Judicial races are on the ballot. We launched our first-ever judicial election guide to help you learn more about the candidates so you can make an informed decision before Election Day, Tuesday, November 8.

View the election guide at the very bottom of this page.

Judicial races often go unnoticed but are crucial to reforming our broken criminal legal system. These judges can reduce incarceration rates, help people seek treatment for substance use disorder, keep children out of adult prisons, and more. However, they could also make these problems even worse by increasing incarceration and denying people the support and rehabilitation they really need.

We are proud to have expanded this guide from the first we ever made before the May 2022 primary election. For the general election, we sent questionnaires to 123 candidates running for seats on the Supreme Court, Appeals Court, and District and Circuit Courts. We received 43 responses.

The majority of Kentucky counties have at least one candidate who responded to our questionnaire on the ballot.

Responses from Supreme Court and Appeals Court candidates cover several areas of the commonwealth. We also sent questionnaires to Circuit and District Court candidates in 11 counties: Boone, Bracken, Campbell, Carroll, Fayette, Franklin, Jefferson, Kenton, McCracken, Oldham, and Shelby. Some races did not have a single candidate respond and are not in the guide below. We hope to continue expanding this guide to include races in more counties for future elections.

How to use this guide:

Find out which candidates will be on your ballot in menus 1 through 5 at the bottom of this page. Once you know, read responses from each candidate in the menus starting after #5. Several races will be on your ballot. Any candidate listed as running in your county will be on your ballot. View a sample ballot here.

Election Day is Tuesday, November 8, 2022.

You can vote in-person on Election Day, Tuesday, November 8, vote early in-person, or vote by mail. Visit our Voter Information Center to learn more about voting, see where to vote, view a sample ballot, and more.

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The guide is based on responses to a questionnaire developed by our legal team. It gauges candidates’ views on topics such as self-representation in court, police misconduct, and more. The responses and non-responses are shared verbatim on our website without any editing. The ACLU of Kentucky is non-partisan, so we do not endorse candidates and do not encourage people to vote for any particular candidate. This guide is simply a survey we hope will give you some of the information you need to learn about the candidates and make an informed decision.

2022 Judicial Election Guide

1. Kentucky Supreme Court Candidates

Four of Kentucky's seven Supreme Court Justices have expiring terms. Candidates marked with an asterisk did not respond to our questionnaire.

View a map of Supreme Court districts here.

1st District (Western Kentucky)

Voters in these counties can vote in the 1st District: Ballard, Caldwell, Calloway, Carlisle, Christian, Crittenden, Daviess, Fulton, Graves, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenberg, Todd, Trigg, Union, Webster.

Justice Christopher Shea Nickell is running unopposed in the 1st District. We did not send a questionnaire.

2nd District (Southwest Central Kentucky)

Voters in these counties can vote in the 2nd District: Allen, Barren, Breckinridge, Bullitt, Butler, Edmonson, Grayson, Hancock, Hardin, Hart, Larue, Meade, Monroe, Ohio, Simpson, Spencer, Warren.

  • Shawn Alcott*
  • Kelly Thompson

Chief Justice John Minton currently holds this seat and is not running.

4th District (Jefferson County)

Voters in Jefferson County can vote in the 4th District.

  • Angela McCormick Bisig
  • Jason Bowman

Justice Lisabeth Taylor Hughes currently holds this seat and is not running.

6th District (Northern Kentucky)

Voters in these counties can vote in the 6th District: Boone, Bracken, Campbell, Carroll, Gallatin, Grant, Henry, Kenton, Oldham, Owen, Pendleton, Shelby, Trimble.

  • Joseph Fischer*
  • Michelle M. Keller

Justice Michelle M. Keller currently holds this seat.


Justices Debra Hembree Lambert (3rd District), Laurance B. VanMeter (5th District), Robert B. Conley (7th District) currently hold their respective seats and are not up for election.

2. Appeals Court Candidates

All 14 seats in the Kentucky Court of Appeals are up for election. Candidates marked with an asterisk did not respond to our questionnaire.

View a map of Appeals Court districts here.

1st Appellate District, Western Kentucky

Voters in these counties can vote in the 1st District: Ballard, Caldwell, Calloway, Carlisle, Christian, Crittenden, Daviess, Fulton, Graves, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenberg, Todd, Trigg, Union, Webster.

Divisions 1 and 2 (unopposed)

Judges J. Christopher McNeill (div. 1) and Donna Dixon (div. 2) currently hold these seats and are running unopposed. We did not send questionnaires.

2nd Appellate District, Southwest Central Kentucky

Voters in these counties can vote in the 2nd District: Allen, Barren, Breckinridge, Bullitt, Butler, Edmonson, Grayson, Hancock, Hardin, Hart, Larue, Meade, Monroe, Ohio, Simpson, Spencer, Warren.

Division 1

  • Jeff S. Taylor*
  • David J. Clement*

Jeff S. Taylor currently holds this seat.

Division 2

Kelly Mark Easton currently holds this seat and is running unopposed. We did not send a questionnaire.

3rd Appellate District, South Central Kentucky

Voters in these counties can vote in the 3rd District: Adair, Anderson, Bell, Boyle, Casey, Clinton, Cumberland, Garrard, Green, Harlan, Knox, Laurel, Lincoln, Marion, McCreary, Mercer, Metcalfe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne, Whitley.

Divisions 1 and 2

Judges Jacqueline M. Caldwell (div. 1) and James H. Lambert (div. 2) currently hold these seats and are running unopposed. We did not send questionnaires.

4th Appellate District, Jefferson County

Voters in Jefferson County can vote in the 4th District.

1st Division

  • Audra Eckerle

  • Tricia Lister

Judge Irv Maze currently holds this seat.

2nd Division

  • McKenzie Cantrell
  • Annette Karem

Judge Denise G. Clayton currently holds this seat and serves as the Chief Judge for the Court of Appeals. Clayton is not running.

5th Appellate District, Central Kentucky

Voters in these counties can vote in the 5th District: Bourbon, Clark, Fayette, Franklin, Jessamine, Madison, Scott, Woodford

Divisions 1 and 2

Judges Pamela Goodwine (div. 1) and Glenn E. Acree (div. 2) currently hold these seats and are running unopposed. We did not send questionnaires.

6th Appellate District, Northern Kentucky

Voters in these counties can vote in the 6th District: Boone, Bracken, Campbell, Carroll, Gallatin, Grant, Henry, Kenton, Oldham, Owen, Pendleton, Shelby, Trimble.

1st Division

Judge Allison Jones currently holds this seat and is running unopposed. Jones serves as the Chief Judge Pro Tem for the Court of Appeals. We did not send a questionnaire.

2nd Division

  • Susanne Mowery Cetrulo*
  • Robert Winter*

Judge Susanne M. Cetrulo currently holds this seat.

7th Appellate District, Eastern Kentucky

Voters in these counties can vote in the 7th District: Bath, Boyd, Breathitt, Carter, Clay, Elliott, Estill, Fleming, Floyd, Greenup, Harrison, Jackson, Johnson, Knott, Lawrence, Lee, Leslie, Letcher, Lewis, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Robertson, Rowan, Wolfe.

1st Division

  • Sarah W. Combs

Judge Sarah W. Combs currently holds this seat and is running unopposed.

2nd Division

Judge Larry E. Thompson currently holds this seat and is running unopposed. We did not send a questionnaire.

3. Fayette County Circuit and District Judge Candidates

These are all of the candidates running for circuit and district judge in the 22nd Judicial Circuit and 22nd Judicial District, which are made up of Fayette County. All voters in Fayette County can vote in these races. Candidates marked with an asterisk did not respond to our questionnaire.

Names are listed in alphabetical order and are spelled as they will appear on your ballot. All Fayette County voters can vote in all of these 22nd Circuit Court and 22nd District Court races.

Circuit Judge

Division 6

  • Carl Devine*
  • Tiffany Yahr*

Judge Carl Devine currently holds this seat.

Division 7

  • Diane Minnifield
  • Jeffrey Taylor

Judge Jeffrey Taylor currently holds this seat.

Divisions 1, 2, 3, 4, 5, 8, and 9 (unopposed)

Judges Libby Messer (div. 1), Traci H. Boyd Brislin (div. 2), Lucy Ferguson VanMeter (div. 3), Julie Muth Goodman (div. 4), Ross Ewing (div. 5), Thomas Travis (div. 8), and Kimberly Nell Bunnell (div. 9) currently hold their respective seats and are running unopposed. We did not send questionnaires.

District Judge

Division 1

  • Denotra Gunther
  • Shannon Brooks*

Judge Denotra Gunther currently holds this seat.

Divisions 2, 3, 4, and 5 (unopposed)

Judges T. Bruce Bell (div. 2), Lindsay Hughes Thurston (div. 3), Melissa Moore Murphy (div. 4), and John Tackett (div. 5) currently hold their respective seats and are running unopposed. We did not send questionnaires.

4. Jefferson County Circuit and District Judge Candidates

These are all of the candidates running for circuit and district judge in the 30th Judicial Circuit and 30th Judicial District, which are made up of Jefferson County. All voters in Jefferson County can vote in these races. Candidates marked with an asterisk did not respond to our questionnaire.

Names are listed in alphabetical order and are spelled as they will appear on your ballot. All Jefferson County voters can vote in all of these 30th Circuit Court and 30th District Court races.

Circuit Judge

Division 2

Judge Annie O'Connell currently holds this seat and is running unopposed. Judge O'Connell submitted responses.

Division 4

  • Ebert Haegele
  • Julie Kaelin

This seat is currently held by Judge Charles L. Cunningham, Jr.

Division 5

  • Tracy Davis
  • Mary M. Shaw

This seat is currently held by Judge Mary M. Shaw.

Division 7

  • Melissa Bellows
  • Theodore Shouse

This seat is currently held by Judge Audra Jean Eckerle.

Division 9

  • Nichole Taylor Compton*
  • Sarah Clay

This seat is currently held by Judge Jessica Green.

Division 10

  • Dorislee Gilbert
  • Patricia Morris

This seat is currently held by Judge Angela McCormick Bisig.

Division 12

Judge Susan Schultz Gibson currently holds this seat and is running unopposed. Judge Gibson submitted responses.

Divisions 1, 3, 6, 8, 11, and 13 (unopposed)

Judges Eric Haner (div. 1), Mitch Perry (div. 3), Brian C. Edwards (div. 11), Susan Schultz Gibson (div. 12), and Ann Bailey Smith (div. 13) currently hold their respective seats and are running unopposed. Judge Jessica Green (div. 6) is running unooposed for a seat currently held by Judge Olu A. Stevens; Judge Green currently serves in the 9th Division. Jennifer Bryant Cox (div. 8) is running unopposed for a seat currently held by Judge A. C. McKay Chauvin. We did not send questionnaires to any of these candidates.

District Judge

Division 1

  • Anthony Jones
  • Emily Monarch

Division 3

  • Kelly Bowles
  • Kristina Garvey

Division 4

  • Yvette De La Guardia
  • Lora Holman

Division 6

  • Justin Brown
  • Lisa Langford

Division 7

  • Shannon Fauver
  • Megan McDonald

Division 8

  • Karen Faulkner
  • Jessica Stone

Division 9

  • Kaitlin Dean
  • Tanisha Hickerson

Division 10

  • R. Christian Garrison
  • Sara Michael Nicholson

Division 15

  • Claudette Patton
  • Mary Wolford

Divisions 2, 5, 11, 12, 13, 14, 16, and 17 (unopposed)

Judges Amber B. Wolf (div. 2), Jennifer Leibson (div. 5), Jessica Moore (div. 11), Josephine Layne Buckner (div. 12), Anne Delahanty (div. 13), Stephanie Pearce Burke (div. 14), Katie King (div. 16), and Erica Lee Williams (div. 17) currently hold their respective seats and are running unopposed. We did not send questionnaires to these candidates.

5. Kenton County Circuit and District Judge Candidates

These are all of the candidates running for circuit and district judge in the 16th Judicial Circuit and 16th Judicial District, which are made up of Kenton County. All voters in Kenton County can vote in these races. Candidates marked with an asterisk did not respond to our questionnaire.

Names are listed in alphabetical order and are spelled as they will appear on your ballot. All Jefferson County voters can vote in all of these 30th Circuit Court and 30th District Court races.

Circuit Judge

Division 3

  • Jason Hiltz*
  • Mary "Kate" Molloy*

Judge Gregory Bartlett currently holds this seat.

Divisions 1 and 4

Judges Kathy Lape (div. 1) and Patricia M. Summe (div. 4) currently hold their respective seats and are running unopposed. We did not send questionnaires to these candidates.

District Judge

Division 2

  • Jamir Davis
  • Kenneth L. Easterling*

Judge Kenneth L. Easterling currently holds this seat.

Divisions 1 and 3

Judges Ann Ruttle (div. 1) and Douglas J. Grothaus (div. 3) currently hold their respective seats and are running unopposed. We did not send questionnaires to these candidates.

Kelly Thompson, Supreme Court, 2nd District (Southwest Central Kentucky)

Only voters in the 2nd Supreme Court District can vote in this race. The candidates for this position are Kelly Thompson and Shawn Alcott. Alcott did not respond.

Voters in these counties can vote in the race for the 2nd District: Allen, Barren, Breckinridge, Bullitt, Butler, Edmonson, Grayson, Hancock, Hardin, Hart, Larue, Meade, Monroe, Ohio, Simpson, Spencer, Warren

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

my prior opinions speak for me  see Padilia v. CommJ

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Justice Earl Warren

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

I cannot speak to this question. this issue will now be before me on the Supreme Court of Kentucky

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

 yes,see my recent decision of Louisville Courier Journal v.  Louisville Metro Police Department

How can judges support successful community reentry?    

graduated sanctions on probation with supervision

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

yes depends on the level of misconduct

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

we try the most difficult decision is who not to incarcerate.  the legislature continues to increase punishments for existing crimes and creating new criminal statues 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Miranda

Describe any significant pro bono work you have done in your career.    

yes, yes, yes. I was Chief Public Defender of Warren County Ky.  I received Pro Bono award from Kentucky Bar Association several times.  I have handled hundreds of pro bono civil litigations.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

goes back to slave patrols.  now it is driving while black and similar practices.  all we can do is keep a watchful eye to each individual case. 

Angela McCormick Bisig, Supreme Court, 4th District (Jefferson County)

Only voters in the 4th Supreme Court District can vote in this race. The candidates running for this position are Angela McCormick Bisig and Jason Bowman. Both candidates responded.

Voters in Jefferson County can vote in the race for the 4th District.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

The impact of incarceration on citizens and their families, support groups and the community cannot be taken lightly. Society often forgets that for every person sentenced to a term of prison or jail, there are parents, children, coworkers and others that are profoundly impacted. I have had extended family experience incarceration. The anxiety and worry that accompany legal troubles can be debilitating. While we must hold those accountable who violate the law, we must be sure to fully consider the life changing impact for  those in the criminal justice system. I am one of the founding mothers of a restorative justice project implemented in our juvenile court system. Restorative justice looks to righting the wrong that occurs when a wrong is committed in a way that empowers the victim and allows for learning and healing in addition to accountability. I work hard to treat everyone in my court with respect. I'm committed to addressing issues caused by addiction and mental illness as part of a holistic approach to criminal justice.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

As a judge I am to apply the law to the cases before me. I have worked for years in international programs in our community that work with our immigrant populations. I've done legal trainings at Catholic Charities. I fundraised and implemented the first ever cultural immersion and language training in our courts for prosecutors, defense lawyers and judges. I learned Spanish so that I could speak to our Hispanic population that appear in my court. I have visited courts in France, Poland, Tiawan and the Middle East. I have allowed continuances in cases before me while attorneys seek additional advice on immigration issues for their clients. I also have served in the past on the Boards of Directors of our World Affairs Council, Sister Cities of Louisville and the Americana Community Center. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

There are many prior US Supreme Court Justices I admire. John Marshall Harlan was a US Supreme Court Justice  from Kentucky who was the loan dissenter in the landmark case of Plessy vs. Ferguson. Justice Louis Brandies the namesake of our UofL law school for his focus on community service. Justice William E. McAnulty from the Kentucky Supreme court was an early mentor of mine. He swore me in as a judge 20 years ago.  I served as his law clerk the 3 years, and he showed me the importance of being  fair and compassionate. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

I am running to be on the Kentucky Supreme Court and will refrain from commenting on the Dobbs opinion as the issues addressed in the  case are likely to be before the Court.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

The primary role of a judge is to follow the rule of law. As a trial judge or a Supreme Court Justice, I would fairly and impartially apply the law to police charged with crimes or official misconduct. From a system wide standpoint, Law enforcement is a key component of a fair criminal justice system. I have served for many years on the Chief Justice's racial fairness task force who's roll it is to examine every aspect of our criminal justice system to look for bias and make recommendations to improve our justice system. Based upon our country's  history of discriminatory treatment towards people of color, judges must be steadfast in our responsibility to work with all of our system participants, including police, to continually address problems raised by our community leaders. We must continue to be open to criticism and transparent in our work.  

How can judges support successful community reentry?    

I am currently on the Board of Directors of the Volunteers of America. All of my work in this organization involves supporting programs that work towards addition recovery, job skills and supporting justice system involved individuals in getting on a better path. We are also working to expand the use of Restorative Justice around the state and to young adults. All of these efforts are specific to trying to bring offenders back into community to repair the harm they have caused, fix the relationships that have been broken, and return them to a productive, satisfying life.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

This would depend on the type of misconduct and who was involved. Issues regarding an attorney's conduct can be reported to the Bar Association. I have also talked with lawyers on the record or in chambers about issues regarding court practice, preparedness etc.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges play an important role in leading our community to address the broad range of issues that lead to crime and incarceration. Continuing conversations about group violence reduction strategies by targeting the most at risk youth with treatment and services is important. Programs like restorative justice can help reduce jail sentences. Increased  mental health resources and treatment is also a key component in reducing incarceration rates. Increased educational opportunities to insure youth have the tools and support to succeed and find jobs. The Day Reporting Center which gives a high level of accountability and therapy to those convicted of violating the law while allowing them to remain in the community is an excellent tool that should be expanded. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Although it is much older that 30 years and did not involve a criminal issue, the most significant US Supreme Court decision in our country is Marbury v. Madison in which the US Supreme Court for the first time in our countries' history struck down an act of Congress as unconstitutional. This firmly established the concept of judicial review and set up the courts as a firm check and balance on the other branches of government. Without this decision, the courts as a co-equal third branch would not exist in the same manner as they do today.

Describe any significant pro bono work you have done in your career.    

I've been on the bench for 20 years...as a result,  it has been a long time since I have practiced law. Many years back when I was still an attorney, I volunteered for the legal aid volunteer lawyer program. I also helped to organize the volunteer lawyers program at Greenebaum. I have had countless students shadow me on the bench. I speak to classrooms and community organizations about the law. I work for numerous community organizations such as the Dare to Care Food Bank, the Red Cross, the Center for Women and Families and the St. Vincent DePaul Society.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

This issue is important, broad and complicated. Everyone that appears in a court of law must be treated impartially and without bias regardless of their race or cultural backgroud. There are many deep and intertwined reasons leading to disporportionate incarceration rates  beginning with our countries' history of slavery and institutional racism. Judges must be strident in efforts to examine the justice system for prejudice and bias. Programs like implicit bias training are important. Committees like the Racial Fairness Task Force and the disproportionate minatory confinement committee are a start. Programs that mentor youth and focus on education and opportunities are important. As a justice system we are working on this issue, and while we have made progress, we are still not all we should be. We must continue to have the tough conversations, innovate new solutions and bring system partners together to address this long standing problem.

Jason Bowman, Supreme Court, 4th District (Jefferson County)

Only voters in the 4th Supreme Court District can vote in this race. The candidates running for this position are Angela McCormick Bisig and Jason Bowman. Both candidates responded.

Voters in Jefferson County can vote in the race for the 4th District.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

No, Neither I nor anyone close to me has ever been incarcerated

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

The role of a judge requires judges to follow the law. However, a judge with their knowledge, should be able to ascertain what consequences the legal process could have on individuals and take that into account as the case moves forward. If there is he to ensure that justice is served without having disproportionate consequences on an individual, a judge should explore those options, rather than just selecting the easiest solution. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?  

I have always admired Ruth Bader Ginsberg because of her courage and intelligence. I also admired Antonin Scalia's skill as a writer, not necessarily his opinions, but I was always impressed with his ability to write. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

I struggle with the Dobbs decision because it is one of the very rare occasions that the U.S. Supreme Court has taking a step back, rather than moving forward. While I do not believe the Court's role is a legislative role, the U.S. Supreme Court is usually in a position to monitor social and societal changes and will take action to protect citizens. Now with the Dobbs decision and the language used by the Court, I fear that the Court will take away more and more freedoms from Citizens, which should never be the Court's role. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

I think police misconduct does need to be addressed. We have gone from a country where police served and protected, to now the police are law enforcement. That slight change has had big impact and a more aggressive tactics of 'enforcing laws.' Qualified immunity has had a big impact on that change as well. People should not have to fear the police and when police exceed their authority they should be held accountable and it is up to the Court's to hold those individuals accountable. That is what we expect from our Courts to be that system of accountability.    

How can judges support successful community reentry?    

Too often judges are just part of it is when people are put into the system but are not there as people exit the system. Judges can support individuals as they re-enter communities by suppose individuals who have followed the courts sentence and requirements and have done what they are required to do to re-enter the community. I believe that judges been involved when someone has completed their requirements can have positive impact on someone reentering the community.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have had to address attorney misconduct in my work as an attorney. The first step (depending on the severity of the misconduct) is to address the issue with the attorney. They may have been mistaken on the rules or ethics and I believe it is our role in the judicial system is to help educate each other. I have been honest when addressing the issue and letting the attorney know I have a duty to report the misconduct to the Bar Association. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

The first question judges should be asking themselves is why am I placing any person in jail. If a person is convicted of a crime then the severity of the offense should be weighed against the sentence received. If the person is not a danger to society, then what alternative forms of punishment may be available, rather than just the prison option. In addition, if a person is before the judge on a probation violation, then what steps has that person taken to be compliant, what obstacles have stood in their way. Ensuring that people have the ability to follow through with Court Orders rather than taking a strict liability stance on violations would alleviate this issue as well. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

I have always been fascinated by the Dawson v. Delaware opinion and the effect that it has on criminal prosecutions. It is hard to believe that a person who is charged with a crime would then have evidence with no relevancy be brought before a jury in order to convict them of a crime or to produce a harsher sentence is very concerning. Everyone, regardless of their character, deserves a fair trial and even more so if death at the hands of the state is the ultimate outcome. 

Describe any significant pro bono work you have done in your career.    

I believe that pro bono work is significant for any attorney to ensure that people have access to justice. I routinely will take certain cases each year where the state is either attempting to remove children from families or attempting to terminate parental rights. The cases I take on are for those individuals who cannot afford to pay for their own lawyer, but need legal services above a court appointed attorney. Removing children from a family is hard on the entire family and there are situations in which it is warranted, but unfortunately there are situations where it is not warranted and the emotional harm on the families can be devastating. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I will causes of higher rates of black and brown incarceration is access to justice. By access to justice, not only do I mean having an attorney with resources to put on a defense, but also transparency in the court process. Very few individuals actually know what occurs in court unless they are part of that process. Too often, people walk into court, and that is the first time seeing that room. It can be intimidating, and it can appear that everyone is working against you. With the access to technology that we have, there should be no reason that the court process isn't published to the public, but unless you specifically seek out that information, the public remains in the dark. Judges should ensure that, at the very least,  the public can access the information easily, so people can educate themselves on the court process. In addition, I believe continued education for all participants of the judicial process on racial bias could also help reduce the higher rates. Are often unaware of their unconscious bias, and unless they take steps to make themselves aware will continue to make those mistakes.

Michelle Keller, Supreme Court, 6th District (Northern Kentucky)

Only voters in the 4th Supreme Court District can vote in this race. The candidates running for this position are Michelle Keller and Joseph Fischer. Fischer did not respond.

Voters in these counties can vote in the 6th District: Boone, Bracken, Campbell, Carroll, Gallatin, Grant, Henry, Kenton, Oldham, Owen, Pendleton, Shelby, Trimble.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have a close friend who was incarcerated.  I will not share that personal impact, out of respect to that person.  However, I have been a judge for nearly 16 years and every time that I have had to consider how my legal decision impacts someone's liberty I realize the significant consequences of personal loss of liberty to the incarcerated person, their loved ones, and society in general.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Each case should be decided upon its merits.  In my position, I am not a judge who adjudicates immigration issues.  That being said, the application of any law that disproportionately impacts any certain subgroup should be carefully scrutinized and examined.  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I have a great deal of respect for United States Supreme Court Justices: Sandra Day O'Connor, Thurgood Marshall, John Marshall Harlan, Ruth Bader Ginsburg, Anthony Kennedy and John Roberts. Kentucky Supreme Court Justices:  Robert Stephens, Charles Liebson, Bill Cunningham, Mary Noble, Dan Venters, Don Wintersheimer, John Marshall Harlan (see above), and of course, my current colleagues on the Court.  

