Journal-Times (Grayson, KY)

May 8, 2013

Fiscal courts move to expedite jail ruling


May 8, 2013 — In something of a surprise move, lawyers for Carter and Boyd fiscal courts Monday asked the Kentucky Supreme Court to expedite review of their claims regarding a regional jail authority.

If the motion is granted, the case would bypass the Kentucky Court of Appeals and move directly to the state’s highest court.

In their motion, the counties describe the matter as “of great and immediate public importance” and that it deserves to be expedited through the legal system.

Those representing the Northeast Regional Jail Authority say the case has statewide implications which affect the constitutional office of jailer and the power and authority of fiscal courts to use interlocal government agreements to create and operate regional jails.

The motion follows closely the notice of appeal filed April 26 by the Kentucky Jailers Association (KJA) and the two elected jailers, R. W. Boggs of Carter County and Joe Burchett of Boyd County.

They appealed the earlier lower court ruling issued April 16 by Franklin Circuit Judge Phillip J. Shepherd that the KJA and the two jailers had no legal grounds for blocking the establishment of the regional jail authority and the county jailers have no constitutional or statutory guarantee for operating a jail in their counties.

An experienced attorney told the Journal-Times Tuesday that taking the case directly to the Supreme Court could result in a final decision as much as 18 months sooner than if it goes through the Court of Appeals.