AREA STATE NEWS

Garrard strips constables of badges

By BOBBIE CURD
bcurd@amnews.com

Brad Smith
Mike Mullins

LANCASTER - Garrard County Fiscal Court voted to strip two constables of their badges and blue lights Wednesday after the men reportedly overstepped their authority at a man's home over the weekend.

According to Judge-Executive John Wilson, Constables Mike Mullins and Brad Smith will be asked to hand over their badges, blue lights and sirens and are prohibited from using the radio frequency used by law enforcement officials in Garrard County.

The unanimous vote was taken during a special meeting after magistrates spent more than an hour behind closed doors. Wilson said magistrates were made aware of details that led to their decision.

"I can't say much more," Wilson said by phone later. "Because the discussion was during an executive session, I can only tell you the outcome."

Nicholas McCoy, who is a neighbor to Mullins on Mildred Drive in the Davistown area, told TV reporters on the courtroom steps Wednesday that he was assaulted by the two constables. McCoy said Mullins has been "a nightmare" as a neighbor and used his position as constable to intimidate him.

McCoy said Mullins has been running his blue lights and sirens late at night.

Allegations of verbal assault

On Sunday, McCoy finally called police to make a complaint. McCoy said Mullins found out he called 911 and appeared at his home, refusing to leave and verbally assaulting him.

McCoy said after Smith appeared at the house, the assault continued and both men handcuffed him, continually asking him why he made the complaint.

McCoy also made allegations that Smith was under the influence of alcohol when he arrived.

Regarding Mullins, Judge-Executive Wilson said, "He clearly acted outside the scope of his authority, or it appeared that he did."

Mullins could not be reached for comment.

"All I can say is that it was a bad situation, and I was kind of caught in the middle of it," Smith said.

"Because constables are elected into office, they report to the voters. We did everything we have the authority to do by asking (Mullins and Smith) to return their badges and blue lights, and have prohibited them from using the police frequency law enforcement in Garrard uses," Wilson said.

He said although the county did not purchase either of the men's flashing lights or sirens, according to Kentucky law only those who have the permission of the fiscal court can use them in an official capacity, and it is illegal to use them otherwise.

Wilson said Joe Leavell, who is the magistrate of the district where Mullins is constable, made the motion to order the men to turn over their badges.

Ronnie Lane, magistrate of the district Smith serves, seconded it.

"This was all we could do by law," Wilson said.

 

SO YOU KNOW

According to the Kentucky Constable Association:

* Constables are peace officers with broad powers of arrest and authority to serve court processes.

* Constables have the authority to enforce both the Traffic Code and the Criminal Code of Kentucky.

* Constables can execute warrants, summonses, subpoenas, attachments, notes, rules and orders of the court in all criminal, penal and civil cases.

* Constables cannot be barred from working in the city limits by a mayor, chief of police or by the city council but must keep their office in the district which they were elected.

* Constables are paid officers of the court. Constables are entitled to receive fees for all citations that they write and warrants they serve.

* The Kentucky Constitution, Section 106, states that "Constables shall possess the same qualifications as sheriffs and their jurisdiction shall be co-extensive with the counties in which they reside, and may exercise jurisdiction in any part of the county.”

Copyright The Advocate-Messenger 2008

This information was re-posted complements of THE ADVOCATE-MESSENGER ONLINE (Danville, KY).

State-Journal.com

Conscientious constable

By Sara Gividen

Everywhere Franklin County Second District Constable Bob Davis goes he gets a warm welcome.
From the courthouse to Kentucky State University to the McDonald's drive-through, he's greeted, ribbed and lauded for his dedication.

Davis, 63, has served as constable for 17 years after being appointed by then Judge-Executive Bob Arnold. He said he took the position to assist Arnold. The appointment was to fill a vacancy but the position is filled by election for a four-year term.

Davis has won every race and has served the community since his appointment.

"I enjoy helping people," Davis said. "I get the opportunity to help people with all kinds of problems."
Those living under his jurisdiction, which includes Bellview, Country Club, Crestwood, Greenhill, Jett, Station Springs, Sunset and Tierra Linda, call him about issues ranging from overgrown shrubbery to getting traffic signs installed.

The daily grind

Routine duties of constables include serving eviction notices or court summons and directing traffic. Each month the six Franklin County constables file reports to Judge-Executive Ted Collins outlining their activities.

The position is voluntary, but Davis has taken on so many responsibilities it's like a real job.

"It's pretty well turned into full-time," he said.

He works 10 hours each week directing traffic at Buck Run Baptist Church and is filling in during weekend shifts doing patrols for KSU's police department.

