John K. Kelly, Appellant v. Mark Martin

Summary

The court affirmed the circuit court’s determination that Timothy Fox was eligible to run for circuit judge. It held that an attorney automatically suspended for failing to pay an annual license fee remains a licensed attorney because the suspension limits the privilege to practice law without terminating the license or removing the attorney from the licensed-attorneys list. The court also held that res judicata did not apply because Fox’s eligibility had not been litigated in the earlier case. Justice Corbin, dissenting, would have held that an attorney suspended from practicing law is not a licensed attorney during the suspension period.