Kentucky Public Defenders Caution Against Reopening Court System

CREDIT BLOGTREPRENUER / WIKIMEDIA COMMONS

The state agency charged with defending low-income clients in criminal cases is warning against prematurely reopening Kentucky’s court system.

The Kentucky Department of Public Advocacy was founded in 1972 in response to the landmark U.S. Supreme Court decision in Gideon v. Wainwright, which requires the state to provide legal representation to those who can’t afford to pay a private attorney. DPA attorneys practice throughout Kentucky’s 120 counties.

In response to the COVID-19 pandemic, the state Supreme Court entered orders allowing video and telephonic conferencing instead of in-person court proceedings. After a May 15 order from the court to that effect, some trial judges are working to hold in-person hearings as early as June 1.

Kentucky’s deputy chief public defender, Deputy Public Advocate Scott West, is encouraging leaders in the judiciary to cautiously reopen courthouses. He said court dockets frequently put clients, attorneys and court staff in close proximity, making it difficult to maintain adequate social distancing.

“Even if safety precautions are enforced, an in-person docket means that defenders and others will be exposed to dozens or hundreds of people over the course of several hours as people continuously rotate throughout the courthouse and courtrooms,” West said. “Any one of those could bring COVID-19 to all the people in the courtroom, endangering their health and requiring an extended shutdown of the court system once the exposure is discovered.”

Murray DPA Directing Attorney Cheri Riedel agrees. She said the precautions are necessary, but a balance must be struck between limiting court proceedings and protecting client liberties. She said one of the more difficult aspects of the COVID-19 closures has been lack of access to clients in custody at correctional facilities.

“They have tried to limit the inmates’ exposure to the outside. I haven’t stepped foot in any jail since March 17 or 18. That makes things somewhat difficult because certain communications can only be had face-to-face.”

DPA officials are asking judges to continue holding virtual hearings through July. More information on the Kentucky Court of Justice’s response to COVID-19 may be found here.