Kentucky's original 1891 Constitution
limited politicians to only making $5,000 per year. But 1891... that was a
long time ago. I know, I know... it was 22 years after my Gripshover ancestors sailed across the Atlantic Ocean to Castle Gardens in Manhattan, New York City, from Prussia, to get away from the Iron Chancellor Otto von Bismarck, and it was 36 years after the wyte Anglo-Saxon Protestants in Louisville were
attacking, murdering, lynching, burning down the house of the Germans and Irish just for being
different, speaking a different language, creating their own culture, being for radical ideas, like fighting against slavery, and having some electoral clout, since they represented a
significantly-sized minority.
That's the same "crimes" of the Mexicans today.
That's the same "crimes" of the Mexicans today.
1891... that's 91 years before I was
born, and 14 years before my Gripshover grandfather was born.
So if you adjust for inflation, or use
the consumer price index, and use 1949 as a base year... so now,
politicians can pay themselves $43.7 Million Dollars every year.
James Comer voted to increase his pension... sure, everybody else was
doing it, and he admitted that it was a bad vote, but he did it...
hey, it was the early 2000s... things were crazy then. Yeah,
whatever. It's not surprising that politicians give themselves pay
raises, especially to a constituency that don't show up, or lobby, or
even know wtf is going on.
Robert L. King's Staff of about 70:
http://cpe.ky.gov/about/staff.htm
There's a $1 Million fund for small
farms for research and development, and 7 other grant programs being
offered to the “general public” here
Some of the staff's salaries:
Reecie D. Stagnolia, VP of Adult
Education and Literacy = $123,840
Allen E. Lind, VP for IT = $123,228
Jane L. Nimocks, Chief of Staff =
$97,317
Melissa T. Bell, Asst. VP of Academic
Affairs = $85,000
Sarah Levy, Director of Academic
Affairs 2 = $72,333
Bruce W. Brooks, Director of Academic
Affairs 2 =$71,662
John T. Deatley, Director of Academic
Affairs 3 = $70,000
I'd find a wyte collar criminal to do a
Richie Farmer-Tim Conley-Keith Hall perp walk every week.
kandis901 said 8 months ago:
I recently Discovered that your
employee,Montangeous Laritha Lilly,has been sleeping with my husband
and has destroyed my family. Our lives are forever changed because of
this disgusting home wrecker! How could someone knowingly decided to
destroy a family? What kind of individuals does this department
employ?http://kentucky-employees.findthedata.com/l/1/Robert-L-King
Robert L King
Robert L. King makes $360,000 for
leading the Council on Postsecondary Education... which just recently
decided to raise the tuition rates at 4 or 5 Universities... yeah!
I'm so glad we're paying this Robert L. King asshole $360,000 just to
jack up our tuition anyways... for that much money, he should have
figured out how to make college, vocation, and all education
completely free... we're the Internet generation... we're slipping...
fuck Robert L. King. He gets to spend $1 Billion in Funds... is that
why he gets over 35% of a million dollars?
He's just a Cabinet chair. He works
under the Governor. And the limits on politicians in 1891 were for
the major players, including the Sheriff, State's Attorney, and the
Governor. All politicians were limited. Nobody could get rich working
for Kentucky citizens... though, I wonder if Governor's should be
paid more... it takes a ton of knowledge about many many things...
and it can attract some great talent... maybe inspire a poor Kentucky
boy to stand up and grab the gauntlet, and tap dance, and in Johnny we trust... wait. What are we talking about? http://kentucky-employees.findthedata.com/
No public officer or employee except
the Governor, shall receive as compensation per annum for official
services, exclusive of the compensation of legally authorized
deputies and assistants which shall be fixed and provided for by law,
but inclusive of allowance for living expenses, if any, as may be
fixed and provided for by law, any amount in excess of the following
sums: Officers whose jurisdiction or duties are coextensive with the
Commonwealth, the mayor of any city of the first class, and Judges
and Commissioners of the Court of Appeals, Twelve Thousand Dollars
($12,000); Circuit Judges, Eight Thousand Four Hundred Dollars
($8,400); all other public officers, Seven Thousand Two Hundred
Dollars ($7,200). Compensation within the limits of this amendment
may be authorized by the General Assembly to be paid, but not
retroactively, to public officers in office at the time of its
adoption, or who are elected at the election at which this amendment
is adopted. Nothing in this amendment shall permit any officer to
receive, for the year 1949, any compensation in excess of the limit
in force prior to the adoption of this amendment. Text as
Ratified on: November 8, 1949. History: 1949 amendment was
proposed by 1948 Ky. Acts ch. 172, sec. 1; original version ratified
August 3, 1891, and revised September 28, 1891.
Judicial decisions have also helped to
adapt the current constitution to modern times. For example, the 1891
Constitution limited state officials' salaries to $5000. A 1949Amendment raised this number to $12,000, but difficulty of keeping the number
up-to-date quickly became apparent. The 1962 Kentucky Supreme Court
case Matthews v. Allen addressed this problem by opining that the
only way to keep circuit judge's salaries adequate, as required by
Section 133 of the constitution, was to allow the General Assembly to
adjust the $12,000 figure in Section 246 to account for the value of
a dollar in 1949. http://en.wikipedia.org/wiki/Kentucky_Constitution
We used to limit people like Robert L. King's salary to less than $7,200. But that was in 1949. I know, I know... that was a long time ago.
But we have Kentuckians who live on less than $7,200, and aren't we as strong as our weakest link? When we force our politicians to live in public housing, with food stamps, having to rely on the bus for transporation, when they walk a mile in our shoes... not the activities Matt Bevin, but the entire life.
Yes, I'd be in favor of offering Robert L. King $7,200, or be fired. And when he laughs, and leaves, then I hire Deric Ludsttuter, or whatever Kyanonymous's name is, and fix the CPE for good.
