For Additional CopiesThanks to a grant from the State Justice Insti-tute, copies of this handbook will be providedat no charge as a service to Kentucky journal-ists. To request additional copies of this hand-book, contact:

Office of Public InformationAdministrative Office of the Courts

100 Millcreek ParkFrankfort, KY 40601

502-573-2350 or 800-928-2350lhiatt@kycourts.net

Copies also available on www.kycourts.net

Reporter’s Handbook onCovering Kentucky CourtsFirst Edition, April 2004

This handbook was developed under a grantfrom the State Justice Institute. Points of viewexpressed in this handbook are those of the authorsand do not necessarily represent the official positionor policies of the State Justice Institute or otherorganizations that contributed to it.

Acknowledgments

T he Reporter’s Handbook on Covering Kentucky Courts was produced as part ofthe 2003-2004 Bench/Media Program of theKentucky Court of Justice. It was developedby the Court of Justice, the Kentucky PressAssociation and the Kentucky BroadcastersAssociation under a grant from the StateJustice Institute.

This project was made possible through theongoing support of Chief Justice of KentuckyJoseph E. Lambert, who has consistentlypromoted better understanding of the roles ofthe courts and the media in our democracy,and by the contributions of the journalists andlawyers who comprise the HandbookAdvisory Committee:

Bob SchulmanHandbook Committee Chair;

Veteran Journalist and Commentator

Ed StaatsHandbook Co-Editor;

Former Chief of Bureau,Associated Press/Kentucky

David M. WilkisonHandbook Co-Editor;

Former Chief of Bureau,Associated Press/Kentucky

Linda Sorenson EwaldAssociate Dean, University of LouisvilleLouis D. Brandeis School of Law; Chair,

Ethics Committee, Kentucky Bar Association

Jon L. FleischakerMedia Law Attorney

Dinsmore & Shohl LLP

Dan GoyetteExecutive Director, Louisville Metro

Public Defender’s Office

David GreerMember Services Director

Kentucky Press Association

Leigh Anne HiattPublic Information Officer

Administrative Office of the Courts

Cicely LambertDirector

Administrative Office of the Courts

Michael LosavioManager of Education Services

Administrative Office of the Courts

Jim OgleSenior Vice President of News/

News Director, WKYT-TV

David ThompsonExecutive Director

Kentucky Press Association

Gary WhitePresident/CEO

Kentucky Broadcasters Association

Richard WilsonRetired Reporter, The Courier-Journal;

Former Chair, CommunicationsDepartment, University of Kentucky

ContentsIntroduction 1

Judicial Proceedings 2Access to Civil Proceedings 2Access to Criminal Proceedings 4Miscellaneous Proceedings 5Access to Jurors 6Cameras in the Courtroom 7

Structure of State Courts 8District Court 9Circuit Court 10Family Court 10Speciality Courts 11Court of Appeals 13Supreme Court 14

Structure of Federal Courts 15Magistrate Court 15U.S. District Court 15U.S. Bankruptcy Court 16Sixth Circuit Court of Appeals 16U.S. Supreme Court 17

Court Process 17Civil 17Criminal 21Federal Sentencing 25State Sentencing 26Civil Records 27Criminal Records 30Juvenile Records 31Miscellaneous 32

Professional Conduct/Lawyers & Judges 33

Kentucky Court of Justice 42

Reporter’s Tips 43Trial Courts 43Appellate Courts 48

Other Resources 52

Contacts/Directory of Circuit Court Clerks 60

Glossary 63

Introduction

I t does not take a sensational trial for the courts to make news. The justice system is aconstant source of public interest and popularentertainment; therefore, coverage of the courtsremains a vital part of the media’s responsibil-ity to the public.

Accurate and insightful reporting on the courtsrequires learning the judicial process. Criticalinformation is available to the reporter whoknows where and how to find it, but the triedand true reporter’s admonition applies to thisas it does every other beat: Don’t be afraid to askquestions! To know what you don’t know is criti-cal, particularly with a subject as complex asthe courts. It is far better to admit your lack ofknowledge up front than to have it proven inprint or on the air. Remember, judges may notbe as imposing as they seem and attorneysoften will explain the intricacies of the law whenasked.

This handbook is meant to help the reporterunderstand the courts of Kentucky. Written inlay language, it provides insight on court orga-nization, the trial process, lawyer and judgecooperation, and background information.Reporting tips in the handbook are for yourinformation and are not intended to take theplace of advice by your editor or yourorganization’s attorney.

We hope this handbook promotes richerreporting on the administration of justicethroughout our great Commonwealth.

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A Reporter’s Access to Judicial

Proceedings

The Supreme Court of Kentucky said insupport of media access to court proceedings:

“The principle that justice cannot survivebehind walls of silence is so deeply imbeddedin our Anglo-American judicial system as togive our people in today’s modern society adeep distrust of secret trials ... One of thestrongest demands of a democratic system isthat the public should know what goes on intheir courts. This demand can only be met bypermitting them to be present in person andby permitting the press, who have the facilitiesto properly inform them, to be present upontheir behalf.”

Johnson v. Simpson, Ky.,433 S.W.2d 644, 646 (1968)

Access to Civil Proceedings

What civil court proceedings are open to thepublic?Alert: Civil proceedings differ from criminalproceedings. They are usually personal legalactions relating to and affecting rights of thelitigants.

• The U.S. Supreme Court and Kentuckycourts have held that civil court proceedingsare presumed to be open to the public, but thatpresumption may be overcome in limitedcircumstances.

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• Journalists have the same right of access tocivil judicial proceedings as any other memberof the public.

When can a civil court proceeding be closedto the public?• Although civil court proceedings and recordsare presumed to be open for inspection to thepublic, courts have limited authority to closeproceedings and seal records. To close civilproceedings or seal records, a court must weighthe interests of the party seeking closure againstthe public’s right of access to the proceeding.

• The party seeking closure must demonstrate:1) Right or interest is sufficiently important towarrant closure. 2) Less-restrictive alternativesto closure will not be sufficient. 3) Right orinterest will be protected by a closed proceedingor sealed record.

What can you do if you believe a civil courtproceeding or record is or has beenwrongfully closed?• Voice your objection to the judge when themotion is made to close; ask for a hearing andtime to call your attorney. But if the judgeoverrules your objection, you must leave thecourtroom if the proceeding is closed.

• If you want to contest closure of a courtproceeding or the sealing of records, consultyour editor and/or an attorney. Your attorneyshould make a motion to intervene to open thecourt proceeding and request a hearing. Duringthis hearing, the court will balance the public’sright of access against the party’s reasons forclosure. While balancing these interests, the

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court must consider whether there arecompelling reasons to close the proceeding andwhether viable alternatives to closure exist.

• If the court denies the motion to intervene orrefuses to grant a hearing, you may immediatelybring an action in an appeals court by a writ ofprohibition or a mandamus.

Access to Criminal Proceedings

What proceedings are open to the public?Alert: Criminal court proceedings differ fromcivil court proceedings as the prosecution ofcrimes is always a government action ratherthan one of private parties. Further, the FirstAmendment rights of the press may beweighed against the Fourth, Fifth and SixthAmendment rights of a defendant to a faircriminal trial.

• Criminal court proceedings are presumed tobe open to the public, but may be closed inlimited circumstances.

• This presumption applies to any pretrialproceedings, such as pretrial suppressionhearings (when a party seeks to refuse to allowevidence to be produced for use in litigation).

• Journalists have the same right of access tocriminal judicial proceedings as any othermember of the public.

When can a criminal court proceeding beclosed to the public?

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• Although criminal court proceedings andrecords are presumed to be open for inspectionto the public, courts do have limited authorityto close proceedings or seal material that hasbeen stricken from the record or to sealdocuments that are part of the record. To closea proceeding or seal court records, a court mustweigh the interests of the party seeking closureagainst the public’s right of access to theinformation.

• The party seeking closure must demonstrate:1) Right or interest is sufficiently importantto warrant closure. 2) Less-restrictive alterna-tives to closure will not be sufficient. 3) Right orinterest will be protected by a closed proceedingor sealed record.

• A defendant’s constitutional right to animpartial jury is a factor to be considered inbalancing the right of access to a courtproceeding.

What can you do if you believe a criminal courtproceeding has been wrongfully closed or arecord wrongfully sealed?• The same procedures outlined concerningthe closure of a civil court proceeding wouldapply.

Miscellaneous & Other Kindsof Court Proceedings

Are juvenile proceedings open to the public?• No. KRS 610.070 provides for closed juvenileproceedings and confidential records.

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Are grand jury proceedings open to thepublic?• No. By law, grand jury proceedings are closedto the public.

Are Family Court proceedings open to thepublic?• Family Court proceedings, such as divorce,custody, child support and domestic violenceare generally open to the public. But KRS403.310 does allow the court to exclude thepublic from a custody hearing if the courtdetermines that a public hearing may bedetrimental to the child’s best interests. AFamily Court judge may also seal records orclose proceedings for the same reasons as civilproceedings or records may be closed orsealed.

• Family Court proceedings for dependency,neglect, abuse, termination of parental rightsand adoptions are not open to the public.

Access to Jurors

What are the limitations on access to jurors?• The court proceedings where potential jurorsare questioned in court (voir dire) during theselection of the jury is presumed to be open.

• Once jurors are selected, they are sworn notto discuss the matter with anyone and toinform the judge if anyone asks them aboutthe case. This would also apply to a reporterasking them questions. Such questioning of ajuror might require the trial to be canceled orother sanctions applied.

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• Jury deliberations are not open to the public.

• During a trial, the court has the power torestrict access to jurors.

• Once a trial is over, a state court no longerhas any power to restrict access to jurors, but ajudge may tell jurors they do not have to talkto reporters. That does not prevent the reporterfrom trying.

Cameras & Other Recording Devicesin the Courtroom

Are cameras or recorders allowed in thecourtroom?• Federal Courts: Federal courts do not allowstill or video cameras or audio recorders in thecourtroom, and often ban them from thecourthouse.

• State Courts: In state courts, judges havebroad discretion to allow cameras and audiorecorders. Kentucky allows video and stillcameras in the courtroom at the discretion ofthe judge.

• Shooting video or still pictures must takeplace from a fixed location and be unobtrusive.

• Microphones are not permitted to pick upaudio of attorney-client conversations,conversations among co-counsel, orconferences at the judge’s bench.

• Requests for camera coverage, which neednot be in any particular form, should be made

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to the presiding judge. Generally only one videocamera is allowed in the courtroom. The mediamust make pool arrangements to conform tothe judge’s coverage orders.

• For more specific rules on sound, light,location of cameras in the courtroom, courtroomlight sources and impermissible uses of mediamaterial in the courtroom, see the SupremeCourt of Kentucky’s Standards of Conduct andTechnology Governing Electronic Media and StillPhotography Coverage of Judicial Proceedings.