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The Canons of Judicial Ethics prohibit me from answering this question at this time

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Misconduct by any subgroup within the criminal justice system needs to be reviewed.  The preceding answer should not be construed to implicate that I believe there is systemic misconduct by any subgroup.  I review each and every case before me based upon its merit and a clear and fair application of the law to the facts 

How can judges support successful community reentry?    

I am a current Board Member for the the Life Learning Center, Inc. Their mission in part, is this very concept of reentry.  Also, our Kentucky Court of Justice's strong support of Drug Court and our other specialty courts is another way that I, and other members of the Judiciary can make a difference here.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Yes, I have, both as a practicing attorney and Judge.  I always make an effort to discuss and rectify the situation if that is possible, if not then a complaint with either the KBA or Judicial Conduct Commission should be filed.  These mechanisms should only be used while exercising the greatest of discretion.  

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

This is really an Executive Branch issue.  The setting of Bond and all other matters related to this issue should be undertaken with a keen application of our Constitution, Criminal Rules, and other Administrative Rules and Statutes.  

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

There are many that I feel are equally significant and that I have analyzed and applied in my judicial writings.  I have authored nearly 1000 opinions to date, and my record speaks for itself.  It might effect my perceived impartiality to start choosing which precedent I feel is most significant. 

Describe any significant pro bono work you have done in your career.    

I have a career-long history of pro bono, beginning with my tenure as an IOLTA Scholar at Legal Aid during law school, and continuing through my current role as Chairperson of the Kentucky Access to Justice Commission.  I was instrumental in establishing the current ATJ Commission as a separate non-profit agency under the auspice of the Kentucky Supreme Court. I have been involved both statewide and nationally in increasing awareness and supporting the efforts of the Commission.  I have received the Donated Legal Services Award from the KBA, and have provided ongoing Pro Bono service over the 32 years of my legal career.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I do not feel qualified to answer this question, as my impressions of this issue are based on anecdotal and media information.  The responsible thing to do would be for me to undertake a thorough study of the peer literature and data before answering.  I am running a campaign and working full time as a Justice and I simply cannot do that at this time.  However, this issue merits significant attention from those in a position to impact it.  Perhaps a Task Force comprised of representatives from all 3 Branches of our government is the way to begin.   

Audra Eckerle, Court of Appeals, 4th District, 1st Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Tricia Lister and Audra Eckerle. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes, we all have friends and family who have had contact with the criminal justice system. I have been a Judge for almost two decades, in both District and Circuit Courts. I know that most people I see are at a terrible and tragic point in their lives.  They need help and treatment, and I work hard to make sure they receive it. Incarceration is the last option, and it is for offenders who endanger the community.

Non citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?

As a Judge, I inquire as to the collateral consequences, such as deportation, of any case. In Jefferson County, the prosecutors generally take steps to amend charges down to avoid immigration consequences. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?

Almost every Judge has aspects, decisions, and character that I admire, and almost every Judge has made mistakes with which I do not agree.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Womens Health decision resonate most or least with you?    

As a sitting Judge, I rule on issues affecting reproductive health. It would not be ethical for me to opine on this issue.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?

Yes, police, lawyers, and every profession have bad actors. The Courts address this issue everyday. I have had several trials for official misconduct by police over the years. And, several high profile trials remain pending against the officers in the Breonna Taylor case.

How can judges support successful community re entry?

The law favors probation and non-incarceration. As I Judge, I encourage everyone to pursue education or a GED. I also require treatment for addiction. Probation and parole officers have enormous resources at their disposal, and I always suggest that people use them as a resource.

Have you as a judge or in your work as an attorney had to address another attorney's misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?

Yes, I have had legal malpractice trials, and have had contempt hearings regarding bad behavior. Most attorneys are trying to do a good job, and I realize some are being overly zealous out of a genuine desire to help their clients. I try to admonish them to gain compliance.

What role do judges play in helping to relieve the over population in Kentucky's jails? What specific actions could judges take to relieve this over crowding?

Judges are required to use incarceration as a last resort. In Jefferson County, we have been very successful at that, and we have reduced the jail population dramatically.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.

I think every decision the U.S. Supreme Court renders is critically important for our society.

Describe any significant pro bono work you have done in your career.

I represented a death row inmate for many years while in private practice.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

As a Judge, I treat everyone respectfully, fairly, and impartially. Skin color, gender, and orientation are never reasons for making judicial decisions.

Tricia Lister, Court of Appeals, 4th District, 1st Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Tricia Lister and Audra Eckerle. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have been a practicing criminal defense attorney for 16 years (which includes my appellate practice), so I have gotten to know many people who are/have been/will be incarcerated. I have seen firsthand the impact this has on those individuals and on their families. I will take very seriously the impact of incarceration on the individual cases that come before me - I am very aware of the costs, benefits, and problems associated with mass incarceration in Kentucky.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

The role of judges in such cases is that of being sure that the defendant is thoroughly informed of, and understands, the consequences of the conviction. A particularly important point in the process is pre-trial negotiation, during which the defendant is trying to determine whether to exercise their trial rights or take a plea. The defendant must be sufficiently informed in order to properly weigh the relevant potential immigration consequences. Informing and ensuring understanding are the key.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I most admire Justice Sonia Sotomayor, Associate Justice of the U.S. Supreme Court since 2009. Justice Sotomayor was born to immigrant parents and raised in public-housing by a single mother (after her dad died at an early age), in an economically challenged household. Justice Sotomayor understands the struggles faced by many Americans, including issues associated with race and poverty. Her compassion, and keen intellect, come through in her written opinions, both for the majority and dissents. She is particularly aware of problems in the criminal justice system, and writes her opinions in a way that calls attention to the issues of mass incarceration, and seeks real-life remedies. She is not an ivory tower justice; her lens is very broad. She continues to speak up for what she believes in, despite the potential discouragement of frequently being in the minority on the current court.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

What struck me the most about the Dobbs decision is Justice Alito’s insistence that any rights recognized that are not explicitly mentioned in the Constitution, must be “deeply rooted in this Nation's history and tradition” and “implicit in the concept of ordered liberty.” He argued that until the latter part of the 20th century, such a right was entirely unknown in American law.  The Nation’s history cited by the court consists of laws written by propertied white men in the late 19th and early 20th centuries. Women weren’t even allowed to vote until 1920, yet the Court pointed out that all but one state criminalized abortion by 1910.  The Court’s insistence that the right be “deeply rooted in history” is problematic. The history of the US is hotly debated today – who is included in the “history”, which voices and points of view have been excluded?  As we struggle to move forward, these words of dissent from Justice Harlan in the notorious Plessy case seem relevant. “The judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case. It was adjudged in that case that the descendants of Africans who were imported into this country, and sold as slaves, were not included nor intended to be included under the word ‘citizens' in the constitution.”  Plessy v. Ferguson, 163 U.S. 537, 559–60, 16 S. Ct. 1138, 1146–47, 41 L. Ed. 256 (1896). 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

Yes, I believe it absolutely needs addressing, and the courts play an important role by determining what is “reasonable” police behavior. The standards are set by the appellate courts and are used by the trial courts in ruling on probable cause and suppression issues and on section 1983 law suits against the police. It is up to the courts to set the standards for when police overstep.

How can judges support successful community reentry?    

Judge’s make determinations about levels of supervision when a person is released from custody, and they can also order participation in various programming. They also have tools for sanctioning and fashioning alternative sanctions when a revocation of parole is requested by a parole officer.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

No specific instance comes to mind, but I am always happy to discuss the difficulties of legal practice and ethical quandaries with any of my peers.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

A trial judge has a lot of discretion in the pre-trial detention decision. A judge can use that discretion to minimize how many people are sitting in jail awaiting trial. When a defendant disagrees with a judge’s pre-trial detention decision, that ruling can be appealed to the Court of Appeals, who will then review the decision and give further instruction to the trial court. In order to relieve the over-crowding, judges should look at alternatives with the goal of only locking up truly dangerous individuals pre-trial. Judges need to remember that before trial, everyone is presumed innocent. Pre-trial detention should not be used as a punishment while awaiting trial. Courts also need to be mindful of making access to the courts available – people can wait in jail for an extended period of time even waiting for a bond hearing. There are many factors leading to the over-crowding, but these are some ways for judges to have an impact.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

As a criminal defense practitioner, I cannot say that one single decision is the most important one in 30 years; there are so many, and they are all relevant to my practice. In particular, Fourth Amendment jurisprudence is very important to criminal justice issues and is constantly being litigated. Several important Opinions have been issued in the past decade, including:  • Riley v California (2014), holding that a search warrant is necessary before searching a cell phone seized upon a arrest; • Rodriguez v US (2015), holding that police cannot extend a traffic stop to allow for a drug dog sniff of a vehicle; • Carpenter v US (2018), holding that an individual maintains a privacy interest in their cell site location data.  These are cases that I refer to frequently in my work as an appeals attorney and in my pre-trial work as well. These cases demonstrate the courts reigning in the power of the government to invade the privacy of the people.   And, Crawford v Washington (2004), holding that out-of-court testimonial statements by witnesses are barred from trial by the Sixth Amendment’s Confrontation Clause, speaks to limiting the prosecutorial power to ensure that it does not negate an individual’s right to confront the witnesses against them.   Arguably, every Supreme Court criminal case Opinion is relevant in criminal defense, but these are ones that I frequently cite. 

Describe any significant pro bono work you have done in your career.  

I have not done any significant pro bono work as such, but I frequently collaborate with other lawyers and share templates I’ve written with other lawyers freely.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Implicit biases and prejudices have been enshrined in case law that allow the over-policing of Black and Brown people. In addition, juries have prejudices and biases that come into play at trials of Black and Brown people that may lead to higher conviction rates and more punitive sentences. The case law needs to be developed by the appellate courts in a direction that attempts to undo the racial biases currently so prevalent in the body of case law. Also, appellate courts determine how juries can be instructed – instructions need to be expanded to more freely allow for education of the jurors about biases.

McKenzie Cantrell, Court of Appeals, 4th District, 2nd Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are McKenzie Cantrell and Annette Karem. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have never been incarcerated or had anyone with whom I had a close relationship be incarcerated. However, we have all been touched by crime, mental illness, substance use disorder and its effects in our families, extended networks and society. I have been in several detention centers in Kentucky as a part of my legal studies, practice and service in the Kentucky legislature. I understand the severity of depriving someone of their liberty. The Court of Appeals is also a little different because instead of sentencing I will be reviewing the sentencing court's decision for errors. It could still determine how much time someone spends incarcerated, and I take that responsibility seriously. I have had this responsibility already. Some of the sentencing and classification of crimes is set by statute, and I have been a part of making and changing those statutes as a member of the legislature and a member for the House Judiciary Committee for the past six years. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

It is likely that any proceedings relating to a non-citizen's violation of state law and any resulting federal action would have taken place by the time the matter would reach the Court of Appeals, but there is certainly a role for lower court judges and law enforcement in that instance. It is very important for the impact of a criminal conviction as it relates to immigration proceedings to be explained thoroughly by the individual’s attorney and the judge overseeing the proceeding.  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

As a state legislator, I spend a lot of time in our historic Capitol building, and on the second floor outside the Supreme Court chambers is a bust of Justice William E. McAnulty Jr. He was the first African American to serve on the Kentucky Supreme Court and served as a judge at every level in the Kentucky court system. He was known as someone who always followed the law even when it was unpopular to do so. He was also a prolific writer as a member of the Court of Appeals, and I hope to issue a lot of opinions and be as efficient as he was once elected to the court.  

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Reversing 50 years of established precedent and taking rights away from women does not resonate with me at all. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

Yes, judges need to rely on law enforcement when signing warrants and providing accurate information both during investigations and during prosecution of individuals for crimes. There are consequences in the law for all different types of misconduct, and our society is grappling all over the country with accountability for misconduct. It is not solely a judge's responsibility to solve this issue, but judges are responsible for holding individuals responsible for their actions, especially any that would undermine the administration of justice or result in the public’s lack of confidence in the judicial process.  

How can judges support successful community reentry?    

The vast majority of individuals convicted of crime are going to return to society after incarceration, and community and family support is crucial to re-entry success. Specialized courts, such as drug court, have been extremely helpful in helping individuals suffering from substance use disorder avoid prison time by confronting the root cause of their crimes and using a collaborative approach combining supervision, treatment, mental health and other community resources. Most people convicted of crimes could benefit from this model of wraparound services to transition into society and reduce the likelihood of reoffense.  Any program designed to help someone pursue skills while incarcerated (education, trades, substance use treatment, mental health treatment, housing, employment, etc.) can help someone once they are released. Supervised release can help with accountability and meeting certain conditions upon release.  Expungement and rights restoration is the biggest tool for re-entry because people must have access to housing, education, employment and training. A criminal record can be a real obstacle and can haunt people for decades, so providing a path to clear certain records is vital in an age where everything is online. I have been on the House Judiciary my entire time in the legislature and have been a part in answering the questions of what offenses should be able to be expunged in what time frame and at what cost in Kentucky.  

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Attorneys have an obligation to report the misconduct of other attorneys. The best thing to do in that situation is to get advice from fellow attorneys or the bar association if there is any question about whether to report. I have been fortunate to work with a lot of talented attorneys in my career, and any conflict has been resolved without an official report.  

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges must accept that there is a delicate balance between holding people accountable for their actions and ensuring jail and prison conditions meet all legal constitutional requirements. Everyone suffers-inmates, families and corrections staff-when facilities are unbearable and populations are too high to safely manage.  Taxpayers spend close to a billion dollars a year housing Kentucky inmates in terms of dollars, and there is also a large societal cost in incarcerating the parents of children, almost more than any other state in the country. The vast majority of incarcerated individuals will eventually re-enter society, so any program designed to help someone pursue a life outside jail or prison (education, skills training, substance use treatment, mental health treatment, housing, employment, etc.) without committing further crimes and the various types of supervised release is a step in the right direction of reducing over-crowding in our jails long term.  

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Batson v. Kentucky ruled that striking potential jurors based on race violated both the 6th Amendment's guarantee of a fair trial and the 14th Amendment's equal protection clause. This landmark case still is a crucial victory toward achieving a jury system where people will be assessed by a truly representative jury of their peers. This case is not just significant to U.S. history, it is also a special piece of Kentucky history.  When I taught at Central High School’s Law and Government magnet program in law school, I enjoyed hearing the back story and perspective on the case from Joe Gutmann, who was the prosecutor in the underlying case.

Describe any significant pro bono work you have done in your career.    

Technically, most of my work in my legal career has been pro bono or provided at below market rates. I first began representing clients as a student lawyer at U of L law school’s domestic violence clinic, where I represented approximately 30 victims seeking orders of protection and 10 clients facing eviction. Those situations are very volatile, and I was proud to provide the best representation regardless of someone’s ability to pay. Currently and for the past nine years, I work for a non-profit that provides its services for free or low cost to the client. My position has historically been grant funded, and I earn a salary regardless of any fees generated so we could maximize the award for the client. This is especially important since I represent people who are alleging that owed wages were not paid to them because workers deserve to be paid timely and for all work performed.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Poverty is correlated with crime and having contact with the court system, and Black and Brown people have significantly less wealth  than white people due to historic racism and exclusion. There is a lot of data available from the Administrative Office of the Courts about who is incarcerated in Kentucky and for what amount of time and for what crimes.  It is good for judges to take a step back and review trends in the county and state to be sure sentences of incarceration are being handled without regard to race, geography, economic status, or other factors.

Annette Karem, Court of Appeals, 4th District, 2nd Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are McKenzie Cantrell and Annette Karem. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Fortunately, no one in my immediate family has ever been incarcerated. However, I have had friends whose children have been victims of addiction and incarcerated for crimes they committed under the influence, or in search of a means to pay for illicit drugs through theft. Additionally, as a Domestic Violence Prosecutor, I worked with victims of crimes who dealt with the consequences of unemployment or housing loss as a result of their abusers crimes and subsequent incarceration. My combined experience in the judicial system gives me a unique understanding of the harsh impact of incarceration, not only on the individual incarcerated but on his or her family, and makes me the most qualified candidate in my race.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

As a District Court Judge I understand that the law requires that every non-citizen defendant understand the consequences of the choices they make when resolving their case. For 16 years as a sitting judge, I have ensured that non-citizen defendants understand the potential consequences of a plea deal and have made sure they have adequate representation for the plea or trial.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Sixteen years ago, during each of our respective judicial campaigns, I had the privilege of becoming friends with Kentucky's first, and only, African American Supreme Court Justice, Justice William McAnulty, Jr. Justice McAnulty first served as District Court Judge but went on to serve at every trial and appellate level of the bench.  He was close friends with my father-in-law, Retired Judge Edmund 'Pete' Karem.  He was both an exemplary jurist and a good friend.  He lived his convictions and issued rulings with fairness and wisdom and for these reasons I admire him and strive to follow his example.  

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Given the nature of the opinion, it is possible there will be litigation in Kentucky dealing with it.  The Code of Judicial Conduct prevents me from commenting on any issue that may come before me.  Accordingly, it is not appropriate for me to discuss any aspects of this case.  

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Every occupation has both good and bad actors whether it is the police, doctors or plumbers and the justice system is designed to address bad actors in any roll. It is especially important for a judge to understand the unique legal issues regarding cases involving the police. The case, Brady v. Maryland holds that the government has a duty to disclose material exculpatory evidence and failure to do so violates the due process rights of a defendant. The Court of Appeals must review all cases brought before it with an understanding of the law and most importantly review the case with an open mind without any bias to either party. 

How can judges support successful community reentry?    

The job of a judge at the Court of Appeals is very different from that of a trial judge in that there is no direct connection with the case and no ability to effect the conditions a defendant would be subjected to for re-entry following incarceration. However, as a sitting District Court Judge I have ordered many forms counseling in the hopes of reducing recidivism and address drug and alcohol addiction. In addition, I order releases for job search and work when it is appropriate to help increase the likelihood a defendant can maintain employment upon release.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

The Rules of Professional Responsibilities and the Judicial Canons mandate the reporting of any attorney or judicial misconduct. I will continue to abide by these ethical responsibilities as expected of any lawyer or judge.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

It is important for a judge to use all the tools available to them to ensure only the most dangerous inmates and those that refuse to return to court are housed in jail. Due to the spread of Covid-19 and staffing issues, the city closed the corrections facility in Louisville that was used to house inmates and also allowed them to participate in out-of-custody counseling and continue to work. This facility was an important option for those inmates that could not participate in home incarceration due to housing issues. I will continue to advocate for the reopening of this facility to give judges more options when considering the bond of a defendant.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

One of the most significant U.S. Supreme Court decisions on criminal justice issues in current times was written by Chief Justice Roberts, Carpenter v. United States.  It deals with important advancements in technology and the privacy rights of citizens and unreasonable searches and seizures.  

Describe any significant pro bono work you have done in your career.    

As a sitting judge I am precluded from practicing law and by extension, pro bono work.  However, I have dedicated my career to service of this community and have sat on many boards over the years including; Domestic Violence Prevention Coordinating Council Domestic Violence Fatality Review Committee Jail Policy Committee Restorative Justice Louisville, Formation Committee (former) National Association of Women Judges, Domestic Violence Committee Louis Brandeis, American Inn of Court (former) Family Scholar House (former Board Member) Saint Agnes Parish Festival Co-chair (former) Habitat For Humanity (former Board Member) Citizen’s Foster Care Review Board (former member)

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

As a District Court Judge I participated in training to understand Disproportionate Minority Contact. I understand the complicated interaction between social issues and minority incarceration. I was a member of the Formation Committee for Restorative Justice Louisville which helped bring Restorative Justice to Jefferson District Juvenile Court. It is through programs like these that we can reduce the numbers of minorities incarcerated. I believe all judges should receive education on these issues and educate themselves on the alternatives to incarceration.

Sara Combs, Court of Appeals, 7th District, 1st Division (Eastern Kentucky)

Only voters in the 7th Appellate District may vote in this race. Sara Combs is running unopposed.

Voters in these counties can vote in the 7th District: Bath, Boyd, Breathitt, Carter, Clay, Elliott, Estill, Fleming, Floyd, Greenup, Harrison, Jackson, Johnson, Knott, Lawrence, Lee, Leslie, Letcher, Lewis, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Robertson, Rowan, Wolfe.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have not experienced the impact of incarceration either personally or with respect to a loved one.  No deprivation of personal liberty could be taken lightly by anyone who has sworn an oath to support the U.S. Constitution.  However, this is not merely a matter of intellect or training.  A judge must have a heart that is tempered by mercy as well as being mindful of the dictates of justice.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

I wrote the original opinion at the Court of Appeals in Padilla v. Kentucky assuring a non-citizen of the right to a new trial when his trial counsel and judge failed to advise him of the deportation consequences inherent in his acceptance of a plea in a criminal case.    My case went to the Supreme Court of the United States and was affirmed, reversing an adverse ruling by the Supreme Court of Kentucky.  Judges must assure that non-citizens understand the consequences of their actions or pleas-- either by direct intervention in the conduct of the case (e.g., providing interpreters) or by engaging in thorough and meaningful Boykin colloquys with the non-citizen defendants.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?  

U. S. Supreme Court: Ruth Bader Ginsberg Kentucky Supreme Court:  Justice Charles Reynolds and my late husband, Bert Combs, who was once a member of the old Court of Appeals, then Kentucky's highest court.   

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Most noteworthy: the overwhelming power of a court decision to have a bombastic impact on people's lives and on social mores--regardless of the side of the issue involved.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Of course, it does. However, this is largely an executive and legislative matter to regulate.  Judges can only implement the laws enacted and cannot, sua sponte, creatively re-write them in the name of policy considerations--regardless of the nature of those goals.  Our role must be one of proper restraint within the confines of our oath of office.  

How can judges support successful community reentry?    

We have much more latitude to effectuate positive change in this regard. Creative efforts to implement programs such as drug court, veterans' court, mental health court, and many concepts yet to be named could provide excellent incentives to defendants to integrate back into the community more successfully.  Many judges throughout the state unselfishly donate countless hours of extra time to ensure the success of such efforts.  They are critically important to promoting rehabilitation and to discouraging recidivism.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Fortunately, I have never been confronted with that painful problem.  I would endeavor to act with mercy, wisdom, and honesty in dealing with such a situation should it arise.  I also note that we are governed by our Canons of Judicial Conduct in such matters as well.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

At present, probation considerations appear to be the only means by which judges can ease this crisis.  Again, this is a situation that calls primarily for executive and/or legislative action.  Additionally, there is always the possibility of a lawsuit that might present this issue to a court in constitutional terms.  But we cannot offer advisory opinions sua sponte or in a vacuum.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Padilla v. Kentucky, 2010.  The U.S. Supreme Court upheld my original opinion vindicating the right of a non-citizen to be fully informed of the consequence of deportation upon his entry of a plea of guilty in a case.  It has altered immigration law dramatically (and necessarily) in this regard throughout the United States.

Describe any significant pro bono work you have done in your career.    

In my private practice before assuming the bench, I provided extensive divorce and domestic services to my clients in a rural area who simply could not afford legal fees to obtain relief.  I also provided criminal assistance to indigent clients.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Lack of the economic opportunity to become part of our society, the disintegration of the family, social instability in life styles due to poverty, and overall hopelessness have caused many to despair, to turn to drugs, and to resort to crime in order to obtain drugs.  We are dealing with as much despair as we are crime.--if not, perhaps, more.  Judges can best address this desperate cycle by sentencing alternatives to the extent that legislative enactments allow them to do so.  I would like to have dialogue created between judges and legislators about providing the judiciary with the requisite discretion to fashion creative programs to avoid incarceration in favor of educational and training programs.

Diane Minnifield, Circuit Judge, 22nd Circuit, 7th Division (Fayette County)

All Fayette County voters can vote in this race. The candidates running for this position are Diane Minnifield and Jeffrey Taylor. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes, while I have never personally been incarcerated, I have had family members who have been, and incarceration not only affects the individual incarcerated but the entire family.  I hoped my family member would be afforded the opportunity to participate in drug court because of the addiction that was the underlying factor leading to criminal activity. I strongly believe in our specialty courts, and know how they can change lives. I will utilize specialty courts, such as drug court, mental health court, and veterans court. I currently run a truancy court in family court and believe that if our young people can receive at least a high school diploma or GED, they will have a greater opportunity for economic success and reduce the likelihood of being involved in criminal activity - as studies have shown a significant amount of criminal activity exist in poor and disadvantaged communities. If we are able to get behind the criminal act to the “why,” we have a greater opportunity to prevent recidivism. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

I believe judges first and foremost must follow the law. I would hope that the charging document clearly reflects the behavior and are not used merely as a means to reach deportation status.  I would hold both counsel for the defendant and the prosecution to a standard of fairness and equitable regardless of citizenship. I have also seen victims of crimes be granted waiver of deportation when they are necessary witnesses to certain actions, and I will make sure this protection is utilized to encourage victims and witnesses to speak out without fear of deportation. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Justice Thurgood Marshall. I believe we all stand on his broad shoulders in his unwavering fight for civil rights and ending segregation.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The legal principle of 'stare decisis' requires a reviewing court to uphold precedents when there is no factual or legal basis to overturn them and this Supreme Court skirted around this long-standing rule of law, and now we have a U.S. Supreme Court decision that can be the basis for future attacks on other Constitutional Rights precedents.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

I was invited to serve on our Mayor’s Commission for Racial Justice and Equality to review and make recommendations to improve our justice system, from police to the courts and corrections.  We as a justice system know that police misconduct must always be addressed, if our criminal justice system is to be just and fair for all.  If the misconduct is criminal then just as any other person who breaks the law, there must be accountability.  No one should be above the law, if we are to have and expect respect and adherence to it in a civilized society. 

