Kentucky Constables Association, Inc. v. Kentucky Department of Corrections Criminal Justice Training, 2024-CA-0186

The Kentucky General Assembly passed HB 239 in 2022, removing general police powers from newly elected constables after January 1, 2023, unless they complete state certification and training (POPS).
Kentucky Constables Association (KCA) and several individual constables challenged HB 239 as unconstitutional, arguing it changes constitutional qualifications, violates equal protection, and renders the office of constable meaningless.
The plaintiffs sought declaratory and injunctive relief against multiple state agencies and officials involved in law enforcement and training.
The Franklin Circuit Court granted five motions to dismiss for failure to state a claim on January 18, 2024; plaintiffs appealed.
The Court of Appeals affirmed, finding primarily that plaintiffs failed to establish a justiciable case or controversy (lack of standing and redressability) against the named defendants.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether HB 239 adds unconstitutional new qualifications for constable	HB 239 adds training/certification, amounting to new qualifications not in the Constitution	HB 239 regulates the powers, not the ability to hold office; constitutional qualifications unchanged	HB 239 does not change constitutional qualifications; regulation of police powers permitted
Whether HB 239 violates equal protection	Constables treated unequally compared to sheriffs or other officers	Rational basis: Additional training needed for law enforcement duties; constables and sheriffs can differ	No equal protection violation; rational basis for distinction and training requirement
Whether HB 239 renders constable office an "empty shell"	Loss of peace officer powers makes the office meaningless	Office still retains statutory duties; not all duties tied to police powers	Office retains meaningful duties; no constitutional violation
Whether plaintiffs have standing/redressability	Suffered actual injury by losing powers and contracting ability	Alleged injuries speculative/hypothetical, not traceable/redressable by relief sought	Plaintiffs failed to establish justiciable controversy or redressability for most defendants

City of Pikeville v. Kentucky Concealed Carry Coalition, Inc., 671 S.W.3d 258 (Ky. 2023) (reiterates constitutional requirements for standing and justiciable controversy)
Cabinet for Health & Fam. Servs. v. Sexton, 566 S.W.3d 185 (Ky. 2018) (discusses constitutional standing as jurisdictional and non-waivable)
Fox v. Grayson, 317 S.W.3d 1 (Ky. 2010) (explains de novo review for motions to dismiss and standing questions)
Zuckerman v. Bevin, 565 S.W.3d 580 (Ky. 2019) (standard for legislative classifications under equal protection)
Commonwealth v. Bradley, 516 S.W.2d 644 (Ky. 1974) (powers and duties of constable are statutory, not constitutional)
Broughton v. Pursifull, 53 S.W.2d 200 (Ky. 1932) (legislature cannot alter constitutional qualifications for office)