Yesterday, October 15, the Franklin Circuit Court issued its ruling in the legal challenge by the Kentucky Association of Criminal Defense Lawyers to SB3 (2018), known widely as Marsy’s Law. The Court determined that the ballot question for this constitutional amendment addressing victims’ rights is unconstitutional. I profoundly disagree with this determination, and will seek transfer of the inevitable appeal directly to the Kentucky Supreme Court. As the sponsor of SB 3, I have worked tirelessly to elevate the voice of crime victims within the criminal justice system as a constitutional right, and I am steadfastly committed to this cause regardless of today’s ruling. I remain confident that SB 3 will be incorporated into the Kentucky Constitution by the voters of the Commonwealth.
These are the key takeaways to keep in mind:
The ruling is being appealed; the notice of appeal was filed today.
Marsy’s Law WILL STILL be on the ballot in November and we still NEED YOUR VOTE!
The Judge’s ruling expressly allows for the Secretary of State to still count the ballots in support of Marsy’s Law. This was done to allow for the orderly appeal process in which we are now engaged.
Our fight to ensure crime victims the rights and respect they deserve continues stronger than ever!
For more information about Marsy’s Law, FAQ, endorsements and news releases, please visit https://www.victimsrightsky.com/
A misleading narrative keeps popping up that Marsy’s Law will weaken the presumption of innocence. This is FALSE. In fact, the proposed amendment specifically includes language that clearly states “Nothing in this section shall afford the victim party status, or be construed as altering the presumption of innocence in the criminal justice system.” (SB3, p.2, Lines 7-8)
You can find PDF’s of my statement, the Franklin Circuit Court’s ruling and the full text of Marsy’s Law below. Stay up to date on the case by bookmarking this site, or by following on Twitter and Facebook (linked below). I’ll keep updates posted as I have them.