There are no prerequisites to run for constable. Collins said there are certain guidelines constables must meet required by the court system and that the constables routinely attend training sessions.

"We all work together," Collins said. "He (Davis) does a good job."

Davis is certified to run speed-detecting radar, perform CPR and in gun usage.
Constables pay for their own equipment and vehicles. Davis estimates he's spent $25,000 to outfit himself for the position.

"We have to buy everything it takes to do this job. The county provides nothing," Davis said.

The position is not paid in the sense of some public offices but constables can be compensated.

They set their own rates for serving papers and receive compensation for their time for duties like traffic control from the organizations which hire them, such as a church, school or a private individual.

For example, a lawyer may pay a constable $25 for serving an eviction notice.

At the courthouse each constable has a locked drawer in a metal file cabinet to receive papers and payment. Davis said this method keeps things secure.

While constables primarily spend their time directing traffic and serving paperwork, the job is not without excitement.

Davis recalls one evening sitting with a partner at a stoplight on Louisville Road when a woman came up and knocked on the door of the cruiser.

She told the men she was in labor and needed help.

"We took her to the hospital," Davis said. "Every time you get in this car something neat or something bad could happen to you."

Working together

Davis said having a strong support network helps when the job becomes difficult. He said he has strong relationships with the other five constables " Mark Turner, Floyd Hockensmith, Gene Hammonds, William Mills and Michael Tracy.

"If they need help they'll give me a call and if I need help I'll call them," Davis said.

He said the camaraderie extends beyond the constables into the magistrates and sheriff's department.
Phillip Kring is magistrate for Davis' district.

"If I need something done in Fiscal Court I go see him," Davis said. "Phillip and I are very close."

He also regularly visits other constables, including Turner, who has an office across from the courthouse.

Davis' longevity is second only to that of Turner, Fourth District constable. Turner, who has been constable for 27 years, speaks glowingly of Davis.

"He's a good man. He protects a lot of people," Turner said.

Campus life

Outside of his regular routine Davis spends time working for KSU.

He drives around campus, answers calls and helps KSU Police Chief Stephanie Bastin write grants.

Bastin said Davis is a positive contributor to the university's police department.

"Bob has been absolutely wonderful," Bastin said. "He stepped up in our time of need. He has an excellent repertoire with students and staff on campus."

Davis said he enjoys patrolling KSU's campus and meeting with students and staff.

"They are some good kids here. I've met them," he said.

There are certain moments when Davis is reminded why he accepted the constable position in the first place. One came following working security at a dance at KSU.

Davis says a young man came up to him as the dance was winding down.

"He said "I just want to shake your hand for being so kind,'" Davis said. "I felt 10 feet tall when he said that."

Davis also works KSU athletic events and meets the coaches.

He said one morning his wife, Sandy, brought him a breakfast sandwich while he was near the football offices on campus. While Davis was eating his sandwich one of the football coaches came up to him.

It was Guy Morriss, former University of Kentucky football coach who was hired earlier this year as offensive line coach for KSU.

Davis offered Morriss an extra breakfast sandwich, but Morriss declined, saying instead he needed Davis' help.

Morriss had locked his keys inside his truck.

Davis obliged and told the coach to go on to his office and he would bring him his keys.

Now Davis and Morriss are buddies.

"I just think the world of him," Davis said.

Unwavering dedication

Davis, a Lexington native, came to Frankfort in 1975. He worked as a police officer in his hometown and ran a grocery store in Midway before taking a job at Crossroads Ford dealership in 1983, where he retired about four months ago.

Davis said it's tough at times to handle stressful situations that come with being constable.

"All these years later you just learn to handle it," he said.

He said his faith in God helps him.

"I talk to the Lord a lot," he said.

Sandy Davis said she is understanding of her husband's loyalty to his office.

"I'm proud of him," she said. "He's always been dedicated."

She said if he gets calls in the middle of the night he goes and that his compassion for people shines through no matter what the individual he is working with has done.

"He treats them with respect and when he leaves he shakes hands with them," she said. "That's one thing I do admire about him."

Davis, who with Sandy has four children and 10 grandchildren, said giving fully of himself is the least he can do.

"I feel like I owe the voters of the district some of my time because they were so gracious to put me in the office," he said.

He said he does come across people fallen on hard times.

"There's a lot of sad situations," Davis said.

Davis said he tries to answer questions when serving papers without giving legal advice. He said he explains what the documents mean and points out names of attorneys and phone numbers on the forms.

"I try to ease their pain, I just like being a help," he said.

Campaign trail

Davis said he plans to run for constable, what he said is the oldest law enforcement office in the state, once more in 2010.

