Brendon Miller

County Attorney Corner

COUNTY ATTORNEY CORNER By BREATHITT COUNTY ATTORNEY
BRENDON D. MILLER

PERSPECTIVE 12-21-05
Wow, is it really possible that 2005 is nearly over? It does not seem possible that I am set to begin my fourth year as County Attorney. What I have always heard about your life passing quickly and years being gone without you realizing it is now coming true. The holiday season is wonderful as we get to spend time with family and spread Christmas cheer. Also, this season gives each of us an opportunity to take a look at our present personal situation and all things that touch our lives and be thankful for the things we are happy with and a chance to form a plan to change those we are not.
What is your perspective of Breathitt County and our community? In my job, I hear so many people condemn our community and talk about how the bad things, such as the drug problem, and how they think that things will never change. Thankfully there are some of us who feel differently and that things must change for Breathitt County to be successful, and are dedicated to making that happen. It continues to amaze me how many people are unhappy about their situation, or that of others, but will do nothing to change it but complain.
When I ran for this office four years ago, I did so with a desire to be a leader and to try and move this County in a direction for improvement. I told all persons that I thought my position was the most important county office that was being elected in that election. I did this not for any other reason than I did, and do, believe that this is so. (to this list I would add non-county offices of both Circuit and District Judge and Commonwealth Attorney) How I run my office, affects everyone, not just those persons who come to District Court, in that it dictates the attitudes in our community. My view is that the County Attorney is, has been and will be, the “conscience of the community.” Meaning what behavior that is not prosecuted, will go on and increase. If I were to decide not to prosecute impaired driving, theft cases, or assault cases, or allow persons not to pay their delinquent taxes or child support, then no one will ever change their attitude and there will be no penalty for such behavior, and in turn, people will be injured or harmed. An example would be if someone breaks into your home, and then when they come to court are not punished or forced to take responsibility for their actions, then that person is just going to come back and do it again. My desire was then, and is to this day, to make this a better community, and advance us beyond the common stereotypes of Eastern Kentucky. In a couple of weeks, I will publish the statistics for my office in 2005 for such things as prosecution of DUI’s, collection of taxes, and collection of child support, to show how we are progressing in those areas.
Each day of our life events happen that change us and our perspective on things. By far the most significant event to this point in my life has been the birth of my son Evan Darrell in November, 2004. It is truly amazing how much having a child changes your life. Now, both personally and as County Attorney, my focus has been altered a little, in that I desire more than ever to make this community better. However, my main emphasis is now to make this a safer and more desirable community for Evan, and all other Breathitt County children, to grow up. Just this week, I overheard a friend debating whether or not he wanted to allow his child to grow up in Breathitt County. We all must work to see that this question is answered with a yes and people don’t have to go elsewhere to find good circumstances for their children. The decisions we make and actions we take now do affect the next generation and the generation after that.
In 2003, I was honored to be asked to deliver the graduation address at Breathitt High’s graduation. I challenged each of the graduates and everyone in the Coliseum to use their life and energy to “make a difference” in all areas of society that they could. I, as a citizen of Breathitt County, and as an elected official, would ask and challenge each of you who read this article to use your energy positively to make a difference in our community for the good. Many of us pulling together can make the future so much better. Hopefully, each of us can look back this time next year and have a better perspective of the present and the future of our lives and community.
Merry Christmas and Happy New Year to each of you, and remember that Jesus Christ, and his birth, is the true reason for this season.

Large ATVs plus young drivers equals a dangerous situation 7-22-05
A ride on an all-terrain vehicle (ATV) in Breathitt County is a much a rite of spring and summer as a blooming Dogwood tree, and swimming in the creek. Their users are many—farmers, hunters, adults and even children.
There is considerable controversy surrounding children’s use of ATVs, according to numerous children’s safety advocates. You don’t have to look any further than the tragic fatal wreck last week at Haddix where children were involved on an ATV and motorcycle.
Children under 16 riding ATVs are four times more likely than ATV operators older than 16 to receive injuries requiring emergency room care, according to the National Safe Kids Campaign.
In Kentucky, more than 100 children under the age of 18 have died from ATV crashes in the last two decades. Thousands more sustained injuries.
Kentucky law allows children under 16 to ride ATVs. However, there are restrictions for certain age groups. A person under the age of 16 cannot operate at ATV with an engine size exceeding 90 cubic centimeters displacement and without direct parental supervision. A person under the age of 12 years old cannot operate an ATV with an engine size exceeding 70 cubic centimeters displacement.
The size of the ATV is important because a child is not physically strong enough to maneuver the larger ATVs, and many of the injuries suffered by children are caused by adult-sized ATVs. In fact, in 2001, 87 percent of ATV-related injuries suffered by children under 16 were caused by adult-sized ATVs, according the National Safe Kids Campaign.
These statistics have many child safety advocates screaming for new and stricter laws.
Many people are just not obeying the current law, and this is the responsibility of the parents. Many parents buy their children adult-sized ATVs, do not supervise their children’s riding of ATVs, and allow them to ride without helmets. Following current law could go a long way in preventing many injuries and deaths.
Kentucky law requires helmets for ATV riders on public property (with a few exceptions for agricultural, mining, logging, and commercial uses), but not on private property. Fines can range from $20 to $50 for each violation. Even though the fine is not substantial, the intention is to encourage people to pay attention to safety. The fine is inconsequential compared to the injury or death of a loved one.
Safety advocates recommend the following guidelines for anyone riding ATVs:
Do not carry passengers. Riding with a passenger can throw off the balance of the ATV, causing a crash.
Wear helmets. It is estimated that helmets could prevent almost 50 percent of the most severe head injuries.
Take a training class. The ATV Safety Institute offers classes; call 1-800-887-2887 for locations and schedules.
Do not ride ATVs on public roads, except for commercial purposes or to cross the highway. This is the law in Kentucky.
Parents always supervise children on ATVs.
Purchase ATVs appropriate for the rider’s size.
Riding an ATV can be a fun activity, however, that fun must coexist with an extreme amount of caution and an understanding of the law. I urge all Breathitt Countians to follow the law and provide a safe activity for your children and everyone.