How can judges support successful community reentry?    

I think parole and probation terms are a great tool in successful community re-entry. Judges will be able to impact this though our use of probation terms. I think terms should require participation and monitoring of education, job opportunities, and treatment resources.  Also, sometimes a change in environment/community maybe necessary for success. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have not personally had to address a colleague’s misconduct, but I hope I would handle it with some degree of compassion, particularly if the misconduct is the result of some mental health problems or substance addiction.  The Kentucky Bar Association has a hotline and a procedure to report unethical conduct, and they have treatment resources available. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Over-crowding is a major concern for everyone, not just judges. It is a heavy burden on taxpayers and the community.  I believe non-violent and minor offenses should have non-secure detention alternatives.  I have spent a large portion of my career in juvenile court where the main focus is treatment and not punishment. I believe this model could be utilized in dealing with adults in certain situations.  Re-direction and behavior modification which is the mission of our specialty courts, should be used when the act lends itself to such. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Riley v. California, 573 U.S. 373 (2014) applied the 4th Amendment into the digital age and recognized that the police cannot search a cell phone on arrest without a warrant or consent. Cell phones hold our lives these days, and the 4th Amendment right to privacy apply to them. In our pursuit of justice, we should always seek to do it right, and make cases without trampling on an individual’s Constitutional Rights.  Justice can sometimes be a sword, but it is also a shield, and we must all strive for it. 

Describe any significant pro bono work you have done in your career.    

started my legal career at Central Kentucky Legal Services which handled civil cases for low-income clients. I also was a hearing examiner for the LFUCG Human Rights Commission, where I heard claims of discrimination in employment, housing and public accommodations. I have spent 30 years at the County Attorney’s Office, and my pro bono work has been limited to cases that would not create a conflict with my employment.  I have taken uncontested divorces, written wills for seniors, and assisted in some civil foreclosure actions. All were important and impactful for the families involved, and my representation of them allowed me to enhance my community focus. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

We all know there is an over population of Black and Brown people in our jails. Their numbers in our jails far outnumber their representation in our community populations.  I believe a lot of the disproportionality stems from a national waging of a “War on Drugs.”  While I don’t believe only Black and Brown persons possess and use drugs, drugs are seen in greater numbers in poor and disadvantaged communities, thereby leading to some areas being over-policed.  I think it is very positive that we as a Nation are looking at reducing some of the harsh penalties associated with drug cases, and putting resources in neighborhoods to build hope.  I think that community representatives and churches, partnering together with our justice system, can aid in how we address the individual and the community.  This is where representation matters, and community matters in understanding the dynamics. 

Jeffrey Taylor, Circuit Judge, 22nd Circuit, 7th Division (Fayette County)

All Fayette County voters can vote in this race. The candidates running for this position are Diane Minnifield and Jeffrey Taylor. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I am the current sitting judge appointed by Gov. Beshear. A close friend of mine has been incarcerated. He broke the law and admitted his wrongdoing. I was proud of him for taking responsibility. It really has not impacted me as a sitting judge. I currently help defendants who have committed non-violent offenses to get into special programs for help whether it is drug court, mental health court or hearing other specialty courts. Throwing non-violent first time offenders in jail is not the right answer in most circumstances. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

As a current sitting judge, I will follow the law and research the law to make the correct decisions. Safety for the community I serve is paramount to me. Additionally, judges should not delay cases. Defendants have the right to a speedy trial. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I choose Justices Ruth Bader Ginsburg and Antonio Scalia. They were politically opposite but were the best of friends. They did not let politics interfere with their decisions and how they treated one another. They were both scholars but ruled politely and exercised the utmost professional demeanor. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

This is an issue that may come before me so I will not comment on it for judicial ethics reasons. I am the current sitting judge and judges should not comment on matters that may come before them. Americans hold sharply conflicting views on this issue. I will follow the law whatever the law is on the matter and not allow my personal opinions get in the way of that. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

I always believe in transparency. If there are police officers committing bad acts or acts of malfeasance, those issues need to be addressed and the public has the right to know. Courts must follow the law. There are many officers and deputies that serve my courtroom with honor. But, if one of them commits an act of misconduct I will apply and follow the law as written.   

How can judges support successful community reentry?    

Judges can be critical in programs that assist individuals with mental health, physical health, and substance abuse conditions. Judges can help to ensure that individuals are offered job training and placement programs. We can link up these individuals with community based programs and organizations to partner with prisons to help assist incarcerated individuals on where to return once released. We need programs assigned that provide interpersonal skills such as anger management and prioritize mentorship programs. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have as a judge. I called the attorney to the bench and activated the white noise so no one else could hear. I calmly spoke to the attorney to see if there was something going on in her personal life that made her unprepared and overly aggressive. She came to my chambers and we talked over the pressures of litigation and I gave her my advice after listening for an hour. She has done much better. I took the opportunity to mentor her as I was a trial litigator for 23 years. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

As judge I have referred many to specialty courts such as drug court, mental health court, and other similar treatment programs. Violent offenders and defendants accused of rape, sodomy, abuse of the elderly, domestic violence should serve time and be assigned high bonds. But, non-violent offenders with mental health and drug issues need special treatment programs. As judge I typically use these type of diversion programs. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Mapp v. Ohio. Established key 4th amendment rights to individuals. Defendants can only be tried with legally obtained evidence. 

Describe any significant pro bono work you have done in your career.    

I worked for Hospice for many years while I was in practice. I wrote wills and estate plans for those in Hospice Care. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Longer sentencing for minor crimes, lack of adequate housing in our poorer neighborhoods, lack of meaningful resources, lack of mentoring. Judges can work to eliminate prosecutors from seeking draconian sentences for minor offenses. Judges can help get non violent offenders in specialty courts. 

Denotra Gunther, District Judge, 22nd District, 1st Division (Fayette County)

All Fayette County voters can vote in this race. The candidates running for this position are Shannon L. Brooks and Denotra Gunther. Brooks did not respond.

Have you or anyone close to you been incarcerated? If yes, please share the impact and how it would affect your work as a judge. If no, how will you take into consideration the impact of the decision to incarcerate someone without having experience?

Yes, I had a family member incarcerated for a serious offense.  The impact on my work as a judge is the gained perspective that incarceration of an accused, whether rightfully or wrongly so, affects the whole family.  The accused's network of family, friends, and supporters are generally confused and hurt by the situation and adamantly maintains that the accusation of so foreign from the character of the person they know and love.  Judges who understand this are hopefully more compassionate to both sides while still dispensing justice within the bounds of the law.  

Non citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?

Whether non-citizen or not, Judges should ensure defendants have competent counsel.  In cases in which there are added consequences such as deportation, Counsel should understand immigration law or have the basic knowledge to know when to seek additional advice from others who are more versed in the law.  Every person before the Court has inherent rights and Judges have a responsibility and duty to ensure that those rights are protected.  However, it is not the role of a Judge to interfere in the resolution of a case to avoid a certain result as that is the job of the attorneys.  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?

I admire Justice Ketanji Brown Jackson as the first black woman on the U.S. Supreme Court.  Many times people are unable to envision what they can be without having seen it before. Justice Brown Jackson, by her very presence, has inspired a whole generation that all things are possible - not just some things.  Justice Ruth Bader Ginsburg will forever remain one of my most admired as she broke down barriers, even while an undergraduate and law student; and then spent her entire career advocating for gender equality and women's rights.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Womens Health decision resonate most or least with you?

What resonates most with me about this decision is the fact that we now have what looks like a partisan Court justifying the elimination of 50 years settled law regarding a woman's right to make her own health decisions in concert with her doctor.  It is gender discrimination.  And of course, those who are disproportionately impacted have always been subject to systemic barriers, i.e. people of color, poor people, immigrants, and other marginalized communities.  Returning to the people the right to regulate abortion is a fallacy given the political divide in most states.  Where will this slippery slope end?  Will we see a roll back of other breakthroughs in the law such as same sex marriages and rights?      

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?

Police misconduct should be addressed with the same vigor and force as criminal misconduct by civilians.  No one is above the law.  When a member of law enforcement violates a person's civil rights there should be no immunity from prosecution.  Judges should possess the moral, ethical, and internal fortitude to call it out when they see it.  Most importantly, the Court should not and can not appear to be an extension of law enforcement or the public will simply never have any confidence in the system.    

How can judges support successful community re-entry?

Judges are in the unique position of having discretion to order treatment and educational provisions as components in sentences.  The Courts should collaborate and partner with strong corrections and community entities who have developed effective programs to help defendants gain the necessary insight, treatment, counseling, and skill sets to support their productive and legitimate re-entry into society, which reduces recidivism for the defendant and improves public safety in the community.  

Have you as a judge or in your work as an attorney had to address another attorney's misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?

I have not addressed an attorney's misconduct as a Judge or attorney.  However, as an attorney, I did have the displeasure of reporting what I believed to be a colleagues substance abuse issue of a colleague that affected the colleague's work.  I wanted what was best for the colleague and the clients the colleague represented.  Therefore, I used the confidential KYLAP procedures of the Bar Association after receiving assurances that the process would result in help for the colleague and not punishment.    

What role do judges play in helping to relieve the over population in Kentucky's jails? What specific actions could judges take to relieve this over crowding?

Judges can specifically reduce over-population in jails by alternative sentencing, i.e. probation, inpatient treatment, home detention, serving on weeks, and/or a hybrid of alternative sentencing approaches.  

What judicial administrative order or policy do you wish had been put in place during the COVID 19 pandemic?

Judges can alleviate the population stresses on our jails by being more creative with pre-trial releases and alternative sentencing schemes.  I personally do not use incarceration in the jails to house defendants who are suffering from mental illness or substance use issues.  I afford the defendants opportunity to receive appropriate residential treatment, both at the pre-trial and sentencing phases.  In addition, home detention with electronic monitoring for low-level offenders in lieu of jail can also be quite effective.  Many times, the extra conditions that a Judge puts on a defendant out of custody is more restrictive than if the defendant remained in jail.  

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.

Padilla v. Kentucky, 559 U.S. 356 (2010) requires criminal defense attorneys to advise clients about deportation consequences including informing clients of the risk of deportation when the law is unambiguous and deportation will result from a conviction and when the immigration consequences of a conviction are unclear or uncertain and deportation may result from a conviction.  Given the high number of documented and undocumented immigrants in our country, this is crucial to the immigrant facing criminal charges, many of whom were brought here as children or who now have children born in this country where deportation would be devastating not only to the defendant but to the family as well.  It is simply too easy for an overworked public defender to accept the defendant's plea to just resolve the case to get it over with when the defendant has no knowledge of the added risk of deportation resulting from a conviction.  

Describe any significant pro bono work you have done in your career.

As an attorney, I represented women, pro bono, in divorce and child support matters when domestic violence was at issue and/or when the women had been out of the work force for a long period of time and no longer had viable skill sets that would allow for an easy transition to become self-sufficient quickly.  

What do you believe are the causes of the high rates of minority incarceration? And what changes can judges make to reduce these numbers?

I believe that the black and brown population are incarcerated at higher rates and for longer periods of time than whites because of systemic racial biases and poverty, which is supported by the data contained in most studies on the subject.  Therefore, representation matters and we need a more diverse bench to reflect society, especially given that there will be no clear racial or ethnic majority in 20 years.  Further, the workload of public defenders must be reduced so that adequate time and attention can be given to each of their cases.  In addition, Judges must possess the aptitude of self-awareness that discrimination exists and all people, including themselves, have some biases; and that we must be independent and intentional to treat all defendants similarly situated equitably, regardless of what they look like, who they know, or their resources.    

Do you believe that all citizens have adequate access to legal help and the legal system? If not what will you do as a judge to provide wider and better access?

I do not believe that all citizens have adequate access to legal help and the legal system as such most times is restricted due to lack of personal resources, race, culture, language barriers.  As a judge who can not advocate for a litigant, I appoint counsel each and every time that I can to ensure that the litigant has an advocate.  I ensure that pro se clients understand the process and system and suggest outside resources that can assist them.  I require the same level of care and diligence by counsel to the litigants that they represent, regardless of race, gender, age, socio-economic status, alienage, national origin, sexual orientation or identity or religion.  

Annie O'Connell, Circuit Court, 2nd Division (Jefferson County)

All Jefferson County voters can vote in this race. Annie O'Connell is running unopposed.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have had people close to me incarcerated.  Additionally, prior to being elected to Circuit Court in 2018, I represented hundreds of defendants in criminal cases.  I also represented incarcerated parents in family court cases.  Therefore, I have seen how incarceration affects not just the person in custody, but also how it affects an individual’s family and community.  That experience continues to inform sentencing and bond decisions I make as a judge.  As a judge, there are statutory factors I must consider when making a sentencing decision.  Beyond that, it is always one of my goals to prevent recidivism.  My decision to incarcerate or probate an individual is informed by the circumstances of the underlying case and whether alternatives to incarceration are available — especially if mental health or substance use disorder treatment is needed.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Informing non-citizens of the potential immigration consequences specific to their circumstances is the role of that non-citizen’s attorney(s). A judge cannot get involved in negotiations between the defendant and the government and a state court judge does not have any control over deportation proceedings.  However, judges *are* responsible for making sure non-citizens fully understand their rights, including that court proceedings, including a conviction, may have an impact on their immigrations status. Therefore, as a judge, I am careful to make sure lawyers affirm that they have advised their clients.  I have a conversation with the defendant to make sure they understand (with the aid of an interpreter if necessary). I encourage them to ask questions of their lawyer(s), and I afford them all the time they need to gain the information necessary to make informed decisions about their cases.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Ruth Bader Ginsburg

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

This question addresses issues that may come before me in court.  Therefore, in accordance with judicial ethics rules, I decline to comment.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Depending on the type of misconduct, a judge may be involved in addressing police misconduct in a myriad of ways, from suppressing unconstitutionally obtained evidence to presiding over a trial where a law enforcement officer is charged with a crime as a result of that misconduct.   

How can judges support successful community reentry?    

As a judge, I try to support successful community re-entry by fashioning probation conditions that are tailored to an an individual’s needs (mental health, substance use, education, housing, etc.) by asking defendants themselves what services they need in order to be successful. Then, I do what I can to help connect them to those services. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I hold attorneys practicing in my court to a high standard, and I communicate and enforce those expectations.  I follow the Rules of Judicial Conduct regarding reporting lawyers (or fellow judges for that matter), if the rules so require.  If it appears a lawyer may be suffering from mental illness or struggling with alcohol or substance use, I have consulted with the Bar Association’s Lawyer’s Assistance Program (KYLAP).

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges can help relieve jail population by setting fair and reasonable bonds.  For low income individuals, the Court can consider non-financial or low-cost methods of ensuring reappearance in court and compliance with the law, including the use of surety bonds, pretrial monitoring, and home incarceration.  

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

This is only one, and probably not even the most significant, but Arizona v. Gant reinforces the Fourth Amendment’s warrant requirement, curbing government overreach and unnecessary searches and seizures.  

Describe any significant pro bono work you have done in your career.    

Prior to being elected judge, as a lawyer I was devoted to serving people with low- or no income and other marginalized populations within the justice system.  I started my career as a public defender, and, after I went into private practice, I routinely accepted cases for a reduced fee or no fee.   

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Systemic racism contributes to high rates of Black and Brown incarceration.  Judges can reduce these numbers by working to be anti-racist themselves, as well as by advocating within the justice system to change policies that disproportionately affect people of color.

Ebert Haegele, Circuit Court, 4th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Julie Kaelin and Ebert Haegele. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have never been incarcerated.  And for that reason, I can only imagine the fear and helplessness such an experience must cause most. Every day for twelve years, I have made the difficult decision whether to seek incarceration.  I have weighed the consequences of my decision and the impact on the lives of the people involved.  The way I do this without having the direct experience of incarceration is a combined sense of empathy for the individuals involved and responsibility to the community I serve.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges must know the law, they must know the facts of the case before them, and they must know the consequences of the decisions they make. Judges must also seek the right information from the attorneys before them and ensure that information is presented to defendants so that any pleas are knowing and voluntary. That includes how criminal penalties impact an individual’s immigration status.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Justice Brandeis championed the right to privacy, or “to be left alone,” and the sanctity of transparency and public accountability, that “sunlight is the best disinfectant.”  I believe wholeheartedly in both of these principles, and I admire Justice Brandeis immensely for helping bring them into American common law.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The points of law that resonate most are its potential basis for subsequent decisions concerning other personal decisions which have either been recently or long ago established as private and protected under the 14th Amendment.  In that way, the true effect of the decision is not yet know, and will not be known for years to come.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Official misconduct of any kind - including the abuse of office by those placed in positions of public trust - have no place in our criminal justice system.  Our courts play a role in treating everyone fairly and holding them to the same standard under the law.

How can judges support successful community reentry?    

Judges can support community re-entry and help ensure individuals don’t return to jail by setting them up for success, not failure.  The conditions judges set are too often set on monitoring rather than modifying the behavior that landed the person in jail.  When appropriate, the conditions of an individual’s release – conditions based in treatment, accountability, and responsibility -  should be set up in a way that increase the likelihood the person re-enters our community and becomes a  productive, law-biding members of it.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

The rules regarding attorney conduct and misconduct are in place to ensure the rights of litigants are advocated for and protected, and so that the public’s trust and respect for the judiciary and the legal profession is maintained at a high level.  Attorneys who violate the rules should be held accountable.  I have encountered instances in court where it was my believe a fellow attorney was impaired during a hearing.  I asked for a bench conference with the judge and my fellow counsel and expressed my concerns.  It was not the easy thing to do, but it was the right thing to do, because the rights of that attorney’s client were at stake.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

A judge's role is to consider any and all appropriate alternatives to incarceration.  To solve issues of over-incarceration, Jefferson County needs judges who will consider those alternatives and make the decisions they are tasked with making in service to, and in protection of, all members of our community.  Our judges must consider all options at their disposal under the law – not just one and not just those options which fit or serve a certain narrative or philosophy.  In making these important decisions, judges must be cognizant of the person involved, of all the ways they will be impacted by incarceration, and of what the judge can do to ensure he/she is not simply furthering a troubling trend.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Batson v. Commonwealth of Kentucky is slightly older than 30-years-old now; but it is still having an impact on how Kentucky and all states ensure criminal defendants receive a fair trial. Batson exposed how racial bias – both implicit and explicit – permeated our criminal justice system.  And the requirements it put in place, including those that seek to eliminate the common pretext for excluding minorities from juries, have stood the test of time.

Describe any significant pro bono work you have done in your career.    

As a prosecutor, my job doesn’t often allow me to engage in pro bono work as much as I would like to.  However, my wife worked at LegalAid, and in my 12 years in the courthouse, I know first-hand the importance of LegalAid’s work and their dependence on lawyers to give their time and efforts freely to those in need.   Service to any such agency is a public service, and I encourage all attorneys to give as freely of their time and talents as they can.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

In the past, we have been too quick to incarcerate.  This is true of minorities, but it is also true generally.  Primarily, judges play the important role of ensuring the law is applied fairly and without bias.  And judges can consider not just alternatives to incarceration provided under current law, but also seek out the root causes of crime and attack this social problem at its source. I am a part of these efforts in Louisville.  I helped initiate Veterans Treatment Court and I’ve been a part of the Heroine Rocket Docket and other specialty courts which treat addiction as the mental and health condition that it is and seek life-changing treatment and other opportunities for those who would have otherwise been locked up.  We must continue and we must expand these efforts in Louisville.

Julie Kaelin, Circuit Court, 4th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Julie Kaelin and Ebert Haegele. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes. When I was a teenager, someone very close to me was incarcerated and I would visit them regularly. As an adult, I have loved many people who became incarcerated or who are currently incarcerated. I regularly correspond with several former clients who have become more like family. I see how they are treated -- and not treated. When we incarcerate someone, we are also taking responsibility for them, and yet, we see time and again that the system only locks them away with no focus on rehabilitation or later success, even though nearly all of these people will eventually be released. This affects my work as a judge in multiple ways. First and foremost, I see each and every person as worthy of dignity (and in most cases, redemption), and I am cognizant of how incarceration impacts the mental health of not only the incarcerated person but also their friends, family, and other loved ones. Additionally, I am very aware of how our incarcerated population is treated both in custody and once released. While in custody, incarcerated people are given very few choices and even less agency. We do very poorly in equipping them for a successful return to free society, and we all pay a price for that inaction. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges have a duty to ensure that any person who is facing a conviction for a criminal offense understands the potential ramifications of that conviction, and the United States Supreme Court has made it clear that this includes ramifications related to immigration consequences. As someone who worked as an attorney representing those facing potential deportation, I have had experience with this issue firsthand. Ideally, a person will not plead guilty or go to trial for a deportation-eligible offense without first seeking the advice of an experienced immigration lawyer. It is crucial that people know that they should do this, and so one thing I do as a judge is discuss this on the record and provide an opportunity for doing so. A judge should not accept a guilty plea or allow a defendant to go to trial without having been given the opportunity to be fully advised about any potential ramifications. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Thurgood Marshall. It is incredibly rare to see civil rights attorneys ascend to the highest Court in the land, and much more so when that attorney is a black man in 1967. I appreciate his robust protection of the First Amendment, his broad reading of Constitutional protections, and above all, his commitment to doing everything in his power to make the country a more just and free place for all. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Because I am a sitting Judge and this is an issue that could come before me, I believe I have a duty to decline to answer in accordance with the Kentucky Code of Judicial Conduct. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Yes, I 100% believe that police misconduct needs to be addressed. As a criminal defense attorney, I saw rampant misconduct committed against my clients, and I never once saw an officer disciplined for it. I even reported a few officers myself. This involved signing a notarized affidavit of my complaint and providing interviews and witnesses. In one instance, an officer actually poked me in the chest in the courthouse in a fit of rage. The 'investigation' went on for roughly a year, even though all relevant witnesses were interviewed within a month or so of my complaint. I kept asking for updates and not getting any. Finally, about a year after I last heard anything, I received a letter saying the case had been closed with no action taken. It was closed just days after the officer retired. They had kept it pending because they knew that once he retired, they could close it out without doing anything to him. This is the kind of conduct I came to expect from LMPD.  Fortunately, things have gotten much better. Unfortunately, we still have an incredibly long way to go. True civilian review would be a great starting point. The role the Courts have in this, of course, is to address it when they see it, document it, report it, and take any action necessary to try and right the wrongs committed. I am absolutely committed to doing this and see it as an integral part of the job.  

How can judges support successful community reentry?    

One thing judges do not do enough of in my opinion is advocate for change within the legislative bodies that are responsible for most of these decisions. Judges can and should show up and fight for better funding for all justice partners, and demand that it be focused on real recidivism reduction. The lock-them-away approach has proved incredibly unsuccessful. Additionally, judges can review a person's history and see if they have spent much of their life incarcerated. If they have, it is worth undertaking an inquiry as to how, if at all, they have been supported in the past, and investigate who we can connect them with to try and make this time more successful. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have had to address attorney misconduct many times over my nearly 20 years experience as an attorney and judge. The appropriate response is to document the misconduct, report it, and provide any assistance necessary to the investigative body. But to go even further, I believe judges have a duty to step in when an attorney is committing misconduct that negatively affects their clients. The people they represent often have no idea that they are receiving inadequate or harmful counsel, and it is the court's job to ensure that they do not suffer because of their attorney's mistakes. This might include a private conversation with all parties and counsel, or could even be cause for removal. We need judges who are able to spot when an attorney is not offering proper representation. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

As many people know, I am a huge advocate for bail reform and the elimination of cash bail. People who are not dangerous should not be kept in jail. And people who are truly dangerous should be kept in jail regardless of how much money they have.  We over-use our jails in an egregious fashion. No one should ever be in jail only because they cannot afford a cash bond, yet this is the reality of most of our incarcerated people. But there are still things judges can do even though we are stuck in a cash bail system. One thing I have done that has made a direct impact on the jail population is using surety bonds. Essentially, a surety bond requires a third party to swear that if the incarcerated person does not come back to court, that third party will be on the hook for money due (rather than requiring them to post money upfront). In the year after I took the bench, the number of surety bonds issued in Louisville increased by 33%. In the year after that, other District judges use of them increased by 300%! This reduced the jail population and meant fewer people lost their jobs, their homes, etc. What's more, though, is that people came back to court. The reappearance rate was virtually unchanged. We must get away from relying on cash bail if we ever hope to have a fair and just system.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

This is an incredibly difficult question to answer, for several reasons. For me, some of the most important decisions on criminal justice issues are older than 30 years: Brady v. Maryland, Miranda v. Arizona, Terry v. Ohio... all were incredibly important decisions upon which we still rely and which strengthened a person's constitutional rights. If I had to list one case from the last 30 years relating to criminal justice it would likely be Arizona v. Gant. In that case the Supreme Court limited the circumstances under which police may search a vehicle after arresting its occupant(s). As a defense attorney, I spent years prior to this decision fighting for the premise that if a person is arrested for something unrelated to the vehicle they are in, the whole vehicle should not be searched. This decision solidified that police may not search an entire vehicle when arresting someone for an unrelated offense where they have no reason to fear that the person may use something in the vehicle to endanger them. Any decision that strengthens a person's constitutional rights is important to me. 

