Category: Kentucky | Courts
Why It Matters
Kentucky’s drug courts, mental health courts, and veterans treatment courts could be eliminated if the state legislature does not increase judicial branch funding before the current session ends. The potential closures would affect some of the state’s most vulnerable residents — those whose criminal involvement is directly tied to substance use disorders or serious mental illness.
Chief Justice Debra Hembree Lambert issued a direct warning this week that a $33 million funding shortfall over two years would leave the Kentucky court system with no choice but to shut down programs that are not constitutionally required, even if they demonstrably reduce recidivism and save lives.
What Happened
On Thursday, March 26, Kentucky Supreme Court Chief Justice Debra Hembree Lambert and the Administrative Office of the Courts released a formal warning that the General Assembly’s proposed two-year budget would critically underfund the judicial branch. The announcement came on day 54 of the state’s 60-day legislative session, leaving a narrow window for lawmakers to act.
The warning centers on House Bill 504, the current version of the state’s two-year operating budget. According to the Administrative Office of the Courts, that proposal underfunds court operations by approximately $14 million in fiscal year 2027 and by nearly $19 million in fiscal year 2028 — a combined shortfall of roughly $33 million.
Chief Justice Lambert stated that the judicial branch already runs on a lean budget, with approximately 90 percent of its funds dedicated to personnel and the basic costs of keeping courthouses open. She said cuts of this scale cannot be absorbed through administrative adjustments or small efficiencies.
“The only viable option we have is to eliminate programs that are not constitutionally required, including Drug, Mental Health and Veterans Treatment Courts,” Lambert said in her statement. “These programs change lives every day, but without adequate funding we cannot continue them.”
Specialty courts in Kentucky operate by providing treatment-focused supervision for individuals whose criminal behavior is closely connected to substance use disorders or serious mental illness. Participants are required to complete intensive treatment programs, undergo frequent drug testing, and submit to close judicial supervision designed to address the root causes of their offenses.
By the Numbers
- $33 million: Total projected underfunding of Kentucky’s judicial branch over the two-year budget period
- $14 million: Estimated shortfall in fiscal year 2027 under the current version of House Bill 504
- $19 million: Estimated shortfall in fiscal year 2028 under the same proposal
- 90%: Share of the judicial branch’s existing budget currently devoted to personnel and basic courthouse operations
- Day 54 of 60: The point in Kentucky’s legislative session when the warning was issued, leaving few days for a budget resolution
Zoom Out
Kentucky is not alone in facing pressure on specialty court funding. Across the United States, drug courts and mental health courts have expanded significantly over the past three decades, with more than 3,000 such courts now operating nationally. Research from the National Institute of Justice consistently shows these courts reduce recidivism rates and lower long-term costs to the criminal justice system compared to traditional incarceration.
However, many states have struggled to maintain dedicated funding streams for specialty courts, particularly during periods of fiscal constraint. Advocates in multiple states have argued that cuts to treatment-focused programs ultimately shift costs to prisons, emergency services, and public health systems — often at a higher overall expense to taxpayers.
Veterans treatment courts, which address the specific needs of former military members navigating the justice system, have also drawn bipartisan support nationally, making the potential elimination of Kentucky’s program particularly notable given the state’s strong military tradition and veteran population.
What’s Next
The Kentucky House and Senate are currently in negotiations to reconcile their respective versions of the two-year state operating budget. With fewer than six legislative days remaining in the 60-day session, court officials and advocates are pressing lawmakers to increase judicial branch funding before a final budget agreement is reached.
If the legislature adjourns without addressing the shortfall, the Administrative Office of the Courts would face decisions about which programs to eliminate when the new fiscal year begins. Chief Justice Lambert’s public statement signals that judicial leadership intends to keep pressure on legislators through the final days of the session.
Residents seeking substance use recovery services in Kentucky can visit findhelpnow.org/ky for information on available treatment programs.