Since opening Levinson Law LLC in August of 2023, I have located my office at 530 York Street in Newport, just two blocks from the Campbell County Courthouse. While I practice throughout Northern Kentucky and the Cincinnati Metropolitan Area in Ohio, a significant amount of my business comes from Campbell County.
Criminal defense is a very jurisdiction specific practice. While the law doesn’t change from courthouse to courthouse, the way in which cases are treated varies drastically. Campbell County is a good example of this because it functions very differently than other nearby jurisdictions and many attorneys who don’t regularly practice in the jurisdiction are stunned by the way cases proceed here.
As a Campbell County Criminal Defense Attorney, I regularly appear in front of all of the District Court and Circuit Court judges. District Court Judges have jurisdiction over misdemeanors, felonies until indictment, and juvenile cases, while Circuit Court Judges preside over felony cases that have been indicted.
District Court and Circuit Court and two different worlds in Campbell County. Partly this is a function of the two different prosecutors offices that prosecute cases. The Campbell County Attorney’s Office handles the misdemeanors and juvenile cases in District Court. The Assistant County Attorneys in District Court are usually reasonable and have a standardized way of treating cases. The two misdemeanor crimes that are treated most seriously are usually Assault Fourth Degree Domestic Violence and Driving Under the Influence. The treatment of DUI cases vary significantly by jurisdiction but the County Attorney’s Office in Campbell has a reputation for not amending these charges, even if it means losing at trial. The consistency and predictability of this approach is much appreciated by practitioners in the area and it makes cases easier to resolve.
The two District Court Judges are Cameron Blau and Erin Sizemore. They are both excellent judges that I like to practice in front of because I know that even if they don’t agree with what I am saying, they will give me a chance to be heard and consider my arguments. Much of what District Court judges do on felony cases is set the initial bonds. No defense attorney is consistently happy with the bonds their clients get, but the bonds Judges Blau and Sizemore set are within the normal ranges set by other judges in Northern Kentucky.
What makes Campbell County one of the most challenging jurisdictions to practice in is the Circuit Court. There are only two Circuit Court Judges, Julie Reinhardt Ward and Daniel Zalla, and the felony cases are split fairly evenly. But which courtroom a case is assigned to can drastically alter potential outcomes.
Judge Zalla is an older gentleman who isn’t in a rush to get cases resolved. This often means that after the arraignment, the next court date will be set a few months out and defendants who ask for more time to make a decision usually get it. For clients on bond, this slow pace is often a good thing, but for clients in custody it can be frustrating. Judge Zalla is also happy to let the parties–the Commonwealth and the defense–negotiate among themselves and will respect whatever resolution is reached.
Judge Ward has a very different judicial philosophy than Judge Zalla. She usually wants defendant to make a decision on whether to proceed to trial or enter a plea fairly quickly. And she has her own distinct views on appropriate sentences which means she doesn’t give much deference to the recommended offers of the Commonwealth. It isn’t unusual for defendants to accept plea offers in her courtroom believing they will receive one sentence, but at final sentencing are told that she is rejecting the offer. The defendant is then given the option of withdrawing the plea and proceeding to trial, or maintaining the plea and receiving harsher punishment. The decision to reject a negotiated plea is within the power of judges, but is rarely invoked by other Northern Kentucky Judges. In Judge Ward’s courtroom, it is common practice.
The other factor that makes practicing as a defense attorney in Campbell County Circuit Court so challenging is the Commonwealth Attorney’s Office. Each Commonwealth’s Attorney is elected and they have their own approaches to cases. This means that plea offers on similar offenses can vary significantly depending on the jurisdiction in which the crime occurs. And unfortunately for many of my clients, the Campbell Commonwealth Attorney’s Office usually extends offers that are higher than most surrounding jurisdictions (maybe not Kenton, but that’s for another day).
The confluence of a prosecutor’s office that makes high offers and one judge that often won’t accept offers means that many attorneys who don’t regularly practice in Campbell County are both confused and surprised that their cases are much more difficult to resolve than in other jurisdiction. Many cases are not “defensible” and a defendant who loses at trial is often likely to get a harsher sentence than one who pleads guilty, so often resolving cases is the best path forward, despite these challenges. This practical effect of Campbell Circuit Court being a difficult place to resolve cases is that many private defense attorneys charge more to handle cases here than in other jurisdictions and some attorneys won’t take cases here at all.
The homefield advantage that comes with being a regular practitioner in any courthouse is immense. If you are charged with a crime in Campbell County, it is imperative you hire a skilled attorney who is intimately familiar with this jurisdiction and can provide you with an accurate assessment of what you are facing–and what you can do about it.