Describe any significant pro bono work you have done in your career.    

Prior to becoming a Judge, I spent much of my time committed to public service. I was a Public Defender for nearly five years, working for people accused of crimes who had incredibly limited resources. When I left the Public Defender and started my own practice, it was important to me to continue public service, so I began taking cases for indigent defendants in Louisville state and federal courts and in other counties. I fought for passage of expungement laws that would enable more people to clear their records. And when that law passed, I started my own free felony expungement program with my law partner, Karen Faulkner. I also worked with the Louisville Bar Association to create a program to teach other attorneys how to do expungements in exchange for them agreeing to do them for free. All told, I was responsible for expunging the records of hundreds of people. I am incredibly proud of this work, and the expungement guidebook I created and authored is still used by lawyers to this day. Additionally, I have spent a lot of time training attorneys on how to advocate for their clients. I taught at the world-renowned National Criminal Defense College, a two-week trial lawyer training program, and have always volunteered to teach new lawyers from the Legal Aid Society. I also taught Trial Practice at the UL Law School for two years. Pro bono work is essential to a compassionate, respectable bar. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Black and Brown communities are over-policed. Data proves this. It is absolutely crucial that we maintain better data in the courts, which I have pushed very hard for in my 20 years in the legal system. Judges are in a unique position to notice when Black and Brown people are being treated differently. But without hard data to back it up, they cannot prove it or convince stakeholders in the justice system that it is a huge problem. We must track and use data about how we treat people. When people walk into a courtroom in Kentucky, they are likely to appear in front of a white judge, and, in many instances, be surrounded by white lawyers, bailiffs, and court personnel. We must correct this to help ensure we are not being ignorant of disparities. We must also dedicate ourselves to having more diverse juries by using follow-up letters and expanding the sources from which we pull jurors. And we must tackle implicit bias. For the past four years, I have pushed for jurors to be shown a short but effective video about implicit bias that has been used in other jurisdictions, and I will continue to do so. In the last two years, I have seen positive changes in the justice system that I never thought I would see in my lifetime. It is so encouraging. We must build on this momentum. We have the chance to create a whole new bench this year and I hope Louisville does. 

Tracy Davis, Circuit Court, 5th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Tracy Evette Davis and Mary Shaw. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?

Incarceration is difficult on anyone involved. It’s scary and probably a new and different experience for anyone who Finds themselves in jail. As a practitioner I am in and out of jails throughout the state of Kentucky often. People have families, responsibilities, and jobs. It costs tax payers upward of $250 a day per person incarcerated in Jefferson County. Many persons in jail are there more often than not due to their inability to pay rather than them being a grave danger to the community. The decision to incarcerate someone pending the outcome of their case being adjudicated is one that required weighing the risk of danger to the community, the risk of them not showing up to court, and the seriousness of the alleged offense. There is a system which weighs those things so when the decision is made whether to release, release with conditions, or set a bond for a judge to be fully informed and to make a well informed decision while following the law and keeping the community safe.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?

It’s difficult to say what a judge in circuit court can do because immigration is a federal case and circuit court judges do not have jurisdiction to decide who is deported and who is not. However, what can be done is to give those persons charges their right to a speedy trial and an efficient process.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?

I would have to say obviously Justice Ruth Brader Ginsberg, but also Justice Antonin Scalia. Although I did not always agree with Justice Scalia’s judicial philosophy I did and do respect his thoroughness, and great writing skills. He balanced out the court and kept RBG sharp. In addition anyone who is best friends of RBG has to have some great qualities. Justice Ginsberg was an amazing jurist who believed in fairness and equity for all. She was a visionary and used her intelligence and judicial seats to make equity possible for millions of people throughout the United States. I will always look up to her and hope to be half the jurist she has evidenced herself to be.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Womens Health decision resonate most or least with you?

Unfortunately as a judicial candidate I am unable to answer that question as the issue may come before me and I’d have to recuse.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?

Absolutely I do. I don’t believe that anyone is above the law including me. There are many avenues that judges have to address police misconduct. For instance if you are of the belief or there are allegations that  an officer falsified information whether in a search warrant request or on the witness stand a judge had the power of contempt. They can call that officer into court and have a hearing on the very issue. Unfortunately we don’t see that being done and we see some passing the buck to other courts although they themselves still have jurisdiction of the very issue. It’s about accountability. When people are help accountable and know there is recourse for their actions you see those wrongs corrected very quickly. 

How can judges support successful community re-entry?

There are many resources in the community to help those needing re-entry. Judge can get out in the community to make sure they are aware of these resources and if they can be utilized in cases before their court. 

Have you as a judge or in your work as an attorney had to address another attorney's misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?

I have never had to address misconduct but I have had attorney friend suffering from mental health and substance abuse issues. You handle them with care. Talk with them and when necessary report it so they can get the help they need especially if you are witnesses ethical issues and persons being harmed because of their conduct. 

What role do judges play in helping to relieve the over population in Kentucky's jails? What specific actions could judges take to relieve this over crowding?

As discussed in my answer above jail is not to punish it’s to assure the community is safe and that litigants show up for court during the litigation process. I will weigh out the risk of danger to the community, their likeliness to return to court, the gravity of their offenses, and their past criminal record along with the seriousness of the alleged crime before the court. Many are incarcerated for petty crimes and offenses who can’t afford the bond set. I believe this is an unnecessary cost to tax payers as well as overburdens our department of corrections and has a negative impact of the person incarcerated and their families. If someone can be out, productive, and come to court and not be a risk to the community they should be out going to work etc even if that is with strict conditions.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.

Rodriguez v. US was in my opinion one of the most significant decisions on criminal justice. In this case Justice Ginsberg details out that it was unconstitutional for a man to be detained for 29 minutes when he refused to allow a drug dog to sniff his car on a routine traffic stop.  What she said was basically the use of the drug detection dog was related to an effort to detect evidence of criminal wrongdoing and was not related to the purpose of the traffic stop, i.e., to insure public safety on the highways. This search was held to not be reasonable in that it is not ordinary procedure or customary to do a criminal investigation or drug search for a simple traffic violation. This a major decision in insuring the constitutional rights against illegal searches and seizures are upheld by all in the US.   

Describe any significant pro bono work you have done in your career.

I have done tons of pro bono work over my career. From expungement clinics, wills clinics, and divorce clinics to representing hundreds of protestors during the civil unrest charged. I believe in access. I represent clients on a reduced fee scale if it’s needed and I also mediate cases in family court on a sliding fee scale or even at times free of charge. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I believe it’s unconscious bias, systemic racism, and prejudice. Judges can be fair. They can keep track and data on their own regarding amount of bond set, rate of revocation of probation, rate of granting probation and or shock probation, the amount of time they sentence people and compare that to age, ethnicity, race, gender etc. If they see unbalance then they should work to figure out if the cause is justifiable based on facts and the seriousness of the crime, repeat  offenses etc or if it’s a bias. If it’s a bias then training and work needs to be done to change it. 

Mary Shaw, Circuit Court, 5th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Tracy Evette Davis and Mary Shaw. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have never been arrested or incarcerated.  However, by being a circuit court judge for nearly 16 years, I am aware of and take into consideration the hardship in causes not only to the individual incarcerated but to that individual's family.  I have never taken incarceration lightly and never will.

Immigration: Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

As a judge, I first make sure to provide any non-citizen an interpreter, if necessary, so the proceedings are understood.  I also make sure that any non-citizen has been made aware of the immigration consequences of pleading guilty by his/her defense attorney.  

Supreme Court Judge: What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I admire them all.  Getting to be a justice on the U.S. or the Kentucky Supreme Court is a remarkable achievement for any attorney.

Dobbs Decision: What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

As a sitting judge, I am not allowed to comment on a case where the issues therein might someday appear before me.  

Police Misconduct: Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

No type of police misconduct is ever acceptable, and it should not be tolerated.  If a judge becomes aware of such misconduct, the judge has a duty to report it.

Community reentry: How can judges support successful community reentry?    

As a judge, if I place someone on probation, I make sure that person is assessed for any type of mental health or substance use treatment needed to succeed on probation.  If the person is not a high school graduate, I make sure the person obtains a GED if at all possible.  I recommend vocational training, and  I also support expungement requests so that a person's criminal history does not prevent he/she from seeking employment opportunities.

Attorney misconduct: Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Being a judge, I am required to immediately report any attorney misconduct to the Kentucky Bar Association, who then handles the matter.

Overcrowding of jails: What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges are the one who set bond amounts and make bond decisions.  I am aware of the overcrowding situation and try to set the least restrictive bond appropriate for a given situation, whether that be releasing the person without bond, placing the person on home incarceration, placing the person on conditional monitoring, placing the person in a treatment facility, or setting a property bond or a full cash bond.  

Criminal justice SC decision: Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Even though it is more than 30 years old, the case of Miranda v. Arizona (1966) is a landmark case holding that a person in custody must be informed by police, before any custodial interrogation, of certain rights including the 5th Amendment right against self-incrimination (the right to remain silent)  and the Sixth Amendment right to an attorney.  The case forever changed law enforcement  practices toward suspects for the better.  

Pro bono work: Describe any significant pro bono work you have done in your career.    

My entire career has been in public service working for the state of Kentucky, as a circuit court staff attorney, district court trial commissioner and now as a judge. For the last 15 years, I have volunteered to be a Drug Court judge to help people with addiction issues.

Disproportionate incarceration of people of color: What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

This question is difficult to answer because there is no one cause.  It is a combination of a lot of things over time. However, poverty and a lack of resources definitely play a part.  A judge must treat everyone that comes into court with fairness and without bias, regardless of their race, ethnicity, gender, or sexual orientation.   

Melissa Logan Bellows, Circuit Court, 7th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Melissa Logan Bellows and Theodore "Ted" Shouse. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I don't have a close person that has been incarcerated.  However, I have had experience with incarcerated individuals in my past experience and know the gravity and impact it bears on the individual.  While I was at Bellarmine, I was fortunate enough to take a class with prisoners at the Kentucky State Reformatory in LaGrange, Kentucky.  I saw firsthand how these inmates were affected by the incarceration- the loss of loved ones, poor health, substandard living conditions, etc.  However, the inmates I sat next to in class were not letting their present situation/surroundings bring them to a lower point.  They were educating themselves, reading up on all current events, reading about history, etc. Essentially, I was able to see that despite the confinement and loss of freedom, the inmates I learned alongside were the lucky ones who chose to better themselves and take advantage of the limited resources afforded to them in prison.  

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges are afforded discretion in many areas of practice, although they are constrained to follow the applicable law(s).  This can enable a Judge to resolve cases in a particular manner to avoid a truly negative outcome on the inmate. Tearing a person away from their family and home is a grave and serious consequence that Judge's have to decide in certain cases.  A Judge must weigh the consequences against the crime(s) a person is convicted of.  In making this Judgment, one must look at the entire background of the individual.  A Judge should always be cognizant of the current disproportionate immigration consequences of sentencing.  Nonetheless, Judge's have a duty to keep our society safe and that must always weigh substantially in any decision.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I have always been inspired by Justice Ruth Bader Ginsburg.  She broke the barriers of being a woman in a man's profession.  Even from the time she was in law school, she was barred from using the law library but still graduated with honors!  After a tremendously successful career as a Law professor and researcher who championed women's rights.  Through her tireless work for the civil rights movement, she became an icon for the marginalized ones of our society.  

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

First and foremost, the decision was shocking to me as the overturning of a legal precedence decades old left me gobsmacked.  I feel that the political nature of the case limits my response here pursuant to the rules Judicial candidates must follow. However I will add that the Court's interpretation of the Due Process Clause of the Fourteenth Amendment was both shocking and clearly disapproved of by a majority of Americans. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Unfortunately there has been considerable negative attention brought to our police in Louisville recently.  The police leadership have made assertions that they will be more conscious of racial profiling and the like.  However, recent data shows that 50% of the searches in Louisville are of Black residents; while they only comprise 20% of Louisville's population of adults.  There is a great disparity here.  Nonetheless, police are indeed working hard every day to keep our streets safe, and I commend them for that.  The role of courts here in addressing this issue lies in direct communication with the leaders of our Louisville Police. Courts work alongside police to ensure that we keep our streets safe and ensure that every accused individual is afforded their due process.  If police misconduct is apparent to the Court, then the Judge is obligated to report this in accordance with the relevant rules/laws in place. 

How can judges support successful community reentry?    

There are several resources afforded to those who are re-entering society after being incarcerated. Judges can volunteer with these programs and illustrate that they actually do care about the outcome of these individuals. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Fortunately I have never had to address another attorney's misconduct during my career. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

The over-crowding of our jails is a serious issue facing our city.  The health and well-being of both the inmates and staff is a real concern today. We can alleviate this by prioritizing who goes to jail and who goes to alternative placements.  I believe that mental health issues and drug abuse are more medical issues than criminal ones. Judges need to continue to take advantage of these resources and send the violent offenders to jail.  We must ensure that those individuals who pose a violent threat to our society are off our streets.  With the overcrowding of the jail, it is essential that Judges direct those accused non-violent offenders to alternative arrangements, such as home incarceration, drug treatment programs, mental health facilities, etc. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Caniglia v. Strom, 593 U.S. __ (May 17, 2021) is an interesting and enlightening case involving 4th amendment issues. The case held that the community caretaking doctrine does not authorize the warrantless entry into a home.  In this particular case, the wife gave permission to enter the house but the husband refused it.  The wife worried that the husband was suicidal and there was a gun in the house.  Without a warrant, the police entered and searched the home.  The U.S. Supreme Court ruled that the police had conducted an illegal search and seizure and violated the 4th amendment. This case speaks to me because of the tragedy of Breonna Taylor's death. Although 'no knock' warrants were legal at the time and the police had a warrant, I see some similarities in the cases.  In Caniglia, the Court recognized a home owner's right against illegal search and seizure, which is a fundamental part of our criminal justice system. 

Describe any significant pro bono work you have done in your career.    

Early in my legal career, I had the opportunity to help 1st responders with their wills.  We wrote simple wills for the firefighters, police, emergency responders and others who serve the community.  It was very rewarding to see the impact we had on the first responders and their families. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

The systemic racism ingrained in our society is a major issue contributing to the high rates of Black and Brown incarceration today. Many of these individuals come from a poor socio-economic background and are essentially barred from generational wealth.  This situation can contribute to those individuals being incarcerated at higher rates than whites. Judges must be conscious of this incarceration disparity and take this into account when making rulings and decisions.  

Theodore "Ted" Shouse, Circuit Court, 7th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Melissa Logan Bellows and Theodore "Ted" Shouse. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

While I have never been incarcerated, I have represented hundreds of incarcerated people over the past 23 years. I have grown close to many clients while working as a public defender, in private practice and for the Kentucky Innocence Project. I have witnessed the trauma of unnecessary incarceration. These experiences will inform my decision making process. Incarceration is the bluntest tool in a judge's toolbox and should be reserved for those people who have been proven in court to be deserving of this punishment. Pre-trial incarceration - being jailed before a finding of guilt - should be reserved only for those who pose a danger to our community.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

United States Supreme Court case law is clear. It is the responsibility of the judge to ensure that a criminal defendant understands the immigration consequences of being convicted of certain crimes. I will go slow and discuss in detail the possible immigration consequences of any action in a criminal case. I will ensure that the defendant's lawyer has fully explained the immigration consequences to the defendant. Having represented many immigrant clients in criminal cases over the years, I how understand how important this is.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I greatly admire United States Supreme Court Justice Sonia Sotomayor. She has spoken eloquently about the importance of the particular lens an individual judge brings to the job of judging; the importance of the background and experience of a judge in evaluating cases.  She is a clear and concise writer. She understands the interplay of the law and the lived experience of those the law impacts. And, she has a wicked sense of humor. Justice Sotomayor was also a trial lawyer before becoming a judge. She has stood before a jury and asked them to do, or not do, something based on the strength of the case she has presented. I respect that. She also seems to me to be someone who takes the long view - today's defeats may be next year's victories. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

While it is inappropriate for a judicial candidate to express their opinions on matters that may come before them as judges, I will say this: I thought the dissent was well written.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Any police misconduct is a serious violation of the public trust. Everyone has a role in addressing it. Judges have a unique responsibility to respond to police misconduct. Where judges become aware of misconduct either inside the courtroom or outside it, they should report it to the proper authorities immediately. When that misconduct occurs in the courtroom,. such as in the case of perjured testimony, a hearing should immediately be held. If the perjury is proven, the full weight of the court's contempt power should be brought to bear. Any instances of misconduct that go unanswered erode faith in the criminal legal system as a whole. Judges are gatekeepers of truth in court; this is one of the most important jobs a judge has.

How can judges support successful community reentry?    

The transition from prison or jail back into the community is difficult and perilous. Judges must understand the stresses on people re-entering the community. Judges decide whether probationers are sent to prison for violations of their probation. Not all violations are equal. Many people re-entering the community lack job skills, education, and community support, and offer from a host of mental illnesses. Individual judges have a responsibility to understand the stressors when judging people who come before them. Judges should be intimately familiar with options other than incarceration and be prepared to use them. I plan on starting a second mental health court in Jefferson County as soon as I take office to avoid incarcerating mentally ill defendants in the first place.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

From time to time I have suspected that an opponent in court has violated a rule in an attempt to gain an unfair advantage. When I have faced this situation I have immediately brought my concerns to the judge's attention. In every case, the judge dealt with the infraction appropriately. Far more common for me has been representing clients who are in prison and whose prior lawyers did not defend the case with the diligence it required. In those cases I have been open and clear in my beliefs about what the earlier lawyer did wrong. I have brought all my concerns to the judge who handled the case and have had hearings to determine exactly what happened. These experiences will inform me as a judge - I will never allow any suspected lawyer misconduct to go uninvestigated.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Bail reform is needed to help relieve the overcrowding of Kentucky's jails. As the pro bono lawyer for The Bail Project since it came to Jefferson County, I know there are tools in place now that judges can use to lower the number of incarcerated people. The use of unsecured bonds (release without posting cash), using the Day Reporting Center and the Court Monitoring Center, are convenient, non-financial tools to keep tabs on people on pre-trial release. Using cash as the sole determinant of who gets out of jail is unfair. Wealthy people get out of jail and economically disadvantaged people state in jail. This is not fair. Until meaningful bail reform can be accomplished, judges have a responsibility to incarcerate only those people who are a danger to the community. The tools are there, judges must use them.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Kyles v. Whitley (1995) is a case where the Supreme Court reaffirmed and explicitly delineated the duty of prosecutors to turn over to the defense any and all information and evidence that could be 'helpful' to the defendant. The case makes it clear that the Constitution requires that the government disclose to the defense evidence that may indicate that the defendant is innocent. A criminal prosecution is no place for gamesmanship - Kyles v. Whitley gives that idea teeth.

Describe any significant pro bono work you have done in your career.    

In 2020, in the wake of the police killing of Breonna Taylor, I and another lawyer organized a group of over 100 volunteer lawyers to represent arrested racial justice protesters for free. To date our volunteer lawyers have represented about 600 arrested protesters. Most of the those cases have been dismissed. I have tried one protester case and the prosecution dismissed the charges on the second day of trial. I have another case set for trial the day before this election where I will represent four protesters who were arrested at a peaceful demonstration. I considered it my duty as a lawyer to step up and help and I look forward to continuing this effort until all the cases are resolved.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Individual judges must be aware that, systemically, Black and brown people are disproportionately charged with crimes and sentenced to longer terms in prison than white people. Systemic racial inequality is pervasive in our society. The courts are not immune. Indeed, the structure of the courts exacerbates this problem. By keeping these facts always in mind and addressing these very real inequalities on an individual case basis, systemic change can be accomplished one judge at a time. 

Sarah Clay, Circuit Court, 9th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Sarah Clay and Nichole Taylor Compton. Compton did not respond.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have never been incarcerated, but several people I am close to have been, including family members and non-family members. I have also spent my career representing incarcerated individuals, both as a public defender and then in my private practice. The impact of incarceration on a person's life - including the affect it has on their mental health, their children, their job, and their ability to pay their bills, cannot be understated. I think it can be easy for those who have never been involved in the justice system, or have never seen the effects that incarceration has on individuals, to not think of defendants as human beings. Because I know the effect that jail has on a person, I will be able to be more thoughtful in my decisions. I will of course make those decisions based on the law. But I will do so while also keeping in mind that everyone who appears before me is a human being deserving of dignity and respect.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges have to make sure that all defendants are aware of and understand the potential consequences of a conviction, including the risk of deportation. That obligation is especially important in the context of plea agreements.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Hopefully this doesn't sound cliche, but I have to say Ruth Bader Ginsburg. She was such a trailblazer for women in the legal field. I keep a picture of her hung on my office wall with her quote, 'If you're going to change things, you have to be with the people who hold the levers.' That's why I'm running for judge - because I want to change things in the justice system, and I want to have a broader impact than I've been able to have as a practicing attorney. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Because the Dobbs opinion addresses an issue currently pending in Jefferson Circuit Court, I cannot ethically comment on it. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

The abuse of power by anyone in a position of authority is conduct that needs to be addressed. Judges don't make the law and don't determine what cases are prosecuted. However, judges have an obligation to make sure that every defendant is treated fairly and equally under the law for a given criminal offense, regardless of the defendant's status as an officer or non-officer.

How can judges support successful community reentry?    

Defendants are often not aware of the various community resources that exist to assist them in re-entry. Judges can give that information to defendants. Our specialty courts, like Drug Court and Mental Health Court, are also programs that provide those resources to defendants. Those programs provide services that enable participants to become self-sufficient and address the issues that brought them into the justice system. During my career, I served as the public defender for Jefferson County's first Misdemeanor Drug Court, which I helped launch in 2015. In 2018, I served on the planning committee to launch the Family Recovery Court, and have worked extensively in Mental Health Court. Louisville has one of the few mental health courts in the state of Kentucky, and it's a wonderful program. I believe we need more of those specialty courts to make room for the large amount of criminal defendants that have substance abuse issues and are mentally and intellectually disabled. Unfortunately, adding more of those courts takes a significant amount of money, but my goal would be to advocate the Administrative Office of the Courts for the creation of more specialty courts, and secure the funds to do so. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Unfortunately I have dealt with attorney misconduct several times in my career. In each of those cases, I reported the issue to the Court and requested relief on behalf of my client. Although I prefer to have a collegial relationship with my colleagues, I've never chosen friendship over ethics. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges set bonds in criminal cases, and are thus in the position of deciding which defendants go to jail and which go home. Those bond decisions directly impact the population at the jail, which affects the safety of everyone at the jail. It is imperative that those bond rulings are made thoughtfully, while taking into account all of the relevant factors involved in a given case. Dangerous people should be in jail to protect the community, but we can't jail people just because we're mad at them. And no one should stay in jail solely because they cannot afford the cost of their freedom. I believe strongly in the need for bail reform, but judges don't make the law. However, we already have several tools that can alleviate the strain cash bail places on those who cannot afford to pay to get out of jail - tools that should be used more often in non-violent and drug offense cases. Those include pretrial monitoring, home incarceration, bail credit, unsecured bonds, surety bonds, etc. I also believe judges should be more cautious about issuing bench warrants for missed court dates, rather than automatically issuing a warrant the first time a court date is missed. Defendants miss court for a myriad of reasons, and studies have shown that simply setting an additional court date and sending a reminder letter is usually all that is needed to ensure appearance. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Crawford v. Washington is a 2003 landmark decision regarding the Confrontation Clause. In it, the Supreme Court held that the admission of testimonial statements by witnesses who are not subject to cross-examination is prohibited by the Confrontation Clause of the Sixth Amendment. It's important in criminal cases because it ensures that the jury doesn't hear such inherently unreliable evidence.

Describe any significant pro bono work you have done in your career.    

I have represented countless criminal defendants and civil plaintiffs pro bono, but it's tough to say if any are more significant than the other. My pro bono work has included trial court level representation and appellate work, including a published Court of Appeals decision in a pro bono civil case.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Those of us who regularly practice in the criminal system know that systemic racism affects every stage of proceedings. The only way we can successfully work toward Equal Justice is by recognizing those prejudices, calling attention to them, and making a conscious effort every day to overcome them. Judges also have to recognize their own implicit biases, and be mindful of those when evaluating the circumstances of a given case and making decisions.

