CINCINNATI — A Kenton County judge will be asked to invalidate attorney Ben Dusing's candidacy for family court judge due to his temporary suspension by Kentucky’s Supreme Court last month.
Dusing declined to comment on the filing in Kenton County Circuit Court Tuesday.
Kenton County Clerk Gabrielle Summe said it’s too late to remove Dusing from the ballot, but votes cast for him can be invalidated if a judge sides with petitioner, Brian Halloran.
“It’s unprecedented,” Summe said. “I’ve never seen anything like this.”
Dusing was suspended Feb. 24, following a three-month review of allegations that he threatened two Northern Kentucky attorneys and used amphetamines during a federal criminal trial in New York.
Halloran argued in a 17-page petition that Dusing “is not qualified” to be a candidate for Kenton County Family Court because he is no longer “a licensed, active attorney in good standing with the Kentucky Bar Association.” His petition seeks an injunction preventing the Kenton County Board of Elections from “printing or counting any ballots” cast for Dusing.
Summe said ballots have not been printed but they have been certified by the Kentucky Secretary of State. That means voters are likely to see Dusing’s name on the May 17 primary regardless of the petition. But if Halloran prevails, any vote cast for Dusing would be invalidated and the two remaining candidates on the ballot would advance to the general election in November, Summe said.