Three Owensboro attorneys have been nominated to fill the vacant District Court judgeship in Daviess County. On Tuesday, the Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton, Jr., announced that Misty L. Miller of Maceo, James Nicholas Payne of Owensboro and Jason James Pfeil of Owensboro had been selected as nominees.
The Division 1 judicial seat became vacant when Judge Lisa Payne Jones was sworn in as Circuit Court judge for Daviess County on Nov. 26. Jones was elected to the seat in the November election.
Miller has served as an assistant county attorney for Daviess County for more than 14 years. Miller represents the Daviess County Public Administrator in probate cases and has a private law practice.
Payne has 18 years of experience serving as an assistant commonwealth’s attorney for Daviess County and previously worked with Fayette County Legal Aid.
Pfeil has served as a public defender for the Kentucky Department of Public Advocacy for 19 years and was president of the 56th Circuit Bar Association from 2017-2019.
The Judicial Nominating Commission helps fill judicial vacancies by appointment when a vacancy occurs outside of the election cycle.
When a judicial vacancy occurs, the executive secretary of the JNC publishes a notice of vacancy in the judicial circuit or district affected. Attorneys may recommend someone or nominate themselves.
The names of the applicants are not released, but once the nomination occurs, the individuals interested return a questionnaire to the Office of the Chief Justice. Chief Justice Minton then meets with the JNC to choose three nominees. Because the Kentucky Constitution requires that three names be submitted to the governor, in some cases the commission submits an attorney’s name even though the attorney did not apply.
A letter naming the three nominees is sent to the governor for review. The governor has 60 days to appoint a replacement and his office makes the announcement.
Miller and Payne filed for the office in January and will appear on the ballot for the November 2020 election. Pfeil did not file but could still be appointed to serve until a new judge is elected.