College should be free. Let's get to work on that. Germany offers free college to Germans, and to Americans... we should do the same. Free college for Kentuckians, and for the Germans, my white brothers from other mothers.
If you're an American before you go into the bathroom and an American after you go into the bathroom, then what are you when you go into the bathroom?
European!
xxx
A balance of power exists between the
County Attorney, Judge-Executive, and Sheriff of every single county
in nearly all 120 counties in Kentucky. This balance of power is what
I call “the County Triumvirate”.
If I'm able to show the absurdity of
NOT having a Swedish-inspired Trash-to-Electricity program, and get
folks to start calling their local Top 3, the “County Triumvirate”,
then I will consider my primary candidacy in early 2015 a success.
Though I wonder if the 3 County Kings
will replace the County Triumvirate. Not all County Attornies,
Sheriffs, and Judge-Executives are men, so they can't all be Kings...
how about... the 3 County Queens?
Who are your 3 County Kings?
As a Breckinridgian, a Brakker, my
County Attorney is Bradley Butler; my Judge-Executive is Maurice
Lucas; and my Sheriff is Todd Pate. Butler and Lucas are Republicans;
Pate is a Democrat... so, there's some hope for Breckinridge County.
Todd Pate
Breckinridge County King 1
Sheriff Todd Pate Did Something Heroic and Was On Oprah Because of It: http://www.oprah.com/oprahshow/The-Power-of-Post-It-Video
Maurice D. Lucas
Breckinridge County King 2
Chief County King
Breckinridge County is only one out of 120 counties in Kentucky. There's 120 PVA's, 120 Surveyors, 120 Soil and Water Conservation District Supervisor Boards, with at least 5 or 6 “Supervisors” on the Boards... it's almost as if all of those County Officials should have some statewide group they all belong to... imagine if they were all friends on facebook! Then they can compare and contrast notes, and figure out what works best, and go with the very best ideas. Not the worst ideas, but the best ones.
Clearly best ideas are better than the
worst. Clearly that's true. You don't believe me!?! Believe me! What
I tell you is the truth!
Okay. Enough playing around. Let's get
down to business.
xxxXxxx
The term “Triumvirate” is a Roman
thing. Instead of running Rome with a single King, instead, they ran
their piles of dirt with a 3-person tribunal called a “Triumvirate”.
http://en.wikipedia.org/wiki/Triumvirate
http://www.merriam-webster.com/dictionary/triumvirate
The 1st
Triumvirate was made up of Julius Caesar, Pompeius Magnus
(“Pompey the Great”), and Marcus Crassus. The 1st
Triumvirate wasn't legally binding; instead, it was informal power,
and the purpose of it was to consolidate the political power of the
three and their supporters against the senatorial elite.
After Marcus Crassus died in 53 BCE,
Pompey fought Caesar in a Civil War, during which Pompey was killed,
and Julius Caesar established his sole rule as perpetual dictator.
The 2nd
Triumvirate wasn't
a private political alliance, but was recognized publicly as a
3-person power-sharing Kingship relationship, the same as the County
Triumvirate. Octavian, Mark Antony, and Marcus Aemilius
Lepidus all ruled amicably in unison, camaraderie, and
togetherness... the “Lex Titia”. This "three-man commission
for restoring the constitution of the republic" (tresviri rei
publicae constituendae) in fact was given the power to make or annul
law without approval from either the Senate or the people; their
judicial decisions were not subject to appeal, and they named
magistrates at will. Although the constitutional machinery of the
Republic was not irrevocably dismantled by the Lex Titia, in the
event it never recovered. Lepidus was sidelined early in the
triumvirate, and Antony was eliminated in civil war, leaving Octavian
the sole leader.
So all 3 of these Roman panels
eventually broke up because 1 man needed absolute and complete
tyrannical control over the entire Empire to feel like a whole
complete man. But that's the difference between Rome and Kentucky.
Rome collapsed. Kentucky is strong.
xxXxx
The Kentucky Constitution is one of my
favorite documents, especially Section 4, but it's been gutted,
amended, revised so many times... plus there's all of these new laws
that are being passed, police in Kentucky today do not seem to know
the law, nor do they base their decisions on morality. Most
politicians and lawyers do not know all of these enormous amounts of
laws, nor have they balanced federal versus state, have their own
theory about law, and so, therefore, I'd assume the grunts wouldn't
know any more than what their political masters do.
A Judge-Executive is supposed to only
enforce the county policy and laws, and that's it. The Magistrates
pass the laws, the Judge-Executive enforces them, and the Judges
interpret those laws, and their enforcement. That's it. Executive,
Legislative, Judicial.
But in the county I went to grade
school has a County Attorney that has claimed that he's there to
“defend the police”. If that's his job, then that implies that we
have rogue militia wearing blue uniforms and badges, doing whatever
they like. The tail is waging the dog, and the corruptible man in
uniform is doing whatever they want, with the backing of the County
Attorney.
That's a problem because in a civilized
society, the military is supposed to be obedient to the people, and
the people are represented by their civilian politicians... cops
shouldn't be acting like the military anyways, since we're not
Al-qaeda. The police should be like Serpico, or like Andy Griffith.
In Louisville, 1999, the police protested on the streets after the
Mayor fired their Police Chief... which he was perfectly well in his
domain of power to do, but what the police did... it was a coup
detat. If the Judge-Executive is supposed to enforce the laws that
the legislators write, and police powers come out of the Executive
Branch, then it follows that the police should also be enforcing the
laws the legislators write... as well as the laws legislators have
already written, such as the 26 Sections of Kentucky's Bill of
Rights, which actually expands every Kentucky citizen's freedom and
personal autonomous sovereignty moreso than the American Constitution
does.
Based on Kentucky's Bill of Rights,
Kentuckians are more free than America proper is.
Unfortunately, corruption, and fascist
tyranny destroys whatever promises were made to each and every single
one of us in 1891, when William Justus Goebel helped to write the
Constitution.
