbo and Scott signed a pledge authored by the Kentucky Judicial Campaign Committee to run a dignified campaign, and both agreed on the need to reinstate funding for statewide adult and juvenile
drug court Drug courts are problem-solving courts that take a public health approach to criminal offending using a specialized model in which the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment ...
s that had been recently reduced. By October, the Committee had again criticized the campaign tactics of both candidates. They said an ad by Scott referencing Stumbo's vote to overturn convictions of two black men accused of murdering a pregnant white woman was misleading because the women depicted in the ad were not related to the case, and the juxtaposition of black defendants with white victims carried racial overtones. Stumbo's ad claimed Scott had voted against the conviction of a man who had confined his three children to a locked room without food, water, or bathrooms while he slept; the Committee said the ad exaggerated some of the facts in the case. Again, Scott raised the issue of Stumbo's use of her maiden name, citing a marketing firm's estimate using the Stumbo name "gives anet Stumboan artificial advantage that benefits her by approximately 4.9 percent of the vote". Scott said Stumbo had the prerogative to run under her maiden name, but he raised the issue only to clarify it for voters. Scott won re-election with a vote of 86,725 to 62,416. With her term set to expire in 2014, Stumbo filed for re-election and drew a challenger in Pikeville attorney Kent Varney. Stumbo turned back Varney's challenge by a margin of almost 2-to-1. Stumbo retired from the court in January 2018.


Honors

Morehead State University inducted Stumbo into its Alumni Association Hall of Fame in 1990. The Kentucky Women Advocates presented her the 1991 Justice Award for her work in establishing a
women's shelter A women's shelter, also known as a women's refuge and battered women's shelter, is a place of temporary protection and support for women escaping domestic violence and intimate partner violence of all forms. The term is also frequently used to ...
in Floyd County, her recognition of battered wife syndrome as a legal defense, and her decision to set aside a divorce settlement based on evidence of spousal abuse. In 1995, the organization honored her with its Outstanding Justice Award for her "courageous service on the male-dominated Kentucky Supreme Court" and for pushing the court to broaden the guidelines under which parties could complain to the Retirement and Removal Commission about judges who show bias or allow their staff members to show bias on the basis of gender, race, religion, national origin, disability, age, sexual orientation or socioeconomic status. She received the Bull's Eye Award from the Women in State Government Network in 1995, and in 1996, she was the first-ever recipient of the Kentucky Bar Association for Women's Women Lawyers of Achievement Award, which recognizes excellence in the practice of law and progress in opening the legal field to more women. Stumbo was inducted into the University of Kentucky College of Law Alumni Hall of Fame in 1999. She received an honorary doctor of public service degree from Morehead State University in 2000.


See also

* List of first women lawyers and judges in Kentucky


References

{{DEFAULTSORT:Stumbo, Janet Judges of the Kentucky Court of Appeals Kentucky lawyers Justices of the Kentucky Supreme Court Living people Morehead State University alumni University of Kentucky College of Law alumni 1954 births People from Prestonburg, Kentucky Women in Kentucky politics 20th-century American women judges 20th-century Kentucky state court judges 21st-century American women judges 21st-century American judges