End-of-Life Decisions Should be Documented in Advance
As the nation watched the drama regarding the life of Terri Schiavo unfold over the last couple of weeks, many of us have come to realize that we, or a loved one, could be in the same situation and have to decide the medical treatment and very life and death of a loved one.
Schiavo was a brain-damaged Florida woman who had been dependent on a feeding tube for nourishment for 15 years following heart failure. Schiavo’s husband, Michael, successfully petitioned the courts in Florida to permanently remove her feeding tube asserting that she would not have wanted to be kept alive by artificial means. Schiavo’s parents did not wish for the tube to be removed and for her to continue to live in hopes that she could recover, and fought to keep the feeding tube and keep her alive. Schiavo died on March 31, after the tube was removed.
Regardless of your opinion about end-of-life issues, every person needs to make the decisions regarding their how they would like their affairs handled and life-sustaining treatment before a life-threatening illness or accident occurs. If some type of advance directive is not chosen, then the person’s family will be left in the same predicament as Shiavo’s family, fighting over life and death.
I recommend that everyone should not only make decisions ahead of time, but also document their wishes in writing to protect loved ones in times of tremendous stress. There are several steps that can be taken to help their loved ones make important decisions on their behalf—whether during a serious medical condition or simply when one spouse is unavailable to be present at important financial events. The documents that will help are a power of attorney, a will, and a living will.
Power of attorney
Typically, a power of attorney is not used for medical decisions, however, they do allow the spouse or chosen loved one(s) to make the necessary decisions to keep their financial affairs intact and operating when the grantor is unable to conduct business affairs because of travel or other engagements. There are two types of powers of attorney: general and limited.
The general power of attorney grants a person the right to transact business on behalf of another. This power of attorney gives broad authority. For example, a general power of attorney could give a wife rights to transact all business on the husband’s behalf. The limited power of attorney gives specific rights to transact business on behalf of another. The limited power of attorney, for example, may give a wife the ability to handle transactions regarding the sale of their home while the husband is out of town.
Durable power of attorney
It is important to recognize that any power of attorney becomes invalid when the grantor (person giving power of attorney to another) becomes incompetent. In order for a power of attorney to remain valid, it is necessary to have a durable power of attorney clause written in the power of attorney. The durable power of attorney ensures that the power of attorney will remain valid if the grantor becomes incompetent. A grantor also can state in the durable power of attorney clause that he or she does not want the power of attorney to become valid until his or her competency is in question.
It is important for people to decide whom they want to be their power of attorney and what privileges they want to give him or her before they become incompetent. Once a person is incompetent, he or she cannot assign a power of attorney.
If a person does not have a power of attorney or it is not durable and they become incompetent, then the loved one would have to request guardianship over the incompetent person through a disability hearing in district court. My office handles almost all of these type of cases without cost as a service to the Citizens of Breathitt County. The hearings consist of a team of a doctor, psychiatrist, and social worker examining the person and then putting the evidence before a jury and that jury decides if the person is in a condition that someone else should be making the decisions for them.
These hearings can become very emotional and stressful for the loved ones, and a little planning and preparation can avoid this and make a smooth transition when a debilitating condition exists.
Will
A will can prevent a good deal of stress and confusion among family and friends once a loved one dies, and it also gives the person making the will the power to decide how his or her assets will be divided upon his or her death. When a person dies without a will, the law decides how the property is distributed.
A will should describe how to divide the deceased’s property, name an executor of the estate, and establish guardians for minors, if applicable. Although many experts recommend an attorney prepare wills, Kentucky law does not mandate this. A will simply must name an executor, be signed by the person making the will (testator) and be attested by two credible witnesses to be valid in Kentucky. A will written in the testator’s handwriting does not require two witnesses to be valid.
Living Will
While a power of attorney, the durable power of attorney clause and a will deal primarily with business and personal business transactions, a living will is designed to help in serious medical situations.
In a living will, a person identifies a health-care surrogate to make health-care decisions for him or her in the event he or she becomes unable to do so. People can specify in their living will whether they want life-prolonging treatment and/or artificially provided nourishment and water. According to Kentucky law, the health-care surrogate and the attending physician are required to follow the grantor’s care instructions.
If there is no living will or other directive, Kentucky law sets out a hierarchy of those who can make end-of-life decisions. Usually, the legal guardian is the first in authority to make those decisions. After that, the spouse, adult children, parents, and the nearest living relative (in that order) can make end-of-life decisions on the behalf of a loved one.
You can download a Kentucky Living Will packet from the internet from the Attorney General website at http://ag.ky.gov/livingwill/, I will also put a link on my website at www.breathittcoattorney.com
By taking a little time now to consider future situations, you can take comfort in the fact that you have given your loved ones the ability and knowledge to make the proper decisions.

COUNTY ATTORNEY CORNER 2-28-05
BRENDON D. MILLER, Breathitt County Attorney

2004 REPORT
Monday, January 3, 2005, marked my two year anniversary as County Attorney. I sincerely thank you, the Citizens of Breathitt County, for giving me the chance to serve in this position. I apologize that it has taken me a couple of months to get the following report together, but time certainly is short in my life these days. As I stated last year, this job is grueling and tough, there certainly are no off days. It is necessary to work on Saturdays and Sundays to keep up with all matters that need to be addressed. It seems that almost everything that goes on in the Courthouse ends up in my office for either advice or resolution. Add to that the birth of my wonderful baby boy Evan Darrell on November 3, and the almost overwhelming task of realizing a lifelong dream of planning, managing, financing, and building our golf course, 2004 was draining on me both physically and mentally.
Though 2004 was difficult, it was a progressive and successful year in the County Attorney’s office. I ran for this position so that I could use it to affect the direction that our County will take in the future and our ability to compete with others for advancement. As I stated when I campaigned, I want to be a proactive and not reactive official. During the last two years I have forwarded many new ideas and theories on how to do this job and shape this community and many of the new ideas, programs, and changes that were instituted in 2003 have begun to bear fruit. Hopefully the end result of the accomplishments of my office listed below will point Breathitt County in a new direction for the future.
As I stated last year, few people realize the wide range of duties that this job encompasses and the many different areas that this office touches. Developments in the different areas of the job during 2004 are listed below.

