By Jeremy D. Wells
Carter County Times
Derrick Willis has had a long career in criminal law as a prosecutor.
“Since 2009, I’ve been prosecuting,” he explained.
He started in the Commonwealth Attorney’s office in Boyd County, before coming back to Carter County in 2011 where he worked first for the county attorney’s office, and then for the Commonwealth, “here in our judicial court,” he explained.
Over those 14 years, he said, he’s “prosecuted thousands of cases ranging from DUIs to murder trials.”
But things changed for him during the COVID-19 pandemic, he explained.
“I was spending less time at the Commonwealth’s office in Sandy Hook, and more time here in my private office (in Grayson).”
During that time, he continued, “practice has just really built up to the point where I can’t do both. I need to focus my attention here, and Brandon (Ison, the Commonwealth Attorney for the district) is great to work for. I just can’t do both.”
Stepping down from the role with the commonwealth attorney will allow Willis, who also serves as the municipal attorney for the city of Olive Hill, to focus more on his growing practice in family law, corporate law, estates and general civil practice.
But it also frees him up to offer criminal defense – a role his work as a prosecutor has left him well-prepared for.
“Both (prosecution and defense) require a good knowledge of the law,” Willis explained. “When you’re working for the Commonwealth, you have the burden of proof beyond a reasonable doubt; working closely with law enforcement.”
“When you’re doing criminal defense,” he continued, “you’re kind of putting on another hat. The first thing you want to do is make sure you protect your client’s constitutional rights. That’s the way I look at it, is I first want to make sure that there’s been no violations of their constitutional rights. (Then) I look at the strength of the case as presented by the Commonwealth and plan to heavily investigate information provided by my clients or maybe people who are charged with offenses and determine if there are exculpatory or mitigating factors.”
Those “exculpatory or mitigating factors” could be an alibi that proves they weren’t there when the offense occurred, or “mitigating would be… circumstances that would mean you did not commit a crime, or it wasn’t the same crime you were charged with.”
The prosecution, Willis reiterated, has the burden of proof beyond a reasonable doubt.
“(Prosecutors) have to prove each and every element beyond a reasonable doubt,” he explained. “And having prosecuted thousands of cases, I’ve seen what has worked in the past. I know the nuances in the law that would allow you to overcome those burdens. And if they don’t meet the burden on every element of the crime, then they’re presumed innocent.”
He said going up against the county’s established defense attorneys for so long was also a valuable learning experience.
“As a young prosecutor, going against local attorneys who had years of experience, I think that was as educational as or more educational than law school,” Willis said. “Because (you’re going against) people who have done criminal defense for years, and as a young lawyer, I had to know how to prove each area and element beyond a reasonable doubt. And the local courts hold the prosecutors’ feet to the fire to make sure that they do what’s in the best interests of the accused.”
Defense is where he started before moving into prosecution, Willis added, and it was something he was looking forward to getting back to.
“I’m actually really looking forward to it,” he said. “I did criminal defense as soon as I got out of school. I worked for the public defender’s office for several years. That was battle experience too, and I think until you do the work, you really can’t appreciate their experiences in the legal system.”
“It adds some humanity to it,” he continued. “You see how the justice system affects a person, and not just statistics.”
It’s rewarding to be part of that, he said. But this move also completes a dream he’s had since he chose the profession.
“My goal was always to return home and open my own practice,” he said. “So, I came over here to work, and that allowed me to also open my private office.”
And now, he can finally focus his full attention on that dream and watching it bloom.
“You know how it is, working for yourself, and you’ve rocked that baby for years,” he joked.
“I’ve had firms that have offered to unite, and I’ve had job opportunities that I’ve turned down to stay here, and I’m glad I have.”
Because, he explained, this is home. It’s where he wants to be.
Contact the writer at editor@cartercountytimes.com
