What is This, The Spanish Inquisition or Jury Trial Rights in Domestic Situations?
With apologies to the Monty Python group for our title, some days you just have to wonder about practicing in the District Courts. Time and time again, you see Joe D. Fendant involved in a domestic dispute. A protective order is issued prohibiting him from engaging in certain activities. Inevitably, he is arrested for a violation of the protective order pursuant to KRS 403.763. He is arraigned on the charge of Contempt – Violation of an EPO during the court’s misdemeanor docket. A bond is set after the Judge consults the pretrial report which in all likelihood incorporates the Chief Justice’s recommendations for bond evaluation in domestic situations. Because of the special circumstances of a domestic situation, the bond is set at a point your client is unable to meet. He sits in jail awaiting the trial call of the case. Finally the day arrives when you have an opportunity to present his case. Counsel has filed the appropriate jury request. Everything is ready to go and at the call of
