The Kentucky Senate Judiciary Committee reviewed a measure this week that would give prosecutors the right to trial by jury in misdemeanor DUI cases. Jefferson County Attorney Mike O’Connell testified in support of the measure.
“Is it going to be a deterrent?” Asked O’Connell. “It could be. Many times criminal cases are settled when you bring a jury down the hall and they’re settled right before trial.”
O’Connell says the change would offer a ‘level playing field’ where prosecutors could see a jury seated just as defendants can today. Grayson Senator Robin Webb expressed reservations about the bill. “Perhaps it’s being responsive to a jurisdictional interpretation or maybe a particular case and we’re trying to dismantle this whole area of law to accommodate that,” said Webb.
Webb says current law gives prosecutors an avenue for appeal. Hardin District Judge John Simcoe says prosecutors are often granted a request for a trial by jury. “I think this does solve an issue that has come up around the state, but I don’t think it’s, at least from my perspective, a large problem,” said Simcoe.
The bill could be brought back before the Judiciary Committee for a vote.?