Right now, in every county in Kentucky,
the County Triumvirates are private pocket tyrannical good ole boy's
clubs in all 120 counties, minus the city-counties, with the
courthouse cliques being front and center of that reign of tyranny.
America is a Federal Republic. There's Federal jurisdiction, and
State jurisdiction. That's it. County and City governments only have
the power allowed to them by their respective State, and when the
General Assembly wants to combine the Jailer and Sheriff positions,
they can do that. When they want to abolish a County Government, and
replace it with their own folks... when the Department of Education
doesn't like how a school is being run, they have the authority of
the State, who has the monopoly on legal state-sanctioned violence,
they can fire everybody in that school, and replace it with their own
people.
The Governor has the power to appoint folks into vacancies...
Kentucky's political positions have very specific duties and
requirements. When all is said and done, the County Attorney,
Sheriff, and Judge-Executive all make up a “County Triumvirate”
of power. The County Triumvirate, the courthouse clique, the 3 County
Kings are a cabal of power, and things work much more smoother when
these 3 gentlemen get along.
There's several cities in Kentucky, such as Covington proper,
Owensboro, Lexington-Fayette, Louisville-Jefferson, and Bowling
Green.
But most Kentuckians do not live in cities. They live in towns, rural
areas, farms.
Most Kentuckians live in counties. The indoctrination by a Kentucky
county school makes one feel a kinship to their home county. When
folks speak of where they grew up, it's not a city they speak of.
It's a county.
Kentucky counties are important for the citizen's identity, and they
are important as administrative units of State Government.
Kentucky has 120 counties. Having 120 counties is great because it
allows for democracy to flourish in every single county across the
Bluegrass State.
xxx
"At the regular
election in nineteen hundred and ninety-eight and every four years
thereafter, there shall be elected in each county a Judge of the
County Court, a County Court Clerk, a County Attorney, Sheriff,
Jailer, Coroner, Surveyor and Assessor, and in each Justice's
District one Justice of the Peace and one Constable, who shall enter
upon the discharge of the duties of their offices on the first Monday
in January after their election, and who shall hold their offices
four years until the election and qualification of their successors"
xxx
The Breakdown
The County Attorney is the most powerful man in the County. The
Sheriff can stop the Federal agents from coming into their County,
just as the Judge-Executive can, but both the Sheriff and the County
Judge, aka the Judge-Executive, both listen and lean on the County
Attorney for legal advice.
The County Attorney has to sit on all Fiscal Court meetings. For
those in government who gets prosecuted, it has to be the County
Attorney to do it. Et tu Brute? Most of the time, the County Attorney
is used to defend elected politicians, and their respective
administrative bureaucracies, not to prosecute them.
Since the County Attorney has to sit at the Fiscal Court meetings
every fk'n month, doesn't it make more sense for him to defend the
Judge-Executive and Magistrates, whose decisions he/she watched, and
observed with their own eyes, instead of prosecuting them?
While their formal relationships are dictated by Kentucky law,
there's plenty of informal relationships that can add audibles, and
add new different dimensions to the power dynamic.
By design, the County Attorneys are the most powerful, but that
doesn't stop an influential Sheriff or charismatic Judge-Executive
from taking the gauntlet for themselves, to be “the man” of the
County. The Judge-Executive certainly has a ton of power and
influence. He's the Chief Administrator for his County for the State.
When the State passes money to all of the 120 counties, it goes into
the Judge-Executive's hands. Now the Judge-Executive has to get his
budget passed through the council (Magistrates or Commissioners,
depending on how your specific county government is set-up), but I've
seen where the vote to “pay the bills” was passed without
disagreement or any type of resistance whatsoever. Who can disagree
with wanting to “pay the bills”?
Anyways.
The Judge-Executive, I believe, as is the Sheriff, is mostly paid
through the county property taxes they collect. There's probably
sales taxes here and there, but the property taxes the Sheriff is
obligated to get... it seems like it should go to Frankfort, and then
back to the Counties, but that also seems a pain in the ass... the
County Attorney is paid through Frankfort, but the Judge-Executive
and Sheriff... they're paid by the local taxes they are
Constitutionally mandated to collect.
The power to arrest, and the power to press charges are also
important powers. This leads me to believe that the 1975 Amendment
overhauling Kentucky's Judicial Branch gives it the most authority.
Certainly in terms of resolving ongoing disputes, but it's Criminal
Injustice System too.
The County Attorney, State's Attorney, cops on the street, all of
these folks have the power to press official State criminal charges
on folks, with or without evidence. Also the Judges too.
There's 4 county positions in Kentucky who have the power to arrest:
1- Sheriffs
2- Constables
3- Jailers
4- Coroners
There's also the State Police as well as City police... plus the
Feds.
The Executive Branch enforces the laws, which means, they have the
ability to use force by virtue of their office.
I remember reading about Andrew Jackson and his Trail of Tears. The
Supreme Court said his actions weren't Constitutional, and Jackson's
response was... “okay. That's fine. The Supreme Court can now
enforce their ruling” which basically means “go fuck yourselves”.
Kentucky has citizen vigilante laws too, so that should be taken into
consideration.
Kentucky is being governed by private pocket tyrannies centered
around the County Courthouses.
It's named the Judge-Executive because at one time, Kentucky's County
Judges and Chief Executive official were one and the same, so when
one spoke of “the County Judge”, they were talking about the
chief Judicial official in the county AND the “mayor” or
“president” or “governor” of a county.
But Kentucky counties have recognized the need for the 3 Branches of
government, and now, we have a Judge-Executive, plus legislators, and
an entire Judicial Branch run amok by overpaid millionaire lawyers.
The Judge-Executive is the chief EXECUTIVE and administrative officer
in their respective county. In addition to their executive power,
they also have major control over the county budget, and they also
give out many appointments. All non-elective administrative officers
to the county and members of boards and commissions are all appointed
by the Judge-Executive.
