Title IV, Judicial Branch
22 chapters · 314 sections in this title.
KRS § 21A.010 Supreme Court districts
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The Commonwealth is divided into seven (7) Supreme Court districts composed as follows: (1) First District: Ballard, Caldwell, Calloway, Carlisle, Christian, Crittenden, Daviess, Fulton, Graves, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Mu…
KRS § 21A.020 Election of justices, when held
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Elections for Justices of the Supreme Court shall be held at the regular elections, and every eight (8) years thereafter, as follows: (1) In the fifth district, in 1976; (2) In the third district, in 1978; (3) In the seventh district, in 1980; and (4) In the first, second, fourth…
KRS § 21A.030 Clerk of Supreme Court -- Appointment, duties, fee schedule, assistants -- Annual audit
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Annual audit. (1) The clerk of the Supreme Court shall be appointed by the court to serve at its pleasure. The annual salary of the clerk shall be fixed by the General Assembly. (2) Before entering upon the duties of his office, the clerk shall take the oath of office prescribed …
KRS § 21A.040 Enforcement of mandates
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The Supreme Court may enforce its mandates by fine or imprisonment, or both.
KRS § 21A.050 Reversal or modification of judgments -- Procedures for appeal
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(1) A judgment, order or decree of a lower court may be reversed, modified or set aside by the Supreme Court for errors appearing in the record. (2) The method of bringing a judgment, order or decree of a lower court to the Supreme Court for review shall be established by Supreme…
KRS § 21A.060 Effect of equal division of court
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If the Supreme Court is equally divided in the decision of a case, the judgment, order or decree of the lower court shall stand affirmed.
KRS § 21A.070 Publication of opinions
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(1) All opinions of the Supreme Court shall be published. (2) The Supreme Court shall determine which opinions of the Court of Appeals and lower courts shall be published. (3) The Supreme Court shall select the method of publication and the publisher or publishers of the opinions…
KRS § 21A.080 Process, to whom directed
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The original or final process of the Supreme Court may be directed to the sheriff of any county.
KRS § 21A.090 Security personnel and services for Court of Justice
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(1) At the request of the Chief Justice, the Governor may provide through the Department of Kentucky State Police such security personnel and services for the Supreme Court and Court of Appeals as shall be necessary. (2) When the Chief Justice, in his discretion, believes that lo…
KRS § 21A.100 Court of Appeals records become Supreme Court records
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The records of the Court of Appeals involving proceedings before that court, prior to January 1, 1976, shall become part of the permanent records of the Supreme Court. Such records shall be given the same faith and credit as are records of the Supreme Court.
KRS § 21A.110 Retired justice or judge serving as special judge -- Compensation -- Expenses
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Expenses. Any retired justice or judge assigned to active judicial service pursuant to Section 110(5)(b) of the Constitution shall be compensated for his or her service as follows: (1) The salary for each day which the justice or judge serves shall be as set by the Supreme Court …
KRS § 21A.120 Special justice of Supreme Court -- Qualifications -- Compensation -- Expenses
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Expenses. (1) If it becomes necessary for the Governor to appoint a justice to the Supreme Court pursuant to Section 110(3) of the Constitution, a person so appointed shall possess the qualifications of a Supreme Court Justice. (2) The salary for each day which the justice serves…
KRS § 21A.130 Board of Bar Examiners -- Compensation and expenses
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(1) To assist in the evaluation of applicants for admission to the practice of law, the Supreme Court may appoint a Board of Bar Examiners. (2) The Supreme Court shall make reasonable allowances to each member of the Board of Bar Examiners for his services, for necessary clerical…
KRS § 21A.140 Disposition of fees paid for admission to practice of law
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Any fees fixed by the Supreme Court to be paid by applicants for admission to the practice of law and for the issuance of a license to practice law shall be promptly paid into the State Treasury by the person, officer, or agency designated by the Supreme Court to receive or colle…
KRS § 21A.150 Powers of Kentucky Bar Association in disciplinary proceedings
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As deemed necessary in the exercise of its power to discipline attorneys, as granted by Section 116 of the Constitution, the Supreme Court may authorize the Kentucky Bar Association to conduct hearings, administer necessary oaths, take testimony under oath, compel the attendance …
KRS § 21A.160 Organization and control of state bar vested in Supreme Court
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The Supreme Court has power to provide for the organization, government and membership of the state bar of Kentucky and to adopt rules and regulations to govern conduct and activity of the state bar and its members.