Dorislee Gilbert, Circuit Court, 10th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Dorislee Gilbert and Patricia "Tish" Morris. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

My cousin was recently released from a prison term. His original sentence seemed excessive for the crime with which he was charged. I was also surprised when he was denied parole. His mother is quite ill, and I witnessed her fear that she would die without seeing her son again. I saw his sister’s heartache when she put together useful information for the parole board that seemed to be disregarded. This experience within my own family increases my empathy toward family members of incarcerated persons. It reinforces my commitment to thoughtful, proportionate sentencing. I also recently had the very humbling and emotional opportunity to meet Edwin Chandler, a man who was exonerated after spending many years in prison. I had been involved in work related to Mr. Chandler’s release when I was at the Commonwealth Attorney’s Office. That work and my meeting with Mr. Chandler will forever serve as reminders to me of the possibility of wrongful incarceration and the impact that it has on people’s lives, and I will strive always to avoid that outcome.  

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges must ensure prior to accepting guilty plea agreements that the defendant has received effective assistance of counsel with regard to the immigration consequences of the plea, as described in Padilla v. Kentucky, 559 U.S. 356 (Ky. 2010), and in later cases interpreting and applying it. Generally, this will require questioning of the defendant and his attorney regarding whether they have discussed the immigration consequences of the plea, whether the defendant understands them, and whether the defendant accepts that the plea agreement will not be set aside because of later-imposed immigration consequences. Alternatively, it should be reiterated to the defendant that he or she may opt for a trial, which may carry the same immigration consequences if there is a conviction, but may also present the opportunity for no immigration consequences or lesser immigration consequences if there is an acquittal or lesser conviction. Judges must be willing to allow additional time for further discussion between defendants and their attorneys for these issues, as needed, or time for consultation with immigration attorneys, if desired. Importantly, judges do not set immigration policy or law. They also do not elect which crimes a person will be charged with. Thus, their role is largely limited to ensuring that a defendant has made a knowing, voluntary, and intelligent choice when the defendant opts to resolve a case in a way that will have immigration consequences.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I worked for Justice James Keller of the Kentucky Supreme Court very soon after I got out of law school. He was a hard-working man from eastern Kentucky and reminded me of my grandfather and father. But unlike my grandfather, who did not graduate high school and told me he thought college would be a waste for me, and my father, who graduated high school but did not attend college, Justice Keller had gone on to get higher education including a law degree. He had stepped out of the constraint that eastern Kentucky could sometimes be. And he had stepped out big—being a circuit judge and eventually a Kentucky Supreme Court Justice. Still, he was humble and never forgot his roots. That was important to me and inspired me to reach further than I ever thought possible when I was growing up in eastern Kentucky and to do so without forgetting where I come from.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?  

I would not describe the decision as resonating with me. However, the Court’s description of Roe v. Wade is concerning. The Court asserted that Roe “either ignored or misstated” history, “stood on exceptionally weak grounds,” and was “profoun[ly] wrong[ ].” I’m not sure which is more troubling: (1) that this country’s highest court could issue such an allegedly poor decision that would go on to be relied upon for nearly 50 years or (2) that a different make-up of this country’s highest court could come along nearly 50 years later and reverse longstanding precedent based upon claims that it was poorly decided. Either scenario invites distrust of the Court as the final arbiter of our rights under the United States Constitution. Nonetheless, I must point out that as a Circuit Court judge, I will be required to follow United States Supreme Court precedent governing any issue I am called upon to decide. Under Dobbs, the question of abortion is now up to the states and is governed by states’ own constitutions and laws. Dobbs does not require any particular ruling under a state’s constitution when questions concerning state abortion-related laws arise. Rather, the Kentucky Supreme Court’s interpretations of the Kentucky Constitution, including a broader right to privacy than the Federal Constitution, governs. Importantly, this year’s ballot contains a proposed amendment to the Kentucky Constitution that will allow Kentucky’s citizens to have a say in how the Kentucky Constitution will apply to abortion-related legislation. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue? 

Absolutely, police misconduct should be addressed. Indeed, I have prosecuted police officers who committed wrongdoing under the guise of using their police powers. The court’s role depends on how the police misconduct comes before the court. When an individual officer is being prosecuted for misconduct, the court’s role is to ensure a fair and just trial, just as the court would for any other criminal defendant. When police misconduct surfaces in the criminal prosecution of another, the court must utilize all tools available, including possible suppression of evidence or dismissal of charges, to secure the constitutional rights of the individual being prosecuted. More generally, courts must be alert for possible police misconduct (1) by acknowledging that police officers are as capable of misconduct as anyone else (and sometimes have better tools to get away with it than others); and (2) by scrutinizing and considering evidence provided by police officers by the same standards as other evidence is weighed.   

How can judges support successful community reentry?    

Courts should be aware of community programs and government resources available to assist convicted offenders with community re-entry, including in-custody and out-of-custody programs. When practical and useful, judges should consider ordering participation in appropriate programs as a condition of incarceration or probation, conditional discharge, or other alternative sentences. Judges must know and fully apply expungement and sealing of records laws to maximize opportunities for those eligible. Judges should also know and understand basic parole eligibility guidelines and be able to communicate them effectively to affected parties as a realistic picture of possible release is helpful to convicted offenders, their families and support systems, and victims and their families in making community re-entry successful.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have had to address other attorneys’ misconduct on more than one occasion. In one instance, I reported the conduct to the bar association for investigation. In a second matter, because the issue was brought to my attention as a jury trial was preparing to begin and because the issue potentially adversely impacted the constitutional rights of the defendant about to be tried, I brought the issue to the trial judge’s attention and a hearing was conducted to determine whether the alleged misconduct jeopardized the defendant’s constitutional rights at trial. The trial was allowed to proceed after the judge found insufficient evidence of misconduct. Additionally, when I was the Chief of the Appellate and Research Division at the Commonwealth Attorney’s Office, I was regularly called upon to advise attorneys regarding ethical decision-making and reporting misconduct of other attorneys. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

I do not believe it is the role of the judge to “relieve” jail over-crowding—unless, of course, such issue is the subject of specific litigation pending before the court. However, judges’ exercise of their other roles certainly impacts Kentucky’s jail populations, and judges should be mindful of that. Judges should be familiar with and apply the preference in many cases under Kentucky law and criminal procedure rules for pretrial release of individuals on their own personal recognizance or unsecured bond. Judges should also act reasonably yet swiftly to move cases to final resolution when individuals are being held in jail prior to trial or for post-conviction hearings like revocation hearings. Doing so helps ensure that local jails are used for shorter-term and misdemeanor stays while state penitentiaries are utilized for service of longer-term sentences.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

There have been many very significant U.S. Supreme Court decisions related to criminal justice in the last 30 years. One of the most recent was Carpenter v. United States, 138 S.Ct. 2206 (2018). In that case the Court decided that a warrant was required to obtain historical cell-site location information because obtaining the information constitutes a search under the Fourth Amendment. The case is particularly significant because it called on the Court to apply the Fourth Amendment to new technology that is in the hands of nearly everyone in the country. In finding the Fourth Amendment protected against unreasonable searches for historical cell site data, the Court explained that “the time-stamped data provides an intimate window into a person’s life, revealing not only his particular movements but through them his ‘familial, political, professional, religious, and sexual associations.’” It recognized that in today’s society cell phones are “almost a feature of human anatomy” and rejected the claim that because location information is gathered by a third party—the wireless carrier—it is not subject to Fourth Amendment protection. This case is significant because it protects the privacy of citizens against government intrusion to know the history of their comings and goings. The Kentucky Supreme Court has also relied on the case to determine that collection of real-time cell-site location information is a search requiring a warrant under the Fourth Amendment and the Kentucky Constitution. Commonwealth v. Reed, 647 S.W.3d 237 (Ky. 2022).

Describe any significant pro bono work you have done in your career.    

From 2019 until 2021, I was the Executive Director of the Mary Byron Project. While there, I created a program that provided appellate legal assistance to survivors of intimate partner violence free of charge. I also created a program training other lawyers to do the same. While at the Mary Byron Project, I represented victims of intimate partner violence in trial and appellate courts without charge. My work resulted in several opinions from Kentucky’s appellate courts, including two published opinions. In Jones v. Jones, 617 S.W.3d 418 (Ky. App. 2021), the Kentucky Court of Appeals held that survivors of attempted sexual assault are entitled to the same protections as survivors of completed sexual assaults under Kentucky’s interpersonal protection order statutes. In Smith v. Doe, 627 S.W.3d 903 (Ky. 2021), the Kentucky Supreme Court held that minor petitioners and respondents in interpersonal protection order proceedings are entitled to appointment of guardians ad litem.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I suspect there are many causes for the high rates of Black and Brown incarceration. Sadly, many of them are likely outside an individual judge or multiple judges’ ability to change. However, judges have a vital role in ensuring that they do not disproportionately incarcerate Black and Brown individuals, even when disproportionate sentences might be recommended by a prosecutor or jury. This is one reason my extensive criminal justice system experience will be an asset on the bench. I practiced criminal law for 15 years and have been involved in and aware of the outcomes in thousands of cases; thus, I have the perspective to evaluate cases to ensure that sentencing is proportionate with the crime and is not unduly influenced by the race of the offender.

Patricia Morris, Circuit Court, 10th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Dorislee Gilbert and Patricia "Tish" Morris. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Certainly having someone close to you go through being incarcerated, brings another layer of empathy.  I think it is crucial that Judges display empathy for those that come before them. One can certainly rule effectively and forcefully and yet show compassion for a fellow human being.  

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges must apply the law fair and equitably.  Each case and situation is unique. By looking at cases individually, considering all facts that have been presented, they can help ensure the appropriate consequences.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Ruth Bader Ginsburg

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

What resonates most with me, is that as a woman my rights to control what happens to my body are being called into the purview of our government.  A woman's right to determine what she can or cannot do with her own body specifically related to health issues, should rest in the majority with the woman.    

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Police misconduct just as in any profession will occur.  I believe the role of the judges is to apply the law fair an equitably to those that come before them regardless of that person's profession.  All facts must be considered and outside influences must not come into play when a Judge is making the determination.  The accountability of our police should rest not only with the Judges but the entire community.

How can judges support successful community reentry?    

Judges can directly encourage those coming back into the community, by having resources readily available to these people.  Additionally, Judges should maintain strong relationships with community leaders to help bridge gaps of socioeconomic divide in order to keep resources available and to help determine which resources best suit those individuals.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have had to address attorney misconduct but never to the level reaching the ethics board or the Bar.  I approach it with kindness and empathy and giving the person the opportunity to correct the misconduct or providing them with resources to help with the misconduct.  If that were to fail I would then seek the assistance of the Bar to ensure the misconduct does not affect the greater good of the community.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Certainly Judges could look at cases individually where the conduct was of a non-violent nature and put those people in a home incarceration or work release program.  Judges must be able to balance the welfare and safety of the community and the individual rights of the individual.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

There are many in the last 30 years but one recent one Marbury v Madison was crucial in allowing the Supreme Court the power to declare a law unconstitutional over Congress.  I think, especially in recent year in the world of politics the checks and balance of power is crucial for our democracy to continue.  Having three branches of government in order to divide power and create the ability for all branches to be held accountable for their actions is part of the core of what we believe in as a society and resonates so closely with a person holding a judicial office. Holding those accountable who are in power is imperative in maintaining a fair and unbiased government.

Describe any significant pro bono work you have done in your career.    

Recently I have been assisting people who have been discriminated against because of their race, religion and/or socio-economic background by large insurance carriers.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Discrimination based on socioeconomic background.  Judge must apply the law fair and equitably to all those that come before them regardless of race, religion, sexual orientation and/ or socioeconomic background.  They cannot allow bias to enter his/her courtroom.  They cannot be influenced or manipulated by fear of what others may say or do. Judge must remain fair and impartial and also must take accountability for the decisions they make.  

Susan Schultz Gibson, Circuit Court, 12th Division (Jefferson County)

All Jefferson County voters can vote in this race. Susan Schultz Gibson is running unopposed.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?             

No, although I have a childhood friend who is currently serving a lengthy sentence in another state that I have been communicating by letter for the past few years.  That correspondence has personalized for me the effects of incarceration, the lack of resources for folks who actually want to spend their time in a productive way, and how arbitrary decisions about probation and parole can be.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?   

It is difficult for judges to insert themselves into the actual prosecution of the action without overstepping judicial boundaries.  I make it a practice to make sure a defendant has adequate time to consult with an attorney who is familiar with immigration law and consequences before making any decisions which could impact his or her status. I have set aside at least one judgment when it became apparent that I had not done that job well enough.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?              

Judge William McAnulty.  This is a little biased because he was my neighbor at the time of his passing, and we had many conversations outside of court.  I practiced before him when he was on the Circuit bench, and although he did not suffer fools gladly,  he was courteous, thoughtful, and smart.  When he went 'upstairs' I was consistently impressed with the thoroughness of his opinions.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?

Part of my job (up until now) has been to do judicial bypass hearings.  These are hearings where minors who cannot obtain the consent of a parent or guardian to have an abortion are granted the permission to make this decision without parental intervention if they have the maturity to do so.  Obviously those hearings have stopped, but girls have not stopped getting pregnant.  I wonder what is happening to those girls now.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?        

I was a prosecutor for many years, and I am married to a retired detective. I believe any police misconduct needs to be addressed.  I do not have the authority to unilaterally decide that misconduct can be addressed judicially.  I have on a number of occasions suppressed evidence when misconduct or disregard of established constitutional practices has occurred.  Judges should always hold officers accountable for their actions in bringing a case in which they overstep constitutional bounds, but this must be in response to motions that address the conduct

How can judges support successful community reentry?      

Community re-entry through parole is not generally something a judge can impact, since we no longer have jurisdiction over the case.  If a person is being released to probation, I quite often require that the social workers with the jail or the public defender's office present a treatment plan so that the inmate has support the minute he or she walks out of jail and doesn't have to wait until he is assigned to a probation officer.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?             

Yes.  In the most blatant case, where I believed that the attorney had committed misconduct which was both an ethical and criminal violation, I contacted a member of the judicial conduct commission to verify my belief that it was mandatory that I report the conduct to the Bar, which I did.  In other cases where the conduct did not arise to a reportable violation, I have called the attorney to the bench privately to explain why the conduct reflected badly on them and their client, and how difficult it is to repair a professional reputation.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding? 

I think most judges now are taking a very hard look at whether a defendant needs to be incarcerated pre-trial.  Jail conditions during Covid suddenly made incarceration dangerous, and my thinking shifted to a stronger presumption that a less restrictive alternative would be preferable. I have placed a greater emphasis on HIP for folks who seem to manageable, even on more serious charges.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Not a criminal case, but one which has unfortunately had a huge impact on criminal justice in the community.  District of Columbia vs. Heller in 2008  eliminated the ability of communities, based on community conditions, to limit the possession of firearms. This ruling has empowered state legislatures to grant more and more protection for guns over the protection of people. The proliferation would seem to have led to a huge uptick in gun violence over the intervening years, with corresponding incarcerations.

Describe any significant pro bono work you have done in your career.     

Because I have always worked in public service, my pro bono options have been limited by statute.  I did create and still presided over Felony Mental Health Court, for which I receive no compensation or workload reduction.  I consider that about as pro bono as I can do.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I believe that lack of education and resources, poor access to affordable housing, and lack of health care all contribute.  I do not agree that there is a nefarious plan of 'over-policing' of some neighborhoods, because allocation of resources in any service or business goes to the areas of need.  Lack of money and services contribute to crime, and calls for service. Unfortunately those lack of money and services are concentrated in a relatively small number of communities.

Anthony Jones, District Court, 1st Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Anthony Jones and Emily Monarch. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have had a family member arrested, and I have had a very good friend sent to prison. As a Public Defender from 2012 to 2016, I represented individuals sentenced to incarceration. I witnessed these individuals lose the ability to spend time with spouses, parents, friends, or children, and it greatly impacted the way I view the judicial system. Incarceration is sometimes a necessary punishment, and I accept that as a judicial candidate. But, before I make the life-altering decision to strip a Defendant of his or her freedom, I will follow the law and use all available information to guarantee that the Defendant poses a verifiable risk to society and cannot adequately be supervised in the community.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges must ensure that a Defendant completely understands the collateral consequences to a conviction. As a Prosecutor, I make offers to unrepresented Defendants when they choose to not retain counsel. I often find myself asking individuals about their immigration status. If they are currently seeking citizenship, asylum, or if they are a DACA recipient, I insist that they speak with their immigration attorney before entering a plea. I want to leave nothing to chance. As a judge, I will continue to ensure that individuals have been given the opportunity to understand the ramifications of a conviction at the plea colloquy before accepting any resolution. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Thurgood Marshall holds a special place in my heart. He won about 90% of the cases he argued before the Supreme Court before becoming the first African-American seated on that very bench.  He put the fight for equality before all else. After graduating first in his class at Howard, Marshall could have focused on getting rich and powerful. Instead, he followed his calling to advance the interests of marginalized communities. His passionate dedication to improving our country inspires and informs my practice of law.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The Court’s analysis of substantive due process created through the 14th Amendment of the Constitution will undoubtedly have a major impact in the years to come.  As the doctrine of stare decisis was not applied, this opinion has the potential to drastically affect future civil liberties. In his concurring opinion, Justice Thomas states that any substantive due process decision is “demonstrably erroneous” and that the Court has a duty “to correct the error.”  Justice Thomas’ language potentially foreshadows the Court hearing challenges to the precedents established in Griswold, Obergefell, Lawrence and Loving.  If that were to occur, and if the doctrine of stare decisis were to be wholly abandoned, the states will be permitted to regulate homosexual marriage, homosexual activity, interracial marriage, and contraceptive use via state legislatures, state constitutional amendments, and/or referendums.    

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Yes.  When the trust between the public and law enforcement is broken, we all suffer. Crimes go unsolved. Interactions with police become hostile. Victims don’t know where to go for help. It’s understandable. The majority of police officers I have worked with over the years agree. Bad police make it harder for the rest to fulfill their life missions of protecting and serving the community. The criminal justice system needs to ensure that those who use their power maliciously are identified, removed, and, when appropriate, charged and prosecuted. As a supervising Jefferson County Attorney, I charge and zealously prosecute cases in which police officers break the law, and as a judge, I will not hesitate to suppress evidence that was gathered unconstitutionally.  

How can judges support successful community reentry?    

District Court Judges are in a unique position to be catalysts for positive change, as they often see Defendants at their worst and most vulnerable moments.  First, judges should use their time with Defendants to speak directly to them while placing conditions on their bond or probation.  There needs to be a be a clear communication of what is expected from the Defendant upon re-entry. This seems simple, but imparting this guidance to Defendants often is overlooked.  Next, judges should only accept agreements that mandate job/education advancement, order counseling, and/or require negative drug screens when necessary.  Most importantly, judges need to encourage the utilization of resources and programs offered by our city.  Louisville has Mental Health Court, Drug Court, Veteran’s Treatment Court, Restorative Justice, Ignite, Seven Counties, the Healing Place, and so much more.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

As a supervising attorney, I immediately communicate my standards upon meeting a new employee.  On the first day, they are told that, above all else, we are to always act fairly and ethically.  I believe that proactively addressing issues with a colleague is the best defense against unscrupulous behavior.  If there is a minor issue, I document the specific instance of misbehavior and attempt to correct it.  Additionally, I collaborate with other supervising attorneys in the office that may have a different approach to handling a particular problem.  Often, they have insights that are extremely helpful.  In the rare event that the misconduct is wholly inappropriate or minor actions are not corrected, I will report the issue(s) to my direct supervisor.  

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

In District Court, setting bail is the most common way in which a judge affects the population rate of Kentucky jails.  The primary consideration in setting bail is ensuring the safety of every citizen in Jefferson County, including Defendants.  Those who pose an actual and verifiable risk to the community should be given a higher bond.  Contrarily, non-dangerous poor people should not sit in jail on petty offenses simply because they cannot afford even a low bond.  A judge can relieve over-crowding by placing high bonds only on individuals who require a high bond.   Considering my unique history as a Public Defender AND Prosecutor, I will not take the determination to incarcerate an accused individual pretrial lightly. Furthermore, codified alternatives to full cash bail such as surety bonds, unsecured bonds, the Home Incarceration Program, and releasing the Defendant on their own recognizance with non-financial conditions will be given priority so long as the safety of the community can be assured.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

I touched on the tenets of Padilla vs. Commonwealth of Kentucky in Question 2.  Padilla asserts that counsel must advise noncitizen clients about the risks of deportation when pleading guilty to a criminal offense.  Moreover, Padilla may extend counsel’s obligation to advise a Defendant about all other collateral consequences to a plea, including civil commitment, firearm prohibitions, loss of operator’s license, loss of professional licenses, loss of public assistance, civil forfeitures, and the loss of the right to vote.  This is important because the consequences of a plea often stretch far beyond a courtroom, and the Court should feel obligated to ensure that a Defendant’s attorney has made their client aware of these potentially life-changing effects of a plea.  If a Defendant is proceeding without counsel, the Court needs to inform them that there are potential collateral consequences and extend the Defendant the grace to do further research before accepting an offer. Ensuring that a Defendant is entering into an intelligent plea bargain is paramount to our justice system. 

Describe any significant pro bono work you have done in your career.    

While not technically pro bono, I am a career public servant. I spent over four (4) years as a Public Defender for the Department of Public Advocacy. For the past six (6) years, I have worked as an Assistant County Attorney where I am currently a Division Chief in General Prosecutions. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

While there are countless reasons for the high rates of incarceration of people of color, it is abundantly clear that these numbers are magnified when we speak in terms of juvenile court statistics.  The disparity being so pronounced at a young age magnifies the need to focus on solving the root causes at the juvenile level. The Juvenile Code demands that the Court act in the “best interests of the child” while “providing treatment and sanctions to reduce recidivism.” The utilization of services through Court Designated Workers and the Juvenile Court could go a long way in stopping the cycle before it begins.  These entities can order at-risk youth to participate in programs administered by the Peace Hospital, the Brook, the Spot, Restorative Justice, or Juvenile Drug Court.  By addressing juvenile needs at an age where individuals are more receptive to a holistic approach, the number of those incarcerated will fall drastically as they enter adulthood. 

Emily Monarch, District Court, 1st Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Anthony Jones and Emily Monarch. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

No. I have never been arrested or charged with any crimes. As an attorney for twenty years, I understand the gravity and significance of the decisions I will be asked to make as a district court judge.  I am ready and willing to make those decisions and will not take the consequences of those decisions lightly.  

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges have a responsibility to ensure that defendants have effective counsel and understand the proceedings and the consequences of plea bargains.  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I admire Sandra Day O’Connor because she was the first woman to serve on the United States Supreme Court. Her commitment to civil discourse, her ability to see the legal issues before her from both sides, and her ability to reach consensus made her one of the most powerful and effective justices. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

As a woman and the mother of two daughters and a son, I was deeply disturbed by the Court’s decision in Dobbs. I was most disturbed that the Court ignored stare decisions and overturned long standing case law that protected the liberty and equality of women.  I agree with the dissenting opinions of Justices Breyer, Kagan and Sotomayor that “respecting a woman as an autonomous being, and granting her full equality, meant giver her substantial choice over this most personal and most consequential of all life decisions.” As a judicial candidate, I cannot and do not commit to rule in a particular way should the question come before me in court.  

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

The majority of law enforcement officers in our community work hard everyday to protect the safety of our community and its citizens.  As the events of 2020 showed us, sometime police officers act in ways that violate the deprive citizens of our community of their civil rights.  As a judge, I will ensure that I carefully and thoroughly review the evidence presented to me.  Courts should also design polices and processes to prevent the day-to-day familiarity between participants in the court system such as judges, prosecutors and police from infringing upon the civil rights of defendants. 

How can judges support successful community reentry?    

Judges should understand that successful re-entry will decrease the rate of further criminal behavior and keep our community safe.  Judges can apply sentencing guidelines in a way that encourages positive reinforcement to promotes good behavior resulting in quicker release from the prison system.  Some of the current speciality courts in Jefferson County such as Drug court are already using this strategy.  Courts can also set reasonable terms of parole which both protect the community and promote compliance. Parole violations are responsible for nearly a third of all admission to prison.  Some jurisdictions have introduced re-entry courts to pay a more active role in the community re-entry process.  

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

No.  I have not.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Pre-trial detention should only be used when there are no other means to keep our community safe. At the same time, each case should be considered individually and carefully on the individual facts of that case. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Salinas v. Texas held that the right to remain silent includes the right for the prosecution not to comment on a defendant’s failure to take the witness stand or answer question after Miranda warnings have been given.  This decision was necessary to protect a defendant’s Fifth Amendment right against self-incrimination.

Describe any significant pro bono work you have done in your career.    

As an elder law attorney, I frequently helped war time veterans apply for Aid and Attendance benefits to help them pay for their long term care.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

While there are no simple answers to this question, laws targeting drug use and other non-violent crime which impose harsh sentences have resulted in high incarceration rates for black and brown people.  Biases among the law enforcement community have led to situations where a black person is three times more likely to be arrested for drug possession despite equal use rates.  Judges should always ensure that defendants receive effective counsel and that the civil rights of defendants are protected.  

