The Kentucky Supreme Court has upheld a trial court’s ruling that the ballot question for Marsy’s Law last year was insufficient; meaning the constitutional amendment establishing a crime victim’s bill of rights won’t take effect.
Just over 72 percent of voters checked the ‘yes’ box on the November ballot when asked: ‘Are you in favor of providing constitutional rights to the victims of crime, including the right to be treated fairly, with dignity and respect, and the right to be informed and have a voice in the judicial process?’
Opponents of Marsy’s Law argued that question oversimplified what the amendment would actually do. Senator Whitney Westerfield of Christian County, who is running for the District 1 seat on the Supreme Court this year, sponsored the bill and believes the court acted in conflict with prior decisions.
He says there’s support in the General Assembly to try again next year.
Westerfield disagrees with opponents who believe Marsy’s Law reduces a presumption of innocence for suspects, instead believing rights set out in the proposed amendment should be fundamental.
The 2020 session of the General Assembly could take Marsy’s Law back up when lawmakers convene in January.