Kentucky Law Review

COURTS: Judicial center in Frankfort may decide fate of Frankfort church landmark - Good Shepherd Catholic Church

If the AOC has its way, the Good Shepherd Catholic Church may give way to courthouse expansion.  Many of you may recognize this staple in the Frankfort skyline.  "The church, with its distinctive steeple, has been a signature of Frankfort's modest skyline and a keystone building in the historic district near the Kentucky River. " 

"County Judge-Executive Ted Collins has proclaimed in public meetings that he wants to preserve the church, but some in the community are concerned that it will become the latest historic casualty of the Kentucky court system's $880 million effort to replace courthouses across the state."

The picture to the left is one I have particularly liked by local photographer Gene Burch which can be found in his 2000 Frankfort calendar and is available for purchase at his web site by clicking here.  For a much larger and more detailed picture of the church tower, then click here.

Here's the story by Ryan Alessi:

Franklin debates razing church
Verdict on historic church needed before new courthouse built
By Ryan Alessi
ralessi@herald-leader.com

Good Shepherd Catholic Church has been a part of Frankfort's skyline for decades.

How courthouses get off the ground

In each county, a project development board oversees the process of building a new courthouse.

Franklin County's board meets Monday at 4 p.m. in the third- floor conference room of the courthouse annex, 315 West Main Street, Frankfort.

As part of new transparency measures imposed by Kentucky Chief Justice John D. Minton, the AOC created a Web site — http://courts.ky.gov/courthousegalleries/ — outlining details of the courthouse projects.

As Franklin County moves toward constructing a $30 million judicial center, the fate of a nearby 158-year-old church has touched off intense community debate.

County officials, who have been wrestling with where to place the new structure, have returned their focus to Good Shepherd Catholic Church's property behind the old county courthouse.

They are set to negotiate with church officials Monday afternoon before a formal meeting of the courthouse project development board at 4 p.m.

click on heading for entire story.

Judicial budget shortfall or "buddy, can you spare a dime.... or $37.8 million worth of dimes?

Senator Everett McKinley Dirksen has been inaccurately credited with the saying "A billion here, a billion there, and pretty soon you're talking real money"?

However, it is nonetheless a truism, just as it is easier to save a penny than earn a penny.

With that lead-in, I move to stories regarding the budget crunches and shortfalls.  Too many agencies, too little money, and too many sacred cows.

With that you got to have some empathy for Chief Justice Minton who must either get more money for the AOC or tighten the belt.  In any event, the task that has befallen him is a daunting one, with recent news stories attacking the courthouse spending boom, putative irregularities in the courthouse construction contracting, judicial hires at the AOC with felony arrests in their record, and the senior status judges program increasing daily as it approaches its sunset date.

Well, my hat goes off to Chief Justice Minton and his six supporting but silent justices meeting with Interim Joint Judiciary Committee and predicting dire consequences if the $37.8 million budget shortfall for the courts is not eliminated. If $15 million is for opening new judicial centers and apparently 88 per cent of the operating budget is tied to personnel in the courts, then what is a judicial body to do?  And since that story aired, the governor has reported a possible doubling of the shortfall! So as the Chief was seeking more money, the situation was going from bad to worse as 2010 approaches with no extra money in sight. See, eg.,Gov. reveals 50% increase in budget deficit - Plans special session

Our courts are crowded, new courts are opening up, and costs are rising in the midst of a structurally unsound budget.  However, is the AOC's house in order as it goes to the lawmaker's house asking for a handout?  And don't forget the AOC is not subject to the open records statute for citizens obtaining information on the administrative side of the court room.

In today's recession and the ever-shrinking tax dollars, wasteful and unnecessary programs are a pubic disservice.  The Chief Justice may have to take a close look at the senior status judge's program and whether or not it is an actual financial drain on the budget or a drain on the public's perception of our judicial operations; and whether the program is a negative to hang onto while asking money for essential programs at the AOC.  Delaying judicial appointments to save a few dollars by not filling constitutionally created offices and filling those offices with senior status judges via a legislatively-created and poorly conceived and marginally regulated senior status judges program is not a good solution.   Hiring freezes and letting non-essential personnel go are the usual plans for living within ones means, in business and in government. 