Having such enormous local appointment powers, plus being the “face”
of their specific county, the Judge-Executive yields much control.
But so does the State's Attorney, and the Sheriff, and County
Attorney, and the Governor.
xxXxx
The County Attorney “aids” the Commonwealth's Attorney in big
criminal cases in Circuit Court, and serves as a Prosecutor of
District Court.
The County Attorney must attend all sessions of Fiscal Court.
The County Attorney serves as legal counsel and advisor for all
county officials and handles all suits against or on behalf of county
officials involving the official conduct of their respective offices
The County Attorney shall attend the fiscal court or consolidated
local government and conduct all business touching the rights or
interests of the county or consolidated local government, and when so
directed by the fiscal court or consolidated local government, he or
she shall institute, defend, and conduct all civil actions in which
the county or consolidated local government is interested before any
of the courts of the Commonwealth. KRS 69.210
Frankfort pays the County Attorney, but they also get a portion of
the child support they're able to suck out of some poor working class
sap. County Attorneys also are allowed to run their own private
practice, which is a conflict of interest, and clearly effects their
official prosecutorial duties.
State's Attorneys, on the other hand, are officially barred, by
statute, from being able to run their own private practices.
The 4 main duties of the Sheriff are:
1- Tax Collection
2- Chief Law Enforcement Officer
3- Service to the courts, Subpeonas, Summonses,
Criminal Warrants, etc.
4- Election Duties
Sheriff's Deputies are to serve as a bailiff to the court. Some
counties don't fund a Sheriff's department. Instead, there's a County
Police Force. But the Sheriff still has the ultimate authority in the
County. They can stop the FBI, CIA, ATF, DEA, NSA or any other
federal agency from coming into their County.
xxXxx
Constables can be as powerful as the Sheriff in their own district,
but Fiscal Court can hamper their authority, such as preventing them
from using a siren or blue lights.
xXx
With the County Attorney reigning
supreme, and the Commonwealth's Attorney being like how Goose treated
Lil Ze (Lil Dice) when he was a kid, half the size of Goose, a
halfling in the City ofGod)
kind of like an abusive uncle who comes over to your house, eats your
food, complains about it, take a dumb in your house, doesn't flush,
and stays over for way too long. Something like that.
This matters because if the County Attorney is the most powerful man
in the county, as I believe them to be, then by virtue of the
Commonwealth's Attorney's position, the Commonwealth's Attorney can
press power onto the County Attorney, and make him bend down to his
will.
This makes the Commonwealth's Attorney the most politically powerful
man in the County.
The Commonwealth's Attorney is also known as the “State's
Attorney”. The State has all of the power, which would give the
Commonwealth's Attorney more “power” per se, but not necessarily
in practice.
There will be a natural push and pull between the County Attorney and
the Commonwealth's Attorney as there is with anybody. For all small
misdemeanors, the County Attorney takes care of that. For all felony
cases, that goes to the Commonwealth's Attorney. The State's Attorney
can request help from the County Attorney, but the County Attorney
and the State's Attorney have two distinctly different courts they
preside over. In fact, the Circuit court is over the District court,
which means the Circuit Court Judge (8 year term, $130,000/year
position) can overturn a District Court Judge decision... though,
being that they're probably friends, and hang out at the same country
golf clubs, they most likely wouldn't. Which is fine. After failing a
Circuit Court attempt, then it goes to the Court of Appeals, then the
Supreme Court.
So, since the Judicial System resolves disputes...
and
The Judge-Executive makes Budget decisions... a Judge-Executive who
is real hands-on can appear to all over the Courts, and yell out all
he sees as wrong...
xxXxx
David M. Williams (unpictured)
125 East White Oak Street
Leitchfield, Kentucky
270 287 0228
or
270 287 0034
The 46th Circuit's
Commonwealth's Attorney is David M. Williams. The 46th
Circuit Court covers Breckinridge, Grayson, and Meade County. The
Commonwealth's Attorneys are also called “State Attorneys”, which
is a better name, because that's precisely what they are. A
“Commonwealth” Attorney sounds pleasant... as in, we're all
sharing in this Commonwealth, but that's not the reality. 35,000 of
us are sharing in this Commonwealth.
"In the year
two thousand, and every six years thereafter, there shall be an
election in each county for a Circuit Court Clerk, and for a
Commonwealth's Attorney, in each circuit court district,
unless that office be abolished, who shall hold their respective
offices for six years from the first
Monday in January after their election, and until the election and
qualification of their
successors."
"The
compensation of the Commonwealth's Attorney shall be by salary and
such percentage of fines and forfeitures as may be fixed by law,
and such salary shall be uniform in so far as the same shall be paid
out of the State Treasury, and not to exceed the sum of five hundred
dollars per annum; but any county may make additional
compensation, to be paid by said county. Should any percentage of
fines and forfeitures be allowed by law, it shall not be paid
except upon such proportion of fines and forfeitures as have been
collected and paid into the State Treasury, and not until so
collected and paid."
1 of Kentucky's 120 Counties—Kenton
County, the library book Nazis—have hired 17 folks to guarantee
their income and livelihood, but searching, and destroying others.
“As Kentucky’s third largest Commonwealth’s Attorney office,
our team of 16 Assistant Commonwealth’s Attorneys, staff,
paralegals, detectives, and externs, led by Commonwealth’s Attorney
Rob Sanders, prosecute all felony crimes for the state’s 16th
Judicial Circuit, which includes all of Kenton County.”
http://kentonprosecutor.com/services/
15.725 Duties of Commonwealth's attorney and county attorneys --
Agreements to share or redistribute prosecutorial duties --
Circuit clerk's authority to issue criminal warrants.