PROSECUTOR
I reported to you last year, that upon taking office I made a major change in how criminal charges are issued from our office on complaints by private citizens. The process of me personally reviewing each complaint for validity before a warrant or charge is approved to be issued has cut down the number of warrants issued on complaints by private citizens. This process is time consuming, however, charging someone with a crime is serious business, and if a private citizen wishes to charge someone, they must be able to meet the elements of the crime before there is enough probable cause for a charge to be issued. My responsibility is to only have cases that can be proven come to court. This responsibility is even greater given the County’s present jail budget issues. Also, institution of the policy that if a private citizen gets a warrant and then decides to not prosecute the case, they pay the court costs on the proceeding has helped to keep cases where people just want to have someone arrested or to collect money to a minimum.
Currently our District Court docket is in excellent shape and most cases are progressing quickly to resolutions and there is not a backlog of cases awaiting trial. As of March 1, there are only 17 criminal cases set for trial, none outside of the next 60 days. My office has steadily worked our caseload down by preparing our cases on time and attempting to have continuances in very few cases. The same is true for our Juvenile case docket. This docket is prosecuted by Assistant County Attorney Stanley T. Turner, who has done a wonderful job in protecting abused children and prosecuting juvenile crime.

DUI’S
While campaigning for this office, I committed to prosecuting cases with people charged with driving under the influence aggressively. It is my responsibility to make sure that impaired drivers are off the road and not out putting the lives of other Breathitt Countians in danger. Prosecution of DUI cases is no longer an easy endeavor, as many of the cases are now persons whom are charged for driving while impaired by drugs and not alcohol. Many are persons who are charged for driving on their own prescription medication. It is very rare where we have a simple case of someone out driving after having too may beers. DUI drug cases require much extra work and that many extra steps be taken in the proof of such cases, including having lab technicians be present to prosecute the cases. I have taken a very firm stand on these cases that if a person has a drug in their system, even if it is their drug prescribed to them, that they are under the influence. I have presented those persons the choice to plead guilty or they will have an opportunity to convince a Breathitt County jury they were not impaired. According to the records provided to me by the Breathitt Circuit Clerk and records kept by my office, we had a total of 179 DUI cases that were fully disposed of in District Court during 2004. The breakdown of disposition of those cases is a follows:
Guilty pleas as charged – 122; Guilty pleas to amended higher or lower level of DUI as was charged with wrong level based upon driving history – 20; Guilty verdicts at trial – 2; Not guilty verdict at trial – 1; Bound over to Grand Jury for indictment on Felony charges associated with the DUI - 5; Case dismissed as defendant deceased before case disposition – 2; Cases amended to reckless/careless driving due to clean blood test – 6; Cases amended to reckless/careless driving due to blood alcohol content being less than .08 and/or no chemical test – 5; Cases amended to reckless driving as test lost at lab or was not completed by lab by date ordered by court – 2; Case amended to reckless driving as officer not available for trial date – 1; Case dismissed as officer failed to appear at trial – 1; Cases amended to AI as operation of vehicle could not be proven and/or insufficient chemical test – 5; Cases dismissed due to clean blood tests – 5; Case dismissed by court upon ruling of no probable cause for traffic stop -1; and Case dismissed as could not prove operation of vehicle – 1.
This is a total of 179 cases, with 142 guilty pleas and 2 guilty trial verdicts, for a overall conviction rate of 80%. When you subtract the 5 DUI’s transferred to the grand jury, the 2 cases dismissed due to the defendants passing away, the 1 case dismissed and 1 amended as the officer was unavailable or failed to show for trial, the 11 cases either amended or dismissed because the blood test came back clean, the 5 cases amended because the blood alcohol content was below the legal level or there was not chemical test, the 2 cases amended due to a lost test sample or test suppressed by court, and the 1 case dismissed due to not probable cause for the stop, there have been 144 of 151 cases with a conviction for DUI, for a percentage of 95.36%. Of the remaining 7 cases, 5 were amended to the lesser offense of AI as operation of the vehicle could not be proven, (generally when the defendant is no longer at the scene when the police officer arrives and there is no evidence that the defendant was the operator), 1 was dismissed as could not prove operation and the party did not meet the elements of AI, and 1 acquittal at trial.
As the above numbers make clear, my office will only amend or dismiss a DUI case when there is not a way for us to prove our case at trial. Anytime a DUI is amended or dismissed, the reason therefore is stated on the record. My office will continue to prosecute DUI cases as aggressively as possible, and hopefully, people will realize that they will not be allowed to place the lives of other persons in danger by driving impaired on our roads.

CHILD SUPPORT
2004 was a banner year for my Child Support office. My staff and I traveled to Frankfort on August 17 to receive the Outstanding Performance Award, from the state Division of Child Support in Frankfort for having the largest increase in performance rankings in the state during the fiscal year from July 2003 to June 2004. This was a major accomplishment and speaks well of the wonderful job that my staff does. The child support office consists of supervisor Mary Lucas, caseworkers Lisa Herald and Penny Charles, and secretary Joy Hollon.
Our contractual duties with the Cabinet for Families and Children are four pronged: 1) establish paternity of children born out of wedlock; 2) establish support in each case where the parents of children are not living together; 3) collect current monthly support; and 4) collect child support arrearages. Our office is ranked against other counties in the state as to our position overall and in each of those categories.
In the statistical categories we have made the following improvements in the rankings of all 120 counties in the state:
                                          January 2003 December 2003 December 2004
Support Establishment               92                      66                        37
Paternity Establishment             96                      35                        23
Current Support Collection        81                      92                        86
Arrearage Collection                 75                       45                        40
Overall County Ranking            87                       42                        43

The increases in both paternity and support establishment were the largest increases in the state for a county in each category. It would have been great to just have a large increase in one of the categories, but to have the largest increase statewide in both and to also have the largest increase for the overall office jumping over 45 other county attorney offices in raking was very satisfying. The one category that did not show significant gain was current support collections. This is misleading in that our percentage of cases paying in that category is actually higher, however, due to the large number of cases in which support has been established this year we are working on getting many of those persons started paying. Unfortunately, our percentage of collection of current support will probably never be really great due to the difficulty of collecting support from persons drawing state assistance and the economy of Eastern Kentucky. We routinely file contempt motions for collection and if this does not work, then file criminal charges. We handle as many persons as possible in District Court, however, many persons end up being indicted for larger amounts that they refuse to pay. Special thanks to Commonwealth Attorney Darrell Herald for his work in prosecuting those persons.
Child support is so vitally important in that to each citizen even if they are not involved in a child support case. It is my contention that the state budget deficits were are facing would be much less if more child support were paid. The Commwealth of Kentucky State is paying to raise many, many children, and non-payment or recoupment of that money leads to deficits.

