Both candidates for the 1st District 2nd Division Kentucky Court of Appeals seat say that fallout from House Bill 5 will undoubtedly be part of the appellate court’s caseload in the coming years.
Lisa Payne Jones, who currently occupies the seat after being appointed by Gov. Andy Beshear in April to fill retiring Judge Donna Dixon, said that there are questions about the timetable of the law and if it should be applied retroactively, so she expects cases connected to the massive crime bill will be reviewed by the appellate court.
Jason Fleming, a Family Court judge in Christian County, agreed that HB5 will be something the appellate court will see often.
“House Bill 5 is going to be the bill that is going to be litigated, litigated and litigated,” he said.
He said that determining the starting point for enhanced penalties, which is a part of the law, will be one of the reasons for litigation.
HB 5, a crime bill, was passed last spring by the Kentucky General Assembly. Among other provisions, it outlaws street camping and adds to many crimes the “violent” designation, which requires offenders to serve 85 percent of their sentence before being eligible for parole.
The candidates are vying for a seat on the Kentucky Courts of Appeals which covers the 23 westernmost counties in the commonwealth. Both candidates appeared at the Henderson Chamber of Commerce’s candidate forum last week at the Henderson County Public Library.
Jones said another issue to be prepared for involves Kentucky Revised Statues Chapter 202C, which deals with people charged with felonies who are found incompetent to stand trial and who can be committed to mental health facilities or state hospitals.
In dealing with the expected workload, Jones said her experience in specialty courts will be beneficial when deciding on these types of cases. She helped to create a Mental Health Court in Daviess County when she was a Circuit Court judge there.
“Having that experience with specialty courts, I think, will be important,” Jones said.
Fleming also said he expects the appellate court will need to deal with appeals related to executive orders Kentucky Gov. Andy Beshear has issued during his terms.
Fleming said his experience as a Family Court judge—and the researching and writing involved in that—is qualification for tackling these issues.
Both said that the role of the appellate court is not to re-try cases but to review circuit and district court decisions and those decisions should be written in clear language. Both said they write in an easily understood style.
They also agreed that technology has brought much change to the judiciary, including the use of remote hearings. Jones said that has been a good thing, allowing litigation to be more affordable and giving more people the opportunity to seek justice, no matter their financial status.
She also said that judges must be aware of the use of AI which has started to be used by lawyers and those representing themselves.
Regarding technology, she said, “Everyone has to be aware of its limitations and everyone has to be aware of its abuses.”
Fleming said the biggest change in the legal world since he’s been a judge is technology. He said a new Kentucky case management system that the Administrative Office of the Courts will probably have in place in 2028 will allow the public to go online and look at filed documents.
Fleming said some defendants ordered to have a job have been able to participate in remote hearings instead of missing work to come to a hearing in-person.
Fleming ended the forum by repeating his love of research and an ability to remain unbiased.
“Judges don’t make the law,” he said. “Judges apply the law. Judges interpret the law.”
Jones said a judge is a public servant who must protect the people’s rights and keep the “taint of politics” out of the court system.
