Kentucky's Capitol
(2010-02-04)
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Sen. Tom Jensen, R-London, chairs the Senate Judiciary committee. Jensen says he wants to give Amanda's Bill a thorough hearing before calling it for a vote. The measure, which is House Bill 1, sailed unanimously through the House last month.
Photo courtesy Legislative Research Commission (Click image to enlarge)
FRANKFORT, KY (WEKU) - Local judges have raised concerns over Amanda's Bill, which is named for Amanda Ross. Ross was gunned down outside her Lexington townhouse last September. Accused of her murder is former Rep. Steve Nunn.
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Nine district and circuit judges offered testimony. Several support the proposal, but admit there are questions over its implementation. The bill would allow judges to order individuals in domestic violence cases to wear a GPS-equipped tracking bracelet. Family Court Judge Gene Clark, who's based in Clay County, says such tracking devices won't work in large portions of his three county district.
"The worse thing I think we could do is give them a false sense of protection or the allusion of security," said Clark. "That might be worse than no security at all."
There are 55 counties, according to Pike County Family Court Judge Larry Thompson, where the technology couldn't be used. Plus, the equipment is expensive, so there's the question of cost. Wearers, if they have the money, could pay the price. But if they're indigent, Thompson says judges may hesitate and search for a cheaper alternative. Thompson adds deciding who should be told to wear the GPS device may be another challenge.
"I think it's unfair to our law enforcement to expect them to go out and to make this serious assessment, and each county is operating on a different criteria as to what they think the lethality is or the possibility that a violent act could occur," said Thompson.
Patricia Walker Fitzgerald is the chief family court judge from Louisville. The judge says 25% of Kentucky's domestic violence cases originate in Louisville. In most civil cases, Fitzgerald says it's hard - it's often a case of "he said - she said" and the judges must choose between the word of a plaintiff and the word of the accused.
"The question then is, are we justified in restricting the right of a person to wander freely through the community based on that limited amount of testimony?" asked Fitzgerald.
In such cases, Judge Fitzgerald says no formal evidence is heard in court.
Some of the committee meeting's most riveting testimony came from two judges. Susan Johnson of Johnson, Lawrence, and Martin counties, spoke about having a gun held to her head by an abuser. Judge Linda Armstrong of Anderson, Spencer, and Shelby counties suffered verbal and emotional abuse during two previous relationships. It was the first time Armstrong spoke about the abuses in public. She stressed the judges who testified Thursday definitely support some form of state-mandated, electronic monitoring in domestic violence cases.
"We are not here today to criticize any of the work that you've done," said Armstrong. "We are all in favor of a bill to protect the domestic violence victims. I would not be here today with these other judges if I felt in any way the suggestions or issues that we are bringing to your attention is something that will kill this bill or weaken the bill.
Sen. Perry Clark, D-Louisville, expressed appreciation for the forthright testimony.
"Life's a lot of tragedy, and life's a lot of pain," said Clark. "And it's a lot of exposure, but I think it's very strong, when you stand up, especially in your positions and you tell, and people know, that these things happen to common people."
Among the onlookers during the senate committee hearing was Darlene Thomas of the Kentucky Domestic Violence Association. Thomas is confident the additional scrutiny will not endanger the bill.
"Well I'm gonna try to trust the process at this time," said Thomas. "I do believe that everybody is concerned about victim safety and that they are going to do this as diligently as possible. But I heard the same thing you heard that they are very supportive of any additional protections that might benefit victim safety."
Senate Judiciary Committee Chair Tom Jensen, R-London, says they now hope to hear from the company that makes the GPS bracelets and from law enforcement agencies. The committee meets again in two weeks. After that next meeting, Jensen says there could be a committee vote at a subsequent meeting.
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