TAX COLLECTION
During the last two years, I have made a concerted effort to collect delinquent property taxes. The results have been truly greater than I ever imagined. My original goal in 2003 was a total of $100,000.00 for the year. The final number for 2003 was $197,712.37. For 2004 I again lowered the goal to $100,000.00, and through collection efforts totaled the sum of $261,493.76, for a two year total of $459,206.13. Of that amount the following amounts were distributed to the taking districts and offices:

                                                              2003                    2004                   TOTAL
Breathitt Board of Education                  $61,721.05           $93,233.83           $154,954.88
Kentucky State Treasurer                      $30,982.59           $36,366.75           $67,349.34
Breathitt County General Fund               $23,376.86           $29,938.70           $53,315.56
Breathitt County Clerk                          $17,174.29            $21,635.87           $38,810.16
Breathitt County Library                       $11,821.27            $15,649.76           $27,471.03
Breathitt Extension District                    $ 7,002.97            $10,359.76           $17,362.73
Breathitt Health Department                  $ 6,963.34             $9,143.50             $16,106.84
Breathitt County Sheriff                       $ 3,178.58             $2,930.65             $6,109.23
Breathitt Conservation District              $ 2,750.56             $3,601.24             $6,351.80
The balance of the money is for use by the County Attorney’s Office for operating expenses such as new computers, furniture, and office supplies. Though I hope we can again have a large collection year most of the large bills have been collected or set up on payment agreements, and equaling the totals of the previous two years will be difficult. I will again set the collection goal at $100,000.00. Collection of this amount will result in excess of $500,000.00 during this term in office. This money will prove very valuable to each of the agencies during the current and coming tough budget times. In reviewing the delinquent reports, it looks as though upgraded collection is working, as more persons paid their taxes during the 2003 tax year (fall of 2003) prior to them becoming delinquent. Hopefully, all persons will now take the opportunity to pay their taxes on time, without the penalties that come with delinquency.

COUNTY ADVISOR
Dealing with the issues presented by the Fiscal Court and other county offices is by far the most difficult and time consuming part of the job. There have been so many issues that have come to the forefront during the past year including many aspects of the Judicial Center, county line dispute with Perry County, county roads, many personnel matters, lawsuits and potential lawsuits against the county, and all other matters that touch the County and other elected officials, all of which have demanded much time. Most importantly, I am interested in making sure that all matters undertaken by the Fiscal Court are done in publicly held meetings so that all citizens can know how their government runs and what their tax dollars are being spent on. I am particularly proud to have been involved in the process or renaming Highway 15 the Breathitt Veterans Highway to honor our veterans.

WATER DISTRICT
As counsel for the Breathitt County Water District, I feel that my contributions thereto are potentially the most beneficial matters I have undertaken for the future of the County. For years, the District has not been established properly and many hours were logged getting the Water District officially organized and established according to law, so that it could function independently of the Fiscal Court and actually be eligible to receive the funds needed to do the projects. During 2004, the Phase I project to Highland-Turner School was completed and there is currently water pumping out Route 30 West. I was able to complete a total of 82 easements and right of ways for Phase II along Ky. 397, Curt Road, and around Old Buck and on Highland Road. This project is currently underway and pipe is being laid. During this year, the District will be beginning right of way for Phase III along Highway 52 to the Lee County line and across Hwy. 541 to Mt. Carmel. The process will be slow, but water will spread throughout the County in the coming years, and I am proud to say that I was able to do my part and assist in it happening.
Needless to say, doing all the many aspects of the job along with being a new father, and the other businesses, projects, and matters in which I am involved makes performing all very, very difficult. This said, I truly enjoy this job and trying to make change happen for the future of this County, and I am looking forward to the coming years when more results will be apparent. I would like to extend a special thanks to Assistant County Attorney Stanley T. Turner and County Attorney Secretary Imogene Minix for their tireless work.

Please e-mail me at bdmiller@setel.com with any comments, and visit the County Attorney website at breathittcoattorney.com for more information on the office. Remember, Breathitt County can only be better through the work or people who want to make it better. In all that you do, do the right thing and I challenge you to MAKE A DIFFERENCE

BREATHITT COUNTY ATTORNEY BRENDON D. MILLER 1-14-03
Hello, citizens of Breathitt County. I would like to sincerely thank each and every one of you for providing me the opportunity to serve as your County Attorney for the next four years. During my campaign, I noticed that as I spoke with people about why I wanted to be County Attorney, most had no idea what the job involves and the many far-ranging duties that the County Attorney must undertake. I decided that once elected, I would attempt to educate the public as much as possible about what the job actually entails, and attempt to explain associated issues. As County Attorney, I will be a prosecutor, counsel for the Fiscal Court and county officials, a tax collector, and handle all issues regarding child support. I have found that the more educated a person is on an issue, the more receptive they are to another person’s viewpoint. Also, education allows people to understand what rights and responsibilities they have under the law.

Initially, I would like to announce that I will personally maintain an office in the Courthouse. The County Attorney Office is Room 209 and is located at the left end of the hallway on the main floor of the Courthouse. It is my understanding that I will be the first County Attorney to actively work in the County Attorney Office in the last couple of administrations. I believe that the citizens of this county deserve to have the County Attorney in the Courthouse where matters can be addressed in an open setting, not in a private office where other factors can come into play. To this end, I have presently began significant improvements to the office that my staff and I hope will make the actual office a place that you, the citizens, can be proud of and exhibit the wise use of your tax dollars.

The office hours will be Monday, Tuesday, Thursday, and Friday from 8:00 a.m. to 4:00 p.m., Wednesday from 8:00 a.m. to noon, and Saturday from 9:00 a.m. to noon. The Saturday office hours will either be maintained in the Courthouse or at my private law office/Division of Child Support located at 1128 Main Street, upstairs over First National Bank, depending upon which of my staff is scheduled to work that date. The County Attorney phone number is 666-3808, my office number is 666-4400, and Child Support number is 666-5927.

Due to the overwhelming response to my election website, I have launched a new website for the County Attorney Office which I hope will be a resource for all Breathitt Countians. The site address is www.breathittcoattorney.com, and is currently under construction. In the future, this site will be the place to find links to such things as court dockets and statute searches.

I appreciate this paper allowing me this space to perform this public service. I will attempt to address an issue each month or as time permits. If you have any ideas or comments please email me at bdmiller@setel.com.
Let’s Build a Better Breathitt County Together!

