BY RACHEL DOVE
MOUNTAIN CITIZEN
INEZ — The Kentucky Constable Association has filed a lawsuit with the Attorney General’s office against the Kentucky Legislature after state lawmakers passed a bill that became effective this month, which they fear will diminish the powers of those individuals elected to the office of constable in their counties.
The association has voiced displeasure with House Bill 239, a bill sponsored by Rep. Adam Koenig (R-Erlanger) that gained support and was passed by lawmakers this year which strips constables from exercising general police powers unless certified through peace officer professional training. According to the new law, these rules only apply to constables who have been elected for the first time in 2022 and take office after Jan. 1, 2023. Current constables are grandfathered in without training, regardless of the length of time they have been in that position.
The lawsuit was filed by Larry Watkins, who serves as vice-chair of the constable association and a constable in Bullitt County but has support from constables from across the state. The lawsuit requests an injunction against the new law to prevent the changes from being implemented come the first of the new year.
Martin County Judge-Executive Colby Kirk said that although he understands the need for training because of the liabilities local courts must shoulder in such circumstances, he feels the state has handed down a mandate without thinking it through when it comes to how it affects the smaller counties within the state who have a limited number of deputies, who may or may not have municipalities that have police departments, and the cost and length of time attributed to the training that makes it fairly impossible to achieve.
“The length of time our two newly elected constables would have to be in Frankfort would be three months, and they would be expected to pay $15,000 for the training out of their own pockets,” said Kirk. “So that pretty much tells you that if this law is not changed, the only ones that could run for constable and expect to be able to back up our officers and perform tasks and duties that our veteran constables can do would be those who do not hold down another job and who are in a financial position to pay the $15,000.”
Sheriff John Kirk, who served the county as a ‘working’ constable before running for the office he now holds, agrees with the judge.
“They are the peace officers you see when you pick up your kids at school, attend church on Sunday, drive in funeral processions or attend ballgames. They play an important role to many, and I am grateful for all the times I’ve had to call for backup and they’ve shown up to help in whatever way they could without being paid for their time and fuel costs,” said the sheriff.
“Although the three constables who were reelected to their districts can continue as before, we have two new ones that will basically be able to do nothing. This law ties their hands.”
Sheriff Kirk said that he is in full support of continuing the initial 40 hours of training that has been in place for many years, as well as refresher courses that constables must pass successfully.
Anna Whites, who serves as attorney for the constable association, said the new law requires training for all newly elected constables but only gives opportunities for four elected officials to be trained at one time. The training takes three months to complete. The state has 100 constables taking office Jan. 1. Four of those have paid the $15,000 and are guaranteed a seat in the first class of the year but said since only four can attend at a time and only four are held per year, another election would roll around before the four-year term winners of those elected in the 2018 election would have to run again.
“So basically, this means that unless our two new constables are lucky enough to be able to come up with the costs for the training and be in Frankfort for three months, they will spend their entire four-year term on the sidelines with a very limited role,” said Sheriff Kirk. “And even if they can afford it and can put the required time in for the training, that still doesn’t guarantee they’ll get a spot in the class since so many will be trying to do the same.”
Judge Kirk said he is hopeful that the lawsuit filed on behalf of the constable’s association will force changes to the new law that would either lower the requirements for incoming constables or help offset the cost of the training.
The judge pointed out how Section 5 of the 1850 State of Kentucky Constitution under Article VI reads regarding constables:
“The Kentucky Constitution Section 99 declares that constables ‘shall be elected in each county’ and ‘shall enter upon the duties of their offices on the first Monday in January after their election.’ The constitution further states that ‘Constables shall possess the same qualifications as sheriffs and shall only be removed from office upon indictment, prosecution, and final appeal,’” said Kirk.
Constables are known throughout the state as peace officers who serve legal papers, escort funerals, and direct traffic for schools, churches and community events. They assist police at crime scenes and otherwise as needed.
“The training courses at the academy are very physical and very intensive,” added the sheriff. “Many people who run for constable are older, retired, or have some physical limitations and would more than likely not be able to pass the tests. I’ve seen young guys be sent home from the academy; it’s far from easy.
“In rural areas like ours, especially those operating on a very tight budget, our constables serve a great purpose,” said Kirk. “They direct traffic. Some even have K9 units that respond to emergency calls along with the sheriff’s office and state police. And let’s not forget all the times they take calls to free the sheriff’s department to address more serious crimes.”
Sheriff Kirk spoke of how a Floyd County Constable was shot and injured during the fatal incident in Allen that is still fresh in the minds of the local area, saying the constable was there to back up officers and to help protect the public and in the course of that evening, lost an eye when he was shot in the face.
“This man’s life was forever changed that evening, but I bet if you ask him if he could go back and do it over, would he have stayed away from the scene, he’d say no. He would be right there again, trying to help.”