Kentucky Law Review

Court News: Chief Justice asks for more money for our courts, to include a $63 million computer system

What price justice at a time when we are just coming out of the Great Recession and many, many are unemployed, underemployed, or worse.

Well, the courts need a computer and some more money says Kentucky's Chief Justice Minton.

Here is the Courier-Journal story (my heading, however):

Chief Justice asks for more money for our courts, to include a $63 million computer system

"After several years of budget cuts, Kentucky’s court system is in urgent need of money for upgrades in several areas, including technology, Chief Justice John Minton told a legislative panel Tuesday.

Calling Kentucky’s 25-year-old state court computer system “archaic,” Minton said experts have examined it and deemed it “on life support.”  . . . Minton said the Administrative Office of the Courts proposes replacing the existing system to manage court records with a $63 million system over the next six years. In addition to allowing courts to share records from county to county and better analyze data, the system would permit electronic filing and reduce paperwork and paper costs, he said.

The courts are asking for authorization to issue bonds to finance the project and $2.2 million a year for debt service, Minton said.

Minton said the courts also are seeking about $2.1 million to add 25 pretrial services officers needed to manage cases of offenders to be diverted from the jails or prisons. The number of such offenders is increasing because House Bill 463, passed last year, steers more low-level offenders into treatment and community supervision, he said.

And the courts would like additional funds to raise entry-level salaries for some employees above “the federal poverty level,” Minton said. Some workers, such as secretaries and deputy court clerks, start at $20,000 to $21,000 a year.

“My goal is to pay our work force on a scale that is competitive with the rest of state government,” Minton said.

Several committee members said they support funding for the projects, even as lawmakers deal with another tight budget. Gov. Steve Beshear has proposed cutting most state agencies’ funding by 8.4 percent and the courts’ by 5 percent.

“We don’t have as much money as we did 3½ years ago,” said Jesse Crenshaw, D- Lexington and the panel’s chairman. “We will try to do the best we can.”"

AOC News: "Administrative Office of the Courts signs lease-to-purchase contract on Home Depot property in Frankfort"

From the AOC Press Release.  Building program continues, with head shed getting a new place and a new landlord.... the AOC itself!  Ownership does have its privileges:

"Administrative Office of the Courts signs lease-to-purchase contract on Home Depot property in Frankfort
– Move will reduce cost to house Judicial Branch’s administrative offices –
 
FRANKFORT, Ky., Jan. 30, 2012 – The Administrative Office of the Courts will move its facilities to a new location in Frankfort under a lease-to-purchase contract signed this week with Home Depot. The agreement will allow the AOC to purchase the vacant 14-acre Home Depot property at 1001 Vandalay Drive in Frankfort and consolidate its facilities into one building from seven.
 
The Judicial Branch currently pays $1.3 million a year in rent and utilities to house the AOC in 139,000 square feet throughout seven buildings at 100 Millcreek Park in Frankfort. The AOC has spent $15.8 million in rent and renovations on the Millcreek campus since 1987.
 
“This move will mean significant long-term savings for the Judicial Branch,” AOC Director Laurie K. Dudgeon said. “The AOC will save $200,000 a year for the length of the lease and we’ll own the building outright in seven years, with the intention of paying it off sooner to reduce the purchase price. We’ll save at least $1 million each year in rent once the purchase is complete.”
 
Dudgeon said the AOC will solicit bids to renovate the facility to meet the current and future needs of the agency. “Recent personnel reductions have left the AOC with excess space at the Millcreek location and we’ll be able to house all 240 employees in one building in the Home Depot space. We’ve been preparing for the possibility of this move for nearly two years and have earmarked one-time savings from our facilities budget and criminal record report revenue to cover the cost of the renovations.”
 
The AOC was facing significant renovation costs at the Millcreek location to consolidate buildings and reconfigure space for its smaller workforce.
 
The Kentucky Court of Justice Rules of Administrative Procedure (AP Part V) permit the AOC to enter into a lease-purchase agreement. The KCOJ rules parallel KRS 56.806, the statute concerning the lease-purchase of property by the Executive Branch. The AOC received two bids in response to a lease-to-purchase solicitation in July 2010. Home Depot was the sole bidder that met the square footage and single-building requirements set forth in the solicitation.
 
