January 6 Resolution

Over the weekend the Republican State Central Committee, by someone’s motion from the floor, considered a resolution regarding January 6th and “recognizing the citizens who have been held without due process.”  I oppose this resolution, which I’m disappointed was adopted by the Central Committee (though thankfully only narrowly).  But I have questions.  Who has been wrongfully detained?  How many have been wrongfully detained?  On the basis of what knowledge is someone claiming these people are being wrongfully detained? Do they know whether they were mirandized?  Have any of the people been denied bail?  If so, have the supporters of the resolution put themselves in a judge’s seat to review the bail decisions and criminal records of each detainee?

The right to peaceably assemble, the right to petition the government for a redress of grievances, and the freedom of speech are the bedrock of our Constitutional rights. For some, that fateful, dark day began by lawfully exercising those rights. But many who were called upon and encouraged to so act, and others who may have acted on their own accord, subsequently abandoned constitutionally protected conduct in favor of ignoring law enforcement, ignoring the rules of access at the Capitol, ignoring the method by which we seek redress of grievances, ignored and disregarded decency and respect to our constitution, which resulted in threats of violence, which became trespass, criminal intimidation and threats, and tragically, actual violence.

Congress has thoroughly investigated the events surrounding that day with complete transparency and found as much. In fact, hundreds of participants in the disgraceful attack on the United States Capitol have offered apologies for the shame that they have brought upon themselves and their families, many citing the former President’s own months-long run of comments about a stolen election and calls to action. 

If there are people being held improperly, they are entitled to avail themselves of America’s justice system, a system built and used every day to protect those rights with zeal and resolve, and neither state party is suited to determine whether that’s happening.

In 2021, other members of this body saw what I saw that day, and expressed the same disgust and horror. At least one conversation was held about our own security in the State Capitol building. What I saw on January 6, 2021 was not a lawful exercise of constitutional rights, but a criminal assault on our democracy and the institutions that guarantee it. I will not honor it, will not water it down, hedge or equivocate about it, or stand by idly as others try to white wash the events that transpired on that day.  I vehemently oppose and do not support the resolution the state party decided to issue.

An Announcement

After narrowly, but confidently, deciding against running for the State House in 2010, I set my sights on the State Senate in 2012.  Despite challenging a popular, longtime incumbent, God provided a victory.  That campaign, run on values that were important to me, and that I believed represented the majority of voters in the 3rd Senate District, was a pickup for the Senate Republican Caucus.  Victory that night was the honor of a lifetime.  I was proud to become the Senate Majority Caucus’s 23rd member, and represent the people of the 3rd District.

Since my first day in office I have been blessed to serve as chair of the Senate Judiciary Committee.  I have tried my best to serve humbly, with a desire to benefit all Kentuckians.  I am honored to have served on a number of committees, task forces, and work groups, in the state and nationally, to consider, debate and advance the best public policy for the people of the Commonwealth.

Many hundreds of bills in committee and more than 10 years later, I can look back on a record I am proud of.  I have made myself accessible to Kentuckians both inside and outside my district.  I have relentlessly worked to protect unborn life, strengthen families, create an environment for record breaking job growth, reduce our income tax, and slow or stop efforts to expand gaming.  More than anything else I have spent my entire tenure in the legislature working to improve public safety, making changes to strengthen the criminal justice system for offenders and victims alike.  We’ve created necessary offenses and penalties to respond to criminal behavior.  I am particularly proud to have been the sponsor of Marsy’s Law, amending Kentucky’s constitution to create fundamental rights for crime victims.  Proof that we never stop learning, the longer I’ve spent in office, the more willing I’ve been to keep an open mind to policies a younger Whitney might have ignored or simply dismissed out of hand.

Election Day is still 19 months away.  Amanda and our children, now eight and five, have sacrificed greatly so that I can serve the people of my district, but they’ve sacrificed enough.  It is with these thoughts in mind and my desire to remain closest to those I hold most dear that I have decided not to seek reelection as the Kentucky State Senator for District 3.  I still have unfinished work to accomplish this year and next, and I’ll be working feverishly to meet those goals for my district and the people of Kentucky.  I’m eager to spend more time with my family when my third term in the Senate concludes at the end of 2024.

