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31A.010 Master commissioners.
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A master commissioner may be appointed for each county within a judicial
circuit.
(a) In single-judge circuits the appointment shall be made by the Circuit
Judge.
(b) In judicial circuits with more than one (1) judge the master commissioner
shall be chosen by a majority of the judges and in the event of a tie the
Chief Circuit Judge shall choose from those receiving the tie vote.
The master commissioner shall be governed by such rules not inconsistent
with the statutes of the Commonwealth as may be set by the Supreme Court.
The master commissioner shall serve at the pleasure of the court as follows:
(a) In a single-judge circuit the master commissioner shall serve at the
pleasure of the Circuit Judge, but in no case shall his term exceed four (4)
years without reappointment. The term of the commissioner shall
automatically terminate following the death, resignation, or permanent
replacement of the Circuit Judge who appointed him.
(b) In a judicial circuit with more than one (1) judge the master commissioner
shall serve at the pleasure of the judges of the circuit, but in no case shall
his term exceed four (4) years without reappointment. The master
commissioner may be removed at any time by a majority vote of the
judges of the circuit and in the event of a tie the decision shall be made by
the Chief Circuit Judge.
Each commissioner shall annually provide to the Administrative Office of the
Courts a complete accounting for all amounts received and distributed and for
all fees collected. The master commissioner shall be compensated by fees as
provided by rule of the Supreme Court. Fees collected in excess of the
authorized compensation and expenses of the master commissioner shall be
remitted with the report to the Administrative Office of the Courts to inure to a
trust and agency account which shall not lapse and which shall be used to hire
additional deputy clerks or office personnel, to increase deputy clerk or office
personnel salaries, or a combination thereof. The Circuit Court may allow the
commissioner a reasonable fee for performing judicial type functions in actions
where the master commissioner does not execute a judicial sale.
The master commissioner shall maintain his office at such locations and during
such hours as authorized by rule of the Supreme Court.
The master commissioner shall perform such functions, including those of a
receiver, as may be directed by an appropriate order of court.
The master commissioner may have such deputies and assistants, as
authorized by rule of the Supreme Court, as are necessary to perform the
functions of his office.
The Supreme Court may make such rules, regulations, and accounting
procedures as it may deem necessary for the appointment, conduct, and other
matters relating to the master commissioner or receiver.
Effective:March 20, 2005
History: Amended 2005 Ky. Acts ch. 173, Pt. XIII, 1.(2), sec. 1, effective March 20,
2005. -- Amended 1982 Ky. Acts ch. 222, sec. 1, effective July 15, 1982. --
Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 48, effective January 2,
1978.
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