- The Commonwealth's attorney shall attend each Circuit Court held in his judicial circuit. He shall, except as provided in KRS 15.715 and KRS Chapter 131, have the duty to prosecute all violations whether by adults or by juveniles subject to the jurisdiction of the Circuit Court of the criminal and penal laws which are to be tried in the Circuit Court in his judicial circuit. In addition, he shall have the primary responsibility within his judicial circuit to present evidence to the grand jury concerning such violations.(2) The county attorney shall attend the District Court in his county and prosecute all violations whether by adults or by juveniles subject to the jurisdiction of the regular or juvenile session of the District Court of criminal and penal laws, except as provided in KRS Chapter 131, within the jurisdiction of said District Court.(3) The Commonwealth's attorney and county attorneys in a judicial circuit shall cooperate in the enforcement of criminal and penal laws of the Commonwealth. When necessary, the Commonwealth's attorney and county attorney shall assist each other in prosecution within their respective courts. Each Commonwealth's attorney and county attorney may enter into agreements to share or redistribute prosecutorial duties in the Circuit and District Courts. Any prosecutorial or related duty assigned by statute to the Commonwealth's attorney may be performed by the county attorney, and any prosecutorial or related duty assigned by statute to the county attorney may be performed by the Commonwealth's attorney pursuant to these agreements. Copies of the agreements shall when executed be forwarded to the Attorney General, the chief judges of the Circuit and District Courts, and the chief regional judges of the Circuit and District Courts.(4) The Prosecutors Advisory Council shall in allocating resources between the Commonwealth's and county attorney take the agreements into account.(5) In the event of the absence from a county of all District Judges and all Circuit Judges and all trial commissioners, the circuit clerk in each county may issue criminal warrants prepared by the Commonwealth's attorney or county attorney, who shall certify that there is no District Judge, Circuit Judge, or trial commissioner within the county.http://www.lrc.ky.gov/Statutes/statute.aspx?id=993
Effective: July 15, 1997
County Attorneys are paid by Frankfort,
the Governor's budget, and they have a minimum salary floor of
$20,000 per year. That's a Guaranteed Minimum Income for all County
Attorneys in Kentucky. That's a very elite group of 120 Kentucky
folks.
District Court Judges make over
100,000, and Circuit Court Judges, who serve 8 year terms, make
$130,000 a year, which makes them millionaires by the end of their
terms.
County Attorneys are allowed to
retain a private practice whereas Commonwealth's Attorneys do not.
15.765 Salary of county attorney --
Expense allowance -- Compensation adjustment -- Private practice
of law permitted.
- Each county attorney shall receive for prosecutorial duties an annual salary to be paid out of the State Treasury which shall be the total compensation as county attorney which he received during the calendar year 1976, but which in no event shall be less than twenty thousand dollars ($20,000); except, however, the annual salary of each county attorney shall be equal to that of each Commonwealth's attorney who is not prohibited from the private practice of law as provided in KRS 15.755(5), effective January 1, 1990
- Each county attorney shall be paid each month the sum of five hundred dollars ($500), which sum is declared to be the equivalent of the minimum sum that each county attorney will expend each month in the performance of his official duties directed to be performed for the Commonwealth. The aforementioned sum shall be paid out of the State Treasury.
- In order to equate the compensation of county attorneys with the purchasing power of the dollar, the Department for Local Government shall compute by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with Section 246 of the Constitution of Kentucky which provides that the above elected officials shall be paid at a rate no greater than twelve thousand dollars ($12,000) per annum. The Department for Local Government shall notify the appropriate governing bodies charged by law to fix the compensation of the above elected officials of the annual rate of compensation to which the elected officials are entitled pursuant to the increase or decrease in the consumer price index. Upon notification from the Department for Local Government, the appropriate governing body may set the annual compensation of the above elected officials at a rate no greater than that stipulated by the Department for Local Government.
(4) The county attorney
shall not be prohibited from engaging in the private practice of law.
Effective:July 15, 2010
http://www.lrc.ky.gov/Statutes/statute.aspx?id=1007
15.760 Staff of Commonwealth's
attorneys -- County's duty to provide grand jury and witness rooms --
Victim advocate.
- Each Commonwealth's attorney shall, during the calendar year 1977 and through June 30, 1978, be entitled to at least the number of assistant Commonwealth's attorney positions, stenographic, secretarial, and clerical staff positions, and investigative and other personnel positions, which he had or was entitled to at the number and salary level in effect on December 1, 1976.
- The number of assistant Commonwealth's attorney positions, stenographic, secretarial, and clerical staff positions, and investigative and other personnel positions, shall be based on real need to be determined with the advice and consent of the Prosecutors Advisory Council.
- All assistant Commonwealth's attorneys shall be licensed practicing attorneys. The full-time assistant Commonwealth's attorneys shall not be allowed to engage in the private practice of law.
- All salaries paid to personnel appointed hereunder shall be paid from the State Treasury. The salaries shall be commensurate with the appointee's education, experience, training, and responsibility, and be based upon the guidelines established by the Prosecutors Advisory Council, which guidelines shall be comparable with the classification and compensation plan for comparable positions maintained by the state Personnel Cabinet, pursuant to KRS 64.640.
- The fiscal court, consolidated local government, or urban-county government in the county or counties that comprise the judicial circuit shall be responsible for providing the office of the Commonwealth's attorney with an adequate grand jury room and witness rooms.
