Kentucky

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 34^th 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 (8^th 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 (30^th Judicial Circuit); J. Michael Foster, Christian County Attorney (3^rd Judicial Circuit); Pierce Whites, General Counsel to the House Speaker; Harland Hatter, General Counsel to the Senate President; Ian Sonego, Commonwealth Attorney (8^th 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.