COUNTY ATTORNEY CORNER 3-4-03
Have you ever been caught in a lengthy funeral procession? If so, did you politely yield or did you pass the cars in the procession? If you chose to pass the cars, then you most probably violated Kentucky law. In an effort to show respect for the deceased and the grieving family and friends, Kentucky has created a specific statute that outlines traffic guidelines for funeral processions. KRS 189.378 defines a funeral procession as two or more vehicles accompanying a hearse or other vehicle carrying the body of a deceased person. To be considered part of the procession, each vehicle must be identifiable by displaying a clearly visible flag or by turning on the headlights. Any vehicle in a funeral procession has the right-of-way at an intersection. These vehicles may proceed through the intersection if they are led by an escort vehicle displaying a flashing yellow, red or blue light.

It is against Kentucky law for a vehicle not in the funeral procession to drive between vehicles of the procession or otherwise interfere. In fact, it is against the law for a vehicle to attempt to pass a vehicle in a funeral procession, except in these instances:
· The vehicle is instructed by a police or safety officer to pass;
· The procession is on a street, road or highway outside the corporate limits of a city, town or urban-county government; or
· The procession is on a highway or state parkway.

Of course, these rules do not pertain to emergency vehicles in route to an emergency or to vehicles directed to do otherwise by a police or safety officer, but do apply to people not included in the procession who try to gain the right-of-way at an intersection by turning on their headlights.
Any of these illegal actions is considered a Class B misdemeanor, punishable by up to a $250 fine and/or 90 days in jail.

The statute does not address motorist coming in the opposite direction and their need to stop. This being said, it has long been a tradition in Eastern Kentucky for oncoming motorists to stop for the procession, to show reverence for the deceased. Though stopping is not required, all drivers you should always use caution for those who do so as to avoid an accident.
So the next time you get behind a funeral procession, remember the law. By following the law you will show respect to the mourners and help ensure your safety and the safety of others.

County Attorney Brendon D. Miller explains laws for ATVs 3-31-03
After one of the worst winters in history, I am sure that we all are eagerly awaiting warmer weather and outdoor activities, and for most that inclues the use of recreational vehicles. As spring and warmer weather arrives, all-terrain vehicles (ATVs) begin to dot the outdoor areas. While ATV’s are fun and useful, they can also be very dangerous. We have all seen, heard of, or know of people, especially children, whom have been injured, and even lost their lives, due to ATV accidents.
It seems that a large majority of Breathitt Countians own four-wheelers, and they are as much a part of our culture as tobacco, cattle, and horses. However, most people do not know that there are laws that apply specifically to ATV’s to ensure the safety of the operator and any passengers. People owning ATVs need to be aware of the laws and should follow them to prevent accidents and liability problems.
The Kentucky statute that applies to ATV’s is KRS 189.515. Per the statute, ATVs are not permitted to be operated upon any public road or the right-of-way of any public road, with only limited exemptions.
A person may drive an ATV on a road if he or she is using the ATV for the limited purposes of farm or agricultural-related activities, construction, road maintenance or snow removal.
For recreational purposes, an ATV may be operated on a public road for a distance of only 0.2 miles or less. This exemption is primarily to get to a trail or between trails. ATV drivers may cross roads when going from trail to trail; however, the driver must cross the road as close to a 90-degree angle as possible to comply with the law.
It is important to remember that in order to operate an ATV on a road, even for a short distance, the operator must have a valid driver’s license and must restrict the operation to daylight hours, except when engaged in snow removal or emergency road maintenance. The ATV must be outfitted with at least one headlight and two taillights any all must be illuminated at all times the ATV is in operation on a Kentucky road.
Kentucky law does not specifically mention insurance with regard to on-road use of ATV’s, however, it does mention that operators of ATVs on public highways must comply with all applicable traffic regulations. In my opinion, this includes carrying liability insurance for the ATV.
Off-road use of an ATV does not require a valid driver’s license or insurance. However, insurance is available for ATVs as separate policies from other vehicles. Some farmers think their ATVs are automatically covered by their farm owners' policies; however, this is not the case. The ATV, like other farm equipment, has to be added and specifically mentioned in a farm owner’s policy.
Regarding off-road use of an ATV, it is important that operators respect the property of others during use. To that end, it is important for operators to obtain permission of the property owner of the property being operated upon to comply with the law. In regards to private property, the owner’s permission must be obtained, and for use on public property the governmental agency responsible for the property must have approved the use of ATVs. This is important in that if permission is not obtained, the operator is in violation of this statute and may also be charged with criminal trespass for being on the property and criminal mischief is there is damage to the property. For this reason, I would recommend that written permission be obtained to protect all parties.
The law also stipulates that protective headgear must be worn when an ATV is in operation; however, that requirement is waived when the operator in engaged in the following:
Farm or agriculture-related activities;
Mining activities;
Logging activities;
Any other business, commercial or industrial activity; or Use of an ATV on private property.
The law also seeks to protect those too young to operate an ATV. For example, children under the age of 16 cannot operate ATVs with engine sizes exceeding 90 cubic centimeters displacement, and children under the age of 12 cannot operate ATVs with engine sizes exceeding 70 cubic centimeters displacement. All children under age 16 can only operate an ATV under direct parental supervision.
Persons who violate the laws in regard to ATV’s are subject to a fine of $50.00 per violation along with court costs. The fine in the case of use on a public highway is paid into the county road fund, and in the case of a privately owned road is paid to the private person. Now that spring is here, I hope all Breathitt Countians are able get out and enjoy the outdoors and have fun on their four-wheelers, but please be safe and obey the law.

COUNTY ATTORNEY MILLER ANNOUNCES NEW POLICY ON TRUANCY 7-28-03
County Attorney Brendon D. Miller, along with the Breathitt County School system and Jackson Independent School system are jointly instituting a new policy to reduce absenteeism in the local schools in the upcoming school year. "Reducing truancy has long been a goal of mine", Miller said, it can have such an impact of the child and the community". "Almost any person you hear talk about economic development or change in the circumstances of Breathitt County always states that the basis for each is education,
and view is how can education be a factor if the children (our leaders of tomorrow) do not come. to school and receive at least the minimum education that is afforded them." According to Miller truancy is the beginning problem that leads to many problems for children as they become adults." Studies show that a large amount of criminals and persons who are jobless are persons who dropped out of school, and almost all dropouts are persons who have had truancy problems. Going to school daily also teaches the kids to get up and go to work every day and be a productive employee.