- (a) Each Commonwealth's attorney shall be authorized to employ individually or jointly with one (1) or more other Commonwealth's attorneys at least one (1) victim advocate to counsel and assist crime victims as defined in KRS 421.500. (b) An individual employed as a victim advocate shall be a person who by a combination of education, professional qualification, training, and experience is qualified to perform the duties of this position. The victim advocate shall be an individual at least eighteen (18) years of age, of good moral character, with at least two (2) years of experience working in the human services field or court system in a position requiring professional contact with children or adults, who has: 1. Received a baccalaureate degree in social work, sociology, psychology, guidance and counseling, education, religion, criminal justice, or other human service field; or 2. Received a high school diploma or equivalency certificate, and, in addition to the experience required in this subsection, has at least four (4) years' experience working in the human services field or court system. (c) Each Commonwealth's attorney who employs an individual to serve as a victim advocate shall develop a written job description which describes the duties of the position and shall ensure the victim advocate completes training relating to the appropriate intervention with crime victims, including victims of domestic violence and victims of elder abuse, neglect, or exploitation or other crimes against the elderly. Each victim advocate shall perform those duties necessary to insure compliance with the crime victim's bill of rights contained in KRS 421.500 to 421.530. No victim advocate shall engage in political activities while in the course of performing his duties as victim advocate or the practice of law as defined in KRS 524.130. The creation and funding of any new personnel position shall be reviewed and approved by the Prosecutors Advisory Council. Effective:June 20, 2005 http://www.lrc.ky.gov/Statutes/statute.aspx?id=1006
The General
Assembly may, at any time, consolidate the offices of Jailer and
Sheriff in any county or counties, as it shall deem most expedient;
but in the event such consolidation be made, the office of Sheriff
shall be retained, and the Sheriff shall be required to perform the
duties of Jailer. http://lrc.ky.gov/legresou/constitu/105.htm
15.770 Assistant county attorneys,
stenographers, secretaries, and other staff positions.
- Each county attorney, with the approval of the Prosecutors Advisory Council, may appoint one (1) assistant county attorney for each District Judge in excess of one (1) in his judicial district unless prior approval is obtained from the Prosecutors Advisory Council for additional appointments; except no assistant county attorney may be appointed in multicounty judicial districts in which there are fewer District Judges than county attorneys unless prior approval is obtained from the Prosecutors Advisory Council for additional appointments.
- The number of assistant county attorney positions, stenographic, secretarial and clerical positions and other personnel positions shall be based on real need to be determined with the advice and consent of the Prosecutors Advisory Council.
- Assistant county attorneys shall not be prohibited from engaging in the private practice of law.
- Any personnel appointed by the county attorney, under this section, who assist in the prosecutorial duties of District Court, shall be appointed for the duration of the unexpired part of the term of the county attorney, and subject to removal at the discretion of the county attorney.
- All salaries paid to personnel appointed under this section shall be paid from the State Treasury to the extent such personnel assist in prosecutorial duties. Such salaries shall be commensurate with the appointee's education, experience, training and responsibility, and be based upon the guidelines established by the Prosecutors Advisory Council, which guidelines shall be comparable with the classification and compensation plan for comparable positions maintained by the state Personnel Cabinet, pursuant to KRS 64.640. Effective: July 15, 1998 http://www.lrc.ky.gov/Statutes/statute.aspx?id=1008
To this end, a unified
and integrated prosecutor system is hereby established
with the Attorney General as chief prosecutor of the Commonwealth.
Effective:January 1, 1978
http://www.lrc.ky.gov/Statutes/statute.aspx?id=983
15.718 Training and continuing
education for Commonwealth's attorneys and county attorneys and their
staffs -- Completion requirements.
- The Attorney General shall provide initial training courses and, at least once every two (2) years, continuing education courses for Commonwealth's attorneys and county attorneys and their staffs concerning: (a) The dynamics of domestic violence, child physical and sexual abuse, rape, effects of crime on adult and child victims, legal remedies for protection, lethality and risk issues, profiles of offenders, model protocols for addressing domestic violence, child abuse, rape, available community resources and victims services, and reporting requirements; and (b) The appropriate response to victims of human trafficking, including but not limited to screening for victims of human trafficking, federal and state legislation on human trafficking, appropriate services and referrals for victims of human trafficking, working with interpreters, and agency protocol for handling child trafficking cases.
- The training shall be developed in consultation with prosecutors, victims services, victim advocacy, and mental health professionals with an expertise in domestic violence, child abuse, human trafficking, and rape.
- Each Commonwealth's Attorney, assistant Commonwealth's Attorney, county attorney, and assistant county attorney shall successfully complete the training. Effective:June 25, 2013 http://www.lrc.ky.gov/Statutes/statute.aspx?id=41847
15.730 Commonwealth's attorneys and
county attorneys as special prosecutors. Each regular Commonwealth's
attorney and county attorney shall be, ex officio, a special
prosecutor of the Commonwealth, and as such shall perform such duties
and render such services, at such time and places, coextensive with
the Commonwealth as may be required by the Attorney General. The
duties and services may include, but are not limited to,
prosecution of or participation in action outside of his judicial
circuit or judicial district when directed by the Attorney General
and assisting the Attorney General in preparation and
presentation of the Commonwealth's position in criminal cases
appealed to Circuit Court, Court of Appeals, and the Supreme Court.
Effective:January 1, 1978
http://www.lrc.ky.gov/Statutes/statute.aspx?id=996
15.740 Commonwealth's attorney and
county attorney not to represent accused. The Commonwealth's
attorney and county attorney shall not act as defense counsel in any
criminal prosecution in any state or federal court in this
Commonwealth, except in cases in which he is a party.
Effective:January 1, 1978
http://www.lrc.ky.gov/Statutes/statute.aspx?id=1000
15.755 Compensation of Commonwealth's
attorney and staff -- Monthly expense allowance -- Compensation
adjusted -- Private law practice regulated.
- The compensation of each Commonwealth's attorney shall be paid out of the State Treasury.
- The compensation of the staff of each Commonwealth's attorney shall be paid out of the State Treasury.