"My strategy is pretty well the same every time. Being nice, being helpful," he said about campaigning.

Davis said his wife is one of his biggest supporters both in and outside of election season.

"She's always stood behind me and helped with my campaign," Davis said.

Davis said likes the position so much he doesn't really contemplate what life will be like when he's no longer constable.

"I think I'd truly miss it," he said.

This information was re-posted complements of The State Journal (Franklin, KY).

Result for Constable Kiser's murder trial on April 22, 2008   Good News!  Subject was found guilty of Manslaughter (receiving 10 years) and Drug Charges (receiving 5 years)

 

Mock accident teaches students consequences of driving while impaired

Written by Toni Burton of http://accvonline.com

Wednesday, 30 April 2008

Juniors at Adair County high school learned a very valuable lesson Friday–don’t drink and drive.
Local emergency services gave students an inside look at just how devastating wrong choices can be.  

Students Derrick Bray, Justin Brown and Adam Humphress portrayed students leaving the prom after drinking and causing a head-on crash with a young girl. The young girl, played by Vanessa Fields, was unresponsive when medical workers arrived at the scene, and characters portrayed by Bray and Humphress were pronounced dead at the  scene.

Susan Minton and Krystal Cundiff played two hysterical mothers who later arrived.  

As the students looked on, emergency workers treated it like a real wreck scene. Coroner Ricky Wilson pronounced two people dead as emergency workers helped others fight for their lives. The Adair County Fire Department, Breeding Area Volunteer Fire Department, Adair County Ambulance Service, Columbia Police Department and Constable Jason Rector all took part in the mock operation.

Afterwards, the students were led into the gym where a mock trial for a DUI/ homicide was held. Student Nick Fudge portrayed a defendant accused of driving drunk and striking a motorcyclist, killing the driver. District Judge Michael Loy, County Attorney Jennifer Hutchinson Corbin, attorney J.D. Zornes and Columbia Police Officer Jason Cross presented mock trial.

Students rounded out the day by visiting booths from Adair County Haz-Mat 12, Air Evac, Bank of Columbia, Lake Cumberland Regional Health Department, Constable Jason Rector, Kentucky Department of Transportation roll over car, Homeland Security and Alcohol 101.

This information was re-posted complements of Adair County Community Voice (Columbia, KY).

Unneeded — 12/21/07

— State Sen. Dan Seum, R-Fairdale, has prefiled a bill that would provide law enforcement training to constables and deputy constables.
Greenup County Judge-Executive Bobby Carpenter thinks a better idea would be to eliminate the constitutional office of constable.
“We don’t need constables,” Carpenter says. “The constable office should have been done away with a long time ago.”
Carpenter is right. While constables provide a worthwhile service in some rural counties by serving court papers and assisting the sheriff’s department with other law enforcement duties, constables in other counties do little or nothing — and that’s just the way the people who elected them want it.
Since the role of the constable varies greatly from county to county, it should be up to individual counties what level of training the constables receive. Seum’s bill assumes all constables in the state perform the same type of duties and should receive the same training, but that’s just not the case.
We can understand Seum’s concern. Constables are recognized as law enforcement officers by the Kentucky Constitution and, as a result, they have the right to perform the duties of a police officer. It is dangerous to have untrained constables “playing cop” by carrying weapons, stopping vehicles for traffic and other violations and duplicating the duties of sheriff’s deputies. By enacting the bill providing a minimum of training for constables, Seum is hoping to establish minimum standards for the office.
To date, Seum has received little support for his bill. The Kentucky Association of Counties opposes it because it fears the training could become an unfunded mandate for counties. It also recognizes that the role of constables varies greatly throughout the state.
The Kentucky Sheriff’s Association opposes Seum’s bill because it believes it works against efforts to make sheriff’s departments more professional, said Tim Sturgill, general counsel for KACo.
Greenup County Fiscal Court recently directed Judge-Executive Carpenter to send a letter to KACo opposing Seum’s bill.
Eliminating the office of constable would require voter approval of a constitutional amendment. At this point, support for such an amendment is minimal. As long as the office of constable exists, the status quo should not change. Counties that use constables in serving court papers and in doing other law enforcement duties should have the option of providing them with training, but don’t force constable training on counties where it is neither needed nor wanted.

This information was re-posted complements of Daily Independent (Ashland, KY).

State police asked to look into Irvine chief's arrest

OFFICERS' TESTIMONY IN CASE OF INDICTED CONSTABLE AT ISSUE

By Jennifer Hewlett

JHEWLETT@HERALD-LEADER.COM

It's a case of Irvine city police officers arresting one of their own -- their chief to be exact -- and that doesn't sit well with at least one Estill County official.