The AOC intends to reduce the maximum lease-to-purchase price of $5.9 million by paying off the property sooner than the seven years allowed under the contract. An appraisal obtained by the AOC valued the property at $10.4 million after renovations. Home Depot paid $11 million for the unimproved property in 2003.
 
“This is a win-win situation for the Judicial Branch, Frankfort and the state,” Dudgeon said. “The court system will acquire efficient office space at a reduced cost, Frankfort will benefit from the occupation of a building that has been vacant for years and the state will gain instant equity in a prime commercial property.”
 
The AOC could potentially occupy the building within a year of renovations, which could begin in the spring of 2012. The AOC will convert 62,000 square feet of the building’s 94,900 square feet into office space, with the remaining square footage to be used for its warehouse.
 
Dudgeon said the AOC decided to pursue savings in office space after several years of cost-cutting efforts in other areas due to state budget reductions. Since 2009, the AOC has absorbed a 26 percent reduction in state appropriations, reduced its workforce by 282 employees through layoffs and attrition, implemented significant operating cuts and streamlined the AOC’s organizational structure. "

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Chief Justice Minton Gives "State of the Judiciary" - Buddy, can you spare a dime? How about an ADDITIONAL $62.2 million worth next year? Then another $66.9 the year after that?

As the Chief Justice John Minton of the Kentuck Supreme Court opens up his requests for more money for our Courts in the State of the Judiciary address, we see a post in the newspapers the same day in which the AOC fumbles the clerk's exam by putting answers into the book requiring a do-over.  Not a good day; nor a good justification on why the AOC deserves more money.

The requested increase?  Appx. 20% each year for the next two years.  And, at a time of lower revenue,  higher unemployment, and . . . . [you fill in the blanks].

In total, the judicial branch is seeking to increase its $316.3 million budget for fiscal year 2012 by $62.2 million in fiscal 2013 and $66.9 million in fiscal 2014.

First the State of the Judicary Story:

Kentucky Chief Justice John Minton calls for tech upgrades, personnel funding

FRANKFORT, KY. — Kentucky Chief Justice John D. Minton Jr. outlined a robust budget request in a speech to lawmakers Friday, calling for more personnel, urgent technology upgrades and two new courthouses — all to prevent future operational troubles in the court system.

His annual State of the Judiciary address is the first major preview of what the judicial branch will request as part of the budget for the next biennium, which will be written by the 2012 legislative session.

It comes at a time when the state’s overall budget outlook remains volatile — with the state revenue report for November showing a decline from the previous year.

“My responsibilities extend beyond balancing today’s budget,” Minton told the legislature’s interim joint Judiciary Committee. “I must also ensure that our court system is healthy enough to carry out its constitutional duties tomorrow. We cannot let neglect impede the operation of our courts.”

In total, the judicial branch is seeking to increase its $316.3 million budget for fiscal year 2012 by $62.2 million in fiscal 2013 and $66.9 million in fiscal 2014.

Included in the request is $11.9 million to raise the salary schedule for entry-level employee positions, $2.1 million for 25 new pretrial officers and $1.9 million for three new family court personnel.

Minton said the salary changes would pay judicial employees on a scale that is competitive with other branches of state government, while more pretrial officers are needed to manage the higher workload under reforms passed this year that have eased corrections costs but have increased the pretrial release rate.

Click on linked heading above for the rest of the post.

Second, the AOC's foul-up on the clerk's exam story:

State foulup forces circuit clerk candidates to retake test

Running for circuit court clerk in Kentucky just got a little more complicated — thanks to errors by the state court system.

Prospective clerk candidates in next year’s election are required take a test to certify that they are qualified to serve, and more than 200 did so last Saturday.

Now, however, they’ll have to retake a portion of it — a week before Christmas — because of the court system’s foulup.

One of the problems: some of the test booklets contained answers to questions.

In addition to inconveniencing the candidates, the matter will cost the state thousands of dollars.

Those who took took the test Saturday at the Embassy Suites hotel in Lexington were informed by email on Dec. 7 by the state Administrative Office of the Courts that the general knowlege portion of the test would have to be given again because of irregularities in the way it was administered.

“At least five examinees raised their hands during the ... exam and informed proctors that their test booklets contained answers from previous use. We immediately replaced those booklets with new ones, but there is still a risk that other exam booklets contained answers,” according to the email, sent by Marc Theriault, the agency’s general counsel.

