FRANKFORT, Ky., Feb. 6, 2020 – For the first time, some child protection proceedings in Fayette Family Court are open to the public. Fayette’s four Family Court courtrooms will be open Jan. 27-Feb. 21 under a Supreme Court pilot program. Proceedings take place at the Robert F. Stephens Circuit Courthouse at 120 N. Limestone St. in Lexington. Fayette Family Court judges volunteered to open the courtrooms for the pilot.
Child protection cases are normally closed due to confidentiality. The pilot is to help determine whether it’s beneficial to open some proceedings for public observation.
“I’ve long been in favor of opening courts when there are benefits to be gained in accountability and transparency,” Chief Justice of Kentucky John D. Minton Jr. said. “Kentucky has been discussing opening child protection cases for several years, and I look forward to seeing what we learn from this pilot project. I appreciate the judges in the pilot counties, who are as invested as I am in determining how to balance the public’s need to know with the child’s need for privacy.”
This is the second round of open courts in a four-year pilot program, which started in 2018 with Family Court proceedings open in Hopkins and Jefferson counties and the four-county judicial circuit of Harrison, Nicholas, Pendleton and Robertson.
During the pilot, the public will be able to attend proceedings in cases involving child dependency, neglect and abuse, and termination of parental rights. Parents and other parties and professionals involved in the proceedings, such as attorneys and social workers, will be asked to complete a survey about their experience with open court. Reporters can also take a survey.
The Supreme Court of Kentucky issued an order in January authorizing the pilot in Fayette. The 2016 Kentucky General Assembly passed legislation asking the Supreme Court to institute a pilot project to study open courts. The project is covered in KRS 21A.190-192.
Open Court Guidelines
Signs outside the Family Court Courtrooms provide information about the pilot project and the guidelines for observing. Those who attend proceedings are prohibited from recording audio or video and taking photos, taking notes with the name or personal information of any minor child who is a party or any witness unless the name/information was obtained outside of court, getting copies of any documents or court recordings, and sharing the name or personal information of any party or witness unless they are discussing it with another party or witness in the case or unless they obtained the information outside of court.
Media outlets must adhere to the same guidelines as the public. The media may report on cases that take place in open court but may not record audio or video or take photos, take notes with the name or personal information of any minor child who is a party or witness unless the name/information was obtained outside of court, get copies of any documents or court recordings or share the name or personal information of any party or witness unless they are discussing with another party or witness in the case or unless they obtained the information outside of court. In the context of the pilot project, the definition of party includes the child, the child’s parents and/or custodian and the social service worker.
A judge may close proceedings if it is determined to be in the best interest of the child or for other good cause. The procedure for closing a case during the pilot project is described in KRS 21A.192. All cases involving sexual abuse will be closed.
The Department of Family and Juvenile Services at the Administrative Office of the Courts is administering the pilot project. Court staff will attend court proceedings to observe and will conduct focus groups with family members and professionals involved in the cases. They will also provide surveys to participants. The AOC will report to the legislature annually on the project.
Family Court Schedule
Proceedings take place in Courtroom 1 on the first floor of courthouse.
Mondays
Every Monday, 8:30 a.m. ET – Judge Kathy Stein, 6th Division
Second and third Mondays, 12:30 p.m. ET – Judge Lucinda Masterton, 5th Division
Wednesdays
Every Wednesday, 8:30 a.m. ET – Judge Traci H. Brislin, 2nd Division
Every Wednesday, 1 p.m. ET – Judge Libby G. Messer, 1st Division
Administrative Office of the Courts
The AOC is the operations arm for the state court system and supports the activities of more than 3,400 employees and 406 elected justices, judges and circuit court clerks. The AOC also executes the Judicial Branch budget.
###