A Franklin Circuit Court Judge will decide which parties can be named in a sexual harassment lawsuit against the state and a former Kentucky lawmaker.
Two women have filed suit against former Representative John Arnold, the Legislative Research Commission, and state government. The women claim Arnold sexually harassed them, and the LRC didn't properly address their complaints.
Previously, the civil trial was delayed, as the Attorney General said the LRC and the state are the same and can't both be sued. And there's a question over whether the women are non-partisan LRC employees since they serve the body’s partisan leadership.
Thomas Clay is lead counsel for the women. He thinks they’re technically employees of House Speaker Greg Stumbo, who is also named in the complaint and has asked the court to be removed from the suit.
The Legislative Research Commission has a $115,000 contract with a Lexington law firm to offer legal guidance in a sexual harassment investigation and to help defend the state in a pending lawsuit.
Lawmakers unveiled and approved the contract with Landrum & Shouse on Tuesday. The contract runs through June 30, 2014.
The firm will advise legislative leaders in a continuing investigation into allegations that former Democratic state Rep. John Arnold of Sturgis sexually harassed three legislative staffers. That committee could ultimately recommend Arnold be reprimanded or fined.
Arnold resigned from the Legislature after the allegations were made public.
The legislative staffers involved later filed a lawsuit claiming their supervisors didn't protect them from sexual harassment even after they reported it.
The first hearing in the sexual harassment lawsuit against former state Rep. John Arnold and elements of Kentucky state government revolved Wednesday around determining which parties should be accused.
The hearing resulted in a delay in the trial until later this month
Franklin Circuit Court Judge Thomas Wingate heard a motion to dismiss filed in October by Kentucky Attorney General Jack Conway, who argued that the state is "legally indistinguishable" from the Legislative Research Commission, which is also a defendant in the suit brought by female LRC employees who allege Arnold sexually harassed and assaulted them.
In their lawsuit, filed Oct. 1, Yolanda Costner and Cassaundra Cooper named the state and the LRC as defendants.
The Kentucky Legislative Ethics Commission has found probable cause that former Union County Representative John Arnold violated ethics rules three times when he allegedly harassed three female staff members.
Commission members met behind closed doors for nearly two hours Tuesday before returning to an open session and voting unanimously on sexual harassment complaints made against Arnold by legislative staffers Yolanda Costner, Cassaundra Cooper, and Gloria Morgan. The Courier-Journal reports the commission has scheduled a full hearing on the complaints for December 12.
Arnold, a Democrat from Sturgis, served in the state House from 1995 until last month, when he resigned after the sexual harassment allegations against him were made public. Arnold has denied the charges, but said he couldn’t move forward politically due to the damage done to his reputation.
The Legislative Ethics Commission said there was probable cause to believe Arnold had “inappropriate and unwanted physical contact” with the women.
Arnold’s attorney, Steve Downey of Bowling Green, didn’t comment after the commission returned its findings.
Kentucky state Representative Will Coursey’s lawyer says the legislator is likely to file a countersuit against claims that he sexually harassed a former legislative assistant.
Paducah Attorney Mark Edwards says the Democratic lawmaker denies Nicole Cusic’s allegations that he sexually harassed interns and Legislative Research Commission employees in February 2012.
"According to the things that we’ve been told, the allegations only came up after Cusic was confronted by one of the Republican Senators in that Republican senator suite about a relationship Cusic had with a member of the Democratic leadership at the time, not Will Coursey, and that they were concerned about her working there," said Edwards. "And upon the advice of the Republican senator, it was suggested to her that she retain counsel."
Cusic’s lawyer, Thomas Clay, says other LRC employees agree with her allegations of Coursey’s behavior. Edwards says he is not sure whether Coursey will file a countersuit or a separate suit for defamation and possibly for abusive process and malicious prosecution.
Coursey has about a week to respond to Cusic’s allegations.