Back to Goal 24From Measures and Milestones 2002
p. 70-71, published 2002
The portrayal of American justice as blind serves as a constant reminder to us of the centrality of fairness and equity to our system of justice. Arguably, a system that abridges the prosecution of the law for a few is inherently unjust. Thus, we must be diligent in preserving and ensuring equity and fairness to all, regardless of economic or social status. Citizens ranked this goal 11th of 26 in importance but perceive little evidence of progress. Citizens ranked Goal 25 fifth from the bottom on the scale of progress.
Table 1: Where Citizens Think We Stand
The Department of Public Advocacy (DPA) reports rising caseloads for public defenders throughout the state, which can undermine the fundamental right of access to legal representation. Overburdened public defenders are less likely to be able to mount an effective defense, as legal counsel must have the time and opportunity to prepare adequately, as well as access to sufficient resources. The overall number of cases increased between FY 2000 and FY 2001, but measurable improvements occurred as well. The average number of cases handled by a trial attorney fell 2 percent. In addition, DPA per case and per capita funding increased 15.5 and 17.8 percent, respectively.
Figure 1: Total Number of Cases Handled by Public Defenders in Kentucky, Fiscal Years 1995-2001
Fairness can only be ensured by a truly impartial judiciary and competent, ethical legal representatives. Thus, monitoring the conduct of these officers of the court, who are responsible for administration of the system, is key. According to the Kentucky Bar Association and the Judicial Conduct Review, the number of disciplinary actions taken against judges and attorneys has been modest and relatively stable over the years, though the most recent data show a marked increase. Disciplinary decisions against attorneys include all actions: temporary suspensions, disbarment, suspension, resignation under terms of disbarment or under terms of suspension, public reprimand, private reprimand, and reinstatement. As shown, disciplinary actions against judges are quite rare; they include private and public censure, admonition, reprimand, and removal from office.
Figure 2: Number of Disciplinary Actions Against Kentucky Judges and Attorneys
Recidivism occurs when a person who has served a prison term for a crime commits another crime or violates his or her probation and returns to prison within two years. The rate of recidivism demonstrates how diligent and effective we have been in our efforts to rehabilitate, educate, and prepare inmates for life after prison. The costs that society incurs when individuals make crime a way of life are immeasurable and arguably far greater than the cost of rehabilitation. As shown, the recidivism rate for Kentucky has grown slightly since the mid-1980s. In the late 1990s, recidivists represented nearly one third of former inmates in Kentucky. Former inmates were more likely to return to prison within the first year after release, rather than the second. The increased likelihood of recidivism was associated with those who were supervised upon release, those released from maximum security prisons, black inmates, and younger inmates.
Figure 3: Recidivism Rates in Kentucky, 1984-1998
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