The Structure of Kentucky Courtswww.kycourts.net

T here are four levels of court in Kentucky. The appellate courts include the SupremeCourt and the Court of Appeals. The trialcourts are divided into Circuit Court, whichhas general jurisdiction, and District Court,which has limited jurisdiction. Kentucky’sfour-tier court system was established by thepassage of the Judicial Article to the KentuckyConstitution in 1975, which went into effect July15, 1976. The Judicial Article created the Courtof Justice as an independent branch ofgovernment separate from the Executiveand Legislative branches and from local countyand city governments.

Kentucky’s trial courts first hear the facts andissue judgments on those facts. Appeals courtsmay be asked to review the judgment of anothercourt to see if a mistake was made. An appealscourt generally cannot hear any new evidenceand must rule on what was presented to the

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trial court. Kentuckians have the right to oneappeal per lawsuit. Beyond this one “matter ofright” appeal, further appeals are discretionaryand the appellate court may refuse to reviewsuch cases.

District Court

District Court, often referred to as “thepeople’s court,” has limited jurisdiction.“Limited jurisdiction” means District Courtmay handle those kinds of cases the KentuckyGeneral Assembly has, by statute, said maybe heard in District Court. Juvenile matters,city and county ordinances, traffic offenses,probates of will, felony preliminary hearingsand civil cases involving $4,000 or less are allheard in this court. Cases involving guard-ianship, conservatorship, voluntary orinvoluntary commitment, child abuse andneglect, and domestic violence are also heardin District Court. Appeals from District Courtdecisions are made to the local Circuit Court.

Judicial districts vary in size and number ofjudges based on population and caseload.Judicial districts vary from single-county,multiple judges to four-county districts servedby a single district judge who travels the districthearing cases. There may also be trialcommissioners appointed to handle emergencyor preliminary judicial duties, particularlywhere a judge does not reside in a county.

District judges serve four-year terms.

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Circuit Court

Circuit Court is the court of general jurisdictionand can hear all types of cases unless theGeneral Assembly has given exclusive juris-diction of particular kinds of cases to anothercourt to handle, such as District Court.

Circuit Court hears civil matters involving morethan $4,000, capital offenses and felonies,divorces, adoptions, termination of parentalrights, land dispute title problems andcontested probates of will. Circuit Court hasthe power to issue injunctions and writs ofprohibition and mandamus to compel orprohibit acts, and to hear appeals from DistrictCourt and administrative agencies.

Judicial circuits vary in size and number ofjudges based on population and caseload, fromsingle-county, multiple judges to four-countydistricts served by one judge who travels thecircuit. Circuit judges may be assisted by mastercommissioners on property matters and bydomestic relations commissioners on divorceand custody matters in counties with no FamilyCourt. Appeals from Circuit Court are made tothe Court of Appeals.

Circuit judges serve eight-year terms.

Family Court

Family Court is a division of Circuit Court andbecame a permanent part of the court systemwhen the Family Court Amendment wasoverwhelmingly passed in the 2002 generalelection.

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Family Court judges are judges of the CircuitCourt. Family Court hears only cases involvingfamilies and children and its jurisdictionincludes dissolution of marriage; spousalsupport and equitable distribution; childsupport and visitation; paternity; adoption;domestic violence; dependency, neglect andabuse; termination of parental rights; andrunaways and truancy (status offenses).Appeals from Family Court are made to theCourt of Appeals.

Today Family Court serves nearly 2 millionKentuckians in 42 counties and the programis considered a national model. There are plansto implement Family Court in all 120 countieswithin 10 years of the passage of the amend-ment, as funding allows.

As Circuit Court judges, Family Court judgesserve eight-year terms.

Specialty Courts

“Specialty Courts” are actually divisions ofeither District Court or Circuit Court whichcollect and hear cases of a particular type toimprove case management, either for reasonsof efficiency or to provide special services orattention to those kinds of cases.

Small Claims Court (District Court)Small claims is a division of District Court. It isan informal, inexpensive means for people tofile claims in disputes that involve money orpersonal property valued at $1,500 or less.Parties involved in small claims actions canrepresent themselves without an attorney.

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Juvenile Court (District Court)Juvenile Court is a division of District Court.Cases involving children under the age of 18are handled in Juvenile Court. Cases filed inJuvenile Court include dependency; neglect andabuse; status offenders, such as runaways;children who are consistently tardy fromschool and those who have behavioralproblems or are beyond adult control; andpublic offenders (delinquency), which includechildren charged with misdemeanors andfelonies. In jurisdictions where there is a FamilyCourt division of Circuit Court, the FamilyCourt will hear matters of dependent, neglectedand/or abused children, as well as statusoffenses when no public offense is pending. Allother juvenile matters remain within thejurisdiction of Juvenile (District) Court.

Children charged with more serious felonies,such as rape or murder, may be transferredfrom Juvenile Court to Circuit Court to be triedas adults and, if convicted, imprisoned first ina juvenile facility and later in an adult prison.

In most cases, the first contact the child haswith delinquency proceedings is through acourt designated worker (CDW). CDWsinterview children, review charges filed againstthem and advise the children of their rights.Unlike other District Court and Circuit Courthearings, which are open to the public, JuvenileCourt hearings are closed to the public.However, once a juvenile has been transferredto Circuit Court to be tried as an adult, thoseCircuit Court proceedings as open to the publicas any other Circuit Court criminal proceeding.

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Drug Court (Circuit, Family and District Courts)Drug Court is a form of intensive judicialsupervision of individuals with drugproblems. Instead of immediate incarcerationfor drug use, Drug Court participants mustregularly report before the judge regardingcompliance with a drug rehabilitation program.

Drug Court has had a significant impact onreducing rearrest, reconviction and reincar-ceration rates. The program has saved theCommonwealth more than $14.5 million for thefirst 1,000 Drug Court graduates, based onoutcome evaluations. Drug Court is supportedby federal and state funds.

Court of Appeals

With a few exceptions, most cases appealedfrom Circuit Court go to the Court of Appeals.Nearly all cases go to the Court of Appeals onappeal of a trial decision of the Circuit Court oron appeal of a decision of the Circuit Court of aDistrict Court judgment.

The case is not retried at the appeals level.Instead, the original trial record is reviewed,with attorneys presenting the legal issues tothe court for a decision. Fourteen judges, twoelected from each of the seven appellate districts,serve on the Court of Appeals for terms of eightyears.

Court of Appeals judges are divided into panelsof three to review and decide cases, with themajority deciding the outcome. The panels donot sit permanently in one location, but move

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about the state to hear appeals. The Court ofAppeals occasionally “publishes” its rulingson cases, such that those rulings become thegoverning case law for all such similar casesin the trial courts of Kentucky.

Supreme Court of Kentucky

The Supreme Court is the state court of last resortand the final interpreter of Kentucky law. TheSupreme Court may order a ruling or opinion“to be published,” meaning that the rulingbecomes the case law governing all similarcases in the future in Kentucky.

Appeals involving the death penalty, lifeimprisonment or imprisonment for 20 years ormore go directly from Circuit Court to theSupreme Court. All other appeals must first beheard by the Court of Appeals, except those soexceptional that the Supreme Court will granta request to bypass the Court of Appeals.Appeals from the Court of Appeals, exceptworkers’ compensation appeals, reach theSupreme Court only with the court’spermission.

Seven justices sit on the Supreme Court and allseven justices rule on appeals before the court.The justices are elected from seven appellatedistricts and serve eight-year terms. A chiefjustice, chosen for a four-year term by fellowjustices, is the administrative head of the state’scourt system and is responsible for itsoperation. In addition, the Supreme Courtestablishes rules of practice and procedure forall Kentucky judges and attorneys.

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Federal Courtswww.uscourts.gov

F ederal courts include Magistrate Court,District Court, Bankruptcy Court, the Circuit

Courts of Appeals and the U.S. Supreme Court.

U.S. Magistrate CourtU.S. Magistrate Court is similar to Kentucky’sDistrict Court in that it is a court of limitedjurisdiction and is normally the preliminaryentry point for criminal cases into the federalsystem. Magistrate judges are appointed by amajority of the active District Court judges inthe district and serve eight-year terms.

A magistrate judge’s jurisdiction varies bydistrict because specific duties are establishedby each District Court’s local rules and orders.Generally, magistrate judges conductpreliminary proceedings in criminal cases;conduct trials and dispose of misdemeanorcases with the defendant’s consent; and hearpretrial motions, discovery issues, evidentiaryhearings, pretrial conferences and otherproceedings involving civil and criminal cases.

U.S. District Court for the Western and EasternDistricts of Kentuckywww.kywd.uscourts.govwww.kyed.uscourts.govU.S. District Court is similar to Kentucky’sCircuit Court. It has general jurisdiction of civiland criminal cases. Kentucky is divided intotwo districts and is in a four-state “circuit”under the jurisdiction of the Sixth Circuit Court

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of Appeals. Nationally, there are 94 districtsand 12 circuits.

The Western District of Kentucky covers53 counties and is headquartered in Louisville.Other District Court sites are in Owensboro,Bowling Green and Paducah.

The Eastern District of Kentucky covers 67counties and is headquartered in Lexington.Other District Court sites are in London,Frankfort, Ashland, Covington and Pikeville.U.S. district judges are appointed by thepresident of the United States with the adviceand consent of the U.S. Senate. They serve forlife.

U.S. Bankruptcy Court for the Western andEastern Districts of Kentuckywww.kywb.uscourts.govwww.kyeb.uscourts.govThe U.S. Bankruptcy Court is part of the U.S.District Court that deals exclusively withbankruptcy proceedings. Bankruptcy judgesare appointed by a majority of the DistrictCourt judges in the U.S. District Court ofAppeals and serve 14-year terms. There is nostate equivalent because all bankruptcyproceedings must be conducted in federalcourts.

U.S. Sixth Circuit Court of Appealswww.ca6.uscourts.govAppeals of U.S. District Court decisions areheard by the Sixth Circuit Court of Appeals inCincinnati, Ohio. The Sixth Circuit hasjurisdiction over Kentucky, Ohio, Tennessee

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and Michigan. Circuit judges are appointed bythe president, with the advice and consent ofthe U.S. Senate. They serve for life.

Normally a three-judge panel hears an appeal,although in rare, important cases all of thejudges will sit together to rule on a case(en banc). The Sixth Circuit may order anopinion published, which means the case lawof that opinion becomes the governing law forall federal courts within the Sixth Circuit statesof Kentucky, Ohio, Tennessee and Michigan.

U.S. Supreme Courtwww.supremecourtus.govAfter a case is decided by the Circuit Court ora state supreme court, a party may appealthe decision to the United States SupremeCourt. For most cases, the U.S. Supreme Courthas discretionary review and decides whichcases it will hear. It is extremely rare for theSupreme Court to accept a lower court case forreview, but all of the rulings of the SupremeCourt are published and become the governinglaw for all federal and state courts on the issuesdecided.

