The Kentucky judicial system delivered two correct and welcome decisions today.
First, Jefferson County Attorney Mike O’Connell announced he is dropping the felony charges against the 87 protesters who were arrested at Attorney General Daniel Cameron’s house on Tuesday.
Then, the Supreme Court of Kentucky issued a unanimous ruling staying the rulings of lower courts, thus leaving Governor Andy Beshear’s executive orders in place.
Dismissal of felony charges in Cameron house protest
On Tuesday afternoon, a large group of protesters walked to AG Cameron’s house and proceeded to sit on the front lawn while chanting and calling for justice for Breonna Taylor.
The protesters were told by Louisville Metro Police that if they did not disperse, they would be arrested. Most did not leave, so they were arrested and transported downtown. There they were charged with criminal trespass and disorderly conduct, charges that are misdemeanors and often used when protesters are arrested.
In addition, though, all those arrested were charged with “intimidating a participant in the legal process,” a Class D felony that is punishable by one to five years in prison.
While LMPD justified the charges by saying they thought the protesters were threatening to burn down Cameron’s house (a “burn it down” chant that is common in protests about unjust systems), most legal observers said that the charge was clearly not warranted.
Today, County Attorney Mike O’Connell said he was dropping those charges.
In a statement, O’Connell said, “While we do believe the LMPD had probable cause for the charge, in the interest of justice and the promotion of the free exchange of ideas, we will dismiss that charge for each protester arrested this past Tuesday. We continue to review the misdemeanors and violations for prosecution at a later date.”
SCOKY stays lower court orders, keeps Beshear executive orders in place
In recent days, Attorney General Cameron has joined or initiated numerous lawsuits designed to undo one or more of Governor Andy Beshear’s executive orders dealing with the pandemic. These lawsuits have been heard in multiple circuit courts, with rulings favoring Cameron in all of the cases.
Earlier this week, Cameron filed another lawsuit asking the court to overturn all of Beshear’s orders, both past and future, thus eliminating Beshear’s ability to issue such orders to deal with the pandemic.
Beshear had appealed one of the rulings to an appeals court, but that court refused to intervene. The governor then went directly to the Supreme Court of Kentucky.
Today, the court issued an order staying all the lower court decisions, even one that was still to be delivered, until the cases could be heard in the Supreme Court itself. The ruling by SCOKY was unanimous.
Below is the order as issued by the court.
ORDER
Pursuant to Section 110 of the Kentucky Constitution the Kentucky Supreme Court “shall have the power to issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause, or as may be required to exercise control of the Court of Justice.” Today we act pursuant to that power to maintain the status quo by staying orders issued by the lower courts of the Commonwealth pending further action by this Court.
In the midst of a global pandemic that has resulted in the Governor issuing Executive Orders deemed necessary to the protection of the public health and safety, two circuit courts have issued injunctive relief preventing the enforcement of specific Executive Orders challenged by plaintiffs who claim injury to their respective business interests. It appears that one circuit court has indicated an intent to issue an Order shortly that will enjoin all executive orders entered by the Governor and any actions taken pursuant to his public emergency powers. Given the need for a clear and consistent statewide public health policy and recognizing that the Kentucky legislature has expressly given the Governor broad executive powers in a public health emergency, the Court orders a stay of all orders of injunctive relief until such time as the various orders are properly before the Court with a full record of any evidence and pleadings considered by the lower courts.
The Boone and Scott Circuit Courts may proceed with matters before them and issue all findings of fact and conclusions of law they find appropriate but no order, however characterized, shall be effective. Our stay shall continue until the full record of proceedings below is reviewed by this Court, all parties have been given the opportunity to address the orders in briefs, and this Court issues a final order addressing these issues of paramount public importance to all citizens of the Commonwealth. This Court hereby directs that any lower court order, after entry, be immediately transmitted to the Clerk of the Supreme Court for consideration by the full Court pursuant to its constitutional authority under Section 110.
IT IS SO ORDERED.
All sitting. All concur.
Dated: July 17, 2020
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