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Kentucky Judge Who Refused Gay Adoption Cases Resigns in Face of Ethics Charges

Judge W. Mitchell Nance
Glasgow Daily Times
Judge W. Mitchell Nance
Judge W. Mitchell Nance
Credit Glasgow Daily Times
Judge W. Mitchell Nance

A Kentucky ethics panel has filed charges against a family court judge who refused to handle adoptions by gay parents.

The judge, W. Mitchell Nance, submitted his resignation on Wednesday. Nance has been a family court judge for the 43rd Circuit that covers Barren and Metcalf counties in south central Kentucky.

Nance filed an official statement in April that under no circumstances would he consider “…the adoption of a child by a homosexual to be in the child’s best interest.”

Nance requested that any attorney filing a motion on behalf of a homosexual party notify the court so that he could recuse himself. He didn’t get that recusal option.

Instead, the Kentucky Judicial Conduct Commission filed charges against Nance for failing to respect and comply with the law, failing to hear matters assigned to him, and “manifesting by words or conduct a bias or prejudice…” based several conditions, including sexual orientation.

The Judicial Conduct Commission notified Nance that the consequences could range from a reprimand to removal from office.

Nance didn’t wait for the commission to take action. He submitted his resignation to Kentucky Gov. Matt Bevin on Wednesday, effective Dec. 16.

Attorneys for Nance said his resignation makes the charges moot and asked for the case to be dismissed.

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Rhonda Miller began as reporter and host for All Things Considered on WKU Public Radio in 2015. She has worked as Gulf Coast reporter for Mississippi Public Broadcasting, where she won Associated Press, Edward R. Murrow and Green Eyeshade awards for stories on dead sea turtles, health and legal issues arising from the 2010 BP oil spill and homeless veterans. She has worked at Rhode Island Public Radio, as an intern at WVTF Public Radio in Roanoke, Virginia, and at the South Florida Sun-Sentinel and Pittsburgh Post-Gazette. Rhonda’s freelance work called Writing Into Sound includes stories for Voice of America, WSHU Public Radio in Fairfield, Conn., NPR and AARP Prime Time Radio. She has a master’s degree in media studies from Rhode Island College and a bachelor’s degree in journalism from Boston University. Rhonda enjoys quiet water kayaking, riding her bicycle and folk music. She was a volunteer DJ for Root-N-Branch at WUMD community radio in Dartmouth, Mass.
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