Estill County Commonwealth's Attorney Heather Combs said Tuesday that she is asking Kentucky State Police to step in regarding the arrest of Irvine Police Chief James Crowe.

The chief was arrested Monday by Irvine Police Capt. Chris Cox and Officer Shaun Moore, Combs said.

Among the charges the officers lodged against their boss were intimidating a witness and resisting arrest.

Crowe's arrest came after he gave the arresting officers written warnings about having contact with Estill County Constable Dennie Glenn Young, Combs said.

But, she said, the officers contend they received the warnings because they testified recently on Young's behalf at a bond hearing. Young is under indictment on several charges, including malfeasance in office, one count of first-degree wanton endangerment and three counts of second-degree assault.

"I called the state police myself. I said, 'Please, get somebody down here,'" Combs said. "When officers start arresting each other, you've got a trust issue and you've got a safety issue.

"You've got to have somebody objective come in who's not familiar with all the personalities and all the players."

Combs said Irvine police officers have been under orders by city officials not to have contact with Young since 2004.

Attorney Tom Hall, who represents Young, said Cox and Moore were subpoenaed to testify at the bond hearing. A person who is subpoenaed, doesn't have a choice about whether to testify, Hall said.

The assault charges against Young came after the constable arrested a man accused of assaulting a police officer, resisting arrest and driving under a revoked or suspended license, Hall said. Young is alleged to have hit the man with a flashlight. Young received a broken jaw during that incident, Hall said.

While Young was indicted on three counts of second-degree assault in connection with that incident, a grand jury did not indict the man Young arrested, Hall said.

The first-degree wanton endangerment charge against Young stems from an incident during Halloween festivities at Estill County High School, in which Young is alleged to have disregarded a signal to stop his vehicle by a person directing traffic at the event.

Hall said the two Irvine police officers have said that Young has "been very helpful to people" in Irvine.

He has been available to provide assistance in instances where there were no other police officers available, Hall said.

Irvine Mayor Ernest Farmer met with the city's police advisory board, which includes three city council members and the city attorney, on Tuesday.

He said the police chief's arrest was not the reason for the meeting, but it "accelerated" the timing of the meeting.

"We just discussed problems we have internally within the police department," he said.

Crowe, the police chief, who was on duty Tuesday, declined to comment.

This information was re-posted complements of Herald Leader  (Lexington, KY).

Greenup opposes training constables

By MARY MUSIC
The Independent
 

GREENUP — The Greenup County Fiscal Court is opposing legislation that would give constables uniform law enforcement training and authority.

Greenup County Judge-Executive Bobby Carpenter sent notice to the Kentucky Association of Counties informing officials the Greenup County Fiscal Court opposes a legislative change to the constable’s role in the Commonwealth.

County constables, one of only three elected law enforcement offices in the state, are not currently required to be trained. They work as fee-paid peace officers, and they get paid when they serve summons or court documents.

“We don’t need constables,” Carpenter said. “The constable office should have been done away with a long time ago.”

Greenup County has a couple of good constables, he said, but claims a couple of the county’s constables step over the line by packing weapons and pulling cars over. Greenup County constables have pulled over vehicles in other counties, Carpenter said.

“A big issue is liability,” he said. “If we’ve got them out here like that, pulling cars over and carrying a gun, and they’re not properly trained, we have to be responsible for the liability and we can’t afford it.”

Carpenter said the county also can’t afford to train the constables, as the bill, pre-filed by Sen. Dan Seum, R-Fairdale, would require.

BR 104, up for consideration when the Kentucky General Assembly meets on Jan. 8, would provide state law enforcement training to constables and deputy constables. Deputy constables will be required to have 40 hours of basic training and 40 hours of annual in-service training to become qualified as peace officers — much less than the hundreds of hours of training required for other police officers.

After a constable gains training qualifications, he or she can drive vehicles with sirens and lights, use police communication systems, make domestic violence arrests and perform other duties as peace officers, the bill states.

Seum said constables, under the legislation, could help pick up a current lag in unserved warrants throughout the state. Kentucky has more than 400,000 unserved warrants — 16 percent of those are felonies. In Greenup County, there are currently 3,000 unserved misdemeanor and felony warrants, officials said.

Seum said he is surprised sheriffs and other officials oppose and are even angry about the legislation. The proposed legislation has sparked a “turf battle” between sheriffs and constables, he said.

“There’s plenty of work to go around,” Seum said, talking about the increase of violent crime in Louisville and nationwide. “We’re just not locking up the bad guys anymore.”

