Kentucky Administrative Office of the Courts to End Criminal Mediation Program June 30, 2024
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TL;DR
- The Kentucky court system will end its criminal mediation program effective June 30, 2024.
- The decision is a result of budget cuts in the state's 2026-28 judicial budget.
- Mediation has been used to resolve serious criminal cases, including death penalty-eligible matters.
- Court officials note the program was successful, but cannot continue without sufficient funding.
Overview
The Kentucky Administrative Office of the Courts (AOC) will terminate its criminal mediation program as of June 30, 2024, due to budget constraints imposed by the new state budget for 2026-28. The program, which involved retired judges facilitating settlement discussions between prosecutors and defense attorneys in criminal cases, is being discontinued as part of broader operational restructuring necessitated by legislative funding shortfalls.
What Happened
The AOC announced it will end the criminal mediation program on June 30, 2024, because the new court system budget does not provide enough funding to maintain the service.
Mediation sessions, typically led by retired judges, aim to help prosecutors and defense lawyers reach resolutions and avoid trials. Victims are also included in the process.
Funding from the 2026-28 budget focused on preserving specialty courts but required other cuts, including to mediation. All existing mediations must be completed before the deadline; cases scheduled beyond June 30 are being reviewed.
The program had already reduced its scope earlier in the year, moving to address only more serious felony cases. Judges and attorneys report the program has been successful in resolving cases, including high-profile murder prosecutions, saving time, costs, and potentially easing trauma for victims.
Context
Criminal mediation through the Kentucky AOC provided an alternative to trial in certain criminal cases, sometimes resolving complex and sensitive matters such as death penalty-eligible offenses. The approach relied on retired judges to facilitate negotiations and help reach plea agreements.
The termination is part of statewide budget cuts that will see the loss of over 60 positions across AOC departments, yielding an estimated $5 million in annual savings. The AOC and participating judges express hope the program may return in future budgets if funding is restored.
Why It Matters
- The discontinuation of criminal mediation may increase the number of trials and delay case resolution in Kentucky courts.
- The program's absence could impact efficiency, court resources, and the experiences of both victims and defendants.
- Retired judges and court officials highlight the success of mediation in reducing backlog and facilitating agreements.