Court ProcessHow Things Get Done in Court

Civil CasesCivil cases in both federal and state courtsinvolve a legal dispute between two or moreparties. A plaintiff may seek money tocompensate for an injury or may ask the courtto order the defendant to stop conduct that iscausing harm. The court may also order other

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types of relief, such as a declaration of the legalrights of the plaintiff in a particular situation.

Alert: Court process in civil cases is differentfrom that in criminal cases.

ComplaintTo begin a civil lawsuit, the plaintiff files acomplaint with the court and serves a copy ofthe complaint, along with a summons, on thedefendant. The complaint contains allegationsdescribing the plaintiff’s injury, how thedefendant caused the injury and asks the courtto order relief. The complaint generallyincludes all of the plaintiff’s theories of recovery− some of which may contradict each other −as well as the amount of money or other reliefsought. Once filed, the complaint is assigned acase number and a presiding judge. Amendedcomplaints are often filed later to reflect changesin the allegations, claims or relief sought.

RemovalCivil cases are sometimes “removed” to federalcourt from a state court. If a civil case is initiatedin state court and involves a federal legalquestion (involving, for example, a federalstatute or the U.S. Constitution), the defendantmay remove the case to be adjudicated in federalcourt. Also, if the parties are from different statesand the case involves at least $75,000, the casecan be removed to federal court under thecourt’s “diversity” jurisdiction. However, if anyof these issues that create jurisdiction areremoved from the case, such as a ruling by thecourt, the case can be sent back to state court.

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AnswerOnce the complaint is filed, the court issues acivil summons or “process” to be served uponthe defendant. The defendant has a limitedtime to respond to the complaint’s allegationsin an answer. The answer addresses eachallegation of the complaint and raisesaffirmative defenses, such as that the statuteof limitations has run out.

DiscoveryTo prepare a case for trial, the litigants mayconduct discovery. In discovery, the litigantsmust provide information to each other aboutthe case, such as the identity of witnesses andcopies of any documents related to the case.The purpose of discovery is to prepare for trialby requiring the litigants to assemble theirevidence and prepare to call witnesses. Eachside also may file requests, or motions, with thecourt seeking rulings on the discovery ofevidence or on the procedures to be followedat trial. One common method of discovery isthe deposition. In a deposition, a witness isrequired to answer under oath questions aboutthe case asked by the lawyers in the presence ofa court reporter, who transcribes verbatim theresponses. Reporters are not generally allowedto attend deposition sessions.

SettlementLitigants often decide to resolve a civil lawsuitby settlement. Settlement may be achieved inan informal setting or by mediation orarbitration in lieu of trial. If a case is settled, theplaintiff usually signs a release and dismissesthe claim against the defendant. Many releases

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and settlement agreements contain confiden-tiality clauses that prohibit the parties fromdiscussing the case.

TrialIf a case is not settled, the court will schedulea trial. In a wide variety of civil cases, eitherside is entitled to a jury trial. If the partieswaive their right to a jury, then the case willbe heard by a judge without a jury, otherwiseknown as a bench trial. At a trial, witnessestestify under the supervision of a judge.Witnesses are kept out of the courtroom, orsequestered, until it is time for them to testify.A court reporter keeps a record of the trialproceedings. A deputy clerk of court alsokeeps a record of each person who testifies andmarks for the record any documents,photographs or other items introduced intoevidence.

At the conclusion of the evidence, each side givesa closing argument to demonstrate that theevidence supports their side of the case. In ajury trial, the judge will explain the law that isrelevant to the case and the decisions the juryneeds to make. This is done through the processof instructing the jury and the jury will be givenwritten instructions that explain what theymust do.

The jury generally is asked to determinewhether the defendant is responsible forharming the plaintiff in some way and thento determine the amount of damages thedefendant will be required to pay. In a civil case,the plaintiff must convince the jury by a“preponderance of the evidence” (more likely

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than not) that the defendant is responsible forthe harm the plaintiff has suffered. This“burden of proof “ is less than that required ina criminal case.

Criminal CasesIn federal criminal prosecutions, the U.S.attorney represents the United States as theprosecutor. Criminal cases in Kentucky arefiled by the Commonwealth or individualcounties against individuals or organizationssuspected of committing crimes. TheCommonwealth or counties, represented bythe Office of the Kentucky Attorney General,commonwealth’s attorney or county attorney,is responsible for filing charges againstdefendants and prosecuting such cases.

Grand JuryThe grand jury reviews evidence presented bythe prosecutor and decides whether there issufficient evidence to require a defendant tostand trial. If there is, then the grand jury indictsthe defendant. Grand jury proceedings areclosed to the public.

Initial Appearance & BailAt an initial appearance (which may also bethe arraignment), a judge advises the defendantof the charges filed and considers whatconditions will ensure appearance at trial or ifthe defendant should be held in jail. Defendantswho cannot afford to hire a lawyer are advisedof their right to a court-appointed lawyer.

Alert: A defendant has the benefit of thepresumption of innocence at this point. There

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is a right to a reasonable bail so a defendantwill not be imprisoned prior to a determinationof guilty or not guilty. Both federal and statelaws support the release of a defendant pendingtrial unless significant evidence is presentedthat he or she will abscond.

This process begins with consideration ofrelease on recognizance, or personal promise,to return to court. The state’s power to detaina defendant, while presumed innocent, isrestricted and consideration of release on hisor her promise to appear is a primaryconsideration. Misunderstanding the natureand requirements for bail and pretrial releasehas been a point of contention among lawyers,journalists and judges.

ArraignmentThe defendant enters a plea to the chargesbrought by the prosecutor at a hearing knownas an arraignment. Many defendants pleadguilty rather than go to trial in return for thegovernment agreeing to drop certain chargesor to recommend a lenient sentence. If thedefendant pleads guilty, the judge may imposea sentence at that time, but usually will schedulea separate sentencing hearing. If the defendantpleads not guilty at the arraignment, the judgewill schedule further action on the case. InDistrict Court these proceedings may berecorded on audiotape or digital CD. In CircuitCourt they may be recorded by a court reporteror videotape.

Preliminary Hearing in District CourtIf a person is arrested and charged with a felony,he or she is entitled to a preliminary hearing in

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District Court. This is to determine if there isprobable cause that he or she committed thatcrime and should be bound over to the grandjury to consider an indictment and be held injail, or placed on bail pending grand jury action.

Evidence relating to the offense may bepresented to the court if the defendant asks atthe hearing, but sometimes a defendant may“waive” having a hearing (such as with theagreement that he or she will be released onbail pending action by the grand jury). And, ifthe grand jury indicts a defendant before thepreliminary hearing, that establishes probablecause and no hearing is held. The defendantnext appears for his or her arraignment inCircuit Court.

District Court does not have jurisdiction todecide felony cases. Even if District Court findsthere is no probable cause a felony wascommitted, a grand jury may later indict adefendant for that same crime. But sometimesthe prosecutor will reduce a felony charge toa lesser included misdemeanor and the casewill then be handled in District Court.Depending on the facts, the double jeopardyprotections may prevent any further prose-cution of that crime. An example is in vehicularhomicide cases where a defendant will quicklyplead to a traffic offense and avoid a possiblefelony homicide prosecution.

Discovery & Motions to Exclude Evidence(Suppression)Criminal cases include pretrial discovery, butit is much more limited than in civil cases. Andfederal criminal discovery is much more limited

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than in Kentucky state prosecutions, whereprosecutors will often permit “open file”discovery by defense counsel.

The attorneys also may file motions, which arerequests for rulings by the court before thetrial. For example, defense attorneys often filea motion to suppress evidence, which asks thecourt to exclude from the trial evidence thatthe defendant believes was obtained by thegovernment in violation of the defendant’sconstitutional rights.

Plea BargainThe plea bargain is the equivalent of thesettlement of a civil case. Most criminal casesresult in a plea bargain in which the defendantpleads guilty to lesser charges or to a lessersentence. Plea bargains are often reduced towriting and filed in the court record.

TrialIn a criminal trial, the burden of proof is on thegovernment. Defendants do not have to provetheir innocence. Instead, the government mustprovide evidence to convince the jury of thedefendant’s guilt “beyond a reasonable doubt.”If a defendant is found not guilty by a jury, thedefendant is released and the government maynot appeal. Nor can the person be chargedagain with the same crime in a federal court.The Constitution prohibits “double jeopardy,”or being tried twice for the same offense.

In federal court, lawyers may define for the jurywhat “beyond a reasonable doubt” means. Instate court this is prohibited.

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In very rare cases, a judge will make a summaryruling that there is insufficient evidence to finda defendant guilty. In state court this is called a“directed verdict.” The judgment may not beappealed and is final, but the prosecutor maytake up the issue on appeal to have the appealscourt tell the Circuit Court it was wrong. Infederal court this is called a “judgment ofacquittal,” but the judgment is not final andthe prosecutor may appeal the judgment. If thecase wins on appeal, it is sent back to the trialcourt for a trial.

Guilty Verdict & Sentencing in Federal Courtwww.ussc.govIf the verdict is guilty in a federal criminal case,the judge determines the defendant’s sentenceaccording to guidelines issued by the UnitedStates Sentencing Commission for the year thecrime was committed. These guidelines areavailable at www.ussc.gov.

The probation office prepares a report for thecourt that applies the sentencing guidelines tothe individual defendant and the crimes forwhich he or she has been found guilty. Duringsentencing, the court may consider not only theevidence produced at trial, but all relevantinformation that may be provided by thepretrial services officer, the U.S. attorney andthe defense attorney. Even crimes of which thedefendant was acquitted may be considered forsentencing. A sentence may include time inprison, fines of up to $250,000 per felony to bepaid to the government and restitution to bepaid to crime victims.

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Guilty Verdict & Sentencing in State CourtIf the verdict is guilty in a Kentucky criminalcase, then the court conducts a sentencingphase of the trial wherein the jury (or judge ina bench trial) may hear additional evidenceand then recommend a sentence to the judge.Usually a final sentencing hearing is laterset, giving time for the preparation of apre-sentence report.

Because Kentucky does not have extensiveguidelines as in federal court, a Kentuckyjudge has greater sentencing discretion than afederal judge. Within statutory limits, thejudge imposes the final sentence and maylessen the sentence recommended by the juryafter reviewing a pre-sentence report of thedefendant’s background prepared by theDepartment of Corrections.

Victims may submit a Victim Impact Statementto the probation officer to be included in thepre-sentence report. A sentence may includetime in prison; fines up to $10,000 or doublethe gain from the crime, to be paid to thegovernment; and restitution to be paid tocrime victims.