Regarding Carpenter’s worries about footing the bill for constable training, Seum said the legislation doesn’t have any physical impact on county government.

“You’ve got a bargain in this guy because you don’t have to pay his salary,” he said. “You’re not talking about retirement on this guy or insurance on this guy. My God, he’s a freebie.”

Tim Sturgill, the general counsel for the KACo, said the organization’s affiliate associations — speaking on behalf of the state’s judges, sheriffs and magistrates — also oppose the bill.

The Kentucky Sheriff’s Association opposes the bill because sheriff departments have worked to develop a professional appearance and some constables detract from that, he said.

KACo’s legislative committee hasn’t taken the bill up for consideration yet, Sturgill said, but members generally vote according to the preferences of the organization’s affiliates.

The Kentucky Constable Association, supporting BR 104, reports that the word “Cop” comes from the phrase “Constables on Patrol.” The office was established in 1850 and it gave constables “broad powers of arrest” and the ability to serve court documents, the organization’s Web site reports. Constables can also enforce traffic and criminal laws, serve warrants and summons.

Constable Lenard Hall, the association’s regional director for Boyd, Carter, Greenup and Lawrence counties, is confused about the resistance to Seum’s bill.

“I don’t understand. It’s a constitutional office. The people elected us. I’m sure, if they didn’t want constables, they wouldn’t elect us,” he said. “It’s unfeasible to want to get rid of constables. We’re a fee-based service. I think all the counties should utilize constables and be for this bill. It will just help the citizens of the county. It’s an uphill battle. Hopefully, we may win.”

Hall said he’s “treated like a black sheep” in Greenup County and that there’s no liability issues with constables. State law requires constables to post a $10,000 bond.

“It’s a Catch-22,” he said. “We’re wanting trained. We’re not properly trained, but they’re against the bill that will get us trained.”

Hall is one of 496 constables in Kentucky who would be affected by BR 104. Like most constables, Hall, who pays out-of-pocket for travel expenses while working and taking classes, works part-time. He owns rental property in Floyd County, where he worked previously as a deputy sheriff and county detective.

Hall takes criminal justice classes and law enforcement classes offered by the Kentucky Constable Association.

He is a certified traffic radar operator, has earned combat pistol qualifications, and has combat night qualifications. He’s also had National Incident Management training through FEMA and taken classes to learn about domestic violence, alcohol and beverage control regulations, traffic stop regulations and school threat assessment.

Before gas prices increased, he patrolled his district while conducting security checks at businesses and churches. He also takes calls at home from people with complaints.

In Floyd County, Hall said constables had retirement benefits, insurance, gas expenses and a small monthly salary.

“I thought it was the same throughout the whole state,” he said, about running for the office in Greenup County. “We don’t get a uniform or anything here.”

MARY MUSIC can be reached at mmusic@dailyindependent.com or (606) 326-2657.

This information was re-posted complements of Daily Independent (Ashland, KY).

Adair County Constable Aides in Missing Juvenile - Media Release

 

Trial date set for Constable Kiser's murder trial   Wanted to let you know that we went Monday for a hearing and a trial date has been set for April 22nd. There is however a hearing set for March 3rd to ensure everything is a go. The judge did inform both parties that they need to be ready for this. Thanks Tina Kiser Smith

 

For Immediate Release

November 20, 2007

Lawmakers review bill to upgrade role of constable

FRANKFORT -- Legislation that would provide county constables and deputy constables statewide with uniform law enforcement training and authority was reviewed by a state legislative committee today.

The bill's sponsor, Sen. Dan Seum, R-Louisville, told the Interim Joint Committee on Local Government that his legislation would allow the state's 496 constables to receive state law enforcement training, with deputy constables required to complete a 40-hour basic training course and 40 hours of annual in-service training. After completing training, constables and deputy constables would be considered "qualified", and deputy constables would have the powers of peace officers.

Once qualified, constables and deputy constables would become uniformed officers under the bill. They would be allowed to drive vehicles equipped with sirens and blue lights, use local law enforcement radio and communications systems and make domestic violence arrests. They would not, however, have all the duties of certified peace officers-like police and sheriff's officers--unless they have that certification.

Seum explained that a lack of training has limited most counties' use of constables, who are constitutional officers that have state authority to serve warrants and even enforce some laws. Better training, he said, would allow constables to do more, especially reduce a backlog of unserved warrants in the state.

A 2005 study conducted by the state estimated that there are between 265,000 to 385,000 unserved warrants in the Commonwealth, said Seum, including at least 50,000 felony warrants. Seum said the state's constables should be used to reduce those numbers.

