LOUISVILLE, Ky. (WDRB) -- A Jefferson County district court judge wants to make changes after six people died at Metro Corrections in a span of 69 days.
In a tweet, Judge Julie Kaelin called the recent deaths symptoms of consistent failures.
The deaths in LMDC are symptoms of our consistent failures: failure to eliminate judicial discretion in “bail reform” legislation, failure to provide even barely adequate mental health services, failure to fund salaries appropriately, failure to limit prosecutions, etc…
— Judge Julie Kaelin (@judgekaelin) February 6, 2022
One that she and others would like to see change is how long some out-of-county residents sit in jail waiting to see a judge.
“It’s frustrating, to say the least," said Sarah Clay, an attorney in Louisville.
Clay said if someone is arrested in Jefferson County on a warrant from a different county, that inmate doesn't see a judge until they can be transferred to the other county.
“Some counties are faster than others," she said. "Sometimes, it takes over a month to transport. Sometimes, it takes a few days. Sometimes, it takes weeks. Obviously, in the case of Mr. Starnes, he had been here for, I think, over a week and a half and had not been in front of a judge.”
Lesley Starnes died by suicide Sunday while being held in Louisville Metro Corrections.
“If you're sitting in jail and you don't think that anybody knows that you're there, really, but you're never going in front of someone who can hear you," Clay said.
What Clay said she finds most surprising is that this isn't how cases have always been handled. Before, she said people arrested on an out-of-county warrant were seen by a Jefferson County arraignment court judge. She’s not exactly sure when that procedure changed or why.
“I mean, they're human beings," Clay said. "It's inhumane to make them sit in the jail for an unknown amount of time, alone, without going in front of the court without having their voices heard. I mean, and the law really requires that a judge see them.”
Chief Judge Annette Karem and her office sent WDRB News a statement saying judges in the county where the warrant was issued are notified within 24 hours of a defendant's arrest.
Clay argues the law requires a defendant is able to see a judge within a "reasonable time."
“In my opinion, in front of a judge means you see a judge not just that a judge is called and you have no idea that they've been contacted," Clay said.
Karem said because of state law, they can only do so much for out-of-county defendants.
"When an individual is arrested on an out-of-county warrant, Rule of Criminal Procedure 3.02 makes it clear that the judge in the county of arrest can only a) release on personal recognizance or b) admit the arrested person to bail for his or her appearance before the proper judge to whom the case must then be transferred. Additionally, KRS 452.510 states, "unless otherwise provided by law, the venue of criminal prosecutions and penal actions is in the county or city in which the offense was committed" and SCR 1.040(4)(c), which states, “[i]n the absence of good cause to the contrary, all matters connected with a pending or supplemental proceeding shall be heard by the judge to whom the proceeding was originally assigned.” The rules and statutes preclude all judges from taking any further action on an out-of-county defendant after the initial appearance."
Kaelin expressed her belief that deaths at Metro Corrections will continue unless serious changes are made.
These deaths are tragic. What happens to people in jails even when they don’t die is also tragic. And it will keep happening until we make serious, big, revolutionary changes.
— Judge Julie Kaelin (@judgekaelin) February 6, 2022
“I hope it will," Clay said. "I think transparency is extremely important. I think we need more of it and the judicial system and I hope that bringing the attention to it will make changes occur.”
Kaelin called for a vote among district judges to make changes, including that people held on out-of-county warrants should be presented to an on-call judge and, if not released, the person should be put on the next available arraignment docket.
Karem said a vote on this isn't possible, saying in her statement:
"This is not an issue that can be changed by a simple vote in one county. These rules and laws are in place for all 120 counties in the Commonwealth. One solution would be a proposed rule change at the Supreme Court level, and Commonwealth’s Attorney Tom Wine and Chief Public Defender Leo Smith have been working on a proposed rule change that would allow an arresting county to review the bond of a defendant."
Regardless, Clay hopes something is changed and fears what will happen if it doesn't.
"That people will keep dying," she said.
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