Are "judges accused of misconduct [entitled to] a gentle kind of justice?" Questions persist in the absence of transparency.

Reuters' examination finds that "thousands of state and local judges across America were allowed to keep positions of extraordinary power and prestige after violating judicial ethics rules or breaking laws they pledged to uphold."

Since it's enactment in 1976, the open records law has identified as a public agency subject to the law "every state or local court or judicial agency."

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45231

But because Kentucky's Judicial Conduct Commission is an agency of the courts, it's records are not subject to the open records law.

In an opinion issued shortly after the enactment of the open records law, the Kentucky Supreme Court ruled that "the custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to statutory regulation."

https://law.justia.com/cases/kentucky/supreme-court/1978/570-s-w-2d-617…

The Court recognized that "whatever belongs to the courts belongs to the public,"and that "there is very little in the policies evinced by the Open Records Law that we could not accept as a matter of comity," but concluded that "some details of that law present interferences that we regard as inconsistent with the orderly conduct of our own business, and those we do not accept."

As an agency of the court, the Judicial Conduct Commission's records and proceedings, along with those of the Administrative Office of the Courts, the Kentucky Bar Association, and the Board of Bar Examiners, are accessible through the courts and there is no enforceable right of access under the open records law.

https://ag.ky.gov/Priorities/Government-Transparency/orom/2002/02ORD024…

A recent example of a matter before the Commission:

https://www.nkytribune.com/2020/04/judicial-conduct-commission-moves-ge…

At the Court's invitation, the Auditor of Public Accounts conducted an unprecedented audit of the Administrative Office of the Courts in 2018. The results confirmed that public oversight provides an "impetus for agencies steadfastly to pursue the public good," and that a lack of accountability is highly problematic.

https://www.courier-journal.com/story/news/politics/2018/07/12/kentucky…

https://apnews.com/6764ef67e738483cb56aafd1894587b3/Audit:-'Pervasive-l…

https://law.justia.com/cases/kentucky/supreme-court/1980/609-s-w-2d-682…