- In each judicial circuit containing a consolidated local government, a city with a population equal to or greater than twenty-five thousand (25,000) based on the most recent federal decennial census, or an urban-county government, or a city with a population equal to or greater than eight thousand (8,000) but less than twenty thousand (20,000) based on the most recent federal decennial census and a population of sixty-eight thousand (68,000) or more, or which has a full-time Commonwealth's attorney, the Commonwealth's attorney shall not engage in the private practice of law. The population of a judicial circuit shall, for the purpose of this statute, be determined by the most recent federal decennial census enumeration. All other Commonwealth's attorneys shall not be prohibited from engaging in the private practice of law.
- Each Commonwealth's attorney who is prohibited from engaging in the private practice of law shall receive as compensation for his services the sum of twenty-six thousand dollars ($26,000) per annum.
- Each Commonwealth's attorney who is not prohibited from engaging in the private practice of law shall receive as compensation for his services the sum of fourteen thousand three hundred dollars ($14,300) per annum.
- Each full-time Commonwealth's attorney of the state shall be paid each month the sum of one thousand dollars ($1,000) and each part-time Commonwealth's attorney shall be paid each month the sum of five hundred dollars ($500), which sums are declared to be the equivalent of the minimum sums that each Commonwealth's attorney will expend each month in the performance of his official duties directed to be performed for the Commonwealth. The aforementioned sum shall be paid out of the State Treasury.
- In order to equate the compensation of Commonwealth's attorneys with the purchasing power of the dollar, the Department for Local Government shall compute by the second Friday in February of every year the annual increase or decrease in the consumer price index of the preceding year by using 1949 as the base year in accordance with Section 246 of the Constitution of Kentucky which provides that the above elected officials shall be paid at a rate no greater than twelve thousand dollars ($12,000) per annum. The Department for Local Government shall notify the appropriate governing bodies charged by law to fix the compensation of the above elected officials of the annual rate of compensation to which the elected officials are entitled in accordance with the increase or decrease in the consumer price index. Upon notification from the Department for Local Government, the appropriate governing body may set the annual compensation of the above elected officials at a rate no greater than that stipulated by the Department for Local Government. Effective:January 1, 2015 http://www.lrc.ky.gov/Statutes/statute.aspx?id=43607
Executive Branch is over the Police. The Mayor can arrest a Police
Chief if assaulted, the President can arrest an FBI agent, and a
Governor can arrest a Sheriff.
http://en.wikipedia.org/wiki/Executive_(government)
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Commonwealth's Attorney runs the Circuit Court, which subordinates
the County Attorney, since the County Attorney runs the District
Court, the “small” court, and any appeals goes to the Circuit
Court first, then the Appeals, then the Supreme Court. So it's a
small threshold, but it may be one that the State's Attorney feels
very strongly about. If so, the State's Attorney, if he or she can
get the Judge to rule their way, can get a District Court case
overturned. I assume on Public Advocates or the private lawyer would
be the most likely party to bring an appeal to the Circuit Court for
a hearing.
In Breckinridge County, the County Attorney is Bradley Butler, the
Judge-Executive is Maurice Lucas, and the Sheriff is Todd Pate.
The Sheriff will continue to arrest crimes he see outright, which
gives him Judge and Jury power... once he arrests somebody, jails
them, and charges them with a crime, it's basically over for them.
They'll have to plead out, or take the punishment. Whereas civil
cases, one can file a counterclaim, with criminal charges, no such
opportunity exists.
So that's power Todd Pate has in Breckinridge County. He's there to
keep the peace. If he wants to be petty, he can charge disorderly
conduct charges, but I bet he's a laid back kind of guy. If there's
no robbing, raping, fighting, or murdering, then it was a good day.
There's no need to look for trouble.
I would assume Sheriff Pate would respect everybody's Rights
guaranteed by the US and Kentucky Constitution, and that he'd enforce
the laws Frankfort and Breckinridge County Fiscal Court passes, or
have already passed.
Constitutionally, Sheriff Pate has to collect the property taxes for
the county, so that's on him. That's no doubt a tedious and crappy
job, but a necessary one. Sheriff Pate is also responsible for
service of the courts, and election duties. So being a Sheriff isn't
all about catching bank robbers, and shooting wild gunman on a
shooting rampage for unknown reasons, like a cowboy. There's some
important services the Sheriff has to carry out.
If the Sheriff doesn't collect the taxes in the county, then the
Fiscal Court has no money, which means there's effectively no County
Government. A rogue Sheriff could boycott his duties and shut the
whole county down... though I'm sure that wouldn't be without some
repercussions.
So the Sheriff... the chief law enforcer of the county, along with
the County and State Attorney, and the Judge-Executive. I guess it's
a bit of a Quadumvirate instead. The 4 County Kings... except the
State's Attorney isn't always in 1 county or the other, since there's
usually 3 or 4 counties they have to cover (3 in David M. Williams'
case).
It's still the 3 County Kings.
The Sheriff, however, isn't a branch of government themselves.
They're kind of in between the Judicial and Executive Branches, but
the Judicial Branch only interprets the laws... it's the
Executives—the Mayors, the Presidents, the Governors—who ENFORCE
the Law. The Judge-Executive has the purse strings for the Sheriff's
office, which gives them another advantage.
But the County Attorney (Bradley Butler) is the glue that connects
the Judge-Executive (Lucas) and Sheriff (Pate) together. When the
Sheriff arrests somebody, he expects the County Attorney to back him
up in court, which is “his job”, some say. The Sheriff is
dependent on the perspectives of the County Attorney... if the County
Attorney doesn't believe that seat belt violations are important, he
may throw all of them out, or request they throw them all out. The
Judge would have to order the County Attorney to do something they
don't want to do, which is also petty, and stupid.
If the County Attorney throws out your cases, as a police officer,
that will change who you arrest... you can waste somebody's
time—which is a type of punishment—but without convictions,
you're arrest is pointless. That's why the Sheriff and the County
Attorney need to get along.
The Sheriff's Deputies also serve as the Bailiff in court, and passes
out subpeonas, summonses, and warrants out to everybody, at the
decision of a Judge or a County Attorney. This is another way the
Sheriff is beholden to District or Circuit Court.