Information on crimes and sentencing optionsis available at www.lrc.state.ky.us (click onLegislative Resources, KY Revised Statutes,Title & Chapter). Primary criminal statutes areunder Title L, the Penal Code, but many crimesand punishments are scattered throughout theKentucky Revised Statutes.Guilty Verdict & Sentencing in Capital Cases

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In all cases where a defendant may receive thedeath penalty, a jury must make that decisionand recommend that the death penalty begiven.

Judicial RecordsThe Supreme Court of Kentucky has stated:

“We recognize that the government belongsto the people, that its activities are subject topublic scrutiny, and that the news media is aprimary source for protecting the right topublic access. This right includes the public’s‘right to inspect and copy public records anddocuments, including judicial records anddocuments.’”

Courier-Journal & Louisville Times Co. v. Peers,Ky., 747 S.W.2nd 125, 128 (1988)

Civil Court Records

What civil court records are available forinspection by the public?• The U.S. Supreme Court and Kentucky courtshave held that all civil court records arepresumed to be open for inspection by thepublic. The term “court record” generally refersto all documents filed with the court and main-tained by the court in the court file.

• The entire court record is generally open forinspection. This usually includes all pleadings(such as complaint, answer, motions), courtorders and discovery that have been filed withthe court.

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• Other documents filed with the court, suchas findings of an arbitration panel, are alsousually open for inspection by the public.

• Even though records of proceedings inJuvenile Court are generally closed to publicaccess, a juvenile’s medical, mental orpsychological records are open to the public,but only when they are presented as evidencein a proceeding in Circuit Court.

Where can you find civil court records thatare open to the public?• Court records are generally found in the Officeof Circuit Court Clerk for the county in whichthe case is pending.

• If a case is no longer active, the records willremain for a period of time in the circuit courtclerk’s office for the county in which the casewas pending. After a case file has been removedfrom the clerk’s office, you can request a copyof the case file from the state archives. Thisrequest can be made through the circuit courtclerk’s office.

• You can search records located in a circuitcourt clerk’s office by using the public accesscomputer in that office. Records may besearched either by using the party’s name orthe docket number. It is recommended that yousearch by the docket number, if you have accessto that information, because simply using aparty’s name can pull up cases involving otherpeople. The clerk’s office should providewritten directions on how to use the computersystem.

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What civil court records are closed to thepublic?• Although civil court records are presumedto be open to the public for inspection, courtshave limited authority to seal material that hasbeen stricken from the record or to sealdocuments that are part of the record. To sealcivil court records, a court must weigh theinterests of the party seeking closure againstthe public’s right of access to the information.

• Kentucky statutes also grant courts limiteddiscretion to seal records involving childcustody, child support and domestic violence.A court may seal such records if the courtdetermines that disclosure of the informationcould be harmful to the custodial parent or tothe child.

• You should be cautious of documents sealedin envelopes within a court file. Any time youencounter documents filed in a sealedenvelope in a court file, you should proceedwith the course of action outlined in the sectionon contesting the closure of civil court records.Do not open sealed records without a courtorder giving you permission to do so.

• Often parties to a lawsuit will agree to settle alawsuit before it goes to trial. The parties willfile a motion dismissing the case with the court,but will not file the settlement agreement withthe court. The parties often incorporate into thesettlement agreement a confidentiality clausethat they will not disclose the terms of thesettlement. Because this agreement is not filedwith the court, and therefore is not a courtrecord, such a clause is generally acceptable.

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What can you do to contest the closure of civilcourt records?• Should you want to contest closure of civilcourt records, consult with your editor and/or attorney. Your attorney should make amotion to intervene in the civil suit and to unsealthe records and request a hearing. During thishearing, the court will balance the public’s rightof access against the rights of the party seekingclosure of records. While balancing theseinterests, the court must consider whether thereare compelling reasons to close the records orwhether viable alternatives to closure exist.

• If the court denies the motion to intervene orrefuses to grant a hearing, you may immediatelybring an action in an appellate court by a writof prohibition or mandamus.

Criminal Court Records

What criminal court records are open to thepublic?• The U.S. Supreme Court and Kentucky courtshave held that all criminal court records arepresumptively open to the public for inspection.

Where can you find criminal court records thatare open to the public?• Criminal court records are generally foundin the Office of Circuit Court Clerk. The circuitcourt clerks in Kentucky also serve as the clerksof District Court.

• You may search the records by using thepublic access computer terminal located in theclerk’s office. Cases can be found by using any

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combination of the following search criteria:defendant’s name, defendant’s last knownaddress, defendant’s Social Security numberand case docket number.

• The computer terminals are generally locatedin the Office of Circuit Court Clerk. Each officeshould provide directions for using itscomputer system. There is also limited docketinformation available for pending cases bycounty at dockets.kycourts.net.

What criminal court records are closed to thepublic?• Although criminal court records arepresumptively open to the public, a court hasthe limited discretion to seal criminal courtrecords if it determines the defendant’s right toan impartial jury outweighs the public’s rightof access to the information.

What can you do to contest the closure ofcriminal court records?• The same procedures outlined for the closureof civil court records apply to contesting theclosure of criminal court records.

Juvenile Court Records

Are Juvenile Court records open to the public?• As a general rule, Juvenile Court records areclosed to the public. The exceptions to thisgeneral rule are outlined as follows:

• Kentucky statutes open a limited class ofJuvenile Court records to the public for

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inspection. The petition, order of adjudicationand disposition of cases where a juvenile isadjudicated for committing the followingoffenses are open to the public for inspection:1) An offense that would constitute a capitaloffense or a Class A, B or C felony if the childwere an adult.

o Class A felony requires a jail sentencebetween 20 and 50 years.o Class B felony requires a jail sentencebetween 10 and 20 years.o Class C felony requires a jail sentencebetween five and 10 years.

2) An offense in which a deadly weapon wasused or displayed.

Miscellaneous

• Keep in mind that the Kentucky Open RecordsAct does not govern judicial records. It governsonly records maintained by state publicagencies. It is the First Amendment andcommon law that require judicial records to beopen to the public.

• The circuit court clerk is the keeper of therecords of the courts. Good relations with theclerk and deputy clerks can help you learn howthe records are kept and how to access them.

• Work on cases occurs at different times andplaces. Depending on case activity, a case fileand the documents therein may be in thecourtroom, the judge’s office, the judge’ssecretary’s office, the clerk’s office, on a deputyclerk’s desk or in the main filing area. Be patientin looking for this information.

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Professional Conduct

of Lawyers & Judges

I t is important for the reporter to know the rules of conduct judges and lawyers mustfollow. Rules governing lawyer conduct canbe found at:

www.kybar.org(Click on Public Access, Legal Resources,

Supreme Court Rule 3, Index.)

The Kentucky Rules of Professional Conductset minimum standards of conduct for lawyersand can be found in Supreme Court Rule (SCR)3.130. The Kentucky rules were adopted in 1990and are based on the American Bar AssociationModel Rules of Professional Conduct, thoughthere are some variations. The prior rules wereknown as the Code of Professional Respon-sibility, and some lawyers and judges still usethat terminology to refer to the current rules.Violation of the Rules of Professional Conductmay result in professional discipline, includingpermanent disbarment.

The Rules of Professional Conduct describe themultiple obligations of lawyers − as represen-tatives of clients, officers of the court andpublic citizens with a special responsibility forthe quality of justice. The rules cover a broadrange of subjects, including fees, advertising,pro bono service and conflicts of interest, butthose that reporters most likely will encounterrelate to public statements about pendingmatters, client confidentiality, candor to thetribunal and fairness to third persons.

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Public StatementsBecause lawyers play such an important rolein the legal process, they may be subject torestrictions on their public statements whichcould not be imposed on ordinary citizens. Alawyer is an advocate who also has a respon-sibility to preserve the right to a fair trial.

Thus, Kentucky Rule of Professional Conduct3.6 prohibits lawyers from making extra-judicial statements likely to be disseminatedto the pubic that will have a substantiallikelihood of materially prejudicing a legalproceeding. Of particular concern arestatements made in connection with civil caseswhere juries are involved, or any criminalmatter or other proceeding that might resultin incarceration.

Client ConfidentialityOne of the fundamental principles of theattorney/client relationship is confidentiality.In order for the relationship to be fullydeveloped, the client must be assured that heor she can be candid with the lawyer and thatthe lawyer will not disclose informationacquired in the course of the representation.

The duty of confidentiality is reflected inKentucky Rule of Professional Conduct 1.6,which provides that a lawyer shall not reveal“information relating to the representations ofa client.” This rule applies to all information,not just information obtained from the client.There are exceptions. The client can either giveexpress consent or implied consent to therelease of information. In addition, a lawyermay reveal certain confidential information

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when necessary to prevent the client fromcommitting a crime that may result in deathor substantial bodily harm, or when the lawyerbecomes involved in a dispute or chargesinvolving the representation of the client anddisclosure is necessary to establish a claim ordefense.

There also may be situations in which a lawyeris required to disclose otherwise confidentialinformation to avoid assisting in thecommission of fraud or perjury. It should alsobe noted that, in addition to the ethical rulesthat protect client information, the evidentiaryrule of attorney/client privilege generallyprotects against compelled testimony by thelawyer regarding communications between thelawyer and the client.

When Confidentiality May Take Second PlaceWhile the rules recognize the importance ofconfidentiality in the attorney/client rela-tionship, they also recognize there are circum-stances where the lawyer’s duty as an officer ofthe court may override his or her obligation toprotect client confidences.

Rule of Professional Conduct 3.3 describes thelawyer’s duty of “candor to the tribunal.” Thelawyer is prohibited from making falsestatements to the court, from misleading thecourt or from offering false evidence. In somecases, if false evidence has been offered (aswhere a client or witness has testified falsely)and the lawyer learns of the falsity before theconclusion of the proceeding, the lawyer musttake “reasonable remedial measures.”

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In some cases, if the witness or the client refusesto correct the false evidence, the lawyer may beobligated to advise the court, even if in doingso the lawyer has to disclose otherwiseprotected information. On the other hand, thismay conflict with the lawyer’s duties to hisclient. This is one of the most difficult areas oflegal ethics for lawyers.

Duty to Third PartiesAlthough the lawyer’s primary obligation is tothe client, he or she does have ethicalresponsibilities to third parties. For example,Rule 1.2 provides that a lawyer shall notcounsel or assist a client in conduct that iscriminal or fraudulent. Rule 3.4 requires thelawyer to treat others fairly in the trial process,and Rule 8.3 makes it professional misconductfor a lawyer to engage in conduct involvingfraud, deceit or misrepresentation. This latterprovision authorizes discipline for dishonestconduct unrelated to the practice of law.

Ethics Advice to LawyersThe Kentucky Bar Association Ethics HotlineCommittee answers inquiries from lawyersregarding their own contemplated conduct.Although a hotline opinion is only advisory, itwill insulate the lawyer from discipline if hecomplies with the advice. The Ethics Committeealso drafts formal ethics opinions on matters ofgeneral interest to the bar. The KBA Board ofGovernors must approve formal opinionsbefore publication.