Kelly Ann Bowles, District Court, 3rd Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Kelly Ann Bowles and Kristina Garvey. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have had several parents of my students incarcerated. Even for a short period of time it affects their housing, their employment, their relationship with family, their custody arrangement--every aspect of their lives. As a judge, ensuring that specialty courts and non-bail options are utilized to keep as many non-violent offenders out of jail will be an essential role. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

District Court judges should make sure cases are resolved in ways that avoid disproportionate immigration consequences. Judges should absolutely pay attention to the immigration status of those before them. Working with families from around the world, I have seen families broken apart and the economic and emotional consequences of such action. Judges need to ensure that anyone who takes a plea fully understands the consequences of the plea, ensuring the explanation is in their native language as well.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Ruth Bader Ginsburg. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The fact that the state has valued 'potential life' as equal to, if not more important than a woman's actual life. States now have the option to criminalize abortion in all circumstances, even when continuing with the pregnancy endangers the life of the mother, or cases of incest or rape. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue? 

Yes, police misconduct needs to be addressed. Judges are limited by what comes before the court, but as police officers are the main source of evidence in criminal cases, ruling on whether the evidence can be admitted falls on the Courts. Judges need to consider the facts and circumstances of how the evidence was obtained, apply the law and ultimately determine if the evidence should be suppressed. 

How can judges support successful community reentry?    

First and foremost, judges need to exhaust other options to prevent incarceration in the first place including treatment and specialty courts as well as alternatives to bail, such as surety bonds. These options allow individuals to stay within the community and therefore take re-entry out of the equation. Judges must understand and utilize all of the wonderful community organizations who work with re-entry. The partnerships with these organizations need to be stronger, and judges can have a role in advocating for continued state support of these community groups.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have not had to report another attorney's misconduct, however all attorneys, including judges, are required to report misconduct rising to a level of ethical concern. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges are essentially the gatekeepers to the jail. Our current jail is overcrowded and understaffed. Additionally, the staff is not trained to deal with the immense mental health and addiction issues within the jail. The first action a judge can take to relieve the over-crowding is to find other avenues to setting bail, whether by utilizing specialty courts or surety bonds. Additionally, judges need to advocate for systemic change in Frankfort. Moving to a system, similar to the federal system, that takes cash bail out of the equation will greatly reduce the over-population of our jails. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Georgia v. Randolph (2006) held that police may not enter without a warrant if one of the residents does not give permission. The case is significant because it narrows the scope for when police can enter and search homes without a warrant.

Describe any significant pro bono work you have done in your career.    

I have worked on a number of probate and personal injury cases pro bono in my career. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I believe that systemic racism and implicit bias are some of the root causes of the high rates of Black and Brown incarceration. Louisville has very deep systemically racist roots. Not only in our history, but in our current schools you can see a divide between the high percentage of white children in private schools in Louisville. Constant education and review of policies and procedures with an eye to combat this system racism and implicit bias is essential to begin the healing process. Judges, personnel, attorneys, and police officers need to have continual purposeful training and education on these issues. In my current role, we work not only to combat racism, but to become anti-racist, checking our own privilege and implicit bias.

Kristina Garvey, District Court, 3rd Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Kelly Ann Bowles and Kristina Garvey. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes, someone close to me has been incarcerated. As a Judge, understanding how every day or even every minute spent incarcerated, greatly affects those in custody. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

As a Judge, I make sure that those who may be facing deportation have had ample time to talk with an attorney and understand any possible consequences to pleading guilty to charges they are facing.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Ruth Bader Ginsburg

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Anytime precedent is overturned, people pay attention. I think one of the many things that resonated with me was some of the language that made people question how this decision may affect other constitutional rights.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

I think misconduct, no matter who it is, should always be addressed. Depending on the type of misconduct, it could vary as to who will be responsible for addressing it. As a Judge, I have an obligation to follow the law and to apply it to cases that come before me in court. A Judge is not a charging entity in the criminal justice system. It is the role of the prosecutors office to bring criminal charges against individuals. Lastly, I hold all those who practice in my Court to high, ethical standards and I believe that is imperative to the success of our justice system. 

How can judges support successful community reentry?    

I think there are opportunities for Judges to be a part of re-entry and to be involved with follow up. I think we need more re-entry programs and chances for positive interactions with judges and community members as they get back on their feet.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

As I have said previously, I hold all those who practice in my Court to high, ethical standards and I believe that is imperative to the success of our justice system. I believe in holding all people accountable for their actions and have had to address misconduct at times with attorneys. The issues that I have dealt with were able to be resolved in the moment. I look to always treat everyone with respect and professionalism, but also make sure the misconduct is identified and addressed immediately. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

The law sets out specific criteria that the Court is to consider when setting bail. As a sitting Judge, I must consider factors such as the seriousness of the offense, likelihood to reoffend, flight risk and potential danger to the community. It is my job to set a reasonable bond taking into account all the factors, as well as any other mitigating factors that may be unique to each case. All individuals charged with offenses are presumed innocent. Since bond is not set to be a punishment, using options other than full cash bonds, often allow those who cannot afford bond, to be out of custody pending trial. Utilizing surety bonds, unsecured or partially secured bonds and ROR are crucial for our non-violent offenders. We also need more resources for those battling mental health and addiction issues. We need more treatment facilities for those who need help, instead of those people sitting in jail.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Roper v. Simmons - holding found it unconstitutional to execute a person for a crime they committed before age 18. There are lots of things we don't allow those under 18 to do because of their immaturity and lack of brain development. I think it is a decision that looks to deliver appropriate consequences taking all factors into account. 

Describe any significant pro bono work you have done in your career.  

I have worked with various groups to volunteer and/or work with community members on legal issues or projects. In my position now as a sitting Judge, and previously as a prosecutor, I am limited to (often excluded from) opportunities for pro bono work in the typical sense. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I think incarceration rates are often higher in low income, higher policed communities. As a Judge, using bail options such as surety bonds, unsecured, partially secured or releasing on their own recognizance for non-violent offenses, will help to reduce the number of those incarcerated.

Yvette De La Guardia, District Court, 4th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Yvette De La Guardia and Lora Chisholm Holman. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes. For me, I spent a lot of time contemplating how my loved one had become incarcerated. As a public defender, I found myself asking the same sort of questions about the children I represented. I've come to understand that compassion, empathy, and accountability are not mutually exclusive concepts, and each one plays an important role in our justice system.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges should inquire whether the parties have complied with Padilla v. Kentucky, 559 U.S. 356 (2010) in all cases resolved by plea agreement.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Justice Robert H. Jackson of the United States Supreme Court. Justice Jackson was a skilled trial lawyer and a brilliant writer. As the Court's 'prose poet,' he intelligently and eloquently helped advance fundamental rights and individual liberties for all people.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Before Dobbs, I hadn't seen the Court revoke a previously recognized fundamental right. The revocation of a fundamental right and the inevitable effects of such a decision are profound. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

In the criminal justice system, police generate much of the information relied on by judges, jurors, and the prosecution. Accordingly, any police misconduct must be addressed. Our judiciary can address this issue by making well-informed, thoughtful decisions and treating the people consistent with its stated commitment to fairness and justice.

How can judges support successful community reentry?    

Judges can support successful community re-entry by educating themselves on the issue and learning about the resources that are available to assist formerly incarcerated people. This takes a collaborative effort between the court and a multidisciplinary team working together to identify and address the health, housing, education, and employment needs of the individuals.  

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have not had to address another attorney's misconduct. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges can reevaluate the manner in which they have been exercising their discretion when making bail determinations. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Flowers v. Mississippi, 139 S.Ct. 2228 (2019). The Court's application of Batson v. Kentucky, 476 U.S. 79 (1986) (holding a State is prohibited from racially discriminating against prospective jurors when exercising peremptory challenges in a criminal trial) to the facts in Flowers' case led the Court to conclude that the trial court had committed clear error when it found the State's peremptory strike of a particular prospective juror was not motivated in substantial part by discriminatory intent.

Describe any significant pro bono work you have done in your career.    

I have represented numerous indigent Kentuckians in direct appeals to the Kentucky Court of Appeals and the Kentucky Supreme Court

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Implicit bias and systemic racism. Judges must educate themselves, their courtroom staff and personnel, and justice partners about the overrepresentation of incarcerated Black and Brown folks.  

Lora Holman, District Court, 4th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Yvette De La Guardia and Lora Chisholm Holman. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

No, none of my family members or close friends have been incarcerated. I don't think a Judge needs direct experience with incarceration to make decisions on putting a person in jail. The decision needs to be based on the evidence, severity of the crime, and the individual's criminal background if any. The judge's personal feelings about incarceration should not be a factor. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Non citizens should receive the same treatment as citizens in the court process. The law is to be applied in the same manner to all people coming before the court. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

There are so many amazing Supreme Court justices that it would be impossible to select one that I most admire. I am most grateful for the judges I have known personally in district and circuit court that helped me develop and grow as an attorney. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

This case would not be a factor in cases heard in District Court which is the position I am seeking so I will refrain from answering. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

Misconduct occurring in any role in the justice system need to be addressed. Judges/courts do not control or supervise the police but they do review evidence and testimony from police officers so in that realm, judges, prosecutors, and defense attorneys must evaluate if anything could be tainted or mispresented and if so, then determine if the charges can move forward or need to be dismissed. 

How can judges support successful community reentry?    

By being a part of programs that help people (such as addiction/recovery programs, mental health treatment, Veterans court, anger management courses, etc) and allowing people the opportunity to seek a program that could help them rather than sit in jail when it is appropriate and safe for the community to select these options. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

As an attorney, no I have never had to address another attorney's misconduct. However, as a previous Director in a corporate setting supervising a team of people, I frequently addressed misconduct. The goal was always to address the problem, get the employee back on the right track, and get a performance plan in place whenever possible. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges can choose to release non violent offenders without bond if they do not appear to be a danger to the community so that the jails are not as crowded and can house the people with the more serious charges that may put the community at risk if they are released. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

There are many significant higher court decisions that impact the lower court's decision. A Judge's role is to follow the law as it stands so all of the decisions are important. 

Describe any significant pro bono work you have done in your career.    

Through my solo practice I have had the opportunity to help many people. I have often reduced my rates when I see people in need who can't afford traditional attorney rates and because of this I receive many client referrals from the Legal Aid Society and KY Lawyer Referral Service. The cases I am the most proud of are when I could help a client get their home out of foreclosure or help someone through a domestic violence incident and help them find resources. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I would like to see Judges work together to create more streamlined approaches to setting bail, releasing people without bond, and dealing with pro se defendants. I think if there were more parameters in place, there would be less bias and more consistency from court to court. 

Justin Brown, District Court, 6th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Justin Brown and Lisa Langford. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I, like many others, have had a family member who has been incarcerated due to substance abuse-related charges (possession and theft allegations).  As a practicing defense attorney, her incarceration due to this affliction and disease underscored the true need for greater access to misdemeanor Drug Court in Jefferson County.  The impact of her incarceration (on her physical and mental health and on her family) and her battle for sobriety bolstered my desire to volunteer to preside over the specialty courts that we have in District Court: Drug Court, Mental Health Court and Veteran's Treatment Court.  Since her 2018 election, my opponent has not once presided over any of these courts!  I pledge to volunteer and to serve where needed starting on day one.  Period.     

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

The role of a District Court Judge in criminal matters that may pose immigration consequences is to make certain that the defendant's defense attorney has adhered to tenets espoused in Padilla v. Kentucky.  In that case, the U.S. Supreme Court held that criminal defense attorneys are duty-bound to inform clients of the risk of deportation under three circumstances. Firstly, if the law is unambiguous, attorneys must advise their criminal clients that deportation will result from a conviction. Secondly, if the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation may result. Thirdly, attorneys must give their clients some advice about deportation; counsel cannot remain silent about immigration consequences.  It is the obligation of a judge to ensure that a defendant has been advised of immigration consequences by his attorney by asking about it on the court record. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Thurgood Marshall carried a copy of the Constitution in his briefcase at all times. He held the words on its glorious pages to be a living document to protect individual freedoms and the rights of all. He adhered to the tenets that an education and access to receive an education was the only way for a person to succeed. This principle of the critical importance of an education guides my own view of how to better the future of our community. I can count on one hand the number of times that a District Court Judge has asked how far a defendant went in school--this question matters and it's not being asked. As a judge, I can impose as a condition of probation that someone obtain at the very least their GED and I can reward people for getting that GED by waiving the financial burdens of fines. Imagine a generation of young men and women with an education---think about the pride they will have in themselves and of course, education leads to better jobs, less poverty and less crime. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

As a District Court Judge may be called upon in the future as to whether or not to grant a young person's 'Self-Consent for an Abortion by a Minor' petition, I believe that it is wholly inappropriate to underscore which sections or language in this decision most resonate with me.  That is my decision as to the most poignant section(s) of this case may be construed as prejudging this issue.  

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

Unquestionably police misconduct should be addressed in our criminal justice system.  However, it is imperative that a Judge not overstep his or bounds when addressing this critical issue. That is, in District Court, it is the role of the Jefferson County Attorney's Office and its prosecutors to determine what charges to pursue against a defendant base upon evidence and information provided to them by law enforcement professionals.  These prosecutors have an ethical obligation to pursue only those charges which they believe are supported by the evidence.  This ethical obligation applies to each and every case.  A judge, however is tasked with the obligation to make legal decisions premised upon the evidence presented and argued by both parties: the prosecution and defense.  These legal decisions must be made with impartiality and fairness towards all defendants tempered with the equitable interpretation and application of the law.   

How can judges support successful community reentry?    

The community-at-large is time and again fed scary statistics regarding recidivism rates for offenders.  I believe that part of the role of a Judge is to do all that can be done to support and to foster successful community re-entry.  That is, it is imperative that a Judge know and use (by use, I mean provide contact information to an offender) vocational services, housing services, mental health services, educational/GED services and drug/alcohol treatment services.  Moreover, for an offender who is placed on misdemeanor probation out of District Court, a Judge should order completion of these and other classes and courses as a condition of probation.  

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have not had to deal with this issue during my career.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

The exclusive use of and blind reliance on the cash bail system leads to a large number of people remaining incarcerated pretrial.  This system undermines the presumption of innocence resulting in economically and racially divergent impacts and pretrial detention lengths.  The disparate nature of this system has yielded alternatives that may be appropriate (depending on criminal history and the nature of the charges) such as home incarceration or surety bonds.  As will be further explained below, it is incumbent on a District Court Judge to balance the statutory requirements of the setting of bail along with useful tools and resources, such as a Pretrial Services Report. It follows that a court (premised upon the defendant’s aforementioned scores and the statutory requirements) may consider alternatives to incarceration in jail; such as a surety bond, signed by someone who would be financially responsible to the Court if the defendant fails to appear as directed or is charged again while out on that bond or the home incarceration program (HIP).

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

One of the most significant U.S. Supreme Court criminal justice decisions that has most directly impacted my practice is Padilla v. Kentucky.  Throughout my time as a public defender and now continuing through my career as a private attorney, I have defended non-citizens clients.  This decision has made me keenly aware of the significant and lifelong repercussions and collateral consequences that could stem from resolving even the most seemingly innocuous of cases.  It is incumbent on me as a practitioner to ensure that non-citizen clients are advised about the deportation risks of ANY guilty plea. If the law is unambiguous, attorneys must advise their criminal clients that deportation will result from a conviction. Also, if the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation 'may' result. Finally, attorneys must give their clients some advice about deportation: counsel cannot remain silent about immigration.  It is important to me and I am ethically bound to provide a cogent defense to all persons.     

Describe any significant pro bono work you have done in your career.    

As a private attorney, I have represented many persons pro bono during my career.  However, the pro bono work that most resonates with me was during the aftermath of the 2020 protests.  These protests and subsequent arrests fostered days of reckoning for all persons, particularly those in the legal system.  That is, in the legal community, there are a lot of “talkers” and not a lot of “walkers.”  I was proud to march with my colleagues during the Summer of 2020 regarding the disparities that we had all seen during our respective tenures.  In addition, when a call (e-mail) went out for volunteers for pro bono representation of those charged with criminal offenses during the protests, I did not hesitate to volunteer my time and talent for these men and women.  As a matter of fact, I am still representing two young men in Jefferson County District Court today!

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

My 18 1/2 years of experience has shown that the exclusive use of the cash bail system leads to a large number of black and brown people incarcerated pretrial.  This system undermines the presumption of innocence resulting in economically and racially divergent impacts and pretrial detention lengths.  The disparate nature of this system has yielded alternatives that may be appropriate (depending on criminal history and the nature of the charges) such as home incarceration or surety bonds. A District Judge sets appropriate bail amounts as determined by statute and other tools.  KRS 431.525(1), states bail must be 'sufficient to insure compliance with conditions of release set by the court; not oppressive; commensurate with the nature of the offense charged; considerate of the [defendant's] past criminal acts; the reasonable anticipated conduct of the defendant if released; and considerate of the financial ability of the defendant.'  In addition, a judge also receives a Pretrial Services Report containing information regarding the accused’s criminal history, work history, the number of times a defendant has failed to appear for court, etc.  A strict application of the law, along with following the contents of this report makes certain that an appropriate and reasonable bail is set for each defendant.  

Lisa Langford, District Court, 6th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Justin Brown and Lisa Langford. Both candidates responded.

Direct experience with incarceration: Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes, I have a cousin who was incarcerated many years ago. It was initially devastating to our family. However, many life lessons were learned from his experience. We learned to forgive mistakes, support others in their time of need, and to be understanding of difficulties that a felony may face after incarceration. This has certainly helped me understand the plight of those whom I may sentence to jail.

Immigration: Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

The most important role a play on a daily basis with non-citzens is to make sure they fully understand their rights and the potential consequences of any plea agreement that they enter into in my courtroom. Everyone who takes a plea has to confirm with me that they understand, especially non-citizens. It is not uncommon for me to refuse to accept a plea agreement until I am confident that the individual is fully informed of all of the consequences, especially the consequence of deportation. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I most admire the quintessential RBG. She is certainly one of my greatest inspirations and role models. Her work on civil rights and equal rights for women, both in private practice, as well as, on the bench was phenomenal. I absolutely respect her vision, drive, and the body of work she has left us to follow and treasure.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

I believe in the right to privacy as provided by U.S  Constitution. There are certain rights that an individual has that should not be controlled by the government. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

All types of misconduct need to be addressed by the criminal justice system, whether it is judicial, prosecutorial, the defense bar, or police action. The bad apples need to be removed and criminally charged if there is an appropriate charge associated with said acts. No one is above the law. Period. 

How can judges support successful community reentry?    

Judges have opportunity to talk with defendants before and after incarceration. I make every effort to encourage defendants to make use of resources will they are serving time or heading to supervised probation. Knowledge of drug treatment programs, mental health treatment, educational resources, housing subsidies, and employers sources can assist those returning to society after incarceration. We can provide the information and keeps connected with those who provide said resources. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I fortunately have not had direct knowledge of another attorney's misconduct, but I am familiar with how to report misconduct should the situation arise.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Judges have the ability to use a variety of choices at the pre-trial level to reduce unnecessary incarceration. I work diligently to release nonviolent, low-level offenders. I also use unsecured and security bonds, as well as, home incarceration, when appropriate. These options significantly reduce the number of defendants in custody awaiting court dates or trials.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Marriage Equality. I believe that everyone has the right to equal protection under the law. Love is love is love.

Describe any significant pro bono work you have done in your career.    

Prior to becoming a judge, I was an Assistant County Attorney for 14 years. Therefore, most of thr available pro bono work would have been a conflict of interest with the office. I am a proud volunteer with several groups in my community.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I have read many studies on this topic. Therefore, my belief is a segment of our society has been marginalized. Black and Brown people have higher rates of poverty, lack of access to information, education, housing and essential resources. We must even the playing field for all of our citizens. Judges best serve our community by providing education about the legal system. We also must share information about resources. Finally, we must pay close attention to what is going on in our communities and get involved in efforts which will make positive changes for everyone. 

Shannon Fauver, District Court, 7th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Shannon Renee Fauver and Megan McDonald. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes, I have had some people close to me incarcerated.  When those incidents happened, I was already an attorney and I don't think it impacted me anymore than representing over 3,000 clients in my 18 years of practice.  So, when people close to me were incarcerated, I already knew the studies that that it only takes 3 days of being in jail (before any finding of guilt or innocence is made) for someone to lose their job, their housing, custody of their child, etc., so yes, it is a consideration prior to any finding of guilt.  With my legal experience, I have seen that only people who are a threat to the community should be incarcerated prior to their trial.  Of course, depending on the outcome of their case, incarceration may or may not be the best resolution and other placement should available if needed.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

In my practice, I have represented many clients who faced deportation, so I know how important it is to explain to those in Court (as I have been for the last 18 years) exactly what the consequences of a plea will be on that person. A judge needs to make sure that a person in front them actually understands that any plea they take, or sentence they are given, may have immigration consequences that they are not aware of. As a judge treats everyone fairly and justly, a judge will have to make sure that anyone appearing in front of her will be aware of all the consequences of the plea/sentence so that a judge will not ask every person their immigration status (as it be better to explain it to everyone than miss the person who needs the information).  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I admire John G. Heyburn II, because when I found out that he was assigned to the Bourke v. Beshear cases, I knew that he would follow the law.  It didn't matter which President appointed him to the bench, he had made decisions from 1992 to 2015 based on the law and I knew that his decision would be the correct one- no matter which person I represented in his Court.  As an attorney, or a member of the public, you want a judge who is fair, knows the law and has practiced the law before becoming a Judge.  The reasons for that is that the Judge will the have the knowledge and wisdom to rule correctly. I also greatly appreciated the fact the his ruling on the Bourke v Beshear case, that recognized and allowed same-sex marriages in Kentucky, was written so that it could be read by non-lawyers as well and addressed all the issues in his ruling.  I had the opportunity, as I filed that case, to see first hand how a judge should be.  I have known many very good judges; and he stands out because he made a decision that benefited the citizens of our State, despite any political pressure he was under.

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

As a judicial candidate, we can't discuss the ramifications of the decision, as we can't discuss any cases that may come in front of us. So, all that I can say about the decision is that there was no reason for a Justice to reference the same-sex marriages, as that was not part of the case in front of them.  

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue? 

I do believe that everyone is accountable for their actions, no matter their job title.  I have filed cases against the police department for misconduct and some of the officers individually. Whenever someone on the job does the wrong thing (like the officer who served time for raping my clients), it makes it less likely the people will trust the police.  In short, bad officers (and I believe that most officers are good people, who have a very hard job), need to be taken off the force so that the community can trust the officers.  While judges don't  have any control over the officers being charged, the Judges will need to hold the officers accountable when they come into Court.   

How can judges support successful community reentry?    

First, a judge needs to make sure that when someone is sentenced, they know the exact terms of the sentence, so that they don't inadvertently violate anything that would make them return to custody. Second, as the laws have changed in the last few years, many charges will be automatically taken off someone's record or are now eligible for expungement for charges that would have barred them from jobs or going to a school to pick up their child. Part of my 18 years of practice has been filing expungements for people so that they are not penalized for the rest of their life for making one decision. One of the best things about being an attorney is being able to help someone into a better place- be it getting their record expunged or getting rid a bad debt that kept them from a better job/house.  When I am on the bench, I will tell the defendants if they will be eligible to expunge their charge at some point. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

In Kentucky, every attorney is required to report an attorney's misconduct if it could impact the client's case.  Unfortunately, if you practice the law for 18 years, as I have, you will come across attorneys that are impaired due to alcohol, drugs, etc.  I have reported a couple of attorneys, as required for us to do so, and then the Kentucky Bar Association steps in the resolve the issue so that clients' cases aren't damaged.  

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Presentencing, there are numerous options available to the judges; releasing on one's own recognizance; home incarceration; and surety bonds.  When a judge uses these, it reduces the number of people in jail.  A judge is to determine a bond amount based on whether the person is a danger to the community and the likelihood they will come back to court. The studies show that 92% of those released will come back to Court, no matter if they have a bond or not. While people will say 'just put them on home incarceration or a surety bond', that doesn't help a large part of our community, who either doesn't have someone who can put on the money for a surety bond or who doesn't have the daily fees related to being on home incarceration.   

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

I believe that Kyllo v. United States, decided June 11, 2001, is significant as it held that devices like thermal imaging device can't be used to search a private home based on that device alone. The Court held that using a device to explore ones home in way that would not be able to be done without entering the home, is a 'search' and unreasonable without a warrant.   With all the technology  in this day and age, the privacy of ones home still needs to be respected, and cannot be search without a warrant based on technology alone.  That was from 2001 and still holds today while technology has gotten more invasive.   This ruling also means that the technology alone can't be the basis for search warrant to be issued to come into ones home.  

Describe any significant pro bono work you have done in your career.    

