Blue Ribbon Sentencng commission collapses, by Robert Lawson, UK Law faculty.

Paschal:

Pardon me for being slow in getting back to you on this question. As we near the end of the semester, things get very busy and I have been in and out of my office for the last week and excessively busy. Sorry.

The Blue Ribbon Sentencing Commission went up in smoke, in response to organized opposition from state prosecutors (led by Ray Larson, I believe, and Attorney General Stumbo). The Commission only had two meeting, the last of which was overwhelmed by attendance of prosecutors and law enforcement types. The Commission was a good idea, had a representative membership, but never got around to considering any of the problems. It never filed a report.

I'm not sure I can identify a "contact" person for you in Frankfort. The Chief Justice (Joe Lambert) is still interested in these problems, he was the one who took the initiative to form the Blue Ribbon Sentencing Commission, but its history is described above.

If I had to identify someone who would provide hope for some kind of reform effort, I would probably identify Rep. Kathy Stein (from Lexington) or Sen. Robert Stivers (Manchester) as persons who understand the importance of these issues and might be able to withstand the pressure from anti-reform forces. As you may know, Rep. Stein is the chair of the House Judiciary Committee (where criminal law reform would locate itself); she came to see me right before the last session, got copies of my articles and indicated that she wanted to do something on this.

I think the session was so disjointed and fractured that nothing was done on anything. But I know she is interested. Senator Stivers (a Republican) is chair of the Senate Judiciary Committee; he was on the Blue Ribbon Sentencing Commission and was very unhappy about the way it collapsed. He wrote an angry letter to the Chief Justice (sending me a copy) blaming the Attorney General for the early collapse of the Commission. I have been told that there is another legislator who agrees with my assessment of the situation; he is Senator Dan Kelly from Springfield (one of the leaders in the Senate). This is the best I can do on giving you a "contact" in Frankfort.

I have been trying to get lawyers and judges interested in this problem. I have tried to generate interest in the organized bar but so far have not had a great deal of success. However, lots more of them now know about the problem than before I starting writing and preaching about the situation. And I have yet to encounter one (not in law enforcement or prosecution) who does not show concern.

The President of the Kentucky Bar Association is Robert Ewald; the Executive Director is James Deckard. Deckard was general counsel for Chief Justice Lambert when the Sentencing Commission was formed and he knows of these problems. The Kentucky Bar Association could be a significant force for motivating law and policy makers to look at reform if the Association would examine the problem (as I have asked) and take a
public position (providing some wiggle room for political leaders who must do the reform itself).

If you get your movement underway, the Bar Association would be one place where you might exert some meaningful nfluence (just by letting this group know that Bob Lawson is not the only voice of concern in this area). I think the Interfaith Alliance group would be one whose voice might be heard.

Hope this helps some. Bob Lawson