share or redistribute prosecutorial duties -- Circuit clerk's authority to issue criminal warrants.
(1) The Commonwealth's attorney shall attend each Circuit Court held in his judicial circuit. He shall, except as provided in KRS 15.715 and KRS Chapter 131, have the duty to prosecute all violations whether by adults or by juveniles subject to the jurisdiction of the Circuit Court of the criminal and penal laws which are to be tried in the Circuit Court in his judicial circuit. In addition, he shall have the primary responsibility within his judicial circuit to present evidence to the grand jury concerning such violations.
(2) The county attorney shall attend the District Court in his county and prosecute all violations whether by adults or by juveniles subject to the jurisdiction of the regular or juvenile session of the District Court of criminal and penal laws, except as provided in KRS Chapter 131, within the jurisdiction of said District Court.
(3) The Commonwealth's attorney and county attorneys in a judicial circuit shall cooperate in the enforcement of criminal and penal laws of the Commonwealth. When necessary, the Commonwealth's attorney and county attorney shall assist each other in prosecution within their respective courts. Each Commonwealth's attorney and county attorney may enter into agreements to share or redistribute prosecutorial duties in the Circuit and District Courts. Any prosecutorial or related duty assigned by statute to the Commonwealth's attorney may be performed by the county attorney, and any prosecutorial or related duty assigned by statute to the county attorney may be performed by the Commonwealth's attorney pursuant to these agreements. Copies of the agreements shall when executed be forwarded to the Attorney General, the chief judges of the Circuit and District Courts, and the chief regional judges of the Circuit and District Courts.
(4) The Prosecutors Advisory Council shall in allocating resources between the Commonwealth's and county attorney take the agreements into account.
(5) In the event of the absence from a county of all District Judges and all Circuit Judges and all trial commissioners, the circuit clerk in each county may issue criminal warrants prepared by the Commonwealth's attorney or county attorney, who shall certify that there is no District Judge, Circuit Judge, or trial commissioner within the county. Effective: July 15, 1997 History: Amended 1996 Ky. Acts ch. 358, sec. 3, effective July 15, 1997. -- Amended 1994 Ky. Acts ch. 189, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 322, sec. 11, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 42, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 25, sec. 1, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 17, sec. 6, effective January 1, 1978. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), the amendment of this statute by Section 3 of that Act becomes effective July 15, 1997.
Notes of Decisions
Cited in
31
cases (
9 in the last 5 years), 1980–2026 · leading case:
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
· cites it 8× “KRS 15.725(1). In the alternative, they claimed that he acted erroneously within his jurisdiction by refusing to approve the plea agreement and by permitting the victims' families and friends to object to the terms of the agreement.”
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
· cites it 8× “The issue presented on direct appeal is whether a county attorney may assist the Commonwealth's Attorney in the prosecution of a criminal case without first having entered into a written agreement pursuant to KRS 15.725. We granted transfer from the Court of Appeals to consider…”
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010).
· cites it 4× “He was acting pursuant to KRS 15.725 and KRS 69.010. KRS 15.725(1) specifically states that: The Commonwealth's attorney shall attend each Circuit Court held in his judicial circuit.”
West v. Commonwealth, 887 S.W.2d 338 (Ky. 1994).
· cites it 4× “There is no conflict between the duties of the Commonwealth's Attorney as provided in KRS 15.725 and 22A.020(4) and the responsibilities of the Louisville Director of Law under city ordinance 34.”
Talbott v. Commonwealth, 968 S.W.2d 76 (Ky. 1998).
· cites it 2× “Armed with this information, Harlow proceeded to obtain a warrant for Appellant's arrest.”
McCollum v. Garrett, 880 S.W.2d 530 (Ky. 1994).
· cites it 2× “KRS 15.725. The Compton Court also cited McAlister & Co.”
Copley v. Commonwealth, 361 S.W.3d 902 (Ky. 2012).
· cites it 2× “Hardy was a notary public, [6] was generally qualified to administer oaths and was employed by the Commonwealth Attorney's office, and that all other requirements for securing the warrant were carefully observed, such as complying with KRS 15.725(5) by having the Commonwealth…”
Commonwealth v. Corey, 826 S.W.2d 319 (Ky. 1992).
· cites it 2× “KRS 15.725. While RCr 8.10 does not expressly state that the plea agreement shall be between the defendant and the Commonwealth's Attorney, such a view is necessarily implied by virtue of the role conferred upon the trial court.”
