KY voters: Yes on rights for crime victims, no on longer terms for district judges
A push to give crime victims more rights in Kentucky courts has won approval by a comfortable margin.
The amendment will engrave a number of rights in the Kentucky Constitution for victims, including the right to be notified of court proceedings and to be heard in court; the right to have cases not bogged down by unreasonable delays; and the right to consult with prosecutors.
However, the second proposed amendment on the ballot, to create longer terms in office for district judges and commonwealth’s attorneys, fell far short.
Voters first approved the victims’ rights amendment, commonly called Marsy’s Law, in 2018, but the Kentucky Supreme Court struck down that vote, ruling that the language on the ballot was not specific enough.
So this year, the entire text of the amendment was on the ballot, spelling out in more than 600 words what the measure would do.
The measure is named for a woman who was murdered in 1983. Her brother, technology billionaire Henry T. Nicholas III, has financed campaigns for victim-rights laws in Kentucky and other states.
Supporters said the amendment was needed in order to make sure courts pay attention to victims’ concerns, and that putting their rights into the Constitution will make sure courts comply.
Sen. Whitney Westerfield, a Republican from Crofton who sponsored the amendment, said the measure had to overcome misinformation from opponents, but voters got it.
“I think they understand and appreciate the importance of treating crime victims with respect and dignity,” Westerfield said.
Opponents argued the law was not necessary because of existing protections for victims, and that the law will erode the bedrock principle that people are presumed innocent until convicted.
“If the voices of complaining witnesses/victims are not being heard, it is because prosecutors and judges are not following the statutes that already protect these rights,” the Kentucky Association of Criminal Defense Lawyers said.
Angela Rea, president of the association, said opponents challenged it in state court before the vote, alleging that the measure was inappropriate because it included too many provisions.
A circuit judge upheld it but a notice of appeal has been filed.
Westerfield said he was confident the amendment will survive the challenge.
The other amendment to the Constitution on the ballot was a proposal to double the term of district judges from four years to eight, bringing them in line with terms of judges in other state courts.
District courts handle a range of cases, including traffic offenses, misdemeanor crimes and smaller lawsuits.
The measure also would have increased the experience required to be eligible to become a district judge and upped the term of commonwealth’s attorneys, who prosecute felonies, from six years to eight years.
In addition to being a matter of parity in judges’ terms, supporters said the proposal would recognize that the caseload in district court has gotten more demanding since the office was established in the mid-1970s.
“Our jurisdiction just keeps getting added onto by the legislature,” said J. Foster Cotthoff, a district judge in Christian County and president of the Kentucky District Judges Association.
Cotthoff said one factor in the defeat was that supporters were short on resources to educate voters. It also seemed voters just didn’t want to extend terms of office, he said.
There was opposition, embodied by state Sen. John Schickel, R-Union, who argued it would mean less accountability because people wouldn’t get to vote on district judges and commonwealth’s attorneys as often.
Constitutional Amendment 1 (Marcy’s Law)
- Yes 1,135,513
- No 659,556
(94.7 percent of precincts reporting.)
Constitutional Amendment 2 (Terms of Judicial Offices)
- Yes 565,782
- No 1,127,006
(94.7 percent of precincts reporting.)
This story was originally published November 3, 2020 at 9:14 PM.