I can't read the tea leaves, but I suspect more and more government agencies are going to be complaining of loss of services to be necessitated by loss of budget dollars.  And the lament of the publics need for the services will be a tired refrain to those out of work. Those agencies who have looked long and hard and taken the hard steps to save money and provide service will probably deserve serious consideration when the time comes to balance the budget.

Stan Billingsley at Lawreader had probably the best reporting on the exchange at the meeting over the AOC shortfall at Chief Justice addresses Legislative Committee re: problems facing the Judiciary. 

Again, Buddy can you spare a dime?  However, doesn't anyone realize that asking for a dime from the legislature entails them raising a dime from an already financially strapped citizenry? 

Chief Justice Says Courts Face Deficit from WTVQ.com
Tuesday, 18 November 2008 18:10

Crowded court dockets and rising costs are putting Kentucky's court system in a financial pinch.

Kentucky Supreme Court Chief Justice John Minton warned lawmakers Tuesday that with current "continuation funding" the court system will face a $37.8 million deficit by July 2011, the start of the state's new budget cycle. "A budget that is structurally unsound," Minton told members of the Interim Joint Judiciary Committee.

In a very rare move, designed to show a willingness to cooperate with the legislative branch, Minton and the other six justices of the state's highest court appeared at the meeting. Only Minton testified.

"With 88 percent of the operating budget tied up in personnel it doesn't take long for those cuts to reach people," the Chief Justice told WTVQ 36 News after the meeting. Minton says without more money the court system would have to "greatly reduce expenditures" which could lead to cuts in staff and services.

Around 3,700 people work in the state's judicial system, including nearly 400 judges. The current two year budget is approximately $293 million. Senator Robert Stivers, (R) Manchester, co-chairman of the judiciary panel, suggested that balancing workloads could help save money. "I think some are under and some are over utilized," said Stivers.

The Chief Justice says changing Kentucky's judicial boundaries would be very difficult. "If there ever is, Senator, a sacred cow in the system, that would be it," said Minton.

Minton says there are no plans to slow projects to open new judicial centers, but that may happen if revenue cuts occur. Approximately $15 million of the projected $37.8 million shortfall is the result of the completion and occupancy of the new judicial centers which are scheduled to come on line according to Minton.

[updated 3:29 pm]

AOC: Chief Justice to speak to Interim Joint Judiciary Committee on Tuesday at the Capitol

FRANKFORT, Ky. -- Chief Justice of Kentucky John D. Minton Jr. will discuss the state of the judiciary when he speaks before the Interim Joint Committee on the Judiciary on Tuesday, Nov. 18. The committee will meet at 10 a.m. in room 171 of the Capitol Annex in Frankfort.

AOC: Court Facilities Standards Committee to review judicial center projects for Carlisle and Wolfe counties

Court Facilities Standards Committee to review judicial center projects for Carlisle and Wolfe counties

 

The public is invited to the Nov. 14, 2008, meeting of the Court Facilities Standards Committee at 10 a.m. EST at the Administrative Office of the Courts in Frankfort.

OP-ED: Herald Leader op-ed piece takes close look at AOC and hiring and building issues

Here is a Herald Leader story that takes a close look at Kentucky's Administrative Office of the Courts.  Although the story recommends legislation to make the AOC subject to some oversight via the "open records statute", serious consideration should be given that the AOC has a personnel/administrative side and the judicial/court side and when the functions blend over, it might not be wise to give anyone a free look into those records.

For example, the use of the open records statute to obtain personnel records of two county attorneys vying for judge against each other became part of the political landscape.  Would this be possible in the federal system with the Freedom of Information Act and the Privacy Act?  Not hardly.

However, some for of quasi-independent oversight over perceived problems and abuses may very well seem warranted since this is the public's business and the public's money being spent.  An "inspector general" or a tailored open records provision geared to budget, buildings, etc. may be worthy of consideration .

Here's the Herald Leader's op-ed, en toto:

For justice's sake, clean up AOC

 

In this country, when all else fails, we rely on the court system to deliver justice.