KRS § 21A.170 In-service training for judges, domestic relations commissioners, and trial commissioners on child sexual abuse, domestic violence, and crimes against the elderly
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commissioners on child sexual abuse, domestic violence, and crimes against the elderly. The Supreme Court shall provide, at least once every two (2) years, in-service training programs for Circuit Judges, District Judges, and domestic relations and trial commissioners in: (1) Chi…
KRS § 21A.180 Training for judges, domestic relations commissioners, and trial commissioners on adult abuse, neglect, and exploitation investigations and prosecutions
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commissioners on adult abuse, neglect, and exploitation investigations and prosecutions. The Administrative Office of the Courts, under the direction of the Supreme Court, shall develop training for Circuit Judges, District Judges, and domestic relations and trial commissioners o…
KRS § 21A.190 Pilot project to study the feasibility and desirability of conducting some open juvenile proceedings
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open juvenile proceedings. (1) The General Assembly respectfully requests that the Supreme Court of Kentucky institute a pilot project to study the feasibility and desirability of the opening or limited opening of court proceedings, except for proceedings related to sexual abuse,…
KRS § 21A.192 Procedures for courts participating in pilot project authorized by KRS 21A.190
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21A.190. (1) A court chosen for the pilot project authorized by KRS 21A.190 shall, subject to written authorization by the Chief Justice: (a) Open all or some of its proceedings to the public relating to cases identified in KRS 21A.190(1), subject to subsection (2) of this sectio…
KRS § 21A.300 Prohibition against solicitation of professional employment from victim or relative of victim of accident or disaster
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relative of victim of accident or disaster. (1) Notwithstanding KRS 21A.160, for a period of thirty (30) days following the filing of a criminal or civil action, or claim for damages, or a traffic citation, injury, accident, or disaster, an attorney or an attorney referral servic…
KRS § 21A.310 Penalties for violation of KRS 21A.300
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(1) Notwithstanding KRS 21A.160, any person violating any provision of KRS 21A.300 shall, upon conviction, be guilty of a Class A misdemeanor. (2) The Kentucky Supreme Court may discipline any attorney who violates any provision of KRS 21A.300. (3) A penalty may be imposed on an …
KRS § 21A.320 Permissible types of solicitation
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Nothing contained in KRS 21A.300 and 21A.310 shall prohibit an attorney or attorney referral service from: (1) Soliciting employment by advertising directed to the general public; or (2) Accepting representation of a client who has contacted the lawyer as the result of a recommen…
KRS § 21.345 Definitions
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(1) For the purposes of KRS 21.350 to 21.510, "retirement" means a voluntary resignation or a failure of reelection, but does not include a removal for cause. (2) The word "service" as used in KRS 21.370 to 21.480 means service transferred from the Kentucky Retirement Systems pur…
KRS § 21.347 Judicial Retirement Plan -- Judicial retirement fund -- Established
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The Judicial Retirement System established by KRS 21.345 to 21.510 shall hereafter be designated and known as the Judicial Retirement Plan. There is established within that plan a state fund to be known as the judicial retirement fund, which shall consist of all money and securit…
KRS § 21A.350 Weighted caseload analysis of need to increase, decrease, or rearrange circuits or districts or reallocate judges -- Certification of necessity
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circuits or districts or reallocate judges -- Certification of necessity. (1) Beginning in 2020 and every eight (8) years thereafter, the Supreme Court may direct the Administrative Office of the Courts to perform a weighted caseload analysis to determine the need to reduce, incr…
KRS § 21.350 Establishment of system membership
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(1) Except as provided in subsection (2) of this section, membership in the retirement system established by KRS 21.350 to 21.510 shall consist of, and be confined to, Justices of the Supreme Court, Judges of the Court of Appeals created by Section 111 of the Constitution of Kent…
KRS § 21.357 Summary plan description -- Publication -- Recipients
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(1) The Judicial Retirement Board shall prepare and furnish to all active members a summary plan description, written in a manner calculated to be understood by the members and beneficiaries, and sufficiently accurate and comprehensive to reasonably apprise them of their rights a…
KRS § 21.360 Election to participate -- Delayed election
