LEXINGTON, Ky. — If Kentucky Attorney General Daniel Cameron is ultimately successful in undoing the restraining order on the abortion ban that took effect in the Commonwealth when the Supreme Court overturned Roe v. Wade, it could cause a financial burden for prosecutors.

Commonwealth’s attorneys prosecute felonies in Kentucky. There are 57 such offices across the state that will collectively receive more than $13 million over the next two fiscal years.

If the abortion ban is reinstated, Commonwealth’s Attorneys will be saddled with the arduous and expensive task of prosecuting doctors accused of illegally performing an abortion.

Jefferson County Commonwealth’s Attorney Thomas D. Wine also said his office does not have trained investigators to review the cases.

“The burden is on the prosecution to prove, beyond a reasonable doubt, that the abortion was not medically necessary,” Wine said. “This will require medical testimony, which will be expensive. Already our budget for expert testimony for DNA analysis, motor vehicle data box examination, accident reconstruction, etc. is strained. The legislature may need to provide additional funding to meet this requirement.”

The Governor’s budget has already increased funding for 139 additional positions to provide enhanced victim services, including the implementation of Marsy’s Law, and to address case backlogs and additional workload because of recent legislative changes. 

According to expertinstitute.com, after compiling expert witness fee data from over 35,000 cases, it was determined that the average rate for initial case reviews for all expert witnesses is $356 per hour, the average rate for deposition appearances is $448 per hour and the average rate for trial testimony is $478 per hour.

Wine said his office, just as most in Kentucky and in the country, is understaffed.

“Crime is at an all-time high,” he said. “We must exercise our discretion with every type of criminal charge in deciding where we direct our resources. The Office of Commonwealth’s Attorney has not prioritized or de-prioritized prosecution of abortion cases.”

District attorneys’ offices across the U.S. are struggling to recruit and retain lawyers, with some experiencing vacancies of up to 16% and a dearth of applicants for open jobs, according to interviews with more than a dozen top prosecutors and five state and national prosecutors’ associations conducted by Reuters. 

The district attorneys told Reuters the effects of the COVID-19 pandemic and increasing concern about racial inequities in the criminal justice system — compounded by long-standing issues with relatively low pay and burnout — have made a career as a prosecutor a tougher sell in the past several years.

Both Wine and Fayette County Commonwealth’s Attorney Lou Anna Red Corn would not speculate about the specific costs their offices could face if the ban is reinstated, but Red Corn said among her many responsibilities, service is the primary goal of her staff of nearly 90, including more than 20 attorneys. 

Red Corn said all inquiries about budgets should be directed to the Office of the Attorney General and may require an open records request.

“You will see that no prosecutors’ office has expert witness fees in their budget,” she said. “All requests for expert witness fees must be submitted to and approved by the Prosecutors Advisory Council.”