Bench & Bar

JAN 2013

The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.

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KENTUCKY BAR NEWS Professor Lawson's presentation was followed by a robust panel discussion from diverse and distinguished leaders. From left to right, Allison Connelly, Clinical Professor of Law, University of Kentucky, moderator; Rep. John Tilley, chair, House Judiciary Committee; Mark Stavsky, professor of Law, NKU Chase College of Law; Sen. John Schickel, Senate Judiciary Committee; W. Robert Lotz, Covington criminal defense lawyer; Amanda Spears, Kentucky Parole Board and Tom Wine, Jefferson County Commonwealth's attorney-elect. 3. 2012); Robert G. Lawson, Drug Law Reform-Retreating from an Incarceration Addiction, 98 Ky. L.J. 201 (2009); Robert G. Lawson, PFO Law Reform, A Crucial First Step Toward Sentencing Sanity in Kentucky, 97 Ky. L.J.1 (2008); Robert G. Lawson, Turning Jails Into Prisons—Collateral Damage From Kentucky's "War On Crime," 95 Ky. L. J. 1 (2006); Robert G. Lawson, Difficult Times in Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, 93 Ky. L. J. 305 (2004). See generally, The Inaugural Session of the Annual Forum on Criminal Law Reform in the Commonwealth of Kentucky, Criminal Law Section, Kentucky Bar Association, Nov. 9, 2012 (available upon request of the 4. author) [hereinafter Criminal Justice Forum]. HB 463 was the culmination of several years of work. The Task Force's main objective was to "seek new ways to protect public safety while controlling the growth of prison costs." The Task Force partnered with the Public Safety Performance Project of the Pew Center on the States, the Crime and Justice Institute, and the JFA Institute. The impetus for such an undertaking was obvious: By early 2008, Kentucky had earned the dubious distinction of leading the country in the growth rate of its state inmate population, which had exploded by 260 percent over the preceding three decades. Recidivism rates 5. were high, community-based sentencing options and resources were lacking, particularly for substance abuse issues, and a high percentage of offenders were being sentenced to prison. The Task Force developed 10 recommendations it outlined in a January 2011 report to the General Assembly. HB 463 earned strong bipartisan support as it passed the Senate unanimously with only one non-concurring vote in the House. The bill included provisions that allowed for deferred prosecution and expanded pretrial release; required evidence-based practices to be used by DOC [Department of Corrections] in treatment and intervention programs; created the mandatory reentry supervision (MRS) program; began to define the difference in trafficking and peddling of controlled substances; and changed the associated penalties … The majority of provisions under the new law went into effect in June 2011. A second major component, MRS, went into effect January 1, 2012. HB463 Implementation Report, Criminal Justice Council, Justice & Public Safety Cabinet (Oct. 1, 2012) at 3-4. Criminal Justice Forum at p. 4. At its December 2012 meeting, the Kentucky Public Advocacy Commission presented Dan Goyette, center, with a Resolution in honor of his remarkable 30 years of defender leadership and 37 years of defender service. From, left to right, Public Advocacy Commission Members Allison Connelly, John Rosenberg, Lewis Paisley, Bob Ewald, Charles E. "Buzz" English, Jr., Mike Bowling, Jerry Cox, Commission Chair Luke Milligan, Crystal Rae Coel Coleman, and Public Advocate Ed Monahan. Commission Members not present, Darryl Durham, Mark Stavsky, Debra Miller. The Resolution noted that Goyette has systematically provided the guiding hand of counsel to hundreds of thousands of clients in Jefferson County with paramount pride, relentless passion and dogged perseverance. January 2013 Bench & Bar 35

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