Each regular Commonwealth's attorney and county attorney shall be, ex officio, a special
prosecutor of the Commonwealth, and as such shall perform such duties and render such
services, at such time and places, coextensive with the Commonwealth as may be
required by the Attorney General. The duties and services may include, but are not
limited to, prosecution of or participation in action outside of his judicial circuit or
judicial district when directed by the Attorney General and assisting the Attorney General
in preparation and presentation of the Commonwealth's position in criminal cases
appealed to Circuit Court, Court of Appeals, and the Supreme Court.
Effective: January 1, 1978
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 17, sec. 7, effective January 1,
1978.
Notes of Decisions
Commonwealth ex rel. Stumbo v. Wilson, 622 S.W.2d 912 (Ky. 1981).
“715); to appoint Commonwealth’s Attorneys and County Attorneys as special prosecutors (KRS 15.730, 15.205); to assign a prosecutor where one has become disqualified to act (KRS 15.”
John Goble v. Jeremy Michael Mattox (Ky. 2021).
· cites it 6× “The Court of Appeals denied the petition, concluding that “[a]lthough the other statutes may fail to specifically state that a county attorney can be appointed as a special prosecutor outside of his judicial circuit to handle felony cases, there is nothing in the statutes that…”
John Goble v. Mattox, Scott Circuit Court Judge (Ky. 2020).
“013, and KRS 15.730 as permitting the Fayette County Attorney to serve as Special Prosecutor in this case and found certain opinions from the Office of the Attorney General to be persuasive in its analysis.”
Commonwealth v. Wasson, 785 S.W.2d 67 (Ky. Ct. App. 1990).
“” KRS 15.730, dealing with the duties of the Commonwealth’s Attorneys and County Attorneys as special prosecutors requires the County Attorney to assist the Attorney General in preparation and presentation of the Commonwealth’s position in criminal cases appealed to the Circuit…”
Kentucky Sheriffs Ass'n v. Fischer, 986 S.W.2d 444 (Ky. 1999).
“7, codified at KRS 15.730). The Kentucky Constitution must be interpreted in the spirit of a living document, one that survives changes in governmental structure and modern society.”
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