Additionally, Laurie Dudgeon, the AOC’s director, said some who took the test were given answer sheets that contained spaces for only 100 answers — when there were 160 questions on the multiple-choice test.

“For me, it’s just the exasperation of waiting another two weeks to find out,” said Steve Greenwell, who took the test and is planning to run for circuit court clerk in Oldham County.

Greenwell said he can rearrange his schedule easily enough to retake the test.

“But I can imagine some places in the state and some locations that they’ve got, it might be difficult (for some people),” he said.

In all, 213 people took the first test, Dudgeon said.

Test-takers must get an overall score of 70 before their names can be placed on the ballot in any of Kentucky’s 120 counties.

Click on linked heading above for the rest of the post.

Third, links to AOC with CJ Minton's remarks:

Chief Justice of Kentucky John D. Minton Jr. presented the annual State of the Judiciary address before the General Assembly’s Interim Joint Committee on Judiciary on Dec. 9 at the Capitol in Frankfort. He discussed the Judicial Branch’s recent accomplishments and challenges and provided an overview of the branch’s FY 2012-2014 budget request in his remarks (78KB-PDF) to the committee. He also talked about early outcomes of House Bill 463 (68KB-PDF).

Fourth, anothe story in the same Courier Journal edition.  Lower revenue!

Kentucky's November tax receipts fell

Tax receipts to Kentucky’s General Fund fell by 2.8 percent in November, compared to November 2010.

It was the second month in a row, and third of the last four, in which revenues have declined.

However, the three weak months have been more than offset by two strong ones, and through the first five months this fiscal year revenues have grown at 2.1 percent.

In her monthly state revenue report, Budget Director Mary Lassiter said Friday that despite November’s dip revenues for the year remain on course to produce about $138 million in revenue beyond what is budgeted for spending this fiscal year.

Attaining that surplus is important because the Beshear administration recently announced it plans to use $75.5 million of it to help close a hole in the current budget.

Click on linked heading above for the rest of the post.

"Here's looking at you, kid."... Optometrists and opthamologists not seeing eye to eye on new law permitting optometrists to perform eye surgery

 I, for one, never felt comfortable with the legislative changes this past year permitting optometrists to perform some vision eye surgeries that heretofore had been performed solely by medical doctors with specialties in the "eye". 

I am not alone as opthamolgists and medical doctors (Kentucky Medical Association) opposed the statutory changes this past year.

As a consumer, I am conerned.  My eyes should not be at the beck and call of a price war for the cheapest bidder. 

Since I have had the "flap and zap" procedure at the hands of Dr. Maurice  E. John (who incidentally not only did a fine job but alleviated all of my concerns with calm professionalism), I feel qualified to at least talk about the reluctance in having an optometrist vs. an opthamologist work on my vision.  I would like to think there is more art, science, and training in the practice of selecting a viable candidate than just assuming I am a car and plugging me up to the tune up machine.

Well, it looks like the legislation and the law are going to be subject to some closer visual scrutiny now.

Here is a post at the open government blog:

Foes of law letting optometrists use lasers may sue, alleging violation of Open Meetings Act.

Although ophthalmologists and the Kentucky Medical Association strongly objected, a legislative committee appoved regulations Tuesday that will allow optometrists to perform some eye surgeries using lasers.

In answer, opponents say "they might file legal action against theKentucky Board of Optometric Examiners, which drafted the regulations, for failing to comply with the state's Open Meetings Act," reports Beth Musgrave of the Lexington Herald-Leader.

The regulations, passed under Senate Bill 110 of this year's General Assembly, now go to another legislative panel. If they pass, optometrists may be allowed to perform the surgeries by year's end. The bill has been cause for controversy, in large part because it passed through the legislature in a swift 12 days. Oklahoma is the only other state that gives similar operating privileges to optometrists.

Ophtalmologists said Tuesday the optometric board "used a task force appointed by the state optometric association, a trade group, to develop the regulations, and those meetings were held in secret with no public input," Musgrave reports. Legislators and optometrists disagreed, saying public comment was allowed at an open meeting in July, and the regulations were altered after task force members took the comments into consideration. (Read more)

Justice Cunningham to host Court at the Cupboard event to educate public about court system Aug. 12 in Madisonville

FRANKFORT, Ky. -- Justice Bill Cunningham of the Supreme Court of Kentucky will host Court at the Cupboard, an event to educate the public about the court system, Friday, Aug. 12, at the Country Cupboard restaurant in Madisonville. A long-time advocate of helping citizens understand the state court system, Justice Cunningham is bringing together judges who represent Hopkins County at each level of the court system for the meeting. The gathering will take place from 8-10 a.m. CDT and include free coffee.