Because the courts are our final refuge against scoundrels, misguided public opinion and human pettiness, we hold them to a higher standard in all things.
Click Here!

And that's why the repeated shortcomings of the Administrative Office of the Courts — which, under the supervision of the chief justice of the Kentucky Supreme Court, plays a central role in operating Kentucky's courts — are so deeply disturbing.

New Chief Justice John D. Minton Jr. must move quickly and decisively to restore confidence in Kentucky's courts.

The most recent problem was laid out in a story by Brandon Ortiz in Saturday's Herald-Leader. In it, we learned that Andrew Scott, a son of Kentucky Supreme Court Justice Will T. Scott, was promoted to a position that involved monitoring accused criminals, including drug addicts, by our court system despite his own pending felony drug charge in Virginia.

The story goes on to compare the AOC's personnel policies regarding pending criminal matters to those of other state agencies and similar agencies in other states, and Kentucky's courts come up short.

There are further concerns, including the fact that, when Andrew Scott was demoted shortly after receiving an earlier promotion, he was allowed to keep his raise.

Andrew Scott resigned after a reporter began making inquiries about his case.

But Scott's departure is almost beside the point.

The point is that episodes like this fundamentally undermine public confidence in our court system. The AOC's secretiveness — refusing to answer questions about whether Scott had notified the AOC of the drug charge, whether he was disciplined because of it, or what role his family ties had in the promotion — further damages the agency's standing.

Secrecy has become something of a hallmark at the AOC, which is exempted from the state's open records law. That's made it hard to sort out just where the money has gone in the $800 million courthouse building spree overseen by former Chief Justice Joseph Lambert.

The most recent embarrassment in that program is the $6 million spent on a new Harrison County Courthouse that is not accessible to people with disabilities.

But there's more.

Lambert's son worked for a time for Ross Sinclaire & Associates, which handled the bonds on more than 68 percent of the courthouse projects. The son's girlfriend was hired for an unadvertised human resources job at AOC.

Codell Construction has gotten the job as construction manager on almost 60 percent of the courthouse jobs. Relatives of the Codell family that controls it and employees of the company have been active contributors to county judge-executives and other local officials involved in deciding the contracts, and have contributed about $3,500 to the campaigns of Lambert's wife, Debra Lambert, for family court judge and circuit court judge.

Lambert retired in June. Minton has promised to take measures to "shore up public confidence," in the building program, including opening more records on the projects to public inspection.

That's a good first step. But the story of Andrew Scott, and those that came before it, dictate that Minton must go much further to eliminate a culture of ethical laxity within the AOC if he's serious about restoring confidence in Kentucky's court system.

FRANKLIN: Good Shepherd Property favored for new $30 million Franklin County Judicial Center

From the State Journal (click on heading for entire story)

Good Shepherd favored site
BY CHARLIE PEARL
October 28, 2008

The Good Shepherd property on St. Clair and Wapping streets - excluding the historic church building " is now the top-priority site for the new $30 million Franklin County Judicial Center.

The new site is adjacent to the historic Franklin County Courthouse and the new and old buildings would connect and have a large green space along St. Clair Street.

In the newest proposal, the new facility will be four stories but the top stories will set back to not overshadow the front of the old courthouse.

NEWS: Ky Supreme Court Justice Scott's Son Resigns AOC Post Pending a Felony Drug Charge in Virginia

Brandon Ortiz has posted the following story at the Herald Leader; and Beth Musgrave also contributed to this story. 

Justice's son resigns AOC post
Promotion came as felony charge was pending

By Brandon Ortiz - bortiz@herald-leader.com               

The oldest son of state Supreme Court Justice Will T. Scott was promoted by the court system in January despite a pending felony drug charge in Virginia.

Andrew H. Scott, 33, resigned Friday, according to a spokeswoman for the Administrative Office of the Courts. His resignation came after the Herald-Leader began asking questions about his pending criminal case.

The Administrative Office of the Courts did not respond to further questions about Scott's resignation. It's unclear whether his resignation took effect immediately.

Scott could not be reached Friday for comment.

Justice Will T. Scott said late Friday that he did not have a comment about his son's resignation. "I don't think Andrew would want to say anything either," he said. "I gave all my comments ... earlier."

