.020 Designation of retired justice or judge as special judge.
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26A.020 Designation of retired justice or judge as special judge.
(1)
When, from any cause, a judge of any Circuit or District Court fails to attend, or
being in attendance cannot properly preside in an action pending in the court, or if a
vacancy occurs or exists in the office of circuit or district judge, the circuit clerk
shall at once certify the facts to the Chief Justice who shall immediately designate a
regular or retired justice or judge of the Court of Justice as special judge. If either
party files with the circuit clerk his affidavit that the judge will not afford him a fair
and impartial trial, or will not impartially decide an application for a change of
venue, the circuit clerk shall at once certify the facts to the Chief Justice who shall
immediately review the facts and determine whether to designate a regular or retired
justice or judge of the Court of Justice as special judge. Any special judge so
selected shall have all the powers and responsibilities of a regular judge of the court.
(2)
A retired justice or judge serving as a special judge shall be compensated as
provided by KRS 21A.110.
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 5.