Admission and Discipline of LawyersThe Supreme Court of Kentucky has theexclusive authority to set the standards for

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admission to the bar. The basic requirementsinclude graduation from an American BarAssociation accredited school, possession ofgood moral character and general fitness, andpassage of the Kentucky Bar Examination,including the Multistate ProfessionalResponsibility Examination. The SupremeCourt has delegated its responsibility foradministration of the admissions process to theKentucky Board of Bar Examiners.

The Supreme Court also has responsibility forestablishing the rules of the profession and fordisciplining lawyers who violate those rules.The Supreme Court has delegated much of theresponsibility for discipline to the KentuckyBar Association, which processes complaintsalleging unethical conduct by lawyers.Although the procedures may vary from caseto case, the typical case involves a complaintby an individual (often a former client), whichis filed with the Kentucky Bar Association.Following an initial investigation, the matteris referred to the Inquiry Commission. Thecommission (or a three-person panel),comprised of both lawyers and nonlawyers,determines whether the complaint should bedismissed or a charge should be filed.

If the commission determines that probablecause exists, then a charge is prepared andserved on the lawyer. If there are factualquestions, then there is a full hearing before atrial commissioner, appointed by the SupremeCourt, who makes findings and recommen-dations with regard to the charge anddiscipline, if any. If either party appeals the

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recommendations of the trial commissioner, thematter is reviewed by the Kentucky BarAssociation’s Board of Governors, which, forthis purpose, includes four nonlawyers.Ultimately, all discipline cases end up beforethe Supreme Court, which issues the final order.Discipline may range from private admon-ishment to permanent disbarment.

Rules Governing Judicial ConductThe Kentucky Rules of Judicial Conduct setminimum standards of professional conductfor judges. The rules can be found in SCR 4.300and are based on the 1972 American BarAssociation model. The code contains five“canons,” followed by rules and commentary.The judicial rules focus primarily on judicialindependence, impartiality, conflicts of interest,and judicial elections and political activities.Because the public confidence is critical to themaintenance of a strong judiciary, the rulesgovern not only judicial activities but alsoextrajudicial activities as well.

Judges are obligated to avoid improper conductand the “appearance of impropriety.” Like therules applicable to lawyers, the Code of JudicialConduct prohibits a judge from making publiccomments on pending or impending mattersthat might affect the fairness of a trial. This ruledoes not prohibit a judge from making publicstatements in his or her official capacity or frommaking statements that would assist the publicin understanding the procedures of the court.Judges who violate the judicial code may besanctioned under the procedures set out in SCR4.000–4.290. Possible sanctions include private

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reprimand, censure, suspension, retirement orremoval.

Commissions & CommitteesGoverning Judicial Conduct, Process

Judicial Conduct CommissionThe Judicial Conduct Commission (JCC) is theonly entity under the Kentucky Constitutionauthorized to take disciplinary action againsta sitting Kentucky judge. This commission,composed of appellate, circuit and districtjudges, lawyers and nonlawyer citizens of theCommonwealth, investigates and reviewscomplaints against judges and, wherewarranted, conducts hearings regarding thealleged misconduct where evidence ispresented. Possible sanctions for misconductrange from private, confidential reprimands forminor technical violations to removal fromoffice for major misconduct. The decisions ofthe JCC are reviewed directly by the KentuckySupreme Court.

Judicial Nominating CommissionThe Judicial Nominating Commission isresponsible for coordinating the replacementof judges who leave the bench due toresignation, retirement or death. The process toappoint a replacement judge between electioncycles is as follows:

The executive secretary of the JudicialNominating Commission sends a notice ofvacancy to all attorneys in the judicial circuitor the judicial district affected. Attorneys canrecommend someone or nominate themselves.

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Once that occurs, the individuals interested inthe position return a questionnaire to the Officeof Chief Justice. The chief justice then meets withthe Judicial Nominating Commission to choosethree nominees. The credentials of these threenominees are sent to the governor for review.The names of the applicants are not released.However, once the Judicial NominatingCommission has determined the names of thethree finalists to be sent to the governor forselection, these names are made available tothe public and the media. When the governorappoints the replacement, the governor’s officemakes that announcement.

Judicial Ethics CommitteeThe Judicial Ethics Committee consists of threejudges and two attorneys. The Kentucky BarAssociation Board of Governors appoints theattorneys. The judges represent District Court,Circuit Court and the Court of Appeals, andare either appointed or elected. The committeeserves in an advisory capacity by giving judgesand judicial candidates guidance on prospec-tive conduct.

The committee responds to inquiries regardinga variety of matters, including permissiblecampaign conduct, when disqualification froma case is necessary, and other possible conflictsof interest in financial and personal matters.The committee issues formal opinions only formatters of statewide importance. Recentpublished opinions can be found atwww.kycourts.net (click on AdministrativeOffice of the Courts, State Law Library, JudicialEthics Opinions), while opinions going backto 1978 are housed in the Capitol.

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Senior Status Program for Special JudgesThe Senior Status Program for Special Judgesresulted from legislation adopted by the 2000General Assembly. Senior status judges areoften appointed to handle a single case ormultiple cases when a sitting judge is unableto preside for a variety of reasons such as illness,vacation or a conflict of interest. Senior judgesmay also be assigned by the chief justice toassist in clearing caseloads in areas thatexperience heavy court activity. The assign-ment is temporary but can extend for severalweeks or months depending upon thecircumstances.

Judges whose age and years of service equalsor exceeds 75 may elect senior status uponretirement, which means they are open toaccepting these temporary, short-term assign-ments. The Senior Status Program for SpecialJudges allows experienced judges to continuecontributing to Kentucky’s court system. Thesejudges are often available on short notice totravel wherever needed throughout theCommonwealth.

Judges serving in the Senior Status Program forSpecial Judges must agree to serve 120 days ayear for five years. Senior status judges do notreceive a salary, only an enhanced retirementbenefit.

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Guide to the

Kentucky Court of Justicewww.kycourts.net

T he Administrative Office of the Courts (AOC) supports the activities of more than3,300 Kentucky Court of Justice personnel,including the elected offices of justices, judgesand circuit court clerks. Nearly 200 of theemployees work at the Central Office inFrankfort with the remaining employeesworking at offices throughout the state.

The AOC director works closely with the chiefjustice to ensure the Court of Justice fulfillsits statutory duties as stated in the KentuckyConstitution:

• Act as fiscal agent of the Court of Justice.• Provide citizens with safe, efficient, cost-effective judicial facilities.• Maintain data processing systems.• Disperse and maintain supplies andequipment for the court system.• Administer personnel policies and payroll.• Oversee pretrial and juvenile servicesprograms.• Provide continuing education programs forjudges, circuit court clerks and support staff.• Prepare and print stationery, manuals,forms and other materials.• Supervise the State Law Library.• Handle media requests and publicinformation for the courts.

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Reporter’s Tips for Writing

Court-Related Stories

Trial Courts

C overing a trial can be daunting. Here are some tips to make the task easier:

• Theoretically, reporters should be able toreview most of a defendant’s criminal case fileand any motions by going to the Office of CircuitCourt Clerk. However, legal briefs on motionssometimes do not make their way into acriminal file, so reporters may have to seek outcopies directly from a judge’s chambers or bycontacting the prosecutor or defense lawyer.Arguments on motions are conducted in opencourt. • Work in the courthouse whenever possible.Time spent in the courthouse will help youcultivate sources who can send important tipsand information your way. Because there arefew schedules of courthouse hearings, a helpfulstaffer can be your best ally in covering thecourts.

• If your newsroom does not subscribe to adatabase service, you may want to consider itto help cover criminal cases. Voluminousinformation is available in seconds, includingaddresses, past addresses, neighbors andformer neighbors, and unlisted phone numbersof the people you are researching. This kind ofquick access is especially helpful in the hoursand days following big news events such ashomicides.

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• It may help to know as much as possibleabout a lawyer before seeking an interview.Newspaper archives are helpful, as are onlineresources such as www.martindale.com.

• Remember that attorneys are advocates. Indiscussing a client’s case, they have theirclient’s best interests in mind. Don’t be afraidto ask them to explain unfamiliar proceduresor points of law as they walk you through acase. Do not make the dangerous mistake ofassuming or guessing. • Lawyers who shy away from the mediashould be reminded that their “no comment”could result in one-sided coverage that wouldnot serve their clients well in the court of publicopinion. • Lawyers often ignore some details that areimportant to journalists. Their written briefsusually do not include ages or hometowns,specific locations of accidents or relevantinformation on what has occurred since theincident at issue or since the lawsuit was filed.Remember to ask. • During pretrial activities, one side or the other$$$− or the court on its own motion − may get theidea that a case would be easier to conductwithout the news media present. Know yourrights and protest if a judge tries to close thecourtroom. Ask for time to inform yoursupervisor and seek legal counsel.

• Get copies of everything in the case recordand read it before the trial begins.

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• Before the trial begins, introduce yourself tothe judge and the attorneys for both sides. Thiswill make it easier to approach them later ifyou have questions.

• Jury selection − the legal term is voir dire − isopen to the public. Attend if time permits. It canprovide insight into the attorneys’ trialstrategies.

Alert: A criminal defendant has a consti-tutional right to a fair and impartial jury. Thisis so fundamental that a trial, at additionalexpense and inconvenience, may be moved toanother county from that where the casebegan. Be aware that this can happen wherethere has been extensive, current newsreporting on a case of significance to thecommunity.

• Some judges will permit reporters to attendmotion hearings in their chambers during atrial. Ask the judge if you may attend. Importantmotions entered during such hearings mayinfluence a trial’s outcome.

• In criminal cases, all jurors must agree toreach a verdict. But the rules are different forcivil cases. In Circuit Court civil cases, three-fourths of the jurors (nine of 12) must agree toreturn a verdict. In District Court civil cases,five-sixths of the jurors (five of six) must agreeto return a verdict.

• When writing court-related stories, avoidlegal jargon. Use plain language. Readers arenot attorneys. If you do not understand a legalterm or procedure, ask an attorney to explain it

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in plain language by walking you through it.Do not assume or guess what something means.Ask!

• While a defendant typically pleads “notguilty” to a charge, the style for most newsoutlets has been to use “innocent,” avoidingan easily made mistake of dropping the word“not” before “guilty.” The Associated PressStylebook, a guide followed by most news-papers, changes this recommendation in its2004 edition to say: “When possible, say adefendant was acquitted of criminal charges.Otherwise, not guilty is preferable to innocent,because it is more precise legally. (However,special care must be taken to prevent omissionof the word not.)” Reporters are advised toconsult with their editors to determine theirorganization’s preference.

