4 chapters · 410 sections in this title.
KRS § 63.010 Resignations -- How made -- To whom tendered -- Record of
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All resignations of office shall be tendered in writing to the court or officer required to fill the vacancy, and received and recorded by the court or officer in its or his records. Resignations to the Governor shall be recorded in the Executive Journal.
KRS § 63.020 Impeachment and removal by address
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Proceedings for impeachment or removal by address may be instituted by the House of Representatives without a petition from any person.
KRS § 63.030 Petition for impeachment
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(1) Any person may, by written petition to the House of Representatives, signed by himself, verified by his own affidavit and the affidavits of such others as he deems necessary, and setting forth the facts, pray the impeachment of any officer. (2) The House shall refer the petit…
KRS § 63.035 Articles of impeachment
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(1) If an impeachment is recommended by the committee of the House of Representatives to which it is referred, the committee shall draw up the articles of impeachment in accusation of the officer and submit the articles to the House with the recommendation for impeachment. (2) Th…
KRS § 63.040 Prosecution -- Witnesses
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(1) If an impeachment is ordered by the House of Representatives a committee shall be appointed to prosecute it, and the committee chairman shall, within five (5) days, lay the impeachment before the Senate. (2) The Senate shall appoint a day for hearing the impeachment. The accu…
KRS § 63.050 Oath of Senators trying
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Before the Senate proceeds to try an impeachment the presiding officer and every member present shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and impartially try the impeachment against A. B., and give my decision according …
KRS § 63.055 Absence of Senators
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The Senate shall determine what amount of absence of a Senator during the trial shall exclude the Senator from voting on the final decision.
KRS § 63.060 Petition for removal by address
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A person may, in the manner prescribed by KRS 63.030, petition either the Senate or House of Representatives or both to have an officer removed by address, which petition shall, in like manner, be referred to a committee.
KRS § 63.070 Costs of proceeding upon petition
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(1) In a proceeding for impeachment or removal by address, if the committee reports against the petition and the report is not overruled by the house petitioned, the petitioner shall be liable to witnesses and to the accused for the costs of investigation before the committee. Th…
KRS § 63.075 Costs of proceeding without petition
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In a proceeding for impeachment instituted by the House of Representatives without a petition from any person, if the accused be acquitted he shall be entitled to his costs, to be taxed by the clerk of the Senate against the Commonwealth. If the accused be convicted, he shall pay…
KRS § 63.080 Officers appointed by Governor may be removed without cause -- Exceptions -- Removal of university or KCTCS board members for cause or to comply with proportional representation requirements
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Exceptions -- Removal of university or KCTCS board members for cause or to comply with proportional representation requirements. (1) Except as provided in subsection (2) of this section and otherwise provided by law, any person appointed by the Governor, either with or without th…
KRS § 63.090 Definition of "neglect of duty" as used in KRS 63.100 to 63.160
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As used in KRS 63.100 to 63.160, unless the context requires otherwise, "neglect of duty" includes the following things listed but does not exclude things not listed: (1) The commission of a trespass or wrongful act in the performance of official duty; (2) Accepting a bribe to ne…
KRS § 63.100 Removal of peace officers for neglect -- Charges -- Notice
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(1) A peace officer guilty of neglect of duty shall be removed from office in the manner prescribed by KRS 63.100 to 63.130. (2) The Governor shall sign written charges setting forth the grounds for removal of the officer. The charges, when considered collectively, must be suppor…
KRS § 63.110 Hearing -- Order of removal
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(1) The case shall be heard before the Governor on oral testimony or by depositions, as the Governor may direct. Testimony before the Governor shall be taken upon oath administered by the Governor or by a stenographer designated by him, and shall be taken down in shorthand notes …
KRS § 63.120 Appeal to Court of Appeals
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(1) Any peace officer removed from office under the provisions of KRS 63.110 may, within ten (10) days from the date of the entry of the order removing him, appeal to the Court of Appeals by obtaining from the Secretary of State a certified copy of all charges, findings of fact a…
KRS § 63.130 Proceedings do not bar criminal action
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The removal of an officer from office under the provisions of KRS 63.090 to 63.120 shall not be a bar to criminal prosecution for misfeasance, malfeasance, or willful neglect in discharge of official duties.
KRS § 63.140 Removal of peace officer for losing custody of prisoner
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If any prisoner or other person lawfully in custody is taken from a peace officer and lynched, killed, maimed or injured, it shall be prima facie evidence of neglect of duty on the part of the peace officer. When such neglect of duty, or such lynching or injury is made to appear …
KRS § 63.150 Vacancies -- How filled
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The county judge/executive shall at once fill the vacancy created by a removal under KRS 63.140, either for the remainder of the term or temporarily as the occasion may demand, as provided for by KRS 63.220. Until a vacancy in the office of sheriff or jailer is filled, the corone…
KRS § 63.160 Reinstatement by Governor
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(1) Any peace officer removed from office pursuant to KRS 63.140 may, within ten (10) days thereafter, file with the Governor a petition for reinstatement. He shall give written notice of the filing of such petition to the county attorney of his county and the Commonwealth's atto…
KRS § 63.170 Removal of peace officer or constable for violating KRS 61.310
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Any "peace officer" as defined in KRS 61.310 or constable who violates any of the provisions of KRS 61.310(2), (4), or (5) may be removed from office by the same courts and in the same manner that a nonelective peace officer may be removed under the provisions of KRS 63.180.
KRS § 63.180 Proceeding for removal of nonelective peace officer or deputy constable
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(1) Any person serving as a nonelective peace officer, deputy peace officer, or deputy constable in violation of the provisions of KRS 61.300 shall be subject to removal. The Circuit Court of the county in which such person is serving and the Circuit Court of Franklin County shal…
KRS § 63.190 Vacancies filled by the Governor
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In every case where there is no other provision of law for the filling of a vacancy in any office, the vacancy shall be filled by appointment by the Governor.
KRS § 63.210 County judge/executive -- Notice of vacancy
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When a vacancy occurs in the office of county judge/executive, the county clerk shall immediately notify the Governor of the vacancy.
KRS § 63.220 Vacancies in county offices
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(1) A vacancy in the office of sheriff, coroner, surveyor, county clerk, county attorney, jailer, or constable, shall be filled by the county judge/executive, or by the mayor in a consolidated local government. (2) Appointments to fill vacancies under this section shall be until …
KRS § 63.990 Penalties
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Any peace officer removed from office under the provisions of KRS 63.090 to 63.160 and not reinstated shall be disqualified from holding any office in this state for a period of four (4) years.