AOC: Court records retention committee headed by COA Judge Tom Wine of Louisville meeting on Nov. 6 @ 9:30 am to review records retention policy

The following press release was received and is shared with all.

However, I have a simple suggestion for records retention.  Ask google (tm) how they are able to keep and preserve the amount of records they do; one plane ticket for one computer person and one legal person to California and the Google office should answer all the questions you would have.

Here's another thought - How about this --- All records scanned and stored at a central repository available to all on-line (for an access fee to cover the cost); and all paper records kept locally for a certain time period consistent with the needs of the public and the Commonwealth with access to the state digital repository at no charge through a computer terminal at each clerk's office in the state with a fee for authenticating and/or printing.

Welcome to the 21st Century.  And although there may be an "issue" regarding charging access to the government records on-line, then all you do is amend the law this next session.

Most offices have (or can have existing equipment upgraded or purchased converting the digital copiers to digital scanners).  The county land records are on-line already in some counties (may be all for all I know).

Also make a decision as to what records are to be scanned digitally if need be. 

Or if on-line access is an issue, then simply pick a paper destruction date and scan/save/store all "destroyed" records after a most liberal retention period.

By the way, did you note that no private attorneys or citizens are on this committee?  Just government lawyers, judges, employees, and officials.  But, the public is welcome to watch next Thursday.

Court Records Retention Committee meeting
Thursday, Nov. 6, 9:30 a.m., Administrative Office of the Courts
Why This is News: The Court Records Retention Committee is considering how the Kentucky court system retains, destroys and archives court records statewide. The CRRC held its first meeting Sept. 4 in Frankfort.

Who: The CRRC members represent those with an interest in the preservation of court records, including judges, attorneys, circuit court clerks and personnel from the Administrative Office of the Courts. The members are Court of Appeals Judge Thomas B. Wine, who chairs the committee; Jefferson County Family Court Judge Patricia Walker FitzGerald; Senior Judge Roger L. Crittenden; District Judge Brandy O. Brown, who serves Clark and Madison counties; Woodford County Circuit Court Clerk Tricia Kittinger; Fayette County Commonwealth’s Attorney Ray Larson; Fayette County Attorney Larry Roberts; Damon Preston, director of the Trial Division of the Kentucky Department of Public Advocacy; Kevin Smalley, manager of the AOC Division of Clerk Services; Jim Columbia, manager of the AOC Division of Records and Statistics; Brian Sudduth, supervisor of the AOC Division of Accessioning; and Barbara Teague, director of the Public Records Division of the Kentucky Department for Libraries and Archives.

What: Chief Justice of Kentucky John D. Minton Jr. formed the CRRC in late August to consider how the Kentucky court system should address records storage across the state. In 1977 the legislature gave the chief justice of Kentucky statutory authority to determine how court records are to be maintained.

The CRRC’s goals are to ensure community safety by keeping records prosecutors need to effectively prosecute individuals who have committed crimes against the commonwealth, to maintain criminal records that citizens may seek to have expunged and to appropriately spend limited state funds with regard to records storage.

The records retention process came to the forefront in late 2006 when the AOC, following current guidelines, destroyed records in Jefferson County. Prosecutors and others called for a change to the records retention policy, maintaining that the destruction of records eliminated information necessary for enhancing the charges of offenders and other significant uses. After a panel recommended changes to the policy, the AOC announced in April 2007 that the destruction of all court records would be halted statewide until the issue could be further reviewed.

When: Thursday, Nov. 6, 9:30 a.m.

Where: Administrative Office of the Courts, Building 12 conference room. The AOC is located at 100 Millcreek Park in Frankfort.

Contact: Jamie Ball, public information specialist, Administrative Office of the Courts, 502-573-2350, jamieball@kycourts.net

COURTHOUSES: Herald Leader story follows up on its investigation into Kentucky Courthouse construction with story on failure of Harrison County project to accommodate disabled

Herald Leader highlights problems with disability access to courthouse.  We added a picture of the new judicial center to the immediate left showing the wheelchair ramp on the right.  The picture was found at the AOC web site.