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(1) (a) Each Judge of the District Court in office on July 1, 1978, may within thirty (30) days after that date, and any judge or justice of any court entitled to be a member thereafter taking office may within thirty (30) days after taking office, elect to make monthly contribut…
KRS § 21.370 Term of service to qualify if member began participating before January 1, 2014 -- Transfer of service credit to Judicial Retirement Plan -- Purchase of service credit for service as police judge and for military service -- Special provisions for active members
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2014 -- Transfer of service credit to Judicial Retirement Plan -- Purchase of service credit for service as police judge and for military service -- Special provisions for active members. (1) (a) Except as provided in subsection (2) of KRS 21.410 and in subsection (2) of KRS 21.4…
KRS § 21.372 Limitations and exclusions on increases in final compensation for members retiring on or after January 1, 2018 -- Exception for bona fide promotion or career development -- Exclusion -- Determination by board -- Administrative regulations -- Inapplicability to hybrid cash balance plan participants
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members retiring on or after January 1, 2018 -- Exception for bona fide promotion or career development -- Exclusion -- Determination by board -- Administrative regulations -- Inapplicability to hybrid cash balance plan participants. (1) For purposes of this section: (a) "Bona fi…
KRS § 21.374 Election by member participating in the Legislators' Retirement Plan or the Judicial Retirement Plan on or after September 1, 2008, but before January 1, 2014 -- Participation in hybrid cash balance plan -- Private letter ruling -- Administrative regulations
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or the Judicial Retirement Plan on or after September 1, 2008, but before January 1, 2014 -- Participation in hybrid cash balance plan -- Private letter ruling -- Administrative regulations. Notwithstanding KRS 6.500 to 6.577 and 21.345 to 21.580: (1) Subject to the provisions of…
KRS § 21.375 Vesting through combined service credit
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A person who does not have the amount of service required for service retirement in the Judicial Retirement Plan but who is a member of that plan, or is a former member who has service credit therein in accordance with subsection (2) or (3) of KRS 21.460, shall become vested in t…
KRS § 21.380 Normal retirement age
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(1) The normal retirement date or age of a member shall be his sixty-fifth birthday, except that the normal retirement age for a member who began participating in the Judicial Retirement Plan prior to January 1, 2014, shall be reduced by one (1) year, but no more than five (5) ye…
KRS § 21.385 Payment of benefits while continuing in service -- Options for member who began participating before January 1, 2014 -- Multiple retirements by one person
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began participating before January 1, 2014 -- Multiple retirements by one person. (1) In a situation in which, by reason of federal tax law, the failure to commence the payment of retirement benefits to a vested member of the Kentucky Judicial Retirement Plan, by a specified date…
KRS § 21.400 Computation of retirement allowance for member who began participating before January 1, 2014 -- Benefit reduction for early retirement
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before January 1, 2014 -- Benefit reduction for early retirement. (1) A member who began participating in the Judicial Retirement Plan prior to January 1, 2014, who retires on or after his normal retirement date shall receive a service retirement allowance, payable monthly during…
KRS § 21.402 Hybrid cash balance plan for certain members of Legislators' Retirement Plan and Judicial Retirement Plan -- Member contributions and employer pay credits -- Interest credits -- Termination of employment -- Options upon retirement -- Individual members' accounts established by board of Judicial Form Retirement System
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Plan and Judicial Retirement Plan -- Member contributions and employer pay credits -- Interest credits -- Termination of employment -- Options upon retirement -- Individual members' accounts established by board of Judicial Form Retirement System. (1) A member of the Legislators'…
KRS § 21.405 Increase of retirement benefits
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(1) As of July 1, 1982, the board of trustees of the Kentucky Judicial Form Retirement System shall recompute the monthly benefits of persons then receiving benefits under the Judicial Retirement Plan, provided the person began participating in the plan prior to January 1, 2014, …
KRS § 21.410 Disability retirement -- Computation
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(1) (a) If upon examination of a member under his normal retirement age by one (1) or more qualified physicians employed by the retirement board, it is certified to the satisfaction of the board that such member is so physically or mentally disabled as to be incapacitated for fur…
