Caption for Photo
Chief Justice Minton, left, greets Sen. Whitney Westerfield, co-chair of the Interim Joint Committee on Judiciary, before giving his final State of the Judiciary address in Frankfort Oct. 20.
Note: KET livestreamed the event and will post a recorded version within 24 hours on its legislative channel.
News Release
FRANKFORT, Ky., Oct. 20, 2022 – Chief Justice of Kentucky John D. Minton Jr. used his final State of the Judiciary address to reflect on the Judicial Branch’s challenges and accomplishments during his 14-year tenure as head of the state’s highest court.
Chief Justice Minton, who is not seeking reelection and will retire Jan. 1, testified before the General Assembly’s Interim Joint Committee on Judiciary in Frankfort today. Sen. Whitney Westerfield, who co-chairs the committee, and several other legislators thanked Chief Justice Minton for his years of service to the commonwealth.
His complete address can be found here.
“There are many unknowns when someone takes on a new job, and that was certainly true for me when I was sworn in as chief justice in June 2008,” he said. “I could not have imagined what lay ahead in terms of unprecedented challenges, but neither could I have anticipated the scope of what we would be able to accomplish.”
UNPRECEDENTED CHALLENGES
Chief Justice Minton named the Great Recession and the COVID-19 pandemic as the most impactful challenges the courts have faced during his administration.
Soon after he became chief justice, the economic crisis worsened, requiring years of deep budget cuts throughout state government. By 2012, the Judicial Branch had to furlough employees and close courthouse doors for several days to balance its budget. By the end of the Great Recession, the court system had laid off 282 employees statewide, eliminated court programs and trimmed operating costs at all four levels of the court system.
“If any good came out of this grim experience, it was this: We learned how to quickly react when faced with a crisis, we learned how to streamline operations and still meet our constitutionally mandated responsibilities, and we collectively gained the grit that would come in handy when the next big thing hit in March 2020,” he said.
March 2020 was when Gov. Beshear declared a state of emergency after Kentucky’s first confirmed case of COVID-19. As society shut down, the courts were forced to immediately move from in-person to virtual operations.
“I can think of no other event in my lifetime that has created a more prolonged disruption to the function of the courts than the COVID-19 pandemic,” Chief Justice Minton said. “Despite this disruption, and despite restrictions on in-person traffic in court facilities, I’m very proud that the courts never closed. Court proceedings were certainly unconventional as judges turned to Zoom, but the hard work and extreme patience of our judges, circuit court clerks and court personnel enabled us to weather the storm.”
ACCOMPLISHMENTS
Chief Justice Minton said that despite numerous challenges large and small, the court system has made great strides in many areas over the last few years.
“At the top of the list is the ambitious KYeCourts initiative – which has produced eFiling, eWarrants, eEPOs, new trial and appellate case management systems, and more – in an effort to move the courts from a paper-based to an electronic system,” he said.
He noted that he has worked for years on a salary parity plan that would bring Judicial Branch salaries up to the level of the other branches of state government so that non-elected court employees are compensated fairly. He has also worked to improve compensation for the elected justices and judges, who earn over 20% less than the national average, and the elected circuit court clerks who earn an average of 11%-13% less than their counterparts in county government.
He thanked the legislature for the salary increases enacted during the 2022 budget session. “I’m grateful for what we were able to achieve this session, and I appreciate the legislature’s support in improving Judicial Branch compensation.”
He said that if there is a “third rail” in state politics, it is the issue of redistricting. Over several decades, Kentucky’s judicial circuits and districts remained largely unchanged in spite of shifts in population and caseload among counties.
In 2014, the Judicial Branch began carrying out a judicial workload assessment on which to base a data-driven, equitable redistricting plan. In 2016, Chief Justice Minton met with the legislature to present the first statewide judicial redistricting plan, which would reallocate resources to create judgeships where they’re most needed.
“Starting in 2023, when the redistricting plan goes into effect, this difficult but necessary task will result in more timely access to justice in several Kentucky counties, where we have realigned the number of judges to better match the caseload in those jurisdictions,” he said.
He said the court system has taken steps taken to operate in an accountable and transparent manner. The Supreme Court adopted the first open records policy for the administrative records of the court, and the Administrative Office of the Courts created its first internal audit department and Audit Oversight Committee. Judicial Branch salaries, contracts and spending are now available to the public on transparency.ky.gov.
He added that he was proud to have been part of the effort to pass juvenile justice reform in 2014 and the Supreme Court’s move to increase access to civil legal aid for the poor by creating the Kentucky Access to Justice Commission in 2010.
FUTURE OF STATE COURTS
Chief Justice Minton also took a look at how several current issues will have a growing impact on the future of the Judicial Branch.
Racial Justice and Equity. He said the court system must continue its already significant progress to reduce racial, ethnic and equity disparities by prioritizing resources and training to strengthen its inclusion and diversity efforts for years to come.
Digital Transformation of Public Services. He stressed that court technology must continue to evolve to meet the growing demand for services on digital platforms that are easy to access and easy to use.
Behavioral Health Issues. He said that mental health disorders and substance use are prevalent in society and, in August, the Judicial Branch launched the Kentucky Judicial Commission on Mental Health to improve the judicial response to court cases involving mental health, substance use and intellectual disabilities.
Changing Conceptions of Work. With the nature of work evolving rapidly due to a shift to virtual spaces, multigenerational expectations of the work environment and new jobs demanding different skill sets, he said the court system must keep pace with these changes to remain competitive in a challenging job market.
Climate Change. With more severe and more frequent natural disasters, such as the tornado that destroyed the Graves County Courthouse and the floods that damaged the Knott County Judicial Center this last year, he said the court system will need to escalate its emergency management planning to reduce future loss of property and minimize disruptions to the courts.
CLOSING REMARKS
Chief Justice Minton acknowledged those whose vision, hard work and collaboration have made this progress possible.
He thanked the legislators for their valuable partnership; public and private agencies for helping the courts to tackle tough issues and implement solutions; his fellow Supreme Court justices for being exceptional colleagues; the judges, circuit court clerks and court staff for serving the commonwealth with a deep sense of duty and dedication; and his wife and children for indulging his desire to find fulfillment in judicial service.
He closed his remarks with a charge to the legislature. “As I prepare to exit stage right – or in this case, step away from the bench – I want to leave you with a charge as you carry on the important work of governing. I can say with great certainty that the state of the Judicial Branch is strong and that nothing is more paramount than preserving its independence. The very health of our democracy depends on a system of three separate but equal branches of government.
“I hope that your relationship with my successor is as productive and cordial as the one you have had with me and that the crucial separation of powers remains the basis for every good thing that state government can achieve.”
About Chief Justice Minton
With more than 14 years as administrative head of the Judicial Branch, Chief Justice Minton is the second longest-serving chief justice since Kentucky’s modern court system was enacted in 1975. He was elected to the Supreme Court in 2006 to serve the 2nd Supreme Court District, composed of 17 counties in Western Kentucky. His fellow justices elected him to serve a fourth four-year term as chief justice in 2020. He is a member of the board of directors for the State Justice Institute, a federal nonprofit corporation that awards grants to improve the quality of justice in state courts. He is also a past president of the Conference of Chief Justices and past chair of the National Center for State Courts Board of Directors.
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