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Courts

Sunday, December 21, 2008

COURTS: Kentucky Embracing E-Warrants

From WLKY is a story on e-warrants in Kentucky:

Kentucky Embracing E-Warrants
By Andy Alcock/WLKY


FRANKFORT, Ky. -- There's a plan to use the Internet to revolutionize law enforcement in Kentucky.   An electronic system for filing criminal warrants is already in place in Metro Louisville and four other Kentucky counties, and Gov. Steve Beshear wants to have it statewide within two years.  Click on web site for video - Kentucky Embracing E-Warrants

Wednesday, December 17, 2008

COURTS: "Sentencing Delayed in DUI Case" of local insuance agency owner Robert Clarkson

From WLKY with video at their site:

The owner of a local insurance agency has pleaded guilty and was supposed to be sentenced Friday in a drunken driving case but now, he'll have to wait another month to learn his fate.Watch The StoryIn fact, we're told the victim's parents were even in the courtroom today prepared to make a statement to the judge, but sentencing for Robert Clarkson was postponed until another judge issues an opinion on a previous ruling about the plea deal he took.

Sunday, October 05, 2008

COURTS: Pike County "Drug Court" Under Scrutiny

From the Appalachian News Express:

Judge’s program under scrutiny

By Russ Cassady, Staff Writer

An independently-created and financed program intended as an alternative to the county’s District Drug Court is under scrutiny.

One participant claims he is being held improperly in the Pike Detention Center.

Angela Darcy, an assistant public advocate, filed a petition late last week on behalf of Dustin Mullins, 22, of Jenkins, a participant in the PAST program — a partnership between Pike District Judge Kelsey E. Friend Jr. and Pikeville Medical Center which is not, like the more widely-known Administrative Office of the Courts-administered drug court programs, overseen or monitored by the state.

The petition, filed against Pike County Jailer Rodney Scott, alleges “it appears (Scott) is currently holding (Mullins) without legal authority in violation of his Kentucky and United States Constitutional rights.” It asks the court to issue a writ of habeas corpus, which would cause Mullins to be released.  Click here for rest of story.

In a related story regarding one of the participants in this PAST program at the Appalachian News Express:

PAST prisoner set free

By Russ Cassady, Staff Writer

Days after a Pike man filed a petition claiming he was being improperly held in the Pike County Detention Center, he was released.

Court maneuvers on Wednesday set Dustin Mullins, 22, of Jenkins, free.

Mullins, a participant in an alternative drug court, was jailed in August on an order from that drug court, which is not sanctioned or overseen by the state. The petition questioned the legitimacy of the drug court and orders allegedly issued without respect to Mullins’ constitutional rights.

However, the status of the PAST program remains in question, as none of Wednesday’s hearings resolved the issues contained in the filing. Included in those issues was whether the PAST program is a drug court and able to issue sanctions without holding a hearing.

Mullins was released after two hearings, in one of which Pike Circuit Judge Steve Combs dismissed the habeas corpus filing that brought the case to light, then remanded it to Pike District Court.

The other hearing was held before Pike District Judge Kelsey E. Friend Jr., who began and oversees the PAST program as an alternative to the more commonly known state-sanctioned and overseen drug court program.

In the hearing in Combs’ courtroom, Pike County Attorney Howard Keith Hall announced that his chief assistant, Roger Varney, had worked out a deal in Mullins’ district court case, but said he wants to make clear the prosecution was not “conceding” to the facts contained in the filing.

“We feel like this petition might be an indictment on the drug court system,” Hall told the judge, adding all indications are the PAST program is working.

Mullins entered the PAST program, which is funded by Pikeville Medical Center, as part of a probated sentence on a theft charge earlier this year.

Click on heading for entire story at newspaper site.

Sunday, September 21, 2008

CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader

Brandon Ortiz at the Herald Leader has posted the following story  about a lawsuit filed which accuses Kentucky Supreme Court Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

Fired court employee accuses justice of nepotism  from Herald Leader

A fired court system employee has filed a lawsuit accusing Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

The former Administrative Office of the Courts employee, Ruth Ann Combs, claims she was fired in January so that Andrew H. Scott could have her job.

The lawsuit, filed against the AOC and "unknown agents" who participated in her firing, comes on the heels of an internal administrative appeal that found that Combs' claim had "no merit whatsoever."

The suit was filed Aug. 27 in Perry Circuit Court.

NOTE:  If anyone should have a copy of this complaint, please send to me at kylawblog(at)yahoo.com in PDF format and I will post.  

Continue reading "CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader" »

CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader

Brandon Ortiz at the Herald Leader has posted the following story  about a lawsuit filed which accuses Kentucky Supreme Court Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

Fired court employee accuses justice of nepotism  from Herald Leader

A fired court system employee has filed a lawsuit accusing Justice Will T. Scott of unethically intervening to get his oldest son a promotion.

The former Administrative Office of the Courts employee, Ruth Ann Combs, claims she was fired in January so that Andrew H. Scott could have her job.

The lawsuit, filed against the AOC and "unknown agents" who participated in her firing, comes on the heels of an internal administrative appeal that found that Combs' claim had "no merit whatsoever."

The suit was filed Aug. 27 in Perry Circuit Court.

NOTE:  If anyone should have a copy of this complaint, please send to me at kylawblog(at)yahoo.com in PDF format and I will post.  

Continue reading "CIVIL CASES: "Fired court employee accuses justice of nepotism" Herald Leader" »

LAWYERS: "Public defenders ordered to take cases" from Herald Leader/ Kentucky.com

Public defenders ordered to take cases fromHerald Leader

A Franklin County judge has ordered public defenders to stop refusing certain types of cases because of funding problems.