"There's just plenty of work to go around," he said. "We need to put these people in play and allow them to serve these warrants."

Under Seum's bill, circuit court clerks would be required to ask the person or court requesting court documents--including warrants and summonses--whether the documents should be served by mail, sheriff, constable of the district, police or another person, giving constables an opportunity to collect more fees. Constables, as fee paid officers, earn income based on the number of citations they write or warrants they serve.

If no particular person or agency is requested, the bill requires that the circuit clerk direct the documents to be served to the sheriff, constable or police department on a rotational basis.

Mike Morris of the Kentucky Constable Association, who called constables a "vast untapped resource" in the Commonwealth, said the legislation would allow constables to be more successful in their position and protect themselves in the line of duty.

"This is an officer safety bill to me 100 percent," said Morris.

Yet Rep. Jim Wayne, D-Louisville, said the bill could force local governments to "cough up a lot more money" to upgrade the constables' role, while Rep. Brad Montell, R-Shelbyville, said he is concerned that the legislation could harm the budgets of sheriff's departments whose budgets rely heavily on fees received for serving warrants and other court papers.

Sen. Julian Carroll, D-Frankfort, suggested that state lawmakers instead consider passing a constitutional amendment to address concerns with the office of constable.

Jefferson County Sheriff John Aubrey, who is president of the Kentucky Sheriff's Association, said the bill "if it becomes law, in our opinion, would be a step backwards," adding that certified peace officers like sheriff's officers and police in Kentucky are required to have over 700 hours of training, as opposed to the training provided to constables and deputy constables in the bill.

Certified peace officers in the state must also meet other standards, including passing a polygraph test and meeting physical fitness and psychological testing requirements, said Department of Criminal Justice Training official Steve Lynn. "That is not required of constables in this bill," he said.

Seum's bill has been prefiled for consideration during the 2008 Regular Session of the Kentucky General Assembly, which begin on Jan. 8.

This information was re-posted complements of LRC News courtesy of Community Voice (Columbia, KY).

Unserved warrants getting attention
Lawmaker wants to do something about thousands sitting idle; law enforcement says it’s nothing new
BURTON SPEAKMAN, The Daily News
Published: November 18, 2007

Throughout Kentucky, thousands of criminal warrants sit unserved, and southcentral Kentucky is no exception.

A legislator has made clearing the more than 380,000 unserved warrants in Kentucky a top priority and suggests using constables to help fight the problem.

Sen. Dan Seum, R-Fairdale, said the 380,000 figure was from 2005, and was expected to increase by 28 percent over the next few years.

His goal is to train the state’s constables, who already serve civil court papers, to help other law enforcement officials serve criminal warrants, he said.

“I don’t want to blame law enforcement. I blame politicians who pass new laws every year but don’t provide increases in funding to prosecute and enforce them,” Seum said. “We’re just loading down the system with frivolous laws.”

The legislature in Kentucky just continues to pile more laws on top of what is already being enforced, he said.

“For example, we passed a new seat belt law, but didn’t provide any money to enforce it,” Seum said.

Chris Cohron, commonwealth’s attorney for Warren County, agreed that unserved warrants are a problem locally. Warren County has a total of 961 active circuit court warrants and 2,311 active district court warrants.

Yet he said that’s not particularly high, considering the circuit court is the state’s third busiest and the district court is second busiest.

Many of the unserved warrants are for child support – the delinquent is usually trying to avoid detection and thus avoid payment – or for petty crimes in which the suspect lives farther away than local authorities are willing to extradite. Those wanted for major crimes, however, are usually easy to find.

There are 106 warrants in Warren County that are missing enough information on which to base an arrest, said Maj. Randy Hargis from the Warren County Sheriff’s Office. Name, birthdate and Social Security number are required for warrants to be entered into databases; without that information, serving such a warrant is highly unlikely.

Simpson County has 118 outstanding circuit court warrants and 1,075 outstanding district court warrants; in Barren County, those figures are 102 and 785 respectively, according to each county circuit clerk’s office. Other area county clerk’s offices either couldn’t provide the number of active warrants or didn’t respond to calls.

Seum points to lack of information as part of the problem – the number of unserved warrants, he said, is something most people don’t want to know about.

Tim Coleman, commonwealth’s attorney for Butler and Edmonson counties, said it’s disconcerting that some counties couldn’t provide figures, but the bigger issue is that most law enforcement agencies in his counties don’t have enough manpower to actively serve warrants – especially when it comes to child support and other less serious crimes.