• When writing a crime story, with an arrest,you need to know the following: Whathappened (details of the crime)? Was someonearrested? Who was arrested (name, age,hometown)? Does apprehended or “taken intocustody” mean arrested? When will chargesbe filed and where? Has an initial appearancebefore a judge been held? If so, where? Is theperson being held? Where and on whatcharges? Be clear on whether someone has beencharged. If a person has been arrested on thebasis of a warrant that charges them with acrime, say so in your story.

• If writing a crime story where a formal chargehas been issued, the same basics apply: Whowas arrested? What are they accused of doing?

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What is the formal charge? In which court wasthe charge filed? What are the possible penaltiesfor conviction? When is the next courtappearance? What happens then? Where is thedefendant being held? Or has he or she beenreleased on bail or personal recognizance? Hasthe defendant entered a plea? Who is yoursource? Be sure you quote someone who is in aposition to know. Quote your source by nameand title.

• If police say someone confessed, ask them toelaborate. Carefully weigh the value of reportingan alleged confession because the odds aregood the defense attorney will ask to have itthrown out.

• Make every effort to contact a defendant forcomment, even if he or she is in jail. If notsuccessful, note in the story what efforts weremade.

• Make the story interesting by quoting thepolice, the attorneys involved, prosecutors,neighbors and crime scene witnesses. Usepolice reports, court papers and affidavits filedin court to provide important details and color.

• Identify the police agencies investigating acrime. Be specific as to which agencies areinvolved. Don’t just say “police.”

• Make a distinction between the person whocommitted the crime and the arrested personwho is presumed innocent until proven guilty.

• Use of the word “allegedly” provides littlereal protection from libel. “Accused” is a better

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word. BAD: The former professional wrestler,who allegedly strangled his wife and threeneighbors, was charged Thursday with fourcounts of murder. BETTER: The formerprofessional wrestler, accused of strangling hiswife and three neighbors, was chargedThursday with four counts of murder.

• Avoid using terms such as “accused killer”or “alleged killer.” Instead, use a neutral termsuch as “arrested man” or “defendant.” Termssuch as “suspect” or “person of interest” shouldbe avoided.

• Avoid use of racial descriptions unlessrelevant to the story.

• Remember that lawyers (and sometimesjudges) want to “use” the media to win publicattention to some aspect of a case. Be aware ofwhen such information may require checkingwith other sources before publication.

Appellate Courts

A good story is worth repeating − the appeal ofa trial court decision is another opportunity forreportage. Although an appeal is technically areview of claims of mistakes made by the trialcourt, lawyers may argue their entire case topersuade the appeals court of the justice of theircase.

• The “appellant” is the loser before the trialcourt, usually on the entire case but occasionallyon just one issue. The appellant wants the trialcourt’s adverse ruling overturned or changedby the appeals court, usually on claims that the

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trial judge made a mistake that incorrectly ledto the “bad” ruling or judgment. The “appellee”is usually the winner before the trial court. Theappellee will usually argue that the trial judgedid not make a mistake at trial or, if one didoccur, it did not contribute to the final ruling orjudgment.

• Appeals proceed on written briefs filed bythe parties arguing their positions. Sometimesthe lawyers will give brief oral arguments tothe appeals court. Thereafter an opinion isissued. This may offer a follow-up story.

• The Court Record: With the appeal, the recordis collected and transmitted to the appellatecourt. This record includes all documents filedin the case; the videotape or written transcriptof all the proceedings; a videotape log, if videois used; and sometimes the exhibits. This meansthe record may be at the Court of Appeals officein Frankfort. The Court of Appeals is located at360 Democrat Dr., just off of I-64 at Exit 58 andcan be reached at 502-573-7920. The SupremeCourt is located on the second floor of theCapitol and can be reached at 502-564-5444.The record may also be in the office of the judgeassigned to write the opinion on the case. Acall to the court can help you locate the record.

• The videotape record, though not of broadcastquality, is often sufficient for insertion in a story,either video or audio, or videocapture for photo-like shots of the trial. The videotape log canhelp locate testimony and witnesses of intereston the videotape. The courts are moving to CDdigital recording of trials.

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• The Briefs: The opposing attorneys set out intheir briefs three useful sections about the case.The first is a brief procedural summary that isuseful for quickly learning the status of the case.

The second is a statement of the case thatrelates the facts of the trial, at least from theperspective of that attorney. The opposingattorney may file a competing statement of thefacts of the case or adopt the statement of theother side. Either way, the statement of the caseis useful to gain a sense of the details of trialtestimony without having to read or watchtranscripts or videos. There should also bespecific page or videotape references for factstatements, so you can more easily find whereparticular facts were testified to at trial andverify that the evidence is as the attorney claimsit is.

The third section is the argument of thelawyers, for and against. It is in this sectionthat the most colorful statements about the caseare made and the lawyers spin their sides ofthe story. The arguments will includestatements of facts and where those facts arefound in the case record. Some of those factsmay not be in the statement of the case. In anyevent, the arguments set up a dramatic conflictbetween the parties on the case itself.

• Oral Argument: Sometimes the lawyers arecalled to orally argue the appeal and answerquestions. They are given 15 minutes each tomake their case. The appellant goes first, theappellee then responds and the appellant maythen give a brief closing response. The oral

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arguments may offer additional insight intohow the lawyers and the judges feel about thecase. The oral arguments are recorded onvideotape.

• The Opinion: The appeals court will render adecision on the appeal. This opinion willcontain the appeals court’s statement of the factsof the case as it sees them, and the legalconclusions regarding any claims made thatthe case should be reversed or otherwisecorrected. This, again, offers another telling ofthe story as well as the verdict of the appealscourt on the appeal. Supreme Court and Courtof Appeals opinions are available at renditiontime on www.kycourts.net (click on SupremeCourt or Court of Appeals, SearchableOpinions).

• The majority of the time, the appeals courtdoes not change the ruling of the trial court,but affirms the trial court’s ruling or judgment.Even if a trial mistake is shown, if the appealscourt feels it did not affect the final outcome,the case is affirmed.

• In those cases where a trial mistake is provenand it is shown to have badly affected thecourt’s ruling or judgment, the case is“reversed” and then sent back to the trial courtfor a new trial or other court proceedings, inaccordance with the appeals court ruling. Onlyin exceptionally rare cases does the appeals courtact to, in effect, directly rule on a matter in placeof the trial court.

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• Appeal opinions may be “published” and“unpublished.” A published opinion isdistributed in the official law reports andbecomes part of the common law or interpretivelaw of Kentucky. An unpublished opinion onlydetermines the matter in that particular caseand is not distributed in the official law reports.

• As a “published” opinion actually becomesthe law of the land, published opinions have aspecial significance and can, in their own right,be grounds for reporting that improves publicunderstanding of the laws of the Common-wealth.

Other Resources

for Court Information

Kentucky Court of Justice Resourceswww.kycourts.net

T here are several ways the Administrative Office of the Courts, the administrativeoperation of the Judicial Branch, can assistjournalists and media outlets:

Liaison to the Court of JusticeThe AOC Office of Public Information isavailable to assist media outlets by serving as aliaison to the Kentucky Court of Justice.

Media Access to Court of Justice DataThe media has widespread access to Kentuckycourt records through several avenues.

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• Customized Reports: Reporters can requestcustomized reports on aggregate data from theAOC’s Research & Statistics Departmentat no charge. To request a report, you cane-mail the parameters of the report tolhiatt@kycourts.net or fax it to the attention ofthe public information officer at 502-573-0177.Include your name, the name of the media outletyou represent, the purpose for the data beingrequested and your deadline. Depending onthe complexity of the report and the volume ofwork being handled by the ResearchDepartment at the time of your request, theturnaround time may take from a few daysup to two weeks.

The AOC asks all reporters requesting areport to provide the exact Uniform OffenseReporting (UOR) Codes they want the report toinclude. The Kentucky Uniform OffenseReporting Codes are listed on the AOC Website at www.kycourts.net (click on Admin-istrative Office of the Courts, Research andStatistics, UOR Code List).

• Background Checks: Reporters can requestcopies of online court records, such asbackground checks, through a phone call, faxor e-mail to the Records Department at theAdministrative Office of the Courts. Infor-mation is generally turned around in 30minutes to an hour and sent back to the reporterby fax. The cost is $15 per record and the fee ispaid through an account set up for the mediaoutlet. This service is available Mondaythrough Friday from 7 a.m. to 11 p.m. To ordera record, contact:

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AOC Records Department502-573-1682 or 800-928-6381

Fax 502-573-1669pretrialcustomerservice@mail.aoc.state.ky.us

Please note that the data obtained fromCourtNet, the AOC’s online database, is not anofficial public record. Prior to use, media outletsshould verify the online records against theoriginal paper copy kept in the circuit courtclerk’s office. Due to the chance of human erroreach time the information is transferred frompaper copy and keyed into CourtNet, the papercopy kept by the circuit court clerk is consideredthe definitive record.

• Official Court Records: Reporters can requestcopies of paper records from the circuit courtclerk at each county courthouse. There is a25-cent charge per page to cover the staff timespent retrieving court records and the cost ofcopying.

• Reporters can also obtain a variety ofinformation from the Court of Justice Web siteat www.kycourts.net. Anyone can access allstate court dockets at www.kycourts.net (clickon Online Services, Court Dockets).

• It is also possible to search for opinionsreleased by the Supreme Court of Kentucky atwww.kycourts.net (click on Supreme Court,Searchable Opinions), and search for SupremeCourt case information at www.kycourts.net(click on Supreme Court, Case Information).

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Unified Court Database SystemKentucky has a unified court database system,which means that court statistics from all 120counties are centrally accessible through adatabase housed at the Administrative Officeof the Courts in Frankfort. Only a few statesoperate under this type of sophisticated system.The other states continue to house their courtrecords in individual counties.

Open Records LawCourt records are under the control of theSupreme Court of Kentucky and as such arenot subject to the Open Records Law.However, the Administrative Office of theCourts does release limited information whenappropriate.

Interpretation of Rules of PracticeThe courts operate under the Rules of Criminaland Civil Procedure, Supreme Court Rules andAdministrative Procedure. The AdministrativeOffice of the Courts provides support for theCourt of Justice. In that capacity, the AOC doesnot attempt to interpret the rules of practice foroutside entities.

Federal Courts Web Sites

Administrative Office of the U.S. Courtswww.uscourts.gov

The Administrative Office of the U.S. Courtsmaintains this site and serves as aclearinghouse for information related to theJudicial Branch of the federal government.

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U.S. Supreme Courtwww.supremecourtus.govFrom past decisions to the argument calendar,this site includes all things related to thenation’s highest court.