 

The temporary injunction, which was entered Friday afternoon by Franklin Circuit Judge Thomas D. Wingate, was made at the request of lawyers for Kentucky State Treasurer Todd Hollenbach and Finance and Administration Secretary Jonathan Miller.

 

The executive and legislative branches are being sued by the Department of Public Advocacy, which claims that it was not provided enough funds this spring to meet its constitutional obligation to represent poor criminal defendants.

 

Lawmakers, who were facing budget shortfalls, cut DPA’s budget by $2.3 million, to $37.8 million, in the fiscal year that began in July.

 

Wingate ruled there are serious questions as to whether DPA will succeed in its litigation. He ordered public defenders to stop refusing to represent certain types of clients until the litigation is resolved.

Sunday, September 07, 2008

ELSEWHERE: A coupla Indiana stories of note on judicial retention elections, records retention, judicial report cards, and more

For some posts on how the legal systems in other states handle problems and issues dealing with updates in the courts (eg., Indiana's Commission on the Courts) and judicial elections/retention (Ind. and Mo.) and judicial report cards being posted on line (Ks.) and a little about SCOTUS and filling unnecessary records, then follow the following links from the Indiana Law Blog by Marcia Oddi:

Thursday, August 07, 2008

LAWREADER: "Ky. Court Costs raised $20 million. Civil filing fees now $153. DUI Service Fee goes to $375."

Court costs up; filing fees up; and the price of justice ain't cheap.  Justice by the numbers in the following post from Lawreader:

Ky. Court Costs raised $20 million. Civil filing fees now $153. DUI Service Fee goes to $375.
LawReader  Aug. 3, 2008   Court costs for expungements has been raised from $100 to $125. The cost to file a civil claim in Circuit Court has increased $35 to $153. The cost to post a bail bond has increased to $25. A DUI service fee which originally was $200 has been increased to $375. click on heading for more.

Tuesday, August 05, 2008

COURTS: Corbin's Times Tribune Story Raises Concerns Over Appointments to Judicial Nominating Commission

The following story written by Managing Editor Samantha Swindler from The Times Tribune out of Corbin, Kentucky takes a close look at the procedures for selecting the members to fill one of our state's district judicial nominating commissions. 

Although, the judicial nominating commission is limited to nominating three lawyers to fill a judicial vacancy, their role is a critical element to the process that begins with the vacancy, an announcement of that vacancy, applicants for nominees to fill that vacancy, consideration of the nominees with three names going to the governor, and then the governor appointing one of the three to fill the vacancy until the next election. 

Now, I have learned the process of even selecting members for the commission is an area of importance, as well.

I would like to add that this story is an excellent example of the value and quality of local investigatory journalism --- an issue was identified, the facts accumulated, and the point to be made clearly expressed following those facts.  Impressive.  Never underestimate the importance of the local journalist and newspaper.  It is easy for "bloggers" to take the "real" journalist's "blood, sweat, and tears" in the form of their shoe-leather investigatory work and then casually offer an opinion, but it is always the facts that are critical to our understanding of the world we live in.

Unlike the pundits on television where "news" and "commentary" are almost always blurred and indistinguishable, the newspaper usually does a better job of keeping the two distinct so that opinions do not become fact by repetition and the passage of time. 

I have not included the entire  story; just the opening paragraphs.  Please click on the heading for the remainder of Ms. Swindler's story on line at the Times Tribune.

Finally, thanks to a local reader for bringing this to my attention for posting.  THANK YOU VERY MUCH.

Last-minute Republicans make judicial nominating commission

By Samantha Swindler / Managing Editor

Two Republicans assigned to the 27th Judicial District Nominating Commission (serving Laurel and Knox counties) were both — until two weeks before their appointments — former Democrats, one of whom donated to Gov. Steve Beshear’s primary campaign.

Judicial nominating commissions are chaired by the Chief Justice of the Supreme Court and consist of two representatives of the Kentucky Bar Association and four lay members of the local counties represented — two from each major political party. When a judicial vacancy occurs, the local nominating commission chooses three nominees to submit to the governor, who has 60 days to appoint a replacement.

Ruthie Hoskins and Everett Morgan were both appointed by Gov. Steve Beshear on Jan. 4 to serve on the 27th Judicial Nominating Commission as lay members representing the Republican party.

Both will serve for terms expiring Jan. 1, 2012.

Click on heading for remainder of editorial.

Continue reading "COURTS: Corbin's Times Tribune Story Raises Concerns Over Appointments to Judicial Nominating Commission" »

Thursday, July 17, 2008

OP-Ed: Now we have two bloggers pushing to increase small claims court jurisdiction amount!

Dollar20sign203Back in January of this year, I remarked on pending legislation in Frankfort to increase Small Claims Court jurisdiction.  I also suggested that district court jurisdiction should also be increased to reflect the inflationary changes since the jurisdictional amount of $1,500 for small claims court and $4000 for district court was established in 1976.

My story was entitled "SUGGESTED LEGISLATION: Upping the jurisdicitonal amount for district court is due." and another follow up was "MORE on my suggestion to up the district court's jurisdictional amount which has remained unchanged since 1976!"  My post reflected on the inflationary aspects on the jurisdictional amount and then contrasted them with the minimum liability insurance coverage in the Commonwealth for cars such that $25,000 would be a good number for the courts, the consumers, and the claims.

Well, we have the one legislator who prompted the proposal - Mike Harmon.  Another Mike (me).  And now, Mr. Lawreader himself, Stan Billingsley has identified that no state in the country has a lower jurisdictional amount for small claims court than Kentucky.  At $1500, Kentucky Small Claims Court has the lowest Dollar Jurisdictional Amount in the United States…its time for a change.