“For people to respect the court system, they need some understanding of it,” Justice Cunningham said. “The best way to understand it is to ask judges questions about it directly.”

In addition to Justice Cunningham, attendees will include Court of Appeals Judge Donna L. Dixon, Hopkins County Circuit Court Judge James Brantley, Hopkins County Family Court Judge Susan Wesley McClure and Hopkins County District Court Judges W. Logan Calvert and William R. Whitledge. Justice Cunningham and Judge Dixon represent Hopkins County and 23 other counties on their courts.   

The event will give the public a rare opportunity to meet with the judges in a casual setting to talk about the legal system. The judges will be available to discuss and answer questions about cases that are final as well as legal issues and procedural matters but will not talk about pending cases.
 
“As far as I know, this is the first event of this nature in Hopkins County – the first time judges from every court level will be in the same room at the same time to answer questions and visit with the public,” Judge Brantley said.

Supreme Court Jump to Main Content Court of Appeals Circuit Court District Court Circuit Court Clerks / Counties Administrative Office of the Courts Court Programs Judicial Center Construction Judicial Nominating Commission Judicial Conduct Commission Jud



RANKFORT, Ky. -- Citizen Foster Care Review Boards for Bracken, Kenton and Mason counties are seeking volunteers to make a difference in the lives of local children in foster care. Volunteers are needed to review cases of children placed in foster care because of abuse, dependency and neglect to ensure these children are placed in safe, permanent homes as quickly as possible.

Volunteers are not required to reside in the county where a board meets.

The Kentucky General Assembly created the Citizen Foster Care Review Board, or CFCRB, in 1982 as a way to decrease the time children spend in foster care. CFCRB volunteers review Cabinet for Health and Family Services files on children placed in out-of-home care and work with the cabinet and courts on behalf of the state’s foster children.

All volunteers must complete a six-hour initial training session and consent to a criminal record and central registry check. A recommendation is then made to the chief judge of the District Court or Family Court for appointment.

The Bracken/Mason County CFCRB meets quarterly and the Kenton County CFCRBs meet monthly. The meeting schedules for the boards most in need of volunteers are as follows:

Bracken/Mason, quarterly on Thursday, 10 a.m.
Kenton A, fourth Tuesday of the month, 5 p.m.
Kenton B, third Thursday of the month, 11 a.m.
Kenton C, third Wednesday of the month, 10 a.m.
Kenton D, third Monday of the month, 10 a.m.

For more information, contact:

Jamie Bergman
Northern Kentucky CFCRBs
859-334-3245 or jamiebergman@kycourts.net 

Individuals who would like to volunteer but are not available for the aforementioned meetings may contact Jamie Bergman to get meeting schedules for other Northern Kentucky CFCRBs.   

Approximately 800 volunteers across the state serve as members of the Kentucky Citizen Foster Care Review Board. The boards operate within the Division of Dependent Children’s Services of the Administrative Office of the Courts in Frankfort. The volunteer reviewers help ensure that children receive the necessary services while in foster care and are ultimately placed in permanent homes.

As the operations arm for the state court system, the AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks, and executes the Judicial Branch budget.

 

Kentucky court system lifts three-year hiring freeze

Kentucky court system lifts three-year hiring freeze

FRANKFORT, Ky. — The state court system is lifting a three-year hiring freeze and will not have layoffs in the new fiscal year thanks to more stability in the judicial budget, Kentucky Supreme Court Chief Justice John D. Minton Jr. announced Friday.Staff reductions and other measures to curb spending in the last three years have improved the financial outlook for 2012, Minton said in a press release. He called the past cost controls difficult, but necessary in allowing the court system to avoid even larger layoffs, furloughs and courthouse closures.

 

AOC Goes FB but My Vote for Now is TFN.