Meanwhile, there’s no monetary incentive for law enforcement to go after felony criminals, Seum said, adding that lawmakers need to change the law so that police departments get the same $40 per served criminal warrant that they receive for serving civil ones.

“I know there will be sheriff’s departments complaining about constables doing their work, but in my view, there’s more than enough work to go around,” he said.

The state wouldn’t have to pay the constables, he said, and the constable could make a living, serving a few warrants a day at $50 each.

Hargis conceded that additional funding for officers would assist in lowering the number of unserved warrants, but expressed little optimism for a wholesale change.

“These are not new problems,” he said. “We’re still talking about things I’ve been hearing my whole career.”

For his part, Cohron worries that constables with little training might not be the best people to handle arresting violent criminals. Before creating this kind of effort statewide, he said, it would be better to institute a pilot program in a few counties.

Yet District 2 Constable Charles Russell said his deputies already have training in serving papers – and several are retired law enforcement and have years of training.

“The person we’re serving civil papers to may already have warrants,” he said. “It’s dangerous any time you knock on someone’s door. They don’t know why you’re there, they just know that you’re there ... There are a lot of things constables could do that they aren’t being asked. It’s a waste of manpower.”

This information was obtained with authorization from the editor of Daily News (Bowling Green, KY).

Constables should pay for training
 Published: November 13, 2007

Constables have a constitutional role in Kentucky and we value their service, but there are a lot of misconceptions about what exactly their powers are, what they do and if they are really needed.

In Kentucky, constables sometimes assist the sheriff’s department in serving papers, transporting prisoners and responding as backup to law enforcement officials.

One problem with constables is that many have little or no training, compared to law enforcement such as police and sheriff’s deputies.

State Sen. Dan Seum, R-Fairdale, is trying to change that after filing a bill that would require constables to train for a week and undergo 40 hours of training every year. The bill would also allow emergency lights and sirens on constables’ vehicles throughout the state. Warren County, which has six constables, already allows constables to have lights and sirens.

While this would help address the lack of training, the problem is that funding to pay for the training would come from sheriff’s departments across the state who desperately need those funds.

Considering another tight budget coming in the next year, we just don’t see how it would be feasible to send these constables to Richmond for the necessary training at the expense of sheriff’s department budgets.

Another problem is that a lot of constables just work part-time and may not have time to attend the proposed training because of their regular jobs.

All training at Richmond is free and the only costs associated are meals and rooms during the training.

This may not sound like a lot of money, but it would certainly add up.

District 4 Constable Steven Wilson had a good idea that deserves consideration. He said, “Most of us would be willing to pay those costs by ourselves if we had to.”

We understand both sides of the argument. Constables want the training and sheriff’s offices don’t want any funding pulled at a time when they really need it.

So, we propose as Wilson suggested that if constables want the training, they pay for it themselves.

Since the duties constables perform seem to overlap duties performed already by the sheriff’s department, we believe that the state has higher priorities than funding their training.

This information was obtained with authorization from the editor of Daily News (Bowling Green, KY).

Constable bill would train, but at a price

Proposal would clarify somewhat misunderstood position, but sheriffs don’t want to be left footing the bill
By BURTON SPEAKMAN

For years, many have questioned the worth of constables and their deputies – they aren’t trained law enforcement officers, and they can’t do some of the things other peace officers can.

A bill filed by Sen. Dan Seum, R-Fairdale, is designed to change part of that by mandating a week of training within the first year for constables and their deputies. The training would be paid for with a portion of the tax paid on the purchase of firearms in Kentucky – all of which currently goes to sheriff’s offices. Constables would also be required under the proposal to have an additional 40 hours of training every year.

Jonathan Bledsoe, a deputy constable in District 4, said any training would be an improvement.

“I would love to be able to go to the full academy, but that’s just impossible,” he said.

The majority of constables and deputies work part-time and have other full-time jobs, Bledsoe said, and are aware the public is unsure of what exactly they can do.

District 4 Constable Steven Wilson said he attempts to have his deputy constables attend various training programs in Richmond, but they’re always put on the bottom of the list – if other law enforcement officials register for the class, then constables are kicked off.

If that were to change, he said, it would benefit both constables and the general public.

Constables were the very first law enforcement agency in Kentucky,” he said.

Meanwhile, sheriff’s offices aren’t excited about the bill, which would pull from their funding.

Barren County Sheriff Chris Eaton, a board member of the Kentucky Sheriff’s Association, said he supports training for constables.

“Everyone needs training preferably as much as possible,” he said. “It would help to have some training ... There’s also a lot of potential for someone to abuse that power without training.”

