Christian County Sheriff’s Major Jason Newby wants a law requiring attorneys in Kentucky to go under oath before any court proceeding.
Major Newby says he recently spoke with state Representative Walker Thomas about his idea and believes Thomas to be receptive.
In a written statement sent to WHOP News, Newby says he believes all attorneys—the prosecution, defense and lawyers in civil cases—should be required to swear to tell the truth before giving an opening or closing statement, and prior to questioning a witness.
He feels such a law would, “encourage prosecutors to vet cases more thoroughly before presenting to a grand jury” and “prevent attorneys from manipulating the truth or blatantly lying.”
Newby says his request is not in response to any specific case and is not directed toward any one attorney or entity. He asserts, “It is simply a request that would put all persons involved in a court proceeding on the same level of accountability.”
Representative Thomas tells WHOP News it’s too late to file such a bill during the 2019 session, but it’s something he will look into further in the future. Thomas says he’d consult with Senator Whitney Westerfield and Representative Jason Petrie—who chair their respective judiciary committees—before filing any legislation.
He believes Newby’s premise of attorneys being under oath has merit, but expects there will be stiff opposition from multiple places.
Full Statement from Maj. Newby below:
I have recently spoke with State Representative Walker Thomas in hopes to have a law implemented that would require any Attorney, to include, but not limited to, prosecuting, defense and civil attorneys, to swear an oath to tell the truth before any court proceedings. I feel any attorney that is going to give an opening statement, closing argument or even question an officer or witness should be required to tell the truth while doing so. Throughout my career, I have witnessed attorneys manipulate the truth and blatantly lie to jurors during court proceedings in an attempt to confuse the jury and win a case. Unfortunately, nothing could be done about these incidents because the attorneys were not under oath. I have even seen attorney’s go as far as making malicious accusations of perjury and dishonesty, simply because they do not agree with a testimony, after they have committed that offense themselves.
I feel this requirement would help the justice system in many ways. I feel it would encourage prosecutors to vet cases more thoroughly before presenting it to a grand jury, prevent attorneys from manipulating the truth or blatantly lying and minimize jury trials for cases that only use deception as a defense.
My request for this law does not stem from a single incident or case. It is not directed towards any one attorney or legal entity. It is simply a request that would put all persons involved in a court proceeding on the same level of accountability. If an attorney uses honesty and integrity during a court proceeding, my request should not be an issue.