2013 Kentucky Revised Statutes CHAPTER 15 - DEPARTMENT OF LAW 15.715 Intervention in criminal prosecutions by Attorney General -- Prosecution of complaint against local prosecutor -- Performance of duties of local prosecutor until vacancy filled.
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15.715 Intervention in criminal prosecutions by Attorney General -Prosecution of complaint against local prosecutor -- Performance of
duties of local prosecutor until vacancy filled.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
In the event of the incapacity, refusal without sufficient grounds, inability,
conflict of interest of the local prosecutor, or his failure to act in a certain case
or cases, the council may authorize, by the vote of no less than five (5) of its
members, the Attorney General to initiate, intervene, or supersede a local
prosecutor for the purpose of prosecuting the criminal business in question of
the Commonwealth in that circuit or district after due notice having been given
to the local prosecutor.
When the Attorney General shall proceed under subsection (1) of this section,
he shall petition the Circuit Court of that circuit to disqualify the county attorney
or Commonwealth's attorney for good cause shown, when the county attorney
or Commonwealth's attorney refuses to disqualify himself. The action of the
Circuit Court shall be subject to review according to the Rules of the Supreme
Court.
If the Attorney General's petition to disqualify the local prosecutor was
sustained by the Circuit Court, the Attorney General shall file and prosecute a
complaint against the local prosecutor pursuant to KRS 61.120.
If the office of Commonwealth's attorney or the office of county attorney
becomes vacant, the Attorney General or his designee shall perform the duties
of that office until such time as the successor of that Commonwealth's attorney
or of that county attorney shall be appointed or elected as elsewhere provided
by law or until the Commonwealth's attorney or county attorney resumes the
duties of his office as provided by law.
When the Attorney General has been authorized to participate in a given case
pursuant to subsections (1), (2), (3), and (4) of this section, he may, at his own
discretion, direct a Commonwealth's attorney or county attorney from another
circuit or district to serve as the special prosecutor, who shall be reimbursed for
all of his actual expenses.
The Attorney General shall have the duty, within the Forty-eighth Judicial
Circuit, to prosecute any person who receives compensation from the Treasury
of the Commonwealth of Kentucky for all violations of the criminal and penal
laws arising out of, involving or in connection with state funds, or the sale or
transfer of goods or services by or to the Commonwealth or any of its political
subdivisions; and specifically including, but not limited to, all violations set forth
in KRS Chapters 521 and 522. Nothing herein shall be construed to change the
venue provision presently existing under Kentucky law as of July 15, 1980.
Whenever the Attorney General shall undertake any of the actions prescribed
in this section, he shall be authorized to exercise all powers and perform all
duties in respect to such criminal actions or proceedings which the prosecuting
attorney would otherwise perform or exercise, including, but not limited to, the
authority to sign, file, and present any and all complaints, affidavits,
information, presentments, accusations, indictments, subpoenas, and
processes of any kind, and to appear before all grand juries, courts, or
tribunals.
Effective:April 10, 1990
History: Amended 1990 Ky. Acts ch. 419, sec. 1, effective April 10, 1990. -Amended 1980 Ky. Acts ch. 42, sec. 1, effective July 15, 1980. -- Created 1976
(1st Extra. Sess.) Ky. Acts ch. 17, sec. 4, effective January 1, 1978.
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