I have gotten awards for the amount of hours I have provided every year through the community, from events when I was asking legal question, to handling cases for Legal Aid clients. The biggest block of my time on one thing has been working on over 30 cases wherein people who are trying to keep their Social Security benefits.  Their prior attorney had defrauded the government and Social Security has made thousands of people try to show that they were disabled 10 years ago, when the attorney destroyed the files. For the last four years, I have been assisting AppalRed Legal Aid (Appalachian Research and Defense Fund of Kentucky) by representing those clients that have been assigned to me and by recruiting other attorneys to take on additional clients so that everyone can be represented.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I believe that the causes of the high rates for Black and Brown incarceration is because the system has historically treated those groups more harshly than other groups and some of that is still going on.  Even in  2020, after Breonna Taylor's death, those protesting where by in large charged differently by race.  As a practicing attorney, we all saw Black protestors were charged with felonies, while White protestors where usually charged with misdemeanors.  Once the cases were in Court, we saw the felony charges being dropped, generally, as the charges could not stand based on the felonies being based on the same facts as the misdemeanors, with the only difference being the race of the person charged.   A judge needs to look at every person that comes in front of her and see that individual and weigh the facts to see if the charges are based on anything that systemically impacts the charges being brought (for example crack and cocaine have always been treated differently, and have penalized people differently when the defendants are of different races).  A judge has to know the law and how to rule on cases based on what is best for the community, be it jail or programs, and don't perpetuate the continued cycle of jailing people who are not a threat to the community.

Megan McDonald, District Court, 7th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Shannon Renee Fauver and Megan McDonald. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

No, I have never been incarcerated and I am unaware of anyone close to me having been. However, empathy and understanding are essential characteristics that judges must possess. A judge must know that any decision to incarcerate someone will not only have a great impact on that individual, but their family as well. This obviously includes an economic impact, such as loss of income and support, as well as difficulty finding good employment after release. There is also a huge emotional and mental toll to consider, as well as a stigma associated with incarceration, that affects all those involved. This is why I believe that, as a general rule, only violent offenders that present a risk to the community should be incarcerated and alternative rehabilitative measures should be sought in all other cases. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Everyone must be treated fairly and justly under the law. There can be no exception. Judges should ensure that all members of the community, regardless of their circumstances, have the same access to appointed counsel in appropriate cases. I also believe judges should support and encourage pro bono services by attorneys and keep up to date on special outreach projects which focus on immigration issues so that this information can be offered to the more needful members of our communities. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I greatly admire Justice Ruth Bader Ginsberg as she epitomized judicial activism. Her strong support for equal rights for all both in word and action resulted in sweeping changes in American society. To accomplish all that she did while being a working wife and mother is truly admirable. Her lifetime of work shows what great judges can do to not only improve their communities, but society at large. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Unfortunately, the Judicial Code of Ethics prevents candidates from commenting on issues that may appear before them as a judge. Considering the far-reaching nature of this decision, I regret I am prohibited from offering my opinion. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

It is a judge’s responsibility to ensure the fair and equal administration of justice. It is a responsibility that I take very seriously. If police misconduct should ever interfere with that, a judge must deal with it in whatever manner is most appropriate under the circumstances. No one is above the law. 

How can judges support successful community reentry?    

A criminal record makes re-entry into the community very difficult, especially in the area of employment. Judges should fully support the utilization of expungement opportunities in all appropriate misdemeanor and felony cases. I believe judges also have an obligation to educate the public regarding the potential for the expungement of their criminal conviction at appropriate opportunities during a case. For example, at sentencing it may well be appropriate for a judge to advise a defendant of their right to have their conviction expunged upon fulfillment of all statutory requirements. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Fortunately, thus far in my career I have not encountered this issue. In Kentucky we have mandatory reporting requirements that apply to professional misconduct by an attorney. Judges have the same responsibility as all other members of the bar to report such misconduct to the Bar Association Counsel. As an attorney and candidate for District Court, I would be required by law to follow such rules. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

The judiciary has great control over incarceration rates through sentencing and bail. It is my strong belief that, in general, the only people who need to be incarcerated are violent offenders, those who pose a threat to the community. There are many options available to judges to ensure offenders return to court that do not require the individual to be jailed. I believe that judges need to be keenly aware that home incarceration is a viable option for non-violent offenders. Cash bail, surety bonds and no bond release are options for those accused of a non-violent offense and all have substantially similar return to court rates.  

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Carpenter vs. United States. This seminal case holds that, at least in some cases, individuals retain their Fourth Amendment rights to information they disclose to third parties. While this case involved cell phone records, the Court’s rationale should extend to all digital data. Admittedly, the opinion is vague, and no specific tests were adopted by Court. Nonetheless, it is still an important decision as it certainly opens the door for further expansion of Fourth Amendment rights.

Describe any significant pro bono work you have done in your career.    

I was a volunteer attorney supervisor at the U of L Ackerson Law Clinic the year prior to my employment there as the Program Coordinator. I supervised law students with limited practice licenses as they assisted low-income clients with many issues, from legal representation to mediation services. I also volunteered at the Louisville Bar Association’s Pro Se Divorce Clinic assisting those with uncontested divorces. I have also done pro bono work in my District Court practice assisting clients with preparing their wills, deed transfers, and conservatorships. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Racism and poverty are the main causes of disproportionately high rates of minority incarceration. At the beginning of a case, judges should consider alternatives to incarceration and cash bail for non-violent offenses such as no bail release or surety bonds. From there, ensuring fair treatment throughout the course of a case is paramount. Everyone should be treated fairly, equally and with respect regardless of their individual circumstances in every case. 

Karen Faulkner, District Court, 8th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Karen Faulkner and Jessica Stone. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

As a former public defender and someone who has focused her career in the area of criminal law, I have had lots of clients incarcerated and many of those clients I was and still am very close to, as well as those outside of my work.  I understand that incarceration is not simply about the loss of liberty for the time spent in jail, but the often-huge collateral consequences associated with incarceration.  It often means loss of employment and ability to support a family, loss of connection with children and support networks, and the loss of control over one’s life.  I believe all of this, among other factors, are important considerations for a Judge when imposing a sentence and know my experience in assisting clients rebuild their lives after incarceration is an important perspective.  This perspective has affected my outlook on incarceration and understanding that when appropriate, alternatives to incarceration should be utilized.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Mandatory deportation is a huge collateral consequence for non-citizens and Judges must take a roll in ensuring anyone who takes a plea, understands the ramifications on citizenship it may have.  In my practice, I take the time to consult with those who concentrate in immigration law in order to guarantee my clients get a fair outcome with this in mind.  On the bench, I will ask the necessary questions to determine if an outcome would have an effect on someone appearing before me.  A Judge’s role as a gatekeeper, can ensure that unintended consequences are avoided, if at all possible.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I have great esteem for our newest Supreme Court Justice Ketanji Brown Jackson, the first black woman and first former public defender to serve on the Supreme Court.  Justice Brown Jackson represents a career dedicated to service to our country.  Her recent confirmation hearings showed her character and judicial temperament, calmly and caringly addressing numerous questions with poise and grace, and she deserves the highest respect she has earned. As a former public defender, myself, I admire the perspective she brings to the bench, a voice for the people, and know this experience shaped her as a Jurist.  Justice Brown Jackson also served on the United States Sentencing Commission, reviewing and enacting real change to the Federal Sentencing Guidelines and addressing racial disparities created by the crack-cocaine penalties.  As a Judge she rendered numerous opinions, thoughtfully applying the law, and ruling fairly, even if it was unpopular, making her a fair and respected Judge. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

As a Judicial Candidate, ethically, we are not allowed to discuss any issue or cases that may come before us, nor comment on the caselaw.  Our job is to follow the law, and Supreme Court Cases, are the highest in the land and would be binding precedent on a District Court Judge and the application of any law will be done thoughtfully as cases come before me.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Misconduct of any kind must be addressed in our criminal justice system, but Judges do play a role in addressing police misconduct within a particular case.  Police must follow the law and the Constitution when dealing with someone accused of a crime, and when this does not occur, a Judge may be asked to rule on whether a piece of evidence, obtained in violation of someone’s rights must be thrown out of Court.  A Judge must examine the facts and circumstances and the applicable law to determine if this challenge and ultimate suppression of evidence, should be granted.  Or if a Judge has personal knowledge of the misconduct, making a report would be mandatory and potentially holding an officer or entity in contempt, if warranted.  But until an issue is before the Court, the ability to address it, is limited by the Judge’s role in the Court system.  

How can judges support successful community reentry?    

As someone who has spent seventeen years examining and working to support successful reentry of my own clients, whether juveniles or adults, this is a very important question.  The first thing a Judge can do is support alternatives to incarceration, bail alternatives, surety bonds, and treatment courts, so that community reentry isn’t necessary, but staying in the community with support is the reality.  Judges must educate themselves on community resources available as well as issues that cause recidivism, such as addiction and mental illness, so that resource options can be made available to those interacting with the Courts if they are open to it.  I would like to see a stronger partnership with our many fantastic Community programs and District Court as Louisville is a community that has a lot of resources that people just don’t know exist.  And supporting the utilization and expansion of treatment courts so that people have the opportunity to use the resources the Court has in their own pocket, is necessary.  

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

As an attorney, or a Judge, we are required to report misconduct that rises to an ethical concern under the ethical rules.  Reporting misconduct is mandatory and is something I have had to do during my seventeen years of practice, though not often, as we have a fantastic Bar.  My approach is to always attempt to rectify with my colleague first and attempt to make sure I understand correctly the issue.  And if it could not be resolved or was an ethical concern, then report it as required.  I believe this needs to be done thoughtfully and carefully and should not be taken lightly and would take the same approach on the bench.    

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

The Judiciary plays a significant role in maintaining a safe and responsible jail.  The jail is currently understaffed and overcrowded, which has proven to be a deadly combination, without proper services and access to mental health. The Judiciary must examine each individual to determine if there is an alternative that is both safe and just.  I currently serve on the Jail Policy Committee as the private bar member, where we foster bringing down the jail population.  The Judiciary must examine reasonable bail and use our pre-trial system to truly evaluate flight risk and whether someone is a danger to the community.  The Court must create systems that ensure those held at the jail are being brought to court and see a Judge within the timeframe required by law. I believe the Judiciary must look at bail alternatives over incarceration and not use our jails to simply house the mentally ill, the drug addicted and the poor and create a jail that serves rather than harms our justice system.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

As a Judicial Candidate, ethically, we are not allowed to discuss any issue or cases that may come before us, nor comment on the caselaw.  Our job is to follow the law, and Supreme Court Cases, are the highest in the land and would be binding precedent on a District Court Judge and the application of any law will be done thoughtfully as cases come before me.

Describe any significant pro bono work you have done in your career.    

Providing pro bono services has been an integral part of my career in the legal field from my time in law school to today.  I began serving as a Victim's Advocate in 2002 for the Center for Women and Families, assisting petitioners in Emergency Protective Order (EPO) proceedings for over a year.  In that time, I handled hundreds of hearings in Court, sometimes spending two days weekly.  But my most significant pro bono work and dedication of time revolves around expungement.  I routinely serve as a volunteer attorney for the Legal Aid Society both by taking on complex cases privately as well as serving at the expungement clinics held throughout town and serving as an educator in this field for Legal Aid.  In this capacity, I was honored to receive the Outstanding Volunteer Award for my pro bono services with Legal Aid in 2020.  Privately, I have handled 100s of pro bono expungements for those who have class D felonies. When the law changed to allow for this expungement process to include a certain number of felonies, I committed to helping as many folks as I could.  I provide this service through my firm, free of charge, to anyone under the federal poverty guideline.  The difference between success and struggles can be contingent on one's record and assisting in success stories is one of the most rewarding aspects of my job.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

The high rate of minority incarceration is way bigger than the Court system.  It has roots in our history that starts with our country’s beginnings, it permeates our laws and our policing, and is evidenced in our incarceration rates.  Though changing this systemic problem, is not probable in the hands of one Judge, beginning to shift the model, and looking at treatment over incarceration and alternative sentencing plans, may reduce the numbers overall and provide opportunities for some that were not available before.  Recognizing implicit bias as a sitting Judge and the history of our country and court system is important to begin the process.  Partnering more community resources with the Court system, using programs like Restorative Justice to heal from, as a victim, and learn, as the accused, and utilizing and expanding our treatment courts, so that we stop incarcerating the poor, the mentally ill and drug addicted is a good start.  And when push for progress within the system, we push for fairness for all.  

Jessica Stone, District Court, 8th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Karen Faulkner and Jessica Stone. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes.  I have faced adversity.  I have had someone close to me be incarcerated.  I am also experienced an abusive relationship.  I have experienced divorce, a need for public assistance, unemployment, and bankruptcy.  These real life experiences provide a perspective that cannot be taught.  I know what it is like having a person in a position of power making decisions and/or passing judgment on an issue that is going to make a huge impact on my life.  Judges should be aware that they may think they know, but they may really have no idea.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

A Judge shall ensure defendants have been advised and are fully aware of potential consequences before entering a guilty plea.  This sometimes means going beyond what is considered sufficient to satisfy the guilty plea.  I would ask if an immigration lawyer was ever consulted.  I, actually, intend to create a foreign language court when I am on the bench to ensure an interpreter is available from the very beginning of the docket so that rights are fully communicated from the start.  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Ruth Bader Ginsburg

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

I cannot quote a specific part or parts of that decision as I have yet to read all 213 pages of it just yet.  That said, I initially was concerned when learning such long-standing precedent was overturned. I am hopeful that both sides of the Kentucky legislature can come together and agree on some common sense ways to apply the new law of the land in a way that will not infringe on individual liberties.  

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Police misconduct always needs to be addressed, but it is not the role of a Judge to address the issue.  

How can judges support successful community reentry?    

A judge should be aware of community organizations that offer assistance and be ready to suggest or order individuals to seek help and/or assistance from the most appropriate organization that suits their individual situation.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

No.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Covid forced us to work within the parameters of the current statutes involving bond.  We now use unsecured and secured bonds to make sure we are not holding individuals in custody for traffic or petty offenses.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Miranda v. Arizona.  One’s freedom is a most basic individual right; thus, when freedom is in jeopardy, one absolutely should be made aware of his or her constitutional rights as an accused.  

Describe any significant pro bono work you have done in your career.    

I took on over 100 pro bono Domestic Violence Order assignments from Legal Aid to help victims get protection from their abuser.  I assisted in Legal Aid Divorce Clinics and Expungement Clinics.  I was awarded Outstanding Volunteer Attorney from Legal Aid Society.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Judges should be out in the community to hear from the people.  I know enough to know I do not know everything.  Asking questions instead of pretending I have the answers to each and every problem is key to finding the solution in this area.

 

Kaitlin Dean, District Court, 9th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Kaitlin Dean and Tanisha Hickerson. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have worked closely with incarcerated inmates as both a public defender in Kansas City, Missouri and here in Louisville, as well as my work with the Innocence Project throughout my career. I think it is imperative that a Judge understands there are alternatives to incarceration, when the circumstances are appropriate. The laws of each state are vastly different, and when I began working in Louisville many years ago, I brought with me the knowledge I had gained from my prior experiences. A lack of alternative sentencing options was one of the primary areas where I immediately noticed a difference. I began my efforts by strongly advocating for a Judge to allow my client to serve his sentence on Home Incarceration at a drug treatment facility, as drug addiction was the root cause of his criminal behavior. Ultimately, we were able to address the underlying issue while continuing to deter him from further criminal activity through monitoring his ability to leave the inpatient treatment program. I have continued taking a holistic approach to the practice of law in my own law firm, and I will continue to do so if elected to the Judicial Bench.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Ironically, the prevailing law on the collateral consequences of a conviction of certain offenses that may result in deportation comes from the Commonwealth of Kentucky, Padilla v. Kentucky, 559 U.S. 356, (2010), and states that it is criminal defense attorneys who have an affirmative duty to advise noncitizen clients of such consequences.  Nevertheless, Judges do have an obligation to ensure that defendants have been “advised of” collateral consequences when accepting a guilty plea.  However, collateral consequences of convictions are constantly changing, and Judges have an ethical duty to be educated on changes in the law. Whether it be immigration, or eligibility for public benefits like housing or student loans, loss of a driver’s license, employment, or the right to carry a firearm, I believe if a conviction infringes upon a right so fundamental to one’s daily ability to provide for themselves and their families then a Judge can and should take the time to make certain the defendant is aware of said consequences prior to or during the guilty plea stage.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I most admire Ruth Bader Ginsberg because her work, along with the parody skits on NBC’s Saturday Night Live that connected her with the younger generations, were able to re-invigorate the United States’ interest in the Supreme Court, legal issues, and cases that come before the Court like history has never seen before.   As an attorney, I have found studying her techniques for legal persuasion to be the most enchanting. The way Justice Ginsburg labored over the usage of a single word, it’s placement within a sentence and the profound effect it could have on influencing reasoning and choices is fascinating. I greatly admire her mastery of the skill of active listening, and willingness to go above and beyond to build lasting relationships with both like-minded and people who challenged her ways of thinking.  In my daily life, I aspire, as Justice Ginsberg once said, to “Fight for the things that you care about, but do it in a way that will lead others to join you.”

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

I think the Dobbs decision raises concerns about similar rights that our country, and the Supreme Court, has previously recognized that are not specifically enumerated in the United States Constitution. Regardless of one’s personal beliefs on the underlying issue, the unfortunate result of the Court’s decision has only led to further political division and partisanship throughout the country. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

I believe Louisville could benefit from a Community Review Board, open to the public, where individual representatives from the Judicial System, the healthcare system (to address mental health; access to healthcare; etc.), and other community-based organizations work in conjunction with the police department to figure out how we move forward; learn to trust one another again; and work together as a community for a better, safer Louisville.

How can judges support successful community reentry?    

Grant funding would be extremely beneficial to support successful community re-entry. One source of judicial support could come from creating a mentorship program within the specialty Courts where individuals who have successfully re-entered and re-integrated into society are paired with defendants soon to be released to assist them as they transition back into navigating the stressors of everyday life. Systemic change takes time, effort, training, and substantial community support.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Yes. The Kentucky Bar Association has established an Ethics Hotline which is staffed with trained volunteers in each Supreme Court District. If I ever have a question involving ethics, I call the KBA Ethics Hotline, and they are authorized to provide immediate advice as to the ethical course of action to take. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

I believe there needs to be a more holistic approach to the justice system. There is grant funding available to place social workers in the courtrooms who can follow up on specific cases which may need more attention than another. For example, if a community organization is in desperate need of volunteers, they can contact a liaison and Judges can assign more volunteer hours instead of costs and fines that could potentially lead to incarceration if left unpaid, thus benefiting the entire community. We need case managers/court liaisons in the District Courts, who can research and check if an individual has active Family Court cases and follow up with that Judge’s staff to make sure the entire Jefferson County Court System is aware of all moving parts involving an individual.  This job would also entail informing the District Court Judge if/when a Defendant has unique personal needs; if special healthcare arrangements may be required; and allow the Judge to determine if a respective situation rises to a level which would necessitate extraordinary considerations. We need workers to make sure Defendants and their families have places to live, are signed up for health insurance, and have basic human necessities – all things which help prevent recidivism. There are always creative solutions available if one is willing to put the time and effort into the job.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Atkins v. Virginia, 536 U.S. 304 (2002) and, subsequently, Hall v. Florida, 572 U.S. 701 (2014).  These two cases are important because they establish the groundwork for determining whether individuals with intellectual disabilities may be punished by the death penalty.  In Atkins, the Supreme Court determined that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments but left the definition of “intellectual disability” up to the states to define. Twelve years later, the Hall Court withdrew some of the states’ discretion in defining “intellectual disability,” and gave individuals with an IQ score between 70 and 75, the ability to offer additional clinical evidence of intellectual deficit, such as the inability to learn basic skills and adapt, in addition to the ability to react to changing circumstances.  These cases are extremely important because they provide extra protections for those individuals that may not have the mental capacity to form the intent necessary to commit a crime punishable by death.

Describe any significant pro bono work you have done in your career.    

I have done a significant amount of pro bono work in my career. I regularly represent victims of domestic violence in emergency protection order hearings and subsequent divorce; or, conversely, representing a wrongfully accused veteran or servicemember in a legal action. I am an active member of the Justice for Military Families (JMF) program, in partnership with the Tragedy Assistance Program for Survivors (TAPS), and the Red Cross Military Veteran Caregiver Network which provides free legal assistance to Gold Star Families throughout the nation. We assist in providing and/or finding pro bono legal representation for Gold Star family members, who are the spouses, children, parents, siblings or other immediate family members of a fallen service member who died while serving our nation in a time of conflict. I also do pro bono consulting for Innocence Project cases specializing in DNA.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

I believe a variety of seemingly race-neutral criminal justice policies, in application, do have a disparate racial impact on the higher rates of incarceration. Unfortunately, studies show implicit racial bias will always be present to some degree, whether our society would like to admit it or not; and resource allocation decisions disadvantage low-income defendants, who are typically people of color.  Finally, those with criminal records are put at a disadvantage moving forward thereby furthering their socioeconomic disparities.   If we can find a way to eliminate known sources of bias within the Court system, we can certainly work to reduce these numbers. The Kentucky Rules of Judicial Ethics state that a judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice. A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. I think that if the Judiciary and the greater community can work together to maximize and expand currently available resources, including investments in mental health and substance abuse treatment, programs to reduce school truancy and prevent dropouts, and support for victim services – that would certainly be a good starting point.  

Tanisha Hickerson, District Court, 9th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Kaitlin Dean and Tanisha Hickerson. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have not been incarcerated but I have had people close to me incarcerated. Therefore, I personally understand the impact and effect that can have on not just the defendant, but on the family and friends of the defendant who have to visit a loved one behind bars and/or communicate through letters and phone calls. Such distance and absence can leave families in financial distress, cause mental instability, lack of parental supervision/guidance and without proper rehabilitation, lead to recidivism. However, I also take into consideration the effect such incarceration may have on the victim, who may have peace of mind knowing the person who wronged him or her is not free and facing penalty for their actions. Overall, such experiences, in and outside of the courthouse, make me cognizant of my rulings as a judge, whether incarceration is deemed the appropriate outcome based on the law and facts, or whether a less onerous means of incarceration, such as home incarceration or other sentencing options will suffice. 

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

I like to make sure defendants take into consideration all factors when resolving a case, including whether such resolution could lead to deportation. As the presiding judge, I am not always made aware of a person’s citizenship status when a plea may be at negotiations stage.  However, when it comes time to take a final plea, I do explain for pro se individuals that deportation may be a consequence of the plea. With individuals who have attorneys, it is usually presented to me by the attorney whether any such plea would have a negative outcome or potentially negative outcome regarding deportation. Most times, prosecutors and defense attorneys do take into consideration the offense, possible resolution and if applicable, lesser pleas to avoid disproportionate immigrations consequences.  To the extent such resolutions are fair, just and legally sound, I will continue to accept such plea negotiations or other means in which to resolve a case.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I most admire Supreme Court Justice Ketanji Brown Jackson for not only ascending to the highest court of our Nation, but for the grit and determination it took for her to reach such heights as our first Black female Justice.  As a Black female judge, it is important to see others who look like you break down barriers, achieve goals and blaze the trail for those that will come behind them. Justice Brown Jackson has done that with poise, grace and professionalism, even when she was not treated with such at her confirmation hearings. I admire her impressive educational and work history, as well as her ability to juggle being a wife and mother. I can vividly see the look on one of her daughter’s face as she watched her mother during the confirmation hearings – many of us looked at Justice Brown Jackson in a similar awe and with gratitude. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Personally, I have a hard time finding parts of Dobbs v. Jackson that resonate with me in a positive way, as I was not in favor of the Supreme Court overruling Roe vs. Wade and Planned Parenthood vs. Casey. Returning the authority to regulate abortion to the states will render inconsistent and detrimental outcomes for our society. Further, restricting access to reproductive healthcare and abortion options will have devastating, and in some cases, deadly effects, and takes away the right for a woman to choose what happens to her own body. When I was sixteen and pregnant, I understood what it meant to have a choice about my future. I cherish my oldest daughter and I am grateful her presence made me a stronger person. I truly believe to have a child is a deep and personal decision and most people do not take lightly the decision to abort a fetus. The Dobbs case has led to many states taking that decision away from the individual. I am further frustrated by such laws that have no exceptions for rape, incest, the endangerment of the mother, or viability of the fetus. As a judge, I understand I am bound by the law and I do not have the discretion to pick and choose which laws I follow. As these matters continue to work their way through the legislature and higher courts, I will continue to watch in anticipation for laws that consistently representative the will of the majority of people.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

I do believe police misconduct is being addressed in our justice system, but cases such as the ones related to the unfortunate deaths of George Floyd and Breonna Taylor have pushed any such need for change into the forefront. I think it is important that our system reviews certain immunities that police have for their conduct, but in particular negligent and fraudulent behaviors which hurt the community’s trust and dependence on the police and also hinder other police officers from doing their respective jobs. Various policies and protocols already allow for punishment of police misconduct, which may be in the form of suspension, termination and criminal prosecution. The courts should continue their respective roles in applying the law to the facts before any such police misconduct cases.  Individually, judges can serve on commissions and panels that bring together community partners seeking to find common ground between police misconduct and protections for police officers reasonably doing their difficult and dangerous job.

How can judges support successful community reentry?    

