2014 Kentucky Revised Statutes CHAPTER 26A - COURT OF JUSTICE 26A.015 Disqualification of justice or judge of the Court of Justice, or master commissioner.
Download as PDF
26A.015 Disqualification of justice or judge of the Court of Justice, or master
commissioner.
(1)
(2)
For the purposes of this section the following words or phrases shall have the
meaning indicated:
(a) "Proceeding" includes pretrial, trial, appellate review, or other stages of
litigation;
(b) "Fiduciary" includes such relationships as executor, administrator,
conservator, trustee, and guardian;
(c) "Financial interest" means ownership of a legal or equitable interest,
however small, or a relationship as director, adviser, or other active
participant in the affairs of a party, except that:
1.
Ownership in a mutual or common investment fund that holds
securities, or a proprietary interest of a policyholder in a mutual
insurance company, of a depositor in a mutual savings association,
or a similar proprietary interest, or ownership of government
securities is a "financial interest" only if the outcome of the
proceeding could substantially affect the value of the interest;
2.
An office in an educational, religious, charitable, fraternal, or civic
organization is not a "financial interest" in securities held by the
organization.
Any justice or judge of the Court of Justice or master commissioner shall
disqualify himself in any proceeding:
(a) Where he has a personal bias or prejudice concerning a party, or
personal knowledge of disputed evidentiary facts concerning the
proceedings, or has expressed an opinion concerning the merits of the
proceeding;
(b) Where in private practice or government service he served as a lawyer or
rendered a legal opinion in the matter in controversy, or a lawyer with
whom he previously practiced law served during such association as a
lawyer concerning the matter in controversy, or the judge, master
commissioner or such lawyer has been a material witness concerning the
matter in controversy;
(c) Where he knows that he, individually or as a fiduciary, or his spouse or
minor child residing in his household, has a pecuniary or proprietary
interest in the subject matter in controversy or in a party to the
proceeding;
(d) Where he or his spouse, or a person within the third degree of
relationship to either of them, or the spouse of such a person:
1.
Is a party to the proceeding, or an officer, director, or trustee of a
party;
2.
Is acting as a lawyer in the proceeding and the disqualification is not
waived by stipulation of counsel in the proceeding filed therein;
3.
Is known by the judge or master commissioner to have an interest
that could be substantially affected by the outcome of the
proceeding;
4.
(e)
(3)
(a)
(b)
Is to the knowledge of the judge or master commissioner likely to be
a material witness in the proceeding.
Where he has knowledge of any other circumstances in which his
impartiality might reasonably be questioned.
Any justice or judge of the Court of Justice disqualified under the
provisions of this section shall be replaced by the Chief Justice.
Any master commissioner disqualified under the provisions of this section
or unable to discharge the duties of his office for any other reason shall
be replaced by a special commissioner who shall be appointed by the
judge of the court before whom the action is pending. The special
commissioner shall meet the same qualifications as a master
commissioner and shall take an oath and execute a bond as the regular
commissioner is required to do.
Effective:July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 41, effective July 1, 1982. -Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 4.
Note: 1980 Ky. Acts ch. 396, sec. 44 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts
ch. 141, sec. 146, also effective July 1, 1982.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.