Both the Sheriff and Judge-Executive can get their own private
attorneys, but why do that, when you have the access and availability
of the County Attorney? The County Attorney has to sit at Fiscal
Court meetings anyways, and wherever there's a situation, or legal
clarification is needed... guess who is sitting right there!?! That's
right... Bradley Butler. So both the Sheriff and the Judge-Executive
are dependent on the legal expertise of the County Attorney, which
validates my original claim, and posits the County Attorney as the
most powerful man in the County Triumvirate in any of the 120 or so
Kentucky counties.
I am a bit befuddled over where the Commonwealth's Attorney is
situated in this political landscape/drama; I see the Commonwealth's
Attorney as the curveball, the wild card. The uncle from right field,
the Bermuda triangle (Fester).
David M. Williams is the Commonwealth's Attorney for Breckinridge
County, my county, Grayson and Meade County. But he lives in Grayson
County. Grayson borders Breckinridge County, but Meade County is two
counties over from Grayson County. When the cat's away, the mice will
play. So David M. Williams resides in Grayson County, which gives
them a permanent presence of the State's Attorney, but that's not the
case with Breckinridge County, and even less so for Meade County.
xxXxx
The last point I want to make is the power dynamic between the
State's Attorney and the County Attorney. Meade County would be more
partial to their County Attorney, who is always there, and handles
all of the cases, big or small. There's no denying the important
influence a County Attorney has.
In a way, by having a localized County Triumvirate, that can serve as
a buffer for the people between the State and them. Not only could
they find ways to resist the State's Attorney, such as going rogue,
doing their own thing, not pressing charges, etc., but they could
find ways to resist all of the Governor's henchmen.
The United States says that the Federal
and the State government are co-equal dominions of government, of
state power, and the local are subordinate to both of them, or to the
State. But that's now how I see it.
The people have the power—always
have, always will—in a democracy, or otherwise, whether they know
it or not. Power begins with the people... first the local
government, then the State, and then the Federal Government. The
State carries most of the functions and duties of society, and the
Federal Government always tries to find ways to wiggle, wrangle, and
elbow their way into our affairs... a part of that is human nature's
will to power, and just needs to be checked with some backbone.
The County Triumvirate protects that
notion. The County Triumvirate—the 3 Kings (the County Attorney,
Sheriff, and Judge-Executive)—have the potential to serve as a
buffer between us—we the People—and the State and Federal
Governments... they can protect us from them, as well as making sure
the pork is being distributed evenly amongst us, so that we can make
sure we can take care of our children, spouses, families, friends,
neighbors, etc. Fuck the bullshit.
I read that Breckinridge County is
governed by “home rule”, which gives the local county government
a high degree of autonomy. I'm also of the opinion that major
cities—Owensboro, Louisville, Lexington, Covington, and Bowling—do
not have to do a fucking thing the State says. They can show up to a
crash or murder site, but it would be the city's people taking care
of business, and the State's boys can just pick up the scraps after
we're finished with our investigation.
So, because of that one small lever of power, that Circuit Courts can
overturn District Court's decisions, this makes the 46th
Circuit's Commonwealth's Attorney David M. Williams a possibly a bit
more powerful, situationally, constitutionally, than the 3
Breckinrdge County Kings (Butler-Lucas-Pate), but I still believe the
3 very best friends will have stronger relationships amongst each
other, and that'll combine in 120 different ways all throughout the
Commonwealth, making the term “County Triumvirate”, or maybe, “3
County Kings”, useful... until a woman pops in the mix, which no
doubt has already happened... the 3 County Queens... now... that
sounds great! I'd live in a county run by 3 County Queens, but if
it's mixed... the 3 Kings and Queens... idk.. and why use monarchical
terms... aren't Presidents, Governors, Mayors more powerful, more
cool? We're Americans gawdammit!
Of course, at any time, a Kentucky State Police officer can come into
one's town or county, and just start arresting folks, citing them,
for this and that, and then the local court will have to take up the
local burden the State boy just put on them, more frustrating when
it's over minor, trivial, and petty offenses.
One last distinction I think is
important to know is the difference between the Head of State and the
Head of Government...
The “bully pulpit” can be used by
all “Heads of State”, which gives the Judge-Executive a “bully
pulpit” position... though a Jackson County Sheriff was able to
make headlines by telling Obama that he wouldn't abide by any
regulations of guns in his county, but the “face” of a County is
the Judge-Executive, but they aren't always the “man” who
controls things. Many times folks will defer that power to others.
In England, the “Head of State” is
Queen Elizabeth. It's the face of England. It's how nationalism
works. You need some individual, some leader, who personifies the
entire mass of people within their borders, in their domain, in their
jurisdiction, for them to oppress, tax, and “lead”.
Hal Heiner? Matt Bevin? Jack Conway?
No way!
Geoff Young all the way!
In England, there's both a Head of
State AND a Head of Government... the Queen is the Head of State, and
the Prime Minister is the Head of Government in England.
In Cincinnati, the Head of Government
would be the City Manager. The Mayor is just the face of Cincinnati,
but it's the City Manager who gets shit done. Of course the Mayor has
responsibilities too, but it's a weak-Mayor system. Kentucky is a
strong Governor system, which will give all local county courthouse
Napoleon complexes because they too will want to have that enormous
State power, and upon scanning over the horizon, where the skyline
meets the Earth, they'll see their own county as a place to oppress
and tax, and will try to Govern over them, as if they were Governors
of this small portion of Kentucky... and in some respects, they'd
legally be right. But not morally. Nor humanly.
Governments should liberate, not
oppress. They should help, not hinder. Develop, not destroy.
Regulate, maintain, not crash and burn, or think wild west antics
will lead us all to the promised land.
xxXxx
The 3 Kings
xxxXxxx
The 3 Queens
xXx
The County Triumvirate
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