U.S. Sixth Circuit Court of Appealswww.ca6.uscourts.govThis site reviews appeals from U.S. DistrictCourt in Kentucky, Michigan, Ohio andTennessee, and from the U.S. Tax Court andcertain federal administrative agencies wherethe nongovernmental parties are from the statesthat comprise the Sixth Circuit. Some parts ofthe site are not free and require a login andpassword; see the Web site for additionalinformation about the PACER system. Asearchable database of Sixth Circuit opinionsalso can be found at www.findlaw.com (clickon US Law: Cases and Codes, 6th).

Federal Judicial Centerwww.fjc.govThe Federal Judicial Center is the education andresearch agency for the federal courts. Congresscreated it in 1967 to promote improvements injudicial administration in U.S. courts. The sitecontains the results of Federal Judicial Centerresearch on federal court operations andprocedures as well as court history.

U.S. District Court for Eastern Kentuckywww.kyed.uscourts.govU.S. District Court for Western Kentuckywww.kywd.uscourts.govThese sites include hearing schedules,information about judges, contact information

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for clerks and other information related to thecourts in the specific districts. Additional caseinformation can be accessed for a fee throughthe PACER service. For more information, callthe PACER Service Center at 800-676-6856.

U.S. Bankruptcy Court for the Eastern Districtof Kentuckywww.kyeb.uscourts.gov

U.S. Bankruptcy Court for the Western Districtof Kentuckywww.kywb.uscourts.govThese sites offer information and opinionsrelated to bankruptcy cases filed in Kentucky.

State Courts Web Sites

Kentucky Supreme Courtwww.kycourts.net (click on Supreme Court)

Kentucky Court of Appealswww.kycourts.net (click on Court of Appeals)

Kentucky Administrative Office of theCourtswww.kycourts.net (click on AdministrativeOffice of the Courts)

Kentucky Court of Justicewww.kycourts.netThis is a thorough guide to Kentucky courts,sponsored by the Administrative Office of theCourts.

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Kentucky Revised Statuteswww.lrc.state.ky.us (click on LegislativeResources, KY Revised Statutes). This siteincludes enactments through the 2002 regularsession.

National Center for State Courtswww.ncsc.dni.usThe National Center for State Courts providesinformation and assistance that helps the legalprofession better serve the public. Throughresearch, consulting services, publications andeducational programs, NCSC offers technologysolutions, collects and interprets data on courtoperations nationwide, and providesinformation on best practices.

Other Useful Web Sites

Kentucky Bar Associationwww.kybar.org

Louisville Bar Associationwww.loubar.org

Kentucky Department of CorrectionsOffender Search Submission Formwww.corrections.ky.gov (click on KOOLInmate Search). This is a searchable databaseof state inmates in the Kentucky prison system.

University of Kentucky College of Lawwww.uky.edu (click on Academic Programs,Law)

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University of Louisville Louis D. BrandeisSchool of Lawwww.louisville.edu/brandeislaw/

Northern Kentucky University Salmon P.Chase College of Lawwww.nku.edu/~chase

American Civil Liberties Union of Kentuckywww.aclu-ky.orgA nonprofit membership organizationdedicated to preserving individual freedoms.

The Louisville Law Newswirewww.louisvillelaw.com/lawwireLaw-related online news items with links toKentucky cases, courts and attorney headlines.

The Reporters Committee for Freedomof the Presswww.rcfp.orgA nonprofit organization dedicated toproviding free legal assistance to journalistssince 1970.

Power Reporting: Resources for Journalistshttp://powerreporting.comA journalist-run Web site that offers numerouslinks on various reporting subjects, includingcrime and law.

Martindale-Hubbellwww.martindale.comProvides information on attorneys nationwide.

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Contacts

Federal Telephone Numbers

U.S. District Court Clerk’s Office, EasternDistrict:Ashland: 606-329-8652, fax 606-329-2012Covington: 859-392-7925, fax 859-392-7929Frankfort: 502-223-5225, fax 502-223-3436Lexington: 859-233-2503, fax 859-233-2803London: 606-877-7910, fax 606-877-7915Pikeville: 606-437-6160, fax 606-432-5964

U.S. District Court Clerk’s Office, WesternDistrict:Bowling Green: 270-393-2500, fax 270-393-2519Louisville: 502-625-3500, fax 502-625-3880Owensboro: 270-689-4400, fax 270-689-4419Paducah: 270-415-6400, fax 270-415-6419

State Telephone Numbers

Kentucky Supreme Court Clerk: 502-564-5444, fax 502-564-5491

Kentucky Court of Appeals Clerk: 502-573-7920, fax 502-573-1590

Circuit Court Clerk Offices by County

Adair: 270-384-2626, fax 270-384-4299Allen: 270-237-3561, fax 270-237-9120Anderson: 502-839-3508, fax 502-839-4995Ballard: 270-335-5123, fax 270-335-3849Barren: 270-651-2561, fax 270-651-6203Bath: 606-674-2186, fax 606-674-3996Bell: 606-337-2942, fax 606-337-8850Boone: 859-334-3906, fax 859-334-3650Bourbon: 859-987-2624, fax 859-987-6049Boyd: 606-739-4131, fax 606-739-5793Boyle: 859-239-7442, fax 859-239-7000Bracken: 606-735-3328, fax 606-735-3900Breathitt: 606-666-5768, fax 606-666-4893

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Breckinridge: 270-756-2239, fax 270-756-1129Bullitt: 502-543-7104, fax 502-543-7158Butler: 270-526-5631, fax 270-526-6763Caldwell: 270-365-6884, fax 270-365-9171Calloway: 270-753-2714, fax 270-759-9822Campbell: 859-292-6314, fax 859-292-6593Carlisle: 270-628-5425, fax 270-628-5456Carroll: 502-732-4305, fax 502-732-8138Carter: 606-474-5191, fax 606-474-8826Casey: 606-787-6510, fax 606-787-2497Christian: 270-889-6539, fax 270-889-6029Clark: 859-737-7264, fax 859-737-7005Clay: 606-598-3663, fax 606-598-4047Clinton: 606-387-6424, fax 606-387-8154Crittenden: 270-965-4200, fax 270-965-4572Cumberland: 270-864-2611, fax 270-864-1227Daviess: 270-687-7327, fax 270-687-7062Edmonson: 270-597-2584, fax 270-597-2884Elliott: 606-738-5238, fax 606-738-6962Estill: 606-723-3970, fax 606-723-1158Fayette: 859-246-2141, fax 859-246-2530Fleming: 606-845-7011, fax 606-849-2400Floyd: 606-886-9902, fax 606-886-9075Franklin: 502-564-8380, fax 502-564-8188Fulton: 270-236-3944, fax 270-236-3729Gallatin: 859-567-5241, fax 859-567-7420Garrard: 859-792-2961, fax 859-792-6414Grant: 859-824-4467, fax 859-824-0183Graves: 270-247-1733, fax 270-247-7358Grayson: 270-259-3040, fax 270-259-9866Green: 270-932-5631, fax 270-932-6468Greenup: 606-473-9869, fax 606-473-7388Hancock: 270-927-8144, fax 270-927-8629Hardin: 270-766-5000, fax 270-769-6505Harlan: 606-573-7114, fax 606-573-5895Harrison: 859-234-1914, fax 859-234-6787Hart: 270-524-5181, fax 270-524-7202Henderson: 270-826-2405, fax 270)-831-2710Henry: 502-845-2868, fax 502-845-6738Hickman: 270-653-3901, fax 270-653-3989Hopkins: 270-824-7501, fax 270-824-7032Jackson: 606-287-7783, fax 606-287-3277

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Jefferson: 502-595-3055, fax 502-595-4629Jessamine: 859-885-4531, fax 859-887-0425Johnson: 606-789-5181, fax 606-789-4192Kenton: 859-292-6523, fax 859-292-6611Knott: 606-785-5021, fax 606-785-3994Knox: 606-546-3075, fax 606-546-7949Larue: 270-358-3421, fax 270-358-3731Laurel: 606-864-2863, fax 606-864-8264Lawrence: 606-638-4215, fax 606-638-0264Lee: 606-464-8400, fax 606-464-0144Leslie: 606-672-2503, fax 606-672-5128Letcher: 606-633-7559, fax 606-633-5864Lewis: 606-796-3053, fax 606-796-3030Lincoln: 606-365-2535, fax 606 365-3389Livingston: 270-928-2172, fax 270-928-2976Logan: 270-726-3108, fax 270-726-7893Lyon: 270-388-7231, fax 270-388-9135Madison: 859-624-4793, fax 859-625-0598Magoffin: 606-349-2215, fax 606-349-2209Marion: 270-692-2681, fax 270-692-3097Marshall: 270-527-1721, fax 270-527-5865Martin: 606-298-3508, fax 606-298-4202Mason: 606-564-4340, fax 606-564-0932McCracken: 270-575-7383, fax 270-575-7029McCreary: 606-376-5041, fax 606-376-8844McLean: 270-273-3966, fax 270-273-5918Meade: 270-422-4961, fax 270-422-2147Menifee: 606-768-2461, fax 606-768-2462Mercer: 859-734-6306, fax 859-734-9159Metcalfe: 270-432-3663, fax 270-432-4437Monroe: 270-487-5480, fax 270-487-0068Montgomery: 859-498-5966, fax 859-498-9341Morgan: 606-743-3763, fax 606-743-2633Muhlenberg: 270-338-4850, fax 270-338-0177Nelson: 502-348-3648, fax 502-331-9341Nicholas: 859-289-2336, fax 859-289-6141Ohio: 270-298-3671, fax 270-298-9565Oldham: 502-222-9837, fax 502-222-3047Owen: 502-484-2232, fax 502-484-0625Owsley: 606-593-6226, fax 606-593-6343Pendleton: 859-654-3347, fax 859-654-3405Perry: 606-435-6000, fax 606-435-6143

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Pike: 606-433-7557, fax 606-433-7044Powell: 606-663-4141, fax 606-663-2710Pulaski: 606-677-4029, fax 606-677-4002Robertson: 606-724-5993, fax 606-724-5721Rockcastle: 606-256-2581, fax 606-256-4569Rowan: 606-784-4574, fax 606-784-1899Russell: 270-343-2185, fax 270-343-5808Scott: 502-863-0474, fax 502-863-9089Shelby: 502-633-1287, fax 502-633-0146Simpson: 270-586-4241, fax 270-586-0265Spencer: 502-477-3220, fax 502-477-9368Taylor: 270-465-6686, fax 270-789-4356Todd: 270-265-2343, fax 270-265-2122Trigg: 270-522-6270, fax 270-522-5828Trimble: 502-255-3213, fax 502-255-4953Union: 270-389-2264, fax 270-389-9887Warren: 270-746-7400, fax 270-746-7501Washington: 859-336-3761, fax 859 336-9824Wayne: 606-348-5841, fax 606-348-4225Webster: 270-639-9160, fax 270-639-6757Whitley: 606-549-2973, fax 606-549-3393Wolfe: 606-668-3736, fax 606-668-3198Woodford: 859-873-3711, fax 859-879-8531

Glossary

AAccessory. One who aids or contributes in asecondary way.Acquittal. The legal and formal judgment thata person charged with a crime is not guilty.Adjudication. The judgment reached in ajudicial procedure.Affidavit. A written statement made under oathbefore a notary public or other authorizedofficial.

