PROSECUTORS WANT STATE'S HELP TO CLEAR CASE BACKLOG

Many Counties Finding Themselves Undermanned,
Unable To Close Growing Pile Of Criminal Investigations

In several southcentral Kentucky counties, the number of criminal
cases has surpassed the available manpower - and prosecutors would
like to see something done.

"We have requested for some time to get additional personnel," said
Tim Coleman, Commonwealth's Attorney for the 38th judicial circuit,
which covers Butler, Ohio, Hancock and Edmonson counties. "We have
actually been approved (by the Prosecutors Advisory Council) for
another full-time prosecutor but due to budgetary concerns ... it
hasn't happened yet. But we're still hoping."

And for good reason - the 38th circuit's caseload topped all other
judicial circuits, aside from Warren County, in the Barren River
region during the 2002-03 fiscal year.

That year, Coleman's office had 600 criminal case filings in circuit
court and 459 cases closed, according to research conducted by
Kentucky's Administrative Office of the Courts. The following fiscal
year, statistics show the circuit had 573 filings and closed 469.

Coleman is the only full-time prosecutor and is assisted by one
part-time prosecutor.

"Even though he's part-time, we try to get him in here pretty much
full-time," Coleman said. "Nobody gets overtime. We have a lot of
overtime hours but no overtime pay."

The 7th Judicial Circuit shares Coleman's plight, said Commonwealth's
Attorney Charles Orange.

That circuit, which covers Logan and Todd counties, saw 464 filings
and 450 closings in the 2003-04 fiscal year. That was an increase of
about 71 cases over the previous fiscal year, according to the AOC
research, which only records new case filings and does not account for
active cases carried over from preceding years.

Just as in the 38th circuit, Orange is the only full-time prosecutor,
assisted by one part-time attorney.

"We're doing 400 to 450 cases a year," Orange said. "It affects our
ability on the number of cases we're able to try because you can only
be in one courtroom at a time."

In comparison, Warren County saw 1,040 criminal case filings in
circuit court and 940 cases closed in the 2003-04 fiscal year. The
preceding fiscal year, AOC statistics show 892 criminal case filings
and 1,081 cases closed in Warren County.

Orange has requested that his office be granted money to increase his
assistant's hours from part-time to full-time, but that request has
thus far been denied.

Coleman credited the high number of cases to methamphetamine currently
sweeping through southcentral Kentucky.

"All the jails are full because of the methamphetamine problem," he
said. "More people get out on bond in the interim because you can't
keep them in jail a year awaiting trial, and unfortunately, with the
methamphetamine cases, a lot of them get new charges before we can try
them in the original case."

Coleman said the problem could be helped by hiring an additional
judge, even though that would require adding another prosecutor. For
the past two fiscal years, AOC has certified the need for an
additional judge in the 38th circuit, but the state's budget has not
made allowances for that.

"Another judge is the key, just because it would give us more trial
dates," Coleman said. "We can only schedule so many trial dates in a
month with one judge."

Orange said trial delays are a double-edged sword, causing potential
lapses in the recollections of witnesses while affecting public perception.

"Because of the long time, the defendant is out on bond," he said.
"From the victim's standpoint, nothing's being done, but we're moving
as fast as we can."