Judges can support successful community re-entry in multiple ways. Often our conditions of release are related to an individual entering a treatment facility and bringing back proof of treatment and compliance with a program for a certain amount of time. Treatment for addiction and/or mental health can alleviate an underlying cause that led to a particular crime and help prevent future crimes. Additionally, while a person is incarcerated, and if he or she is a good candidate, we can order that person participate in a successful re-entry program which has various steps and goals for rehabilitation. Last, but not least, judges can serve in programs that bring together community partners that are passionate and committed to reducing recidivism by trying to provide individuals with tools, support systems and employment upon release from custody. Specifically, I am a member of the Opportunity Network, a program that strives to achieve equitable re-entry practices and standards to make our community better overall.

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have not had to address another attorney’s misconduct as a judge nor as an attorney.  Pursuant to Kentucky law and rules of ethics, an attorney has an ethical obligation to report certain types of ethical misconduct of other lawyers and judges. If I had personal and definitive knowledge of such unethical conduct, I would refer to the Kentucky Bar Association for guidance and direction to file a complaint and report the attorney or judge accordingly.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Overpopulation of jails should be of great concern to everyone due to the unethical, unsafe and poor conditions of such an environment.  However, when it comes to my role as a judge and my decision to release someone from jail, I still must take into consideration various factors related to whether a person is likely to commit new criminal activity, a danger to the community or a flight risk. One of my responsibilities is to set a reasonable bail, which may include a monetary option pursuant to current Kentucky law or a lesser form of custody such as home incarceration program. But I can also choose to release someone on their own recognizance if I find it appropriate. When I assess whether to have someone remain in custody, regardless of the population of the jail, I try to choose the lease onerous means to ensure someone will return to court. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

In approximately the past 30 years, I believe Batson v. Kentucky is one of the most significant US Supreme Court decisions related to criminal justice issues.  In Batson, the Court ruled that a peremptory challenge, meaning the dismissal of jurors without stating a valid reason for doing so, may not be used to exclude jurors based solely on their race. Our justice system is founded on, and prides itself, on the ideal that a person be judged by a jury of their peers. The Sixth Amendment specifically provides the right to an impartial jury, yet our history as a country has not always provided such a right.  Particularly, Black and Brown people have far too often stared into the faces of white men in the jury pool, who return swift guilty verdicts and disproportionate sentences. There are many challenges as to why jury pools are not as diverse as the communities in which the court presides. However, striving to prevent actions that further hinder diverse jurors from a cross-section of society to serve on a jury is key to a fair criminal justice system.  

Describe any significant pro bono work you have done in your career.    

I am most proud of the significant pro bono work I did as a volunteer lawyer with the Legal Aid Society’s Domestic Violence Advocacy Program (DVAP) and the Steve Reily Reentry Project Expungement Clinic, along with the Louisville Urban League.  For the DVAP with Legal Aid Society, I represented numerous individuals who were victims of domestic violence and sexual assault at protective order hearings and assisted in developing safety plans for victims to escape abusive situations and environments.  Regarding the expungement clinic, in just one day, hundreds of people were provided with an opportunity to have a clean slate by having charges from their criminal records expunged, and the program also paid the expungement fees for such individuals.  As a volunteer attorney with the program, I worked almost 12 hours straight one day and every minute was worth it to see the smiles and relief on so many people’s faces.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

The causes of the high rates of Black and Brown people who are incarcerated relate to systemic racism and how such structural racism and discrimination has led to disproportionate treatment of Black and Brown people in our justice system. Such factors include, but certainly are not limited to, criminalization of Black and Brown people at a young age, in and outside of our school systems; over-policed poor and disadvantaged communities, which have higher numbers of minorities; harsher sentences for Black and Brown people, in particular in comparison to white people, for the same offenses; lack of opportunities for successful re-entry once released; financial impediments inclusive of employment restrictions for those with certain criminal records; broken family structures and lack of community leaders; and racial biases, both conscious and unconscious.  As a judge, one must strive to check his or her own biases so that rulings and decisions do not unethically affect people based on ethnicity and/or economic background, among other factors. Judges have and should continue to participate in training, panels and other presentations to combat overt and covert racism. Judges can also serve with other community partners to alleviate the structural barriers that have led to such disproportionate incarceration.

 

R. Christian Garrison, District Court, 10th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates for this position are R. Christian Garrison and Sara Michael Nicholson. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I’ve seen close family struggle with mental health and substance abuse.  And unfortunately, I’ve seen how these issues harm not just the person incarcerated but their family, friends and community.  If elected to District Court, I will encourage alternative sentencing plans.  It’s important that Louisville voters understand that not every alternative sentencing plan will be a success.  More importantly, victims have rights too.  And as a District Court Judge, I will do everything I can within the scope of the robe to uphold their rights.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

It might seem obvious, but knowing the law is very important.  As a former public defender and prosecutor in Louisville, I will bring balanced qualified change to the bench in District Court.  I will do everything I can within the scope of the robe to ensure that all persons pleading to criminal charges, know the consequences.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

Justice Sandra Day O'Connor

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The reality of the situation is we've allowed politics into the American jurisprudence system.  As an openly queer person, I fear this ruling also threatens the protection of marriage equality, queer civil rights, gender affirming care, and access to contraception for all women.  Ultimately, it's a cautionary tale and even our District Court Judges in Louisville must recognize the danger of politicking from the bench.

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

Yes.  District Court Judges will inevitably see charges of misconduct by police and/or other public officials (i.e., Official Misconduct, KRS 522.020).  When I was an Assistant County Attorney in Louisville, I prosecuted an employee of Louisville Metro Jail for misconduct.  In that role, it was my job to present the evidence supporting the charges.  Louisville needs judges who understand the law and their roles as judges.  Louisville needs judges who leave the politicking to politicians.  Louisville needs judges who are not afraid to follow the law for fear of political disfavor by interest groups, defense lawyers and/or prosecutors.  And as a District Court Judge, I will do everything I can within the scope of the robe to uphold the integrity of our Courts.

How can judges support successful community reentry?    

An example relevant to District Court is shock probation.  With shock probation, the Courts consider whether an alternative sentence plain is appropriate after a person has served part of their jail sentence.  It’s imperative that District Court Judges recognize the resources needed for re-entry to be successful and make those resources available and/or requirements of the alternative sentencing plan.  We cannot simply tell a drug addict they must continue substance abuse treatment and release them back onto the streets.  District Court Judges must LISTEN.  Does the person have underlying mental health issues?  Do they have anywhere to sleep?  Would vocational training be beneficial?

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Ultimately, whether you’re a sitting judge or practicing attorney, you have a duty to report attorney misconduct.  Whether you’re in the sidebar or on the bench, we must not acquiesce to attorney misconduct.  I spent over six (6) years of my public defender career in post-conviction - assisting clients with claims their attorney(s) were ineffective at the trial court level.  This experience will be invaluable for confronting attorney misconduct in my Court.

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

Louisville judges must encourage prosecutors and defenders to provide the Courts with alternative sentencing plans.  Importantly, judges must get involved with specialty courts including but not limited to veterans, mental health, substance abuse and homeless peoples.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Padilla v. Kentucky, 559 US. 356 (2010).  The Court in Padilla recognized the importance of the Strickland standard - the right to effective counsel.   See Strickland v. Washington, 466 US. 668 (1984).  The reality of District Court is that most persons before the Court will enter guilty pleas instead of trial.  As such, we must be mindful, even from the bench, that all persons entering pleas know their rights and the consequences of their pleas.

Describe any significant pro bono work you have done in your career.    

As a member of the queer community, I encourage other members of my community to obtain medical power of attorneys and living wills that protect their rights.  Currently, I provide this service pro-bono to members of the queer community.

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

There are many factors, including implicit bias.  Louisville needs judges who are not afraid of “may use their discretion” for fear of political disfavor by interest groups, defense lawyers and/or prosecutors. Louisville needs judges who feel obligated that they must, not may use their discretion. As a former public defender and prosecutor in Louisville, I will bring balanced qualified change to the bench in District Court. And I feel obligated that I must, not may use judicial discretion to follow the law.

Sara Michael Nicholson, District Court, 10th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates for this position are R. Christian Garrison and Sara Michael Nicholson. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

My great uncle was incarcerated many times during his life. He was a military veteran and returned from World War II with what was termed at the time 'shell shocked', which was likely PTSD. Once he returned home, he was regularly arrested for public intoxication and vagrancy and spent many days in jail. Sadly, at the time there were not many services available to help returning veterans and my grandfather’s family was without the resources to help him. This tragedy impacted his immediate family and his extended family, as well as the community. Thankfully, there is more help today, even in the courts. We offer three specialty courts: Veterans Treatment Court, Mental Health Court (where I currently serve) and Drug Court. These Specialty Courts are led by judges who work with court staff, attorneys, prosecutors, and treatment providers and create case management plans for individuals with the goal of individualized treatment, a reduction in recidivism and an improvement in their quality of life. He is a reminder to me that our jails are filled with individuals who have medical challenges that cause them to be incarcerated and as a society we should do more to help.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Breaking the law can have serious consequences for anyone, but the stakes can be much higher for non-citizens, in some cases leading to deportation or making them ineligible to obtain U.S. citizenship. The law limits a judge’s discretionary authority to alleviate the harsh consequences of deportation, and their role is limited to ensuring that the defendant knows that they have a right to legal counsel and that they understand the consequences of any plea based on the defendant’s legal status, leading to possible deportation. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

The one Justice that stands out to me that I most admire is Supreme Court Justice William McAnulty. Having grown up around the courthouse, I understood that Justice McAnulty was respected as an able jurist with good judicial temperament, but what got my attention as a youngster is that people adored him for his wicked sense of humor and practical jokes. As I got older I came to understand the impact Justice McAnulty had on our judicial system and in our community. He served at every court level: District, Circuit, Court of Appeals and became the first African American justice on the Kentucky Supreme Court. His outstanding community service record should be a reminder to all judges that we can have an impact outside the courtroom.   

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

In Dobbs, the U.S. Supreme Court dangerously lowered the bar for overruling court precedent by casting aside an established right that has been central to women’s liberty for over fifty years. Rather than put the issue of abortion to rest, Dobbs poured gasoline on it. We are now going to see debates concerning whether women have such a right in each of the state constitutions. It is doubtful that any two states will decide the issue exactly the same, making matters all the more complex. There will be court cases involving conflicts between federal laws and state laws as well as whether states can ban their citizens from crossing state lines to receive an abortion. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

Any sworn official who abuses or misuses their power and authority commits a breach of public trust and should be held accountable, period. In District Court, if that misconduct is part of a criminal prosecution and the facts are clear, the courts should use the tools at their disposal, including dismissal. When testifying in court, all parties are under oath, and lying under oath regarding a material fact in a case is perjury, and a crime.  If misconduct comes to the attention of a judge outside of the courtroom, it should be reported immediately.

How can judges support successful community reentry?    

For many individuals released from prison, the return to their community is difficult, with little or no family or community-based support.  As a result, many will fall back into old habits, which often leads to recidivism. We see some of these individuals in our Drug Court. Years ago, Kentucky piloted a Reentry Court, but it was discontinued for lack of funding. In an urban county the size of Jefferson County, I think it would be beneficial to have dedicated Reentry Court, similar to our dedicated Drug Court. Reentry Court could focus on management plans, monitoring, engagement, agency collaboration, accountability and expungements. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Thus far, I haven’t had to address misconduct by an attorney. The attorneys I have interacted with in the courtroom have been very professional. However, if I suspected misconduct, I would not hesitate to address the issue from the bench or report attorney misconduct to the Kentucky Bar Association should such action be warranted.  

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

To begin, the current cash bail system disproportionately harms lower-income individuals and people of color. It is time for the Kentucky State Legislature to re-examine the bail process and then codify those changes into law. Imposing unreasonable bail beyond a defendant’s financial ability to pay can be tantamount to a denial of justice. A judge should apply the law in a manner that most fairly ensures a defendant’s appearance at future hearings and safeguards the community from those who are likely to offend if released

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

The U.S. Supreme Court decided many significant cases on criminal justice issues in the past 30 years. One such case was Groh v. Ramirez, 540 U.S. 551 (2004). In that case, a special agent for the U.S. Bureau of Alcohol, Tobacco, and Firearms mistakenly omitted the exact items sought in a search warrant. The target of the search warrant later sued law enforcement officers for violating their Fourth Amendment Rights. However, law enforcement argued that they retained qualified immunity—meaning they were legally immune while doing their jobs unless they violate a clearly established constitutional right. On appeal, the U.S. Supreme Court decided that an incorrectly written search warrant could result in any evidence obtained being excluded from trial and that law enforcement did not have qualified immunity from being sued. Groh is significant because it solidifies the warrant requirement but also because it narrows the mistake justification for retaining qualified immunity in cases involving the search warrant particularity requirement to nearly zero tolerance.

Describe any significant pro bono work you have done in your career.    

As an attorney practicing real estate law prior to my election to Jefferson County District Court bench, I did not encounter opportunities for pro bono work. However, I believe that community service is incredibly valuable. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

It is critical that judges work consciously to be fair and impartial, while at the same time be compassionate and understanding. 

Claudette Patton, District Court, 15th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Claudette Patton, and Mary Jude Wolford. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have experienced someone close to me being incarcerated and the impact made me more empathetic and aware of the 24/7/365 impact on every facet of family, work and personal life. As a judge I will follow my judicial philosophy to ensure truth, justice, fairness and ethics prevail in my courtroom.     

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

Judges are not to be biased, intimidated or influenced by political outcomes.  While judges can show compassion, they are to follow the facts of a case, take action based on evidence presented and rule on applicable statute.  

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

I greatly admire Kentucky Supreme Court Justice William Eugene McAnulty Jr. (October 9, 1947 – August 23, 2007).  He was the first African American Justice on the Kentucky Supreme Court and served on every court level in the state.  Justice McAnulty was a longtime supporter of the Legal Aid Society of Louisville and was an early advocate for the establishment of their HIV/AIDS legal advocate program. 

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

Kentucky is one of 13 states where the public elects judges in nonpartisan elections. That means our judicial candidates are nonpartisan and do not advocate for specific policy positions that they may have to rule on later. Kentucky judicial candidates run on the premise that they will apply the law fairly and equitably based upon the current law.   

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?    

The criminal justice system cannot exist without the trust and confidence of the people. Both judges and police should be held accountable to legal, conduct, and ethical standards to support the integrity of our system.  Should standards not be followed then efforts should be coordinated to rectify the matter.  

How can judges support successful community reentry?    

Judges can help support successful re-entry and reduce recidivism by encouraging individuals to work with education, mentor, financial, social services, and family counseling resources. These important steps and treatment programs will help individuals with a successful community re-entry.      

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

No

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

To help relieve any over-population of Kentucky’s jails, judges should take into consideration the type of offense (violent v. nonviolent), risk of harm to the community and the victim, but also the safety of the incarcerated. Judges should have the discretion to look at the facts and circumstances of each individual person and case when considering bail or pretrial incarceration

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

Gideon v. Wainwright (1963) is an important U.S. Supreme Court decision that is important because the result of the case was defendants in all criminal cases must be provided legal counsel if they cannot afford it.  In 1961, Clarence Earl Gideon was arrested and charged with a felony in Florida—breaking and entering with the intent to commit a misdemeanor. A drifter with an eighth-grade education, Gideon was unable to afford his own attorney and asked the judge to provide him with legal counsel. Gideon’s request was denied because the precedent was that only defendants tried in capital offenses were provided with legal representation. Gideon represented himself in his trial but was found guilty and sentenced to five years in prison. In prison, Gideon crafted his own appeal and petitioned his conviction to the Supreme Court, who agreed to examine his case and determined it was a violation of Gideon’s Sixth Amendment right to legal counsel.  This landmark decision left an enormous impact on the law, ensuring the most vulnerable defendants would have access to legal representation and their Sixth Amendment rights would be protected. This ruling ensured the right to legal counsel was evenly applied across all states as well. 

Describe any significant pro bono work you have done in your career.    

My pro bono work encompasses 25+ years of community service providing free legal assistance to individuals and nonprofits who could not afford the cost of legal counsel.  My services include client representation in many areas including, child victims of sexual abuse, domestic violence, elder abuse, mental health, criminal record expungement and others.  I also volunteer for family law matters with the Louisville Legal Aid Society.  When the Kentucky Bar Association asked attorneys across the state to volunteer for the disability clients who were victims of fraud by Attorney Eric Conn and others, I volunteered as counsel for many families struggling in Appalachia.  I also volunteer my time to teach a certified continuing legal education course on well-being for attorneys, judges and law students who are struggling with mental health and addiction issues.  

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Many of the reasons responsible for high rates of minority incarnation are the result of established policy.  Judicial officers are not policy makers.   However, policy reform around pretrial justice measures could help reduce minority incarceration.  Pretrail measures such as a three-pronged approach to community safety, emphasis upon innocent until proven guilty, and detention being used only for the most serious violent charges could be paramount to fairness and justice.

Mary Jude Wolford, District Court, 15th Division (Jefferson County)

All Jefferson County voters can vote in this race. The candidates running for this position are Claudette Patton and Mary Jude Wolford. Both candidates responded.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

I have not been incarcerated, but throughout my career I have handled thousands of criminal cases and dealt with defendants being taken into custody on a regular basis. I cannot emphasize enough the weight of the decision to convict someone to jail, and I recognize the seriousness and impact of that decision. It puts not only an individual’s liberty, but also their housing, employment, custody of their children, health, and more at risk. Each defendant deserves an individualized approach that provides the necessary context for that case and upholds the dignity and respect of that person.

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

It is the judge’s responsibility to uphold the law, but it is also a judge’s responsibility to ensure each defendant is given a fair trial and thereby avoid unwarranted conviction and deportation. A judge must stay up-to-date on the research and data detailing the factors behind disproportionate immigration consequences, and ensure that the necessary resources are provided to address language and cultural barriers that may increase the likelihood of such consequences. Additionally, the judge must recognize that other factors may be involved, such as addiction or mental illness. 

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?  

Like many others, I have a deep admiration and affection for U.S. Supreme Court justice Ruth Bader Ginsburg.  However, I like to focus on local issues and individuals, so I would have to say that the individual Kentucky Supreme Court justice whom I most admire is William McAnulty, our first African-American to be elected to Kentucky’s Supreme Court. While Justice McAnulty had a long list of accomplishments and served at all four levels of Kentucky state courts, the thing that makes me admire him most is his humor. He possessed a self-deprecating manner that put everyone at ease, and which I believe lead to his impressive ability to find common ground among his colleagues—a skill that is sorely missing in our world today.  

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

The thing about Dobbs v. Jackson Women’s Health that resonates most with me is the devastating effect it is having on women’s personal liberty—liberty to make deeply personal decisions about their families, their bodies, and their health.  This ruling takes away, for the first time ever, a constitutional right that has been exercised for decades—one which has allowed women to make real progress in their economic status and toward personal and educational goals. Moreover, this ruling will fall hardest on those who already have barriers to health care and socio-economic mobility: the young, the poor, and those living with disabilities. 

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

Yes. Misconduct of any kind should never be tolerated in the court system, as an individual’s freedom and liberty are at stake. In order to hold the criminal justice system accountable, familiarity with the police department’s policies is critical. More extensively, we need qualified judges with criminal experience who can recognize potential misconduct, and are not afraid to address these situations and elevate them to higher levels of authority.   

How can judges support successful community reentry?    

Recidivism is a serious and complex issue that impacts both the individual and their family. Returning citizens face significant barriers to accessing housing, mental health services, and gainful employment that offer the earnings and benefits needed for a healthy, stable life. As a judge, I would support the community-based organizations and employers that provide the supportive environment and services needed for returning citizens to thrive. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

I have. As an attorney, I was approached by a neighbor who had gotten involved with an unscrupulous attorney on a probate matter. The attorney was extorting their client for additional fees and taking advantage of their state of grief. I advised the neighbor to report the behavior to the Kentucky Bar Association for investigation. Attorneys are officers of the court, meaning they must maintain the highest ethical standards. Unfortunately, of course, this is not always the case. Improving the overall integrity of our court system is a primary motive in my bid for District Court Judge. 

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

It is the responsibility of the judge to ensure that individuals are held in jail only when absolutely necessary. My 7 years serving as an Asst. Jefferson County Attorney has granted me the difficult but necessary foundation for determining which defendants should be detained and which should be released on their on recognizance. The judge must consider the safety of the community, the requirement that the defendant return for the next court date, and the likelihood that the defendant will pick up new charges. It is a delicate balance, but jail is always a last resort and in some cases, home incarceration may be a good option. When the judge feels she must detain a defendant, she must set an appropriate, equitable bail that falls within the affordability for that defendant. 

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

The case Kansas v. Glover, 140 S.Ct. 1183 (2020) deals with a very common legal issue in criminal cases: a Fourth Amendment issue of whether an officer has reasonable grounds to stop someone. In this case, a deputy ran the license plate of a moving car (no traffic violation was alleged) and discovered that the owner had a revoked driver’s license. The deputy figured that the driver was likely the owner and pulled the vehicle over, charging the driver who was, in fact, the owner. The state court granted the defendant’s motion to suppress the evidence based on lack of reasonable suspicion to stop the vehicle. The U.S.Supreme Court held that the investigative stop was lawful because the deputy was reasonable in inferring that the driver of the vehicle was the non-licensed owner. The Court found that the deputy had acted on more than a “hunch” and used permissible common sense assumptions and probabilities. 

Describe any significant pro bono work you have done in your career.    

The greatest concentration of pro bono work in my career occurred when I served in Family Court as a Parent’s Attorney on the Dependency, Neglect, and Abuse docket. In addition to their legal issues in Family Court, many of my client’s had underlying problems with such areas as landlord-tenant, divorce, custody, and discrimination. I was happy to be able to help them work through these additional legal problems, and get back on the road to becoming a better parent. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

We have to acknowledge that our criminal justice system’s role in the high rates of minority incarceration speaks to a much larger issue of racism, xenophobia, and personal bias that is embedded into our society. It is much more than an individual’s racial, ethnic, or cultural identity. Disproportionate rates of incarceration begin with where an individual is born, what neighborhood they grew up in, were they subject to adverse childhood experiences?, where did they attend school?, were they able to attain secondary education?, what employment opportunities were accessible for them?, and so forth. As a judge, one must be keenly aware of this context and how disparities play a role in your courtroom. Every human being is subject to personal bias. Our judges must recognize these factors, and understand that addressing one’s personal bias is lifelong work.  

Jamir Davis, District Court, Division 2 (Kenton County)

All Kenton County voters can vote in this race. The candidates running for this position are Jamir Davis and Kenneth Easterling. Easterling did not respond.

Have you or anyone close to you been incarcerated? If yes please share the impact and how it would affect your work as a judge. If no how will you consider the impact of the decision to incarcerate someone without direct experience?    

Yes, It impacted our family dynamics and family structure. It had a direct impact on the protection and confidence of children in our family. I would look at decisions that I make from the lenses of making sure the entire family is considered.  

Non-citizens may face mandatory deportation if convicted of certain offenses. What role if any should judges play in making sure cases are resolved in ways that avoid disproportionate immigration consequences?    

As a former football player for the University of Kentucky, I learned the incredible value of teamwork and how to work well with people from different backgrounds to accomplish a common goal. My opponent is out of touch with the needs of the community and does not understand what equity for the people of Kenton County looks like.

What well known U.S. or Kentucky Supreme Court judge (living or deceased) do you most admire?    

N/A

What parts of the U.S. Supreme Courts Dobbs v. Jackson Women’s Health decision resonate most or least with you?    

N/A

Do you believe police misconduct in our criminal justice system needs addressing? What role if any do the courts have in addressing this issue?  

As a practicing attorney and former executive director of a state civil rights office, I have represented a wide variety of clients, ranging from small business owners to victims of civil rights violations. In every situation, I have made it a point of emphasis to ensure my clients are treated with civility and respect and that the law is properly applied in every situation regardless of race, color, national origin, sexual orientation, gender or disability.  

How can judges support successful community reentry?    

My work as a rehabilitation counselor allowed me the experience of working with individuals battling drug and alcohol addiction and struggling with learning disabilities or mental health disorders; the majority of repeat offenders struggle with one or more of these issues. My opponent has shown that he is unequipped to manage these individuals and does not understand their needs, creating an atmosphere that puts our community at risk. 

Have you as a judge or in your work as an attorney had to address another attorney’s misconduct? How did you approach that and what steps did you take to report or rectify the misconduct?    

Yes, please see the attached article. https://missionlocal.org/2022/03/sfpd-sanctioned-for-withholding-evidenc...

What role do judges play in helping to relieve the over population in Kentucky’s jails? What specific actions could judges take to relieve this overcrowding?    

As a judge you must look at every option to ensure that you are putting people in a situation where they are not a risk to themselves, the community or their families. I will take a wholistic approach to judging weigh every option.

Identify one of the most significant U.S. Supreme Court decisions on criminal justice issues in the past 30 years and explain why you consider it important.    

N/A 

Describe any significant pro bono work you have done in your career.    

I worked with families in my community to help them navigate eviction. 

What do you believe are the causes of the high rates of Black and Brown incarceration? And what changes can judges make to reduce these numbers?

Over incarceration, limited resources and limited business opportunities.