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Affirm. The ruling of an appellate court thatthe judgment of a lower court is proper andshould not be overturned.Amicus (Curiae). Means, literally, friend of thecourt. A person with strong interest in or viewson the subject matter of an action may petitionan appeals court for permission to file a brief asan Amicus Curiae. Such briefs are commonlyfiled in appeals concerning matters of a broadpublic interest, such as civil rights cases.Answer. The defendant’s formal response toallegations in a civil case.Appeal. Resort to a superior court (appellate)court to review the decision of an inferior (trial)court or administrative agency.Appellant. The party appealing a lower courtdecision or judgment to a higher court.Appellee. The party against whom an appealis filed.Arbitration. Dispute resolution by an impartial(third) person chosen by the parties to thedispute who agree in advance to abide by thearbitrator’s award issued after a hearing atwhich both parties have an opportunity to beheard. Intended to avoid the formalities, thedelay and the expense of ordinary litigation.Arraignment. The court appearance of aperson accused of a crime to hear the chargesagainst him or her and to enter a plea of guiltyor not guilty.

BBail. Security, usually in the form of money orproperty, is posted for the release of a jailedperson to ensure his or her appearance in court.Bailiff. An officer who maintains courtroomorder and jury custody.

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Bar Association. A collective body of attorneysqualified to practice law in a particularjurisdiction, such as the American BarAssociation and Kentucky Bar Association.Brief. A written or printed document filed incourt and prepared by counsel, usually settingforth both facts and law in support of a case.

CCapital Case. A criminal case in which thedeath sentence may be imposed.Chief Judge. The administrative head of aparticular division of state court, such as theCourt of Appeals, Circuit Court or DistrictCourt, who is responsible for the managementof individual courts. The Court of Appeals hasone chief judge elected by members of the court.Chief judges of the Circuit Court or DistrictCourt serve circuits or districts in which thereis more than one judge. These chief judges areeither appointed by the chief justice or electedby fellow members of their respective courts.Civil Suit. A personal legal action relating toand affecting only private rights. May requirepayment of damages, restoration of propertyor civil rights, or redress of some wrong.Class Action Suit. A suit involving a group ofpersons, things, qualities or activities, havingcommon characteristics or attributes.Closing Argument. A summary of evidencepresented to the jury by the attorneys in a trial.Codicil. A supplement or addition to a will.Commute a Sentence. The judge’s ability toreduce the recommended sentence of a jury.Compensatory Damages. Compensatorydamages are damages that will compensate the

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injured party for the injury sustained andnothing more.Complaint. Statement of allegations thatinitiates a civil case.Concurrent Sentences. Sentences that areserved at the same time.Consecutive Sentences. Sentences that followone another.Contempt of Court. Disregard or disobediencefor the authority of a court of law.Continuance. The adjournment or postpone-ment of a hearing, trial or other proceeding to asubsequent time.Conviction. The finding that a person is guiltyof a crime beyond a reasonable doubt.Counterclaim. A claim filed by a defendantagainst a plaintiff in a civil action.Criminal Case. Criminal court proceedingsdiffer from civil court proceedings in that theprosecution of crimes is always a governmentaction rather than that of private parties. It is alegal action to enforce laws enacted ostensiblyfor public protection, the violation of whichmay be punished by the deprivation of life orliberty in addition to monetary fines.Cross Examination. Questioning of a witnessby opposing counsel.

DDamages. Compensation that may be recoveredin court by any person who has suffered loss.Damages may be compensatory or punitiveaccording to whether they are awarded as themeasure of actual loss suffered or aspunishment for outrageous conduct and to deterfuture transgressions. Nominal damages are

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awarded for the vindication of a right whereno real loss or injury can be proved.Declaratory Judgment. A binding adjudi-cation of the rights and status of litigants.Default Judgment. Judgment against a partywho fails to plead or to take certain otherrequired steps within the time allowed, or failsto appear at the trial.Defendant. The person against whom a civillawsuit is started or a crime is charged.Deliberations. Jury discussions and consid-eration of the facts presented prior to reachinga verdict.De Novo. Literally, “of new.” Usually used todescribe a new trial or new review of an issueon appeal.Deposition. Testimony taken under oath andoutside the courtroom.Direct Examination. Questioning of a witnessby counsel who introduced the witness.Double Jeopardy. Second prosecution after afirst trial for the same crime.Due Process. Constitutional provision guaran-teeing fair and impartial treatment by thegovernment.

EEminent domain. The government power totake private property for public use.Ex Post Facto. Literally, “after the fact.” TheConstitution prohibits the enactment of ex postfacto laws − laws that permit conviction andpunishment for an act performed before the lawwas passed.Extradition. The surrender by one state orcountry to another of an individual accused orconvicted of an offense.

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FFelony. A crime of a graver nature than amisdemeanor that is punishable by death orimprisonment exceeding one year.

GGag Order. Order by the court, in a trial with agreat deal of notoriety, directed to attorneysand witnesses, not to discuss the case withreporters, such order being felt necessary toassure the defendant of a fair trial. Term mayalso refer to orders of the court directed toreporters not to report court proceedings orcertain aspects thereof. Such latter typeorders have been struck down by the SupremeCourt as being an unconstitutional obstructionof freedom of the press.

HHabeas Corpus. A writ (order) to bring a personbefore the court. In most common usage, thewrit is directed to wardens or jailers,commanding them to produce the body of theprisoner or person detained so that the courtmay determine whether such person islawfully confined.Hearsay. Evidence based on out-of-courtstatements of others rather than the knowledgeof a witness. Hearsay is generally inadmissible,but there are many exceptions.Hung Jury. A jury so irreconcilably divided inopinion that they cannot agree upon any verdict.

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IIn Camera. In chambers; in private. A case issaid to be heard in camera either when thehearing is held before the judge in his privatechambers or when all spectators are excludedfrom the courtroom.Indictment. An accusation in writing foundand presented by a grand jury, charging theperson therein with a crime.Injunction. Court order prohibiting or forcingspecific action.

JJury. People selected as prescribed by law torender a decision or verdict in a trial.

LLiable. Responsible for a legal wrong. Civilverdicts generally contain a finding of liabilityor no liability.Libel. A knowingly false and unprivilegedwritten communication that defames a thirdperson.Litigant. Any person or group engaged in alawsuit.Litigation. A legal contest in court.

MMalfeasance. Evil doing; ill conduct.Malfeasance is a wrongful act which a personhas no legal right to do.Miranda Rule. The 1966 Supreme Courtdecision in Miranda v. Arizona requires that,prior to any custodial interrogation (that is,

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questioning initiated by law enforcementofficers after a person is taken into custody, theperson must be advised: 1) that he or she hasthe right to remain silent; 2) that any statementmay be used as evidence against him or her; 3)that he or she has a right to the presence of anattorney; 4) that if he or she cannot afford anattorney, one will be appointed for him or herprior to any questioning if he or she so desires.Unless and until these warnings or a waiver ofthese rights are demonstrated, no evidenceobtained in the interrogation may be usedagainst the accused.Misdemeanor. A less serious criminal offensepunishable by a fine or imprisonment not toexceed one year.

OOath. A written or oral pledge to speak the truth.Objection. A statement by an attorney opposingspecific testimony or admission of evidence.Opening Statement. An outline of anticipatedproof presented to the jury by the attorneys atthe beginning of a trial.Overrule. The court’s denial of a motion orobjection.

PParty. Any person, corporation or associationwho is a plaintiff or defendant in a lawsuit.Plaintiff. The person or entity filing suit in acourt against another person or entity.Penal Code. A group of laws and penaltiesrelating to crimes.Peremptory Challenges. The removal ofmembers from a jury for no stated reason or

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cause. Attorneys are generally given a limitednumber of peremptory challenges wherebypotential jury members may be removed.Perjury. Lying under oath.Pleadings. In a civil case, the complaint andanswer.Prima Facie. On the first appearance; on theface of it.Probable Cause. A reasonable belief that acrime has been or is being committed; the basisfor all lawful searches and seizures, and forthe issuance of warrants.Probate. The legal process of determining thevalidity of a will.Probation. Suspending the sentence of aconvicted person and granting supervisedfreedom on the promise of good behavior.Prosecution. The act of pursuing a lawsuit orcriminal trial; the prosecution in a criminal suitis the government.Prosecutor. The public official who performsthe function of a trial lawyer for the governmentin criminal cases.Public Defender. An attorney appointed by acourt or employed by a government agencywhose work consists primarily of defendingindigent defendants in criminal cases.

QQuash. To vacate, annul or make void, such asto quash an indictment or a subpoena.

RRebuttal. The introduction of evidence todiscredit statements of witnesses.

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Redirect Examination. Follows crossexamination and is exercised by the counselwho introduced the witness.

SSequester a Jury. To place members of a juryinto seclusion until they are able to reach averdict.Statute of Limitations. A law setting a time limiton enforcement of rights in certain cases.Statutes. Laws passed or enacted by thelegislature.Subpoena. A written legal notice requiring aperson to appear in court to provide testimonyas a witness.Summary Judgment. Final decision orjudgment by the court prior to trial. This occurswhen the judge determines that the prevailingparty is entitled to judgment as a matter of laweither on the pleadings alone or after reviewingthe pleadings and other evidence. Summaryjudgment may be directed toward all or part ofa claim or defense.Summons. A legal notice that one has beensued and must respond.Suppress. To “suppress evidence” is to keep itfrom being used in a trial by showing that itwas either gathered illegally or that it isirrelevant.Sustain. The court’s acceptance of any motionor objection.

TTrial. The examination of issues regarding factand law before the court.

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VVenire. A group of sworn jurors.Venue. The locality where a trial is held. Thevenue can be moved to another location if it isbelieved that a fair trial cannot be had in thelocality where the crime was committed.Verdict. The final formal trial decision madeby a jury, read before the court and accepted bythe judge.Voir Dire Examination. The preliminary ques-tioning of jurors to establish their qualificationsor potential biases.

WWith Prejudice. The term as applied tojudgment of dismissal is as conclusive of rightsof parties as if action had been prosecuted tofinal adjudication.Witness. A person testifying under oath, whopossesses factual knowledge about a case.Writ of Mandamus. An order issued by a courtof superior jurisdiction commanding perfor-mance of a particular act by a lower court orpublic official.Writ of Prohibition. An order issued by a courtof superior jurisdiction commanding a lowercourt to vacate a ruling issued in a suit.

Reporter’s Handbook on Covering Kentucky CourtsP-27, First Edition, Printed April 2004