KRS § 21.415 Disability retirement benefits
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Retirement benefits for a Justice of the Supreme Court, Judge of the Court of Appeals, Circuit Judge, or District Judge retired for disability under Section 121 of the Constitution of Kentucky shall be in accordance with KRS 21.410. The Judicial Retirement Board, in the case of s…
KRS § 21.420 Death benefits for members -- Designation of beneficiary to receive accumulated contributions or accumulated account balance
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accumulated contributions or accumulated account balance. (1) After the death of a member who began participating in the Judicial Retirement Plan prior to January 1, 2014, who at the time of his or her death was receiving a service retirement allowance (other than an actuarially …
KRS § 21.425 Benefits to surviving or disabled children of members who began participating before January 1, 2014 -- Designation of beneficiaries
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participating before January 1, 2014 -- Designation of beneficiaries. (1) In any circumstances in which a surviving spouse would be entitled to any allowance under KRS 21.420, but there is no surviving spouse or the surviving spouse subsequently dies, and there is a surviving chi…
KRS § 21.427 Health insurance and benefits for recipients -- Premium reimbursement plan -- Coordination with all state-administered retirement systems or plans
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plan -- Coordination with all state-administered retirement systems or plans. (1) (a) The board of trustees of the Judicial Form Retirement System shall arrange by appropriate contract or on a self-insured basis for a group hospital and medical insurance plan for recipients of a …
KRS § 21.440 Duties of investment committee -- Duties of board -- Actuarial valuations, investigations, and analyses -- Audit
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investigations, and analyses -- Audit. (1) (a) The investment committee for the judicial retirement fund shall at least once in every two (2) year period procure an actuarial valuation of the judicial retirement fund. The valuation shall, at a minimum, include: 1. A description o…
KRS § 21.450 Funding of benefits -- Trustee -- Duties of board members, investment manager or other fiduciary, or proxy advisor -- Accrual of benefits -- Standards of conduct
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manager or other fiduciary, or proxy advisor -- Accrual of benefits -- Standards of conduct. (1) The benefits provided by KRS 21.350 to 21.510 to be paid shall be funded through contract with a reputable life insurance company authorized to do business in this state, or through i…
KRS § 21.460 Refund of contributions or account balance for members who began participating before January 1, 2014 -- Purchase of service credit -- Interest on deferred refunds -- Repayment
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participating before January 1, 2014 -- Purchase of service credit -- Interest on deferred refunds -- Repayment. (1) (a) For members who began participating in the Judicial Retirement Plan prior to January 1, 2014: If any member of the plan ceases, other than by death or by disab…
KRS § 21.470 Exemption from taxation, execution -- Taxability after December 31, 1997
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All retirement allowances and other benefits accrued or accruing to any person under the provisions of KRS 21.350 to 21.510 are hereby exempted from any state, county or municipal tax, and shall not be subject to execution, attachment, garnishment or any other process whatsoever,…
KRS § 21.480 KRS 21.350 to 21.510 creates vested interest for members who began participating before January 1, 2014 -- Exception -- Amendment of benefits and rights
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participating before January 1, 2014 -- Exception -- Amendment of benefits and rights. (1) For members who begin participating in the Judicial Retirement Plan prior to January 1, 2014, it is hereby declared that in consideration of the contributions by the members, and in further…
KRS § 21.510 Appropriation -- Transfer of funds to judicial retirement fund
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For the purposes of KRS 21.350 to 21.510, there is appropriated to the judicial retirement fund all sums received from contributions of members of the retirement system created by KRS 21.350 to 21.510. There further is appropriated, out of the general expenditure fund in the Stat…
KRS § 21.525 Contributions by state -- Normal cost and actuarially accrued liability contributions -- Employer costs for hybrid cash balance plan
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contributions -- Employer costs for hybrid cash balance plan. (1) The state, by appropriation to the Judicial Retirement Board, shall contribute annually to the Judicial Retirement System an amount equal to the percent as computed under subsection (2)(a) of this section of the cr…