Access to Harrison courthouse limited
DISABLED PEOPLE MUST HAVE GUARD'S ASSISTANCE TO ENTER
By John Cheves
jcheves@herald-leader.com

081026Courthouse
Law&MortarLogoNew

CYNTHIANA — Sandy Sageser moved into her new home a year ago, but she didn't update the address on her driver's license because she couldn't get to the circuit court clerk's office in the Harrison County Justice Center.

Severe back and kidney problems force Sageser to use a wheelchair or walker to get around.

Unfortunately for her, the $6 million Justice Center, which opened in 2002 as part of Kentucky's ambitious courts expansion, has just one public door. There are 11 steps in front of it and no wheelchair ramp.

Instead of a ramp, the Kentucky Administrative Office of the Courts installed a mechanical wheelchair lift. But the lift frequently is broken. When it does work, it's operated by a guard who must be summoned by a buzzer.

Sometimes there is only one guard on duty at the entrance. If so, he either needs to call for another guard to come and help the disabled person, or he has to lock down the entrance while he operates the lift.

As the minutes pass, Sageser said, disabled people are expected to wait patiently outside on the sidewalk, exposed to the weather.

"How are they getting away with this? Isn't there a law?" Sageser asked. "Prisoners get treated better at this courthouse than we do. At least the prisoners can get in."

There is a law — the Americans with Disabilities Act, or ADA — that says disabled people should be able to enter public facilities under their own power.

But as Harrison County shows, the law is not always followed in Kentucky courthouses, even as the AOC has allocated $880 million to build 65 justice centers around the state.

Nobody seems to know how widespread accessibility problems are.

AOC spokeswoman Jamie Ball said the courts agency can only document and address accessibility problems that citizens bring to its attention. This year, that has included complaints about inoperable automatic doors in the Jefferson and Lee county courthouses, Ball said.

The AOC did not know about the Harrison County Justice Center until the Herald-Leader inquired about it, she said.

"Once we learned there was a problem, our ADA coordinator made a site visit and asked the state ADA coordinator to have a facilities specialist look at the lift and provide feedback," Ball wrote in a statement. "Once the AOC receives that feedback, we will address issues with the lift to ensure that it operates properly and consistently within ADA requirements."

A lawmaker who oversees state construction projects, including the justice centers, said there's no excuse for a new building that is not wheelchair accessible.

"I had never heard of this, and I think it's a huge problem," said state Sen. Tom Buford, R-Nicholasville, a member of the legislature's Capital Projects and Bond Oversight Committee.

"We are spending so much on these justice centers, they had better have all the bells and whistles, they had better be fully in compliance with all the laws," Buford said.

COURTHOUSE DEDICATION: Hart County Judicial Center - Munfordville - Oct. 30 @ 11:00 am

FRANKFORT, Ky. -- The public is invited to a dedication ceremony for the Hart County Judicial Center on Thursday, Oct. 30, at 11 a.m. CDT at 117 E. South St. in Munfordville.

“The Hart County Judicial Center will greatly enhance the security of our court system,” Hart County Judge Executive Terry Martin said. “This modern facility is a very welcome addition to Hart County and will streamline a lot of our new technology.”

The judicial center consists of approximately 36,000 square feet and includes space for Circuit Court, District Court, the Office of Circuit Court Clerk and ancillary services.

The new court facility increases efficiency of services and public flow. It is equipped with the latest computer, video and networking technology. The design also provides the highest level of Kentucky court security through a single-point entry with magnetometers and security personnel. In addition, prisoners will be segregated from the public by separate entrances and corridors.

The Hart County Judicial Center was designed to meet the standards required by the Administrative Office of the Courts. The project was completed by Brandstetter Carroll architectural firm of Lexington and Alliance Corporation of Glasgow. Ross, Sinclaire & Associates, which serves Kentucky and six other states, was the financial agent.

Chief Justice John D. Minton Jr. and Judge Executive Martin will be among the speakers at the dedication ceremony. State legislators, circuit and district judges, county magistrates, AOC staff and local officials are also expected to attend. For more information, contact Judge Executive Martin at 270-524-5219.

For a list of current courthouse projects, click here.

For special in Herald Leader,  Law & Mortar: Examination of a courthouse building boom