Legally, constables and their deputies are allowed to carry guns, and as elected officials they aren’t supervised, Eaton said. In addition, added knowledge could help constables provide more and better assistance to other law enforcement.

For his part, Eaton tries to keep constables involved by asking them to assist in traffic patrol and in covering accidents – though they can’t be the only officials at the scene of a wreck, they are allowed to help. Constables also can’t respond to calls related to domestic violence.

Other counties, meanwhile, have had issues with constables taking actions that they legally can’t, such as setting up illegal speed traps, Eaton said. Proper training could curb much of that.

But Eaton doesn’t like the idea of losing funding – though it is unclear how much the offices would actually lose – and said a single week might not be enough training.

All training at Richmond is free, Wilson said. The only costs associated are meals and rooms during the training, and “most of us would be willing to pay those costs by ourselves if we had to,” he said.

Wilson’s office spends at least several hours a week patrolling the community, and will offer to serve as backup or take calls for the sheriff’s department if they’re nearby, Wilson said.

District 2 Constable Charles Russell, Warren County’s only full-time constable, spends most of his time handling private security, serving civil papers and transporting mental health patients for the county.

“I try to send all my deputy constables out for as much training as they can get,” Russell said.

Still, he said the bill would be a major improvement on current conditions – there are six different constable in Warren County, and each is able to do things as they see fit

The Kentucky Sheriff’s Association, meanwhile, is watching the bill, said Major Randy Hargis from the Warren County Sheriff’s Office.

With the budget cuts that have been made in the last fiscal year,” he said, “it would be our position that any additional funding available should be used to restore the sheriff’s office.”

Russell, meanwhile, indicated it’s a catch-22: Law enforcement officers want constables to be better prepared, but they don’t want their money spent on that training.

“They say all the time that constables need training – it’s hypocritical for them not to be willing to help pay for it,” Russell said. “We all need to be on the same team.”

The bill would also allow lights and sirens on constables’ vehicles throughout the state, Wilson said; currently some counties, such as Warren, allow constables to have lights and sirens, but others forbid it.

Seum did not return calls for comment.

This information was obtained with authorization from the editor of Daily News (Bowling Green, KY).

Investigation finds constable did no wrong

By James Roberts, Staff Writer

 

Taylor County Constable Marshall Graham did not act unlawfully when serving warrants, according to Taylor County Sheriff John Shipp. Shipp began investigating Graham, who is 4th District constable, after a woman claimed that he acted unprofessionally while serving a warrant in July. "Procedurally, he didn't do anything wrong," Shipp said. "He didn't violate any laws."

No charges will be filed against Graham, Shipp said. Graham said he's happy that the matter has been resolved. He declined to comment further.

 

Shipp's investigation stems from an incident on July 14. Tabitha Anderson told the Central Kentucky News-Journal that Graham and transportation officer Tony Harris came to her home at after midnight to serve a warrant for her arrest - a warrant she says Graham didn't have in his possession. Anderson pointed out at the time that her complaint was about Graham, not Harris.

Anderson had failed to pay a traffic ticket for improper equipment earlier this year.

 

Anderson said her children - ages 5, 3 and 1 - were asleep and there was no one to take care of them while she was gone. She asked if she could call someone to come over.

 

Anderson said Graham told her to make her call "real quick." Anderson said as she did so, Graham then started yelling at her to get off the phone. Anderson said she also asked to go check on her children and change clothes. Graham said OK, she said, however, almost as soon as she went inside, Graham started ringing the doorbell.

 

At about that time, Anderson's former mother-in-law, Brenda Anderson, arrived.

 

Brenda Anderson feels Graham is harassing her family. She says her complaint is what prompted Shipp's investigation. But Anderson wasn't the only person who complained about Graham that night.

 

Mike Kiger said he awoke to Graham pounding on his door at 1 a.m. Graham, along with Harris, was there to serve a cold check warrant for Kiger's son. Kiger said he told Graham that his son was in his 40s and hadn't lived there for quite some time.

 

While Shipp said he questioned Graham's judgment in serving warrants in the early morning hours, Graham legally did nothing wrong, he said.

 

"My only recommendation is [that Graham practice] better communication skills."

 

Brenda Anderson said she had wanted to shed light on what some constables are doing. And she feels she's done that.

 

"I'm kind of OK with [Shipp's findings]. I really didn't want to see Marshall lose his job. I just think the people who voted for the constables needed to know what some of them were doing."

 

- Staff Writer James Roberts can be reached at 465-8111 Ext. 226 or by e-mail at writer@cknj.com.

Comment on this story at www.cknj.com.

This information was obtained with authorization from the editor of The Central Kentucky News Journal.

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