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Pdftorch SPRING 2018.Pdf aclu-ky.org THE TORCH Spring 2018 Newsletter of the American Civil Liberties Union of Kentucky Foundation facebook.com/ ACLUofKY @ACLUofKY youtube.com/kyaclu of Kentucky’s long and distinguished MEET OUR NEW history of successfully advocating for Kentuckians’ civil rights and civil liberties in state and federal courts, including LEGAL DIRECTOR, before the U.S. Supreme Court,” said Michael Aldridge, ACLU-KY Executive COREY SHAPIRO Director. “We found that person in By Amber Duke Corey Shapiro. His credentials are impressive, his experience as a litigator ACLU-KY Communications Director and community organizer is unique, and his vision for the Legal Program is energizing.” An attorney with extensive experience litigating in federal court and community “I am deeply honored and truly excited organizing has been selected as the next to lead the ACLU of Kentucky’s Legal Legal Director of the ACLU of Kentucky. Program,” said Shapiro. “The current political and legal landscape demands Corey Shapiro was selected after a vigilance, enthusiasm, and commitment to months-long search that drew candidates all aspects of the ACLU’s mission. I look from across the nation. The ACLU- forward to building relationships across KY Board of Directors approved his the Commonwealth to expand the ACLU appointment in April. He started work on of Kentucky’s reach and impact.” May 7. Corey graduated from Washington “We were looking for a leader that could University with a degree in English pick up the torch and advance the ACLU Literature. After Washington University, ACLU-KY SPRING 2018 1 Corey worked in Washington, D.C. for several years as a political organizer for the civil rights organization People For the American Way. He then graduated, with honors, from George Washington University Law School. After law school, Corey spent over ten years as a litigator with two large international law firms. While primarily maintaining a commercial litigation practice, Corey worked on LEGAL a significant number of civil liberties cases pro bono. In 2012, he received a UPDATE “Lead On!” Award from Access Living for his work successfully representing By Heather Gatnarek disabled adults in Illinois in a class ACLU-KY Legal Fellow action civil rights litigation working closely with the ACLU of Illinois and other civil liberties groups. In 2015, Corey and his family moved When the General Assembly introduced the bill in multiple to Louisville, Kentucky where Corey gaveled into session in states. Marsy’s Law purports continued his commercial practice at a January, the Legal Program to provide crime victims local law firm as Counsel. began its work to review constitutional rights equal the constitutionality of bills to those afforded to criminal Corey has been very involved in the introduced by Kentucky’s defendants. Unfortunately, Louisville community. Prior to joining legislators. The General the bill offers no resources the ACLU of Kentucky as Legal Assembly introduced and or guidance to ensure these Director, he served on its Committee heard hundreds of bills, rights, and no real remedy if on Litigation and Legal Priorities. and some were patently someone feels their rights are Corey is also active with the Louisville unconstitutional. We have violated. Kentucky already Jewish Community Relations Council already challenged one of has a statutory Victims’ Bill and received the Jewish Community these measures, HB454, a of Rights – without additional of Louisville Julie Linker Community ban on the most common resources, Marsy’s Law will Relations Young Leadership Award. second-trimester abortion do nothing to further protect procedure, in court. Although these rights. We believe that Corey is only the second Legal the bill was passed with victims with resources will be Director in the ACLU of Kentucky’s an emergency clause, the able to hire their own counsel 63-year history. Longtime Legal attorneys for the state have to advocate for their rights, Director William E. Sharp left the indicated they have no while those without will organization to work in private intention to immediately not. Additionally, Marsy’s practice late last year. Prior enforce the bill, and so Law will, by its very nature, to Sharp’s tenure, in 2004, Lili pursuant to an agreed order undermine the critical Lutgens became ACLU-KY’s first signed by the federal judge, protections afforded to those Staff Attorney. Before that, the doctors at the last remaining who are accused of crimes organization relied on volunteer abortion clinic in Kentucky – because we are a nation lawyers, including longtime General will continue to be able to of laws, the presumption of Counsel David Friedman, and support provide this care to Kentucky innocence until proven guilty from the national ACLU to deliver women while the case is is paramount, and this law high-quality representation on cases pending. will weaken and undercut that had a broad impact