Start Date: 1/14/2021 8:00 AM EST
End Date: 6/30/2021 11:45 PM EDT
Venue Name: Via Zoom
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KY Constitutional Amendment No. 1, aka Marsy’s Law
2.0 Total Hrs; 1.25 Ethics Hrs
Facilitated by Rebecca Ballard DiLoreto, KACDL Legislative Agent and Legislation Committee Co-Chair
Presenters: Rebecca Ballard DiLoreto, B. Scott West, and David Niehaus
David Niehaus, Scott West, and Rebecca Ballard DiLoreto explore how to defend your client in the face of the new constitutional amendment that arguably elevates the rights of victims to a status equal to or perhaps greater than the constitutional rights of your clients. This new amendment demands our attention as it threatens our right to discovery (including exculpatory evidence), may restrain our ability to investigate our client’s case, may undermine our vigorous motions-in-limine and could constrain the kind of penetrating cross-examinations demanded to protect our client’s right to zealous legal representation. These three experienced litigators will help you think through how to protect your client from the prosecutor’s charging decision and bail through final sentencing and parole board review. Litigating tips, motion practice examples and opportunities for brainstorming will be the bedrock of this training experience.
Rebecca Ballard DiLoreto practices law across the Commonwealth. Co-Chair of the KACDL Legislative Committee, DiLoreto served previously as the KACDL President for two years, chaired the Education Committee for four years and also served for four years as KACDL Legislative Agent. DiLoreto began her assessment of victim’s rights in law school researching the topic for Professor Sarah N. Welling, a former prosecutor in Chicago and current University of Kentucky Law Professor. DiLoreto graduated from Amherst College, Amherst Mass., Magna Cum Laude. She worked for the KY Department of Public Advocacy from 1984 through 2008, at which time she assumed responsibility as the Litigation and Policy Director for the Northern Kentucky Children’s Law Center. While in that leadership role, DiLoreto provided legal representation to children who were victims or key witnesses in criminal prosecutions in addition to other duties. DiLoreto has been the Executive Director for the Institute for Compassion in Justice, Inc. since 2015. She has served for the past eighteen years as chair of the KBA Children’s Rights, Child Protection and Domestic Violence Committee. As the Legislative Agent for the KACDL, DiLoreto vigorously opposed elevating victim’s rights to a constitutional level.
David Niehaus retired as Deputy Appellate Defender for the Louisville Metro Public Defender in 2015. Since then, he has consulted with attorneys on appellate and other matters, especially in cases where the interpretation of statutes, court rules and the Constitution of Kentucky are major concerns. From 2016-2020, he was chair of the KACDL Amicus Committee. In 2018-2019, he was co-counsel in the litigation that led to Westerfield v. Ward, 599 S.W. 3d 738 (Ky., 2019) which voided SB-3, the previous attempt to adopt Marsy’s Law in Kentucky. Also in 2018, he co-taught a class in Kentucky Constitutional Law at the University of Louisville School of Law. Currently, he is co-counsel in the appeal to the Supreme Court of Kentucky concerning SB-15, the Marsy’s Law amendment voted on during the 2020 General Election.
B. Scott West, Department of Public Advocacy Deputy Chief and KACDL 2019 President and Education Committee Chair
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2.0 TECH CLE Credits (including 1.25 Ethics Credits) pending approval by KBA for 2020/2021 reporting year.