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Bluegrass State of Mind(21)

By:Kathleen Brooks


"I didn't want to be stuck in civil litigation all my life. I wanted to branch out to other areas of the law. But because I was good at it, the partners refused me any cases in a different field. I asked for you not to contact my boss since I was still working there. And if this didn't work out, I knew I'd be fired on the spot. When I resigned and moved down here with the intent of taking this job, if offered, I knew it wouldn't do any good for you to call GTH. The partners were furious I left and aren't above telling you lies," Kenna finished. She kept it very close to the truth, but left out that the main reason they were enraged was because she had evidence that implicated them in a crime. She disappeared before they could make sure she didn't say a word to anyone ever again.

"To answer your second question, I've always been interested in criminal law. I received A's in my criminal law, criminal procedure, federal criminal law, and federal criminal procedure classes when in law school. Although I have no courtroom experience, I was published in the law review for my research on the Brady Rule, which focused on the ethical versus legal duties of the prosecutor to turn over evidence to defense counsel if it helps the defense's case. Further, I have studied Kentucky's criminal law and criminal procedure and believe I'll be able to pass the Kentucky part of the bar exam in two weeks. And very quickly after that, I'll be prepared to handle the duties of an assistant D.A. in the courtroom and outside of it." Kenna had her hands clasped lightly together in her lap and was afraid to even re-cross her legs. It seemed to be a delicate time in Mr. Burns' contemplation period. He sat staring at her. The only noise in the room was the drumming of his thick fingers on his polished desk.

"I'm sure you have the school side of things down. But as you know from experience, law school does nothing to teach you what it's like in the courtroom. Also, things that happen in Kentucky are different from in New York. In New York you probably get a lot of public intoxication and people pissing in the street. Here we get some drunk bastard thinking it's funny to ride a John Deere combine harvester down the road. Or, for instance, what would you do if Joe Schmoe is brought before the court on a drunk driving charge? He blew two times the legal limit." Mr. Burns stared at her.

"I would follow the guidelines for violation of Kentucky Statute 189A.050, which prohibits the driving of a motor vehicle while under the influence of alcohol." Kenna re-crossed her legs then. She knew she answered the question correctly and was giving herself a mental pat on the back.

"First rule, Ms. Mason, is to make sure you get all the facts. You did not ascertain he was driving a car. In fact, what happened in this case was one of the grooms out at Stapleton Farm got drunk and his buddies dared him to ride one of the horses down Main Street. A deputy pulled over the horse at one in the morning, right outside the courthouse. The boy failed the field sobriety test. The horse passed it. Now what would you do?" Mr. Burns leaned back into his chair, keeping his gaze fixed on hers.

"I would ask how old the drunken horse rider is and if he had any prior alcohol charges. Oh, and if he was a legal citizen of the United States." Kenna was already searching the pages of her mind for juvenile offenses, underage drinking laws, and non-motor operations while intoxicated laws.

"Very good, Ms. Mason. He was twenty-two years old, no priors, and he was born and bred here in Kentucky."

"Then I would say under Kentucky Statute 189.520, he would be found guilty of his first offense of operating a non-motorized device while intoxicated. The horse would fall under the same category as a bicycle in this case. Depending on his attitude and the circumstances, I would say to give him the normal penalty or drop the charge down to public intoxication with one hundred hours of community service." Kenna maintained eye contact with Mr. Burns and saw the slight crinkle of his eyes that showed he was happy with her answer.

"You certainly have been studying, Ms. Mason. That is a very good answer. There are a couple more things I'd like to discuss with you that may be different here from in New York. First, it's just me as the D.A. There is one assistant job and then we have multiple part-time support staff. Mainly, it's Martha Schrader out in the front who runs things. The assistant's job is just part-time. You'll be responsible for court all day Monday, Tuesday, and

Wednesday mornings. When necessary, we can cover for each other. What it also means is that being just part-time, you can open your own practice or join one here if you'd like so long as your cases don't conflict with your prosecutorial duties. I'm willing to offer you the job on the condition that you pass the bar exam in two weeks. What do you say?"