upon the this presumption. Because rights of Kentuckians. The Legal Program also this is a constitutional carefully followed the amendment, Kentucky voters There will be several opportunities movement on SB3, commonly will see Marsy’s Law on the to meet Corey in the weeks ahead. known as “Marsy’s Law.” ballot in November. We will Please keep an eye on our website and This bill is part of a work to educate the public social media pages on Facebook and nationwide strategy out about the inherent problems Twitter for event announcements. of California, which has with this law. 2 ACLU-KY SPRING 2018 THE IMPORTANCE OF PROSECUTOR ELECTIONS “Prosecutors are CHARGING BAIL PLEA BARGAINS the most powerful, DECISIONS Prosecutors ask for bail, Approximately 95% of unaccountable, and Prosecutors decide who and judges often accept all cases are resolved least transparent gets charged with what. these recommendations. by plea. Often, actors in the criminal Even if police officers Prosecutors could single- people plead guilty bring the initial charges, handedly do away with because there is a risk justice system.” – a cash or money bail associated with going Udi Ofer, director of it is up to the prosecutor to decide what charges system by regularly to trial – that they’ll be ACLU’s Campaign for to pursue, and they have requesting release on convicted of the most Smart Justice a tremendous amount of one’s own recognizance, serious offense charged, discretion in this decision. or by requesting release and sentenced to the Elected prosecutors For instance, prosecutors with certain conditions maximum penalty have more power than in some jurisdictions attached. possible. A plea bargain any other single actor have told police officers Studies show that pretrial reduces that risk and most often reduces the in the criminal legal they will not pursue detention increases the criminal charges for minor amount of time that system to influence likelihood that someone marijuana possession will plead guilty or be may be served. the trajectory of offenses. convicted at trial. Pretrial It is the prosecutor’s justice policies. detention impacts a decision what plea Prosecutors decide: person’s housing, job, and bargain offer to make. What charges to request child custody issues, while at the grand jury they sit in jail pending Prosecutors decide: Whether any charges adjudication of their case. Whether to amend get dismissed or charges increased Prosecutors decide: Whether to offer In light of HB169 (gang Who will be able to be a plea bill), whose charges are released pending trial What plea bargain enhanced by being an Who will have to pay is offered alleged member of a large amounts of What sentence to gang money to be released ask for Prosecutors are elected by the voters – Will they seek justice, not conviction WHAT this means you! YOU decide who fills rates? THIS these incredibly influential roles in the Do they share your values of equity and criminal legal system, and they should be equality? MEANS accountable to you. We encourage you to research the Before voting for your local county or candidates for elected prosecutor positions commonwealth attorney, make sure you in your area, contact those individuals, know a few things about the candidates: attend or organize candidate forums, and Are they committed to racial justice? make sure you know who you’re electing to Will they work to end mass these crucial positions! incarceration? ACLU-KY SPRING 2018 3 from enforcement after we filed a lawsuit challenging it as unconstitutional. Our priority this year, the Pregnant Workers Rights Act (Senate Bill 38) – a measure that provided modest accommodations to pregnant Kentuckians in the workplace, stalled after passing unanimously out of the Senate Judiciary Committee. Sen. Alice Forgy Kerr carried it and has agreed to sponsor it in the 2019 session. LGBT RIGHTS House Bill 372 protected a broad spectrum of “religious” institutions who felt compelled to discriminate against LGBTQ Kentuckians. Though the bill carried dozens of co-sponsors, it was dramatically limited in its scope due to changes in a House committee. The bill failed to move in the Senate. JUSTICE Rep. Kimberly Moser and Rep. Jason THE 2018 Nemes worked with a variety of stakeholders to put together a broad justice reform package. The measure, GENERAL House Bill 396, got at the leading drivers of Kentucky’s prison and jail populations, which are the fastest ASSEMBLY growing in the country, and put in place By Kate Miller a number of common sense alternatives to incarceration. The bill received a ACLU-KY Advocacy Director single, informational hearing and failed to move from the House Judiciary committee. The primary opponents of reform were the judges and prosecutors. RACIAL JUSTICE The Kentucky General Assembly wrapped House Bill 169, which became known up the 60 days 2018 legislative session on as the “Gang Bill,” is a new law that th Saturday, April 14 .
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