John K. Kelly, Appellant v. Mark Martin

Summary

The court affirmed the circuit court's determination that Judge Timothy D. Fox was eligible to run for circuit judge. It held that an attorney automatically suspended from practicing law 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 list of licensed attorneys. The court also rejected Kelly's res judicata argument because Fox's eligibility had not been litigated in the prior proceeding. Justice Corbin, dissenting, would have held that an attorney suspended from practicing law is not a licensed attorney for purposes of the constitutional six-year qualification.