By law, murderers, rapists and most other convicted felons have the right to a “face-to-face” hearing before the parole board when seeking release from prison. This face-to-face interaction gives them a better chance to convince the board they’ve been rehabilitated and can be released.

Victims of discrimination don’t have the same rights when they file complaints with the Kentucky Commission on Human Rights. They don’t have the same rights because the commissioners are part-time volunteers who don’t actually hear the cases they decide.

I have met and discussed with Mike Alexander, Governor Fletcher’s Deputy General Counsel. I am convinced that both Governor Fletcher and Mike are correct that there “appears” to be a need to set a new and higher standard for civil rights enforcement.

The commission has served this state well over the years, but there comes a time in the life of every organization when change must occur. Discrimination is no longer carried out as a blatant act. It’s generally hidden and more “sophisticated,” but it’s just as devastating.

Civil rights laws and court decisions that have developed since the 1960s are extremely complex and require disciplined study to master. For these reasons, and others, we now should empower and strengthen the commission by moving to a panel of full-time commissioners.

The commission now is required to act like a court of law, but its original structure of 11 part-time volunteers has not changed. Among some of its other duties, the volunteers are asked to review hundreds of cases annually.

Typically, if there’s a hearing, a hearing officer is assigned to listen to evidence and submit a report to the volunteers, who review the paperwork and decide whether or not there was a proved case of illegal discrimination. The volunteers never see the victim or any other parties to the case.

Shortly before his death, Supreme Court Justice Thurgood Marshall observed that we haven’t yet reached a point where we completely appreciate what is different between us. If we move forward with reorganizing the commission, I’m confident that we move closer to winning the war for racial and economic justice for all here in Kentucky.

I hope that you will keep these things in mind as we participate next week (Monday, January 17) in the annual memorial events giving honor to the life and legacy of Dr. Martin Luther King, Jr.

s/Brereton C. Jones
Past Governor
of Kentucky
(The above was edited significantly in order to satisfy this newspaper’s state policy of 400 words maximum for letters or opinions.)
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Dear Editor:

I continue to believe it is of value to report activities of the Supreme Court of Kentucky to the people of this district.

In the past year, a total of 338 opinions and orders have been rendered and 649 motions for discretionary review filed, with 87 being granted and 562 denied. There were a total of 1,226 items on the docket of the court. Sixty eight workers’ compensation opinions were rendered.

I have written 51 opinions. In the past year, I have voted to affirm convictions in 107 criminal cases and to reverse in six. The work of the court remains at approximately 65 percent criminal cases with the balance being civil.

Fifty four rehearings were considered, of which one was granted and 53 denied. Eighteen motions for transfer were reviewed, seven granted and 11 denied. One hundred two general orders were issued. One motion to certify the law was denied.

The Supreme Court is in continuous session and most oral arguments are heard within three months after final briefing. Generally, decisions are rendered within seven months after oral arguments. There are 16 cases fully submitted and awaiting oral argument. One hundred fourteen nonoral cases are also under submission.

There continues to be a large number disciplinary cases. In the past year, 50 orders disbarring, suspending, temporarily suspending or publicly reprimanding lawyers were entered. Eighty lawyers withdrew from the practice of law for matters unrelated to discipline.

Among the significant decisions rendered in the past year is an opinion which found the beginning of human life to be a viability for the purposes of criminal prosecution. This changes the rule from the previous born-alive standard. The majority of the court approved the actions of a hospital to remove life support systems from an indigent patient, a ward of the state. In response to a decision from the United States Supreme Court, a majority of the court reduced the punitive damage in a tort action involving an automobile manufacturer. The ban on smoking as adopted by the Fayette County Urban Government was approved as a matter of local autonomy. The relationship between site-based councils and superintendents in the public school system was decided in favor of the site-based councils.

In the coming year, the court will face further determination of the limitation to be placed on punitive damages in product liability and negligence cases; the application of anti-nepotism provisions in school systems.

Very truly yours,
s/Donald C. Wintersheimer
Justice
(The letter above was edited significantly to satisy the newspaper’s stated policy of 400 words maximum acceptable.)