Kentucky Constable Association files suit against change in law that strips constable powers

LOUISVILLE, Ky. (WDRB) -- The Kentucky Constable Association is fighting back with a new lawsuit against what it calls unconstitutional changes to the power of constables.

The lawsuit said the changes made through House Bill 239 in the 2022 General Assembly session "have made it impossible for the elected officials to perform the duties for which they were elected" and "created a public safety risk."

Kentucky lawmakers passed House Bill 239 with the intent to hold constables to a similar standard as police officers. It requires training for future constables elected after Jan. 1, 2023 in order to maintain arresting powers.

The bill immediately got backlash from then Kentucky Constables Association President Wade McNabb. He told WDRB News in March of 2022 that if constables are required to get POPS training, peace officer professional standards, it shouldn't be so difficult to get.

"We want training, but we want it to be fair, and we want it to be attainable," McNabb said last year.

He also said constables do receive trainings year round, it's just not that specific one.

The bill's sponsor, former Rep. Adam Koenig, R, from Erlanger, said during the bill's debate that the new standards help keep the community safe.

"We've had too many incidents in the state of constables going too far or skirting the law, and these cases just continue," Koenig said in a committee meeting during the 2022 session.

Koenig mentioned several headlines where constables were in trouble, like in 2011 when a Jefferson County constable shot a suspected shoplifter at a Walmart.

The lawsuit filed said House Bill 239 also strips the constitutional rights of a constable by limiting powers, whereas prior to the law change constables had powers most similar to a Kentucky sheriff. It also says even though the law was written to grandfather-in constables elected before Jan. 1, longtime constables are still be treated as if they were not grandfathered-in and their arrest powers have been stifled.

Koenig released a statement to WDRB on Wednesday about the lawsuit. "After the passage of HB 239 in 2022, the Constables sued in an attempt to stop this law. That suit was thrown out. It is my belief that this suit will suffer the very same fate. HB 239 is unquestionably constitutional. HB 239 was a desperately needed bill that vastly improved our criminal justice system in Kentucky by removing police powers from untrained Constables. Kentuckians are now safer because on HB 239."

The defendants named in this case include, Kentucky Department of Corrections Criminal Justice Training, Kentucky Law Enforcement Council, Kentucky State Police Commissioner Phillip Burnett, Kentucky Association of Counties and its CEO Jim Henderson, Kentucky Attorney General Daniel Cameron, Kentucky Transportation Cabinet Secretary Jim Gray and Franklin County Sheriff Chris Quire.

The Kentucky Constable Association website defines a constable as "Peace Officers with broad powers of arrest and authority to serve court processes. The Constable has the authority to enforce both the Traffic Code and the Criminal Code of Kentucky. They may execute warrants, summonses, subpoenas, attachments, notes, rules and orders of the court in all criminal, penal and civil cases."

The lawsuit continues to list several instances were constables were stopped from performing peace officer duties. It also said KACO, Kentucky Association of Counties, sent counties directions on how to treat constables. The lawsuit claims the directions harmed the ability of constables to serve.

The lawsuit wants the Franklin County Circuit Court to deem the changes from House Bill 239 unconstitutional.

This is the second lawsuit filed against House Bill 239. Last year, a similar suit was filed in Bullitt County.

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