Flynt v. Commonwealth, 105 S.W.3d 415 (Ky. 2003).
“(defining "prosecution” as both "[a] criminal proceeding in which an accused person is tried” and "[t]he government attorneys who initiate and maintain a criminal action against an accused defendant” (emphasis added)).”
Delahanty v. Commonwealth, 558 S.W.3d 489 (Ky. Ct. App. 2018).
“KRS 15.725(2). Thus, the Jefferson County Attorney had sufficient legal interest in the action taken by the appellant.”
Dugger v. Off 2nd, Inc., 612 S.W.2d 756 (Ky. Ct. App. 1980).
· cites it 2× “KRS 15.725 also lists some of the duties and responsibilities of county attorneys.”
Commonwealth v. Vibbert, 397 S.W.3d 910 (Ky. Ct. App. 2013).
· cites it 3× “With respect to the prosecuting officials in each court, KRS 15.725(1) provides that the Commonwealth’s attorney is responsible for the prosecution of all criminal cases that are triable in the circuit court in the judicial circuit where the Commonwealth’s attorney is elected.”
— Ky. Rev. Stat. § 15.725(1) — 8 cases
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
“KRS 15.725(1). In the alternative, they claimed that he acted erroneously within his jurisdiction by refusing to approve the plea agreement and by permitting the victims' families and friends to object to the terms of the agreement.”
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010).
“He was acting pursuant to KRS 15.725 and KRS 69.010. KRS 15.725(1) specifically states that: The Commonwealth's attorney shall attend each Circuit Court held in his judicial circuit.”
Flynt v. Commonwealth, 105 S.W.3d 415 (Ky. 2003).
“(defining "prosecution” as both "[a] criminal proceeding in which an accused person is tried” and "[t]he government attorneys who initiate and maintain a criminal action against an accused defendant” (emphasis added)).”
Commonwealth v. Vibbert, 397 S.W.3d 910 (Ky. Ct. App. 2013).
“With respect to the prosecuting officials in each court, KRS 15.725(1) provides that the Commonwealth’s attorney is responsible for the prosecution of all criminal cases that are triable in the circuit court in the judicial circuit where the Commonwealth’s attorney is elected.”
— Ky. Rev. Stat. § 15.725(2) — 9 cases
Delahanty v. Commonwealth, 558 S.W.3d 489 (Ky. Ct. App. 2018).
“KRS 15.725(2). Thus, the Jefferson County Attorney had sufficient legal interest in the action taken by the appellant.”
Commonwealth v. Vibbert, 397 S.W.3d 910 (Ky. Ct. App. 2013).
“With respect to the prosecuting officials in each court, KRS 15.725(1) provides that the Commonwealth’s attorney is responsible for the prosecution of all criminal cases that are triable in the circuit court in the judicial circuit where the Commonwealth’s attorney is elected.”
— Ky. Rev. Stat. § 15.725(3) — 4 cases
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
“The issue presented on direct appeal is whether a county attorney may assist the Commonwealth's Attorney in the prosecution of a criminal case without first having entered into a written agreement pursuant to KRS 15.725. We granted transfer from the Court of Appeals to consider…”
— Ky. Rev. Stat. § 15.725(4) — 3 cases
Dugger v. Off 2nd, Inc., 612 S.W.2d 756 (Ky. Ct. App. 1980).
“KRS 15.725 also lists some of the duties and responsibilities of county attorneys.”
— Ky. Rev. Stat. § 15.725(5) — 2 cases
Talbott v. Commonwealth, 968 S.W.2d 76 (Ky. 1998).
“Armed with this information, Harlow proceeded to obtain a warrant for Appellant's arrest.”
Copley v. Commonwealth, 361 S.W.3d 902 (Ky. 2012).
“Hardy was a notary public, [6] was generally qualified to administer oaths and was employed by the Commonwealth Attorney's office, and that all other requirements for securing the warrant were carefully observed, such as complying with KRS 15.725(5) by having the Commonwealth…”
— Ky. Rev. Stat. § 15.725(8) — 1 case
Commonwealth v. Vibbert, 397 S.W.3d 910 (Ky. Ct. App. 2013).
“With respect to the prosecuting officials in each court, KRS 15.725(1) provides that the Commonwealth’s attorney is responsible for the prosecution of all criminal cases that are triable in the circuit court in the judicial circuit where the Commonwealth’s attorney is elected.”
— Ky. Rev. Stat. § 15.725(l) — 1 case
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