If you want to follow the Kentucky Courts AOC version of Facebook, then read as follows:

Kentucky Courts

Kentucky Judicial Branch launches Facebook page, Twitter feed

The public can now follow the Kentucky Judicial Branch on Facebook and Twitter for information about court-related news and events. To become a fan of the Judicial Branch on Facebook and to follow the court system on Twitter, visit www.courts.ky.gov and click on the Facebook and Twitter.

However, you gotta remember the link and go to the site to get their postings.

Sociability is a little weak since you can only like them but not add them as a friend.   Looks more like a press release feed than anything else. 

Try Kentucky.gov and sign up for press releases and more from specific agencies, including the AOC stuff:

http://migration.kentucky.gov/newsroom/

 

 

 

Supreme Court of Kentucky adopts statewide rules for family law cases

Family Court Rules of Procedure and Practice
Summary of Family Court Rules of Procedures and Practice

FRANKFORT, Ky. -- For the first time, the Supreme Court of Kentucky has adopted uniform rules for family law cases statewide, Chief Justice of Kentucky John D. Minton Jr. and Deputy Chief Justice Mary C. Noble announced at a news conference today at the Kentucky Capitol.

The Family Court Rules of Procedure and Practice apply to all family law cases, which are handled by Family Court judges in 71 Kentucky counties and by circuit and district judges in the 49 other counties without a Family Court. Family law cases include such matters as divorce, termination of parental rights, domestic violence, child support, juvenile status offenses, adoption, and dependency, neglect or abuse.

The rules became effective Jan. 1, 2011, and will have a significant impact on the practice of family law in Kentucky.

Previously there were no statewide rules specifically for family law cases. Judges followed the Supreme Court Civil Rules and created local family law rules for their jurisdiction. The new rules are based on best practices in domestic and child welfare cases in Kentucky courts. They provide a uniform set of rules for judges, attorneys and parties to follow statewide to help ensure safety, permanency and well-being for children and families.

“These rules will change the way family law is practiced in Kentucky,” Chief Justice Minton said. “The many Kentucky citizens involved in family law proceedings – some of the most sensitive and difficult cases to come before our courts – will benefit from the dedication and vision of Justice Noble and all those who assisted with drafting these rules.”

Justice Noble headed the initiative to develop and recommend uniform rules as chair of the Supreme Court Civil Rules Committee. The Family Court Rules are a section of the civil rules.  

“These rules represent the ongoing efforts of the Court of Justice to implement the Family Court amendment to our Constitution, which established our Family Courts,” Justice Noble said. “As time passes, we grow closer to having a true statewide Family Court system. This is a developmental project we are mindful of and determined to achieve.”

The new family law rules were developed with input from stakeholders, including Supreme Court justices, Court of Appeals judges, Family Court judges, circuit and district judges, domestic relations commissioners, circuit court clerks, family law attorneys, the Cabinet for Health and Family Services and community partners, including children’s advocacy groups.

The process began in May 2009, when the Supreme Court and the Administrative Office of the Courts jointly hosted a Civil Rules Conference to gather information from judges and domestic relations commissioners to assist with drafting the rules. The conference focused on identifying the best practices in rules for family law cases and developing these rules as the standard for all Kentucky courts. Approximately 80 justices, judges and domestic relations commissioners participated in the discussions. They covered the areas of divorce and property; domestic violence; paternity; status offenders (juveniles who commit noncriminal acts such as running away from home); dependency, neglect or abuse; adoption and termination of parental rights; and child custody, visitation and child support.

As a result of the conferences, six multidisciplinary subcommittees were formed to provide input and recommendations for drafting the new rules. The subcommittees were chaired by judges and included representation from the courts, social services, attorneys and other family law professionals.

The recommendations for the proposed rules was presented to the Supreme Court in April 2010 and published in the Kentucky Bar Association magazine, Bench & Bar, in May. All attorneys licensed to practice in Kentucky receive the magazine. Attorneys had the opportunity to provide input on the proposed rules at a hearing during the KBA Convention in June.

The proposed rules and feedback from the KBA Convention were presented to the Supreme Court in October 2010. The court voted in November to adopt the rules.

Domestic and Child Welfare Cases
Domestic and child welfare cases are handled by Family Court judges in the 71 Kentucky counties with a Family Court. In the 49 other counties, the cases are handled by circuit and district judges.

Supreme Court of Kentucky
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be “published,” which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.