I plan to continue working in public policy after my time in the Senate has drawn to a close, particularly in the criminal justice and behavioral health space.  I look forward to what the future may hold, that I may contribute directly once again to the people of the Commonwealth.

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A Crisis within DJJ

The Department of Juvenile Justice is in a crisis never witnessed before. Recent reports demonstrate a lack of leadership within DJJ that allows a toxic loss of morale to manifest itself. Meanwhile, executive branch officials are ignoring the needs of front-line workers who have repeatedly tried to communicate directly with them.

For two years, your legislature has received no communication from our Governor on any policy changes or additional resources needed to help him manage the DJJ. In fact, the Governor’s own recent budget proposal did not reflect the request from the Department of the Justice and Public Safety Cabinet. There are reports of assault, rioting, and even a gang rape of a minor in the state's custody. We find these reports reprehensible, and unforgivable, and the inaction from the executive branch intolerable.

“The Commonwealth needs a juvenile system that provides for our most troubled youth’s well-being and the Governor is missing the opportunity to change the path these children will travel. ”

The most immediate priority is ensuring the safety of staff members and the youth. Responsibly deploying defensive measures such as Tasers and pepper spray are but two measures to remedy the situation. Those defensive measures are appropriate only if used judiciously by properly trained adults.

Elected officials met during the interim period because of what’s at stake and are appalled at what we've uncovered.  Kids are locked away 24 hours a day and are not allowed access to basic recreation or a shower. The excuse is understaffing and that it’s simply a more convenient way to maintain order. Workforce issues are challenging but when children are denied food, water and basic self-care, we have a real problem.  We do not cast blame on overstressed and overworked facility staff, who are doing all they can with what they have.  The buck stops with facility administration, the department, the cabinet, and ultimately the Governor himself. After having discussions with those working closest with the children in the Commonwealth’s care, it seems upper management is where the problem resides.

You can't have an effective organization without effective leadership. The lack of leadership at the cabinet level and with our executive branch demonstrates that until now no one there was paying attention.  They are ignoring the problem hitting them squarely in the face and failing to fulfill their basic responsibilities. Adding security measures and a new chief of safety is an admission that no one in the DJJ chain of command is actually doing their job. At best, the Beshear administration is moving the deck chairs around on the Titanic.

From our workgroup discussions, it seems the front-line workers cry out to DJJ leadership but their pleas fall on deaf ears.

Lack of communication is apparent inside and outside the executive branch. The workgroup, with representatives from both parties and chambers, has provided immediate recommendations to quell the rioting, and still, the Governor refuses to engage directly with General Assembly leadership.  He has not even acknowledged our recommendations to mitigate the crisis.  Since the delivery of our letter to the Governor last week, there has already been another riot in Bowling Green.

“Better to send them to restore order in detention facilities than at churches on Easter Sunday.”

The Governor has finally taken a positive step many months too late in deploying Kentucky State Police troopers as a stopgap measure. Before someone gets hurt, assaulted, or killed, we implore the Governor to step out of damage control mode and communicate directly with his co-equal branches of government.  Better to send them to restore order in detention facilities than at churches on Easter Sunday.

Absent leadership, an issue becomes a crisis.  The executive branch has taken a shortsighted view of a volatile crisis and ignored the most vulnerable youth who need their support. Security aside, this administration has also ignored the mental health needs of both DJJ staff and the youth in their care as these riots, assaults and security failures have occurred. The Commonwealth needs a juvenile system that provides for our most troubled youth's well-being and the Governor is missing the opportunity to change the path these children will travel.  Rest assured, if the kids in DJJ detention are neglected long enough, they will eventually become residents of the Department of Corrections as adults.

Senator Whitney Westerfield, R-Crofton, represents the 3rd Senate District, is chair of the Senate Judiciary Committee and a member of the DJJ Workgroup.