Miller has developed a truancy policy that he believes will work and reduce this problem. "As Assistant County Attorney in Estill County, we instituted a smaller version of the policy in Estill County and significantly reduced absenteeism in one year." Miller had a very productive meeting with Superintendent Ron Edens and all county principals last Wednesday and with Principal Tim Spencer of Jackson City School on Thursday and both have stated support for the plan. "Both school systems are going to actively take steps to find the sources of truancy and take steps to resolve it prior to the matter getting out of control", the County schools have had a large problem with this issue and I believe that Superintendent Edens is going to see that matters change."

Under the policy it is the responsibility ofthe school systems to monitor absences and handle matters until a child misses the number of days required to be habitually truant under KRS 630.020. At this point, the child is then brought into the court system. "Currently, we plan to differentiate on how to proceed based upon the age of the child and family circumstances as related to us by the school systems. Older children, (usually seventh grade and up) will be charged in juvenile court and placed on terms to attend without absences under penalty of being placed in detention. The parents will also be placed under terms of contempt to insure that the child attends school. In the case of younger children (sixth grade and below) our office is going to move to charge the parents directly. The parents will be initially charged with a violation of Failure to send child to school, KRS 159.010, and upon a second violation, Unlawful Transaction with Minor, 3rd Degree, KRS 530.070 and be subject to up to a year in jail. If this does not work, the concept of educational neglect could be used to remove the child or children from the home of the parents.

As County Attorney it is my responsibility to make sure that children are safe and not neglected or abused and are supported by their parents, however, making sure they go to school and receive an education may be the greatest thing that I can do to promote a better future for them.

TAKE ADVANTAGE OF YOUR RIGHT TO VOTE County Corner by Brendon Miller 10-19-03
With one of the closest gubernatorial races in years and important statewide races coming up, many Breathitt Countians are eager to get to the polls on November 4.
This is a year when one vote really could make a difference, and voters should make sure they understand some of the newer laws regarding voting passed by the General Assembly.
Voters now will need some type of identification with them in order to vote. Under Kentucky law, poll workers must turn away prospective voters who do not have identification, unless the poll workers are personally acquainted with the voter.
Acceptable identification includes any one of the following:
A drivers’ license;
An identification card with a photo and signature;
An original Social Security card; or
A credit card.
If a voter has forgotten his or her identification, he or she may leave and return with proper identification.
Other laws and regulations to keep in mind include the following:
Voter must be registered to vote by Oct. 6 to vote in the November election.
Voters have two minutes to vote once they enter the booth.
Once voters sign the precinct roster book, they must wait in line to vote or vote immediately. If the lines are long, voters cannot sign in and then come back later to vote. If they want to vote later, voters should wait to sign in until then.
Once people have voted, they must leave the polling precinct in a reasonable time.
Candidates, their family members, campaign workers and other onlookers cannot hang around precincts.
Polls open and 6 a.m. and close precisely at 6 p.m. If a voter is in line to vote before 6 p.m., he or she will be allowed to vote. The polls will not close until the last person in line at 6 p.m. has voted.
An employer cannot penalize employees for taking a reasonable time off work to vote.
If a voter has recently moved within Breathitt County, he or she should vote in the precinct of the new residence. Voters in this situation should call the county clerk’s office to obtain the new voting place. Poll workers should ask for voters’ residential address. If a voter’s new address is outside their former precinct, the poll worker can direct them to the new voting location. Those who have moved to Breathitt County from another county and have not had the opportunity to transfer their voter registration must vote in their prior county of residence.
In these situations, when there is a discrepancy between the registered address and the actual address, the voters would be required to sign oath affidavits. All affidavits are reviewed at a later date by the Commonwealth’s Attorney for possible misrepresentations.

These election laws help keep the election process pure and help ensure that people do not intentionally abuse the precious right to vote.

Your vote will be crucial in each of the races that will be decided. This election will decide the direction that the Commonwealth of Kentucky will take in the future. Voting is your opportunity to make a difference in this State, Region, County and City.

For information on voting precincts, call the county clerk’s office at 666-3810

PROTECT YOURSELF AGAINST TELEMARKETERS by Brendon Miller 12-5-03
With the attention that has been given to the national no call list that is now in effect, many people are more aware of telemarketing calls than ever, and with the holiday season here, there is no doubt that this is the favorite time for telemarketers to call. If you are like me, telemarketing calls at home after a long day on the job are very annoying, and if you have participated in the no call list, you have noticed that “no call” does not really mean no telemarketing calls. Under the stipulations for the “no call” list, companies that you have done business with in the last 18 months may contact you, even if you are on the “no call” list. That means your credit card company or any other company with which you have recently conducted business could call you trying to sell life insurance, or some other product, for example.

If you receive a call from a company you are not recently done business with or are affiliated with, you can report that company for violating the “no call” list stipulations. To report a violation, call 1-888-382-1222. Be prepared to give the name and phone number of the telemarketer as well as the date of the call. I would suggest that if the call is unwanted, stay on the line long enough to get the caller’s identification information so that you can relay it for enforcement.

Other organizations that are permitted to call people registered on the “no call” list include: political organizations, charities and telephone surveyors.

Kentucky has its own version of the “no call” registry that was initiated by Attorney General Ben Chandler in 2002, prior to the national list being started. It is operated through the Attorney General’s office. You may register online at www.kycall0.net or call 1-866-KYCALL0. Anyone registered on Kentucky’s “no call” list will automatically be registered on the national “no call” list. Complaints regarding telemarketing calls can be addressed to the telephone number and web site listed above.

If you are not on the “no call” list, you are still fair game for any telemarketer to call you.

Whether you are on the no call list or not, you still need to watch out for telemarketing scams. All of us have heard stories about telemarketing scams ranging from fake companies soliciting charitable donations to non-existent give-a-ways. These scam artists, more than likely, do not abide by any laws or stipulations regarding telemarketing calls, so these criminals can prey upon any of us.

Thousands of con artists around the country defraud Americans of billions of dollars per year in telephone scams. And some people fall victim more than once as their names are circulated to other scam artists.

As County Attorney, I handle preliminary hearings and felony arraignments for those persons who would be charged with telephone fraud. Telephone fraud is a Class D Felony, with punishments ranging from one to five years in prison. People attempting telemarketing fraud can be prosecuted under Kentucky law, even if the fraudulent caller is calling from another state. The law states that any person or company attempting to defraud a consumer in Kentucky through the use of electronic equipment, such as phone wires, is governed and prosecuted under Kentucky law, regardless of where the fraudulent call originated.

