FRANKFORT, Ky. -- An advisory group of judges, prosecutors, defense lawyers and law professors seeking common ground to ensure proper funding of the state’s criminal justice system forwarded its findings today to Gov. Steve Beshear and the leadership of the Kentucky General Assembly for their consideration in the budget-making process.
The Kentucky Bar Association’s Criminal
Justice Roundtable recommended the development of a common effort to
seek adequate funding for prosecutors and public defenders
and outlined several “common principles” for reporting case numbers
presented by the Kentucky Department of Public Advocacy (DPA), the
state’s Unified Prosecutorial System comprised of County Attorneys and Commonwealth’s Attorneys under the chairmanship of the state Attorney General’s Office, and the state Administrative Office of the Courts (AOC).
“Especially now, when faced with these
tough economic times, it is critical that judges, prosecutors and
public defenders work together to ensure adequate funding for the
proper functioning of the criminal justice system,” the recommendations
state. “The influx of cases and the workload of the courts are beyond
the control of the judiciary, the prosecution and the defense. Their roles and responsibilities
are not discretionary -- they have no ability to reduce or limit the
demands placed on them by constitutional requirements and statutorily
imposed duties, including the right to counsel, the right to a speedy trial and the right to due process.
These are rights that are mandated by law and essential to a free and
safe society. Adequate resources must be provided to comply with this
mandate and to protect the citizenry and all those who come before the
courts seeking justice.”
Case number calculations are often used
by each group to demonstrate the amount of work accomplished and the
amount of funding necessary to fulfill each organization’s
constitutional duties. While a strict, uniform method of counting cases
may not be possible at the current time, “prosecutors and public
defenders should identify total cases as the number of cases opened
each year, plus the cases carried over into the next year,” according
to the recommendations adopted by the roundtable. “Additionally, if
workload is to be accurately and equally measured, both the prosecution
and defense should count probation revocation cases.”
In seeking funding requests, the
roundtable urged prosecutors and public defenders to establish a common
funding formula “that will facilitate proper, uniform and balanced
allocation of needed resources for both of their essential functions,
as well as that of the entire criminal justice system.”
KBA President Charles E. “Buzz” English, Jr., of Bowling Green
said the association formed the Criminal Justice Roundtable and its
subcommittee in October to foster better communication on issues
central to the advancement of justice in the Commonwealth.
“As an integrated bar representing all
Kentucky lawyers, the Kentucky Bar Association is interested in
advancing these interests and improving the effective administration of
justice in the courts of our Commonwealth,” English said. “By convening
and facilitating this discussion, we hope to promote communications and
cooperation among the key players in the interest of all stakeholders,
the most important being the public at large.”
Edward C. Monahan, Public Advocate for
the state DPA, said that “while we stand in different places in the
courtroom, we can and should join together to seek adequate funding for
Kentucky’s criminal justice system to ensure fair process, reliable
results and public safety. The work of the KBA Roundtable under the
leadership of our KBA President significantly helps on this important
journey of achieving adequate funding for the good of the Commonwealth.”
Allen C. Trimble of Williamsburg, Commonwealth Attorney of the 34th
Judicial Circuit and president of the Kentucky Commonwealth’s
Attorney’s Association, said the criminal justice system is only able
to serve the public when all aspects of the system are properly funded.
“If the system is not properly funded, victims, defendants and the public in general suffer,” Trimble said.
The recommendations adopted by the roundtable were forwarded by a subcommittee comprised of co-chairs Hon. Martin E. Johnstone, Supreme Court of Kentucky (Retired), and Professor William H. Fortune, University of Kentucky College of Law; as well as Monahan, Professor Leslie W. Abramson, Brandeis School of Law at the University of Louisville; Mike Bowling, Former Chair, House Judiciary Committee; Hon. J. Michael Brown, Secretary of the Justice Cabinet; Christopher T. Cohron, Commonwealth’s Attorney (8th Judicial Circuit); Jerry J. Cox, Attorney, Mt. Vernon; Daniel T. Goyette, Louisville Metro Public Defender and President of the Kentucky Association of Criminal Defense Lawyers; and Rob Jones, Executive Director, Finance and Administration Cabinet Office of Policy & Audit.
Other roundtable members include Hon. Sara W. Combs, Chief Judge, Kentucky Court of Appeals; Trimble; Janet M. Graham, Deputy Assistant Attorney General; R. David Stengel, Commonwealth Attorney (30th Judicial Circuit); J. Michael Foster, Christian County Attorney (3rd
Judicial Circuit); Pierce Whites, General Counsel to the House Speaker;
Harland Hatter, General Counsel to the Senate President; Ian Sonego,
Commonwealth Attorney (8th Judicial Circuit); William E.
Johnson, Attorney, Frankfort; W. Robert Lotz, Attorney, Covington;
David A. Lambertus, Attorney, Louisville; Professor Mark Stavsky, NKU
Chase College of Law; Bruce K. Davis, KBA President-Elect; Margaret E.
Keane, KBA Vice-President; Robert C. Ewald, KBA Past President.
