Kentucky Court of Justice
Court of Appeals to hear challenge to Lexington noise ordinance Sept. 22 in Elizabethtown
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear a citizen’s challenge to the Lexington noise ordinance when the court convenes Thursday, Sept. 22, in Elizabethtown. Proceedings are open to the public and will take place at 1 p.m. EDT at the Hardin County Justice Center at 120 E. Dixie Ave.
Will McGinnis is appealing Fayette Circuit Court’s decision to let stand a citation he received for violating Lexington’s noise ordinance. McGinnis is representing himself in the appeal. He argues that the noise ordinance is vague, has no relationship to a nuisance to any residences and that it does not define the times and noise levels that constitute a violation.
A three-judge panel comprised of Court of Appeals Judges Donna L. Dixon, Joy A. Moore and Kelly Thompson will hear arguments in the case. Judge Thompson will preside.
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.
THURSDAY, SEPT. 22, 2011
1 PM 2010-CA-000893
WILL MCGINNIS v COMMONWEALTH OF KENTUCKY
Summary: Pro se appellant appeals a violation of the Lexington Fayette County Urban Government noise ordinance, arguing that it is vague and has no relationship to a nuisance to any residences or definitions as to time or the level of noise that cause a nuisance. Kentucky Attorney General Jack Conway and John Hayne II will represent the Commonwealth of Kentucky. Fayette County Circuit Court Judge Ernesto Scorsone presided in the original case.
Administrative Office of the Courts
The Administrative Office of the Courts in Frankfort is the operations arm for the state court system. The AOC supports the activities of nearly 3,300 court system employees and 403 elected justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC executes the Judicial Branch budget.