There are many companies that conduct legitimate telemarketing. However, you can protect yourself from fraudulent companies by using these basic techniques:

Never give your credit card number or bank account numbers over the phone, unless you have initiated the contact.
Beware of shipping fees. This is one of the most common scams. People may be paying huge amounts for shipping to receive what ultimately may be a $15 prize.
Hang up if you are asked to pay for a prize.
Ask the company to send you written material on the offer. If the company is unwilling to do this, chances are the offer is not legitimate.
Avoid high-pressure tactics.
Ask detailed questions. Find out about the company’s cancellation and refund policies. Ask if there are additional charges.
Research the company or charity through the local Better Business Bureau. The local Consumer Protection Agency and the Attorney General can provide even more information.
Report fraud promptly. Victims of credit card abuse avoid most or all financial liability if they report fraud immediately.
When dealing with a person who represents himself as a representative of a company, ask for that person name and employee number, so that you can document your contact on that date.
For more information, victims can contact the Attorney General’s toll-free Consumer Protection Line, which can be reached at 866-877-7867. To sign up for the national “no call” list, call 888-382-1222 or online www.donotcall.gov. The list is updated every three months, so depending on when you register, it may take up to three months for your telemarketing calls to subside.

Remember, protect yourself. I wish you all a Merry Christmas and Happy New Year.

APRIL IS CHILD ABUSE AWARENESS MONTH
PROTECT CHILDREN BY REPORTING CHILD ABUSE 4-6-04
April has been designated as Child Abuse Awareness Month. This designation has been proclaimed so that the public is made aware of the very real problem of child abuse. It is simply horrific when a child is not cared for correctly, and the problem is becoming more and more prevalent daily. The children are the true victims of our current drug problem here in Eastern Kentucky. The numbers of children either not being appropriately cared for or not even living in their parents home because their parents are on drugs is growing everyday.
It is the responsibility of the Department of Community Based Services Protection and Permanency (CBS) to investigate, and my office to prosecute those cases, and protect that health and well-being of those children whom can not protect themselves. The Breathitt County Community Based Services office received 516 reports of abuse in 2003, and worked each of those reports. 57 of those reports were substantiated and either brought to District Court, or handled by CBS without court action. Our office here in Breathitt County does an excellent job protecting children and working all reports, even with the small staff that they have.
There are numerous factors considered when determining what is child abuse and neglect, including the background of the family and overall environment of the child’s situation. Kentucky law contains definitions of what constitutes an abused or neglected child, and a dependent child, which must be utilized in determining whether investigation is appropriate by the Department of Community Based Services, or prosecution by my office. It is important to note that in order for CBS to investigate, the person who is the perpetrator of abuse or neglect must be the parent of guardian of have some type of supervisory responsibility for the child. This can include a babysitter, school teacher, or day care center in addition to the normally thought of perpetrator of a parent. In order to for CBS to act, there must be a legal basis for acting, and that basis must come from the definitions contained in KRS 600.020, as follows:
(1) "Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child:
(a) Inflicts or allows to be inflicted upon the child physical or emotional injury as defined in this section by other than accidental means;
(b) Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means;
(c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse as defined in KRS 222.005(12);
(d) Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the age of the child;
(e) Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child;
(f) Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon the child;
(g) Abandons or exploits the child; or
(h) Does not provide the child with adequate care, supervision, food, clothing, shelter, and education or medical care necessary for the child's well-being.
A parent or other person exercising custodial control or supervision of the child legitimately practicing the person's religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child; or
(i) Fails to make sufficient progress toward identified goals as set forth in the court-approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months;
(19) "Dependent child" means any child, other than an abused or neglected child, who is under improper care, custody, control, or guardianship that is not due to an intentional act of the parent, guardian, or person exercising custodial control or supervision of the child;
When a case comes to Court, the child is found to be either abused/neglected, or dependent based upon those definitions. Generally, an abused child is one damaged by an intentional act, while a neglected child is one damaged by intentional failure to act, and a dependent child in one damaged by an unintentional act or failure to act of a caregiver.
Anyone who has reason to believe a child is being abused, neglected, or is dependent, MUST contact the authorities to report their beliefs, and certain professionals are specifically mandated to report. KRS 620.030 states:
(1) Any person who knows or has reasonable cause to believe that a child is dependent, neglected or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. . . . Nothing in this section shall relieve individuals of their obligations to report.
(2) Any person, including but not limited to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern, chiropractor, dentist, optometrist, emergency medical technician, paramedic, health professional, mental health professional, peace officer or any organization or agency for any of the above, who knows or has reasonable cause to believe that a child is dependent, neglected or abused, regardless of whether the person believed to have caused the dependency, neglect or abuse is a parent, guardian, person exercising custodial control or supervision or another person, or who has attended such child as a part of his professional duties shall, if requested, in addition to the report required in subsection (1) of this section, file with the local law enforcement agency or the Kentucky State Police or the Commonwealth's or county attorney, the cabinet or its designated representative within forty-eight (48) hours of the original report a written report containing:
(a) The names and addresses of the child and his parents or other persons exercising custodial control or supervision;
(b) The child's age;
(c) The nature and extent of the child's alleged dependency, neglect or abuse (including any previous charges of dependency, neglect or abuse) to this child or his siblings;
(d) The name and address of the person allegedly responsible for the abuse or neglect; and
(e) Any other information that the person making the report believes may be helpful in the furtherance of the purpose of this section.
Anyone who fails to report child mistreatment is subject to criminal prosecution and could receive up to 90 days in jail. Anyone who does report abuse while acting in good faith is immune from civil or criminal liability pursuant to KRS 620.050(1).
If you are in doubt if what you see or know is child abuse, you should report what you see. I recommend that everyone take the safe position when dealing with the health and well being of a child. To report abuse please call either CBS at 666-7506; Jackson Police Department at 666-2424; Kentucky State Police (606) 435-6069; or the County Attorney’s Office at 666-3800.
Thank you for helping us protect our children.

COLD CHECKS, YOU CAN’T PLAY THE FLOAT ANYMORE 12-6-04
New federal law likely to increase number of cold checks this holiday season
The holiday shopping season means more than busy clerks, increased sales revenues, and Christmas decorations. Yearly, the season ushers in a tide of cold checks written by shoppers trying to stretch their checkbooks a little too far and play the “float” on their account and buy that extra gift. However, a newly enacted federal law has drastically sped up the time it takes a check to clear your account and increased the possibility of writing cold checks.
On October 28, 2003, President Bush signed into law the Check Clearing for the 21st Century Act (known as Check 21). The trigger for this legislation was the grounding of the nation’s air carriers in the wake of 9/11, and the resulting delay in the transfer of checks between financial institutions. To ensure that the banking system would never again be subject to such a disruption, Check 21 allows banks to transfer funds using electronic facsimiles of checks or “substitute checks.” Though enacted as a security measure, Check 21’s implications are profound on consumers and business owners.
Check 21 allows your bank to transfer funds instantly from your account into the account in which it is deposited, without the original paper check ever changing hands. I know I recently noticed charges on my account statement in which the check number was not reflected, and those payments had posted to my account on the date they were received. This means that the “float”, or the couple of days or so it has traditionally taken a check to charge to your account, is basically gone. So now when you write a check, it could clear the bank in a matter of hours or minutes versus days. In reading information on the Federal Reserve website, it appears that the aim is to have paper checks clear as quickly as debit cards. An example was given stating that you could write a check to a merchant, the merchant electronically cash the check on the spot, and deliver back to you your “voided” check for your records.
Of course, my best advice is that if you don’t think you have enough money to cover a check, don’t write it, and always keep your account balanced to the penny. That sounds simple, but for people who have played the “float” game with their checking accounts for so long, it will be hard for them to stop. Due to Check 21, that game is even more dangerous now than before.
Those who write cold checks can face some stiff financial penalties. The merchant can charge a $25 handling fee. If the merchant is enrolled in my office’s cold check collection program, our office will charge a $25 handling fee for collecting the check on behalf of the merchant. In addition, the financial institution that maintains the account from which the check was written may charge a one-time fee and a daily overdraft fee. The fees add up quickly, and one bad check could cost around $100 in fees. That’s not a pleasant situation anytime , but especially during the holiday season when we all are stretching our budgets.
The cold check program offered by my county attorney’s office notifies the person of the check and pursuant to Kentucky statute, gives them 10 days to pay the check. If the check writer does not pay the check during that time, her or she can be charged with the crime of theft by deception. The county attorney’s office is the only entity that can prosecute cold checks for less than $300. People writing checks for less than $300 must be prosecuted within one year of the date the check was written and can receive up to a year in jail and/or up to a $500 fine. Writing bad checks for $300 or more is a felony, has no statute of limitation, and is punishable by up to five years in jail and/or up to a $1,000 fine.
Those who repeatedly write bad checks are not doing so in error. It is a crime that costs not only the merchants, but also the community as a whole. Merchants’ financial losses due to bad checks must be absorbed by consumers through price increases for products and services.
For more information on the Check 21 Act and how it could affect you my office will have brochures detailing this information, or you can visit the Federal Reserve website at www.federalreserve.gov/check21 or call your bank to see how far along they are in implementing it requirements.
Merry Christmas to everyone, and remember, the birth of our Lord and Savior Jesus Christ is the reason for this wonderful season.

A Safe Halloween is Everyone’s Responsibility 10-19-04
Each Halloween, parents in Breathitt County warn their children of the traditional dangers of Halloween: do not eat candy until an adult has inspected it; do not accept a ride from a stranger; test all fruit before it is eaten; and only go to homes where the porch light is illuminated.
However, the most looming danger for children is the risk of being struck by a vehicle. In fact, children are four times more likely to die as pedestrians on Halloween as any other night of the year, according to the National Safe Kids Campaign.
The thrill of trick-or-treating and wearing costumes is a distraction for kids, and that coupled with the fact that trick-or-treating takes place after dark when motorists’ vision is more limited, and neighborhoods, streets and roads become very crowded, you have a potentially dangerous combination that could lead to injuries or problems.
There are several steps parents, homeowners and motorists can take to reduce the risk of injury to children on Halloween. Those include the following:
For children:
Children should be accompanied by an adult.
Costumes and bags should be decorated with reflective tape or stickers.
Costumes should be light or bright enough to make children more visible at night or put a blinking light on them.
Make sure masks and hats do not obstruct children’s peripheral vision. Face paint is a better alternative to masks.
Teach children to walk--not run--while trick-or-treating.
Remind children to stop at all street corners before crossing. Teach them to cross streets only at intersections and crosswalks.
Teach them to look left, right and left again before crossing the street and to continue to look both ways as they cross.
Teach them never to dart out into the street or between parked cars.
Choose costumes that fit properly, so children will not fall, making them harder for motorists to see.
Instruct children to carry a flashlight.
Encourage children to stay together as a group to make them more visible.
For Motorists:
Slow down in residential neighborhoods.
Obey all traffic signals and signs.
Watch for children walking in the street, median and curbs.
Enter and exit driveways and alleyways slowly and carefully.
Teach children you are transporting to exit and enter the car on the curbside, away from traffic.
Trick or treating will be on Saturday, October 30, 2004, from 6:00 to 8:00 P.M., this year. All of us can play a role in promoting a safe Halloween for our children. We want Halloween to be a happy memory for everyone in Breathitt County. I hope you all have a good time and get plenty of treats.

COUNTY ATTORNEY CORNER:   WARNING !!!   July 2004
Dangers of leaving children in hot cars
It happens far too often: A parent or childcare giver, usually distracted, stressed and overworked, forgets a helpless child inside a sweltering car on a hot summer day. Sometimes a parent will leave a child unattended while making a “quick” trip into the grocery or convenience store to spare the inconvenience of toting around a child. In 2003, 42 children in the U.S. died due to hyperthermia from being left in hot vehicles.
According to an advocacy group called Kids And Cars, the temperature inside an enclosed car will rise an average of 19 degrees Fahrenheit every 10 minutes. Even on a relatively mild, spring day, an enclosed vehicle could reach a deadly 100 degrees in about 30 minutes. On a day with temperatures in the 80s, the temperature inside a vehicle can exceed 100 degrees in less than 10 minutes.
Experts and advocacy groups say most people leave a child in a car as a result of forgetfulness, not as a result of malicious disregard for a child’s safety. In fact, a study by Kids And Cars showed that fewer than 2 percent of such deaths result from people deliberately leaving children in cars.
Most of the time, kids are left in cars by accident. I think that this is really a commentary on the lifestyles many of lead today - too busy, too hurried, too frantic. I know that as Elizabeth and I prepare for the birth of our first child, we have realized that we must slow down all that we do in order to insure that the best interests and safety of our child will be served.

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