prosecutor.
(1) 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 civil organization is not a "financial interest" in securities held by the organization.
(2) Any prosecuting attorney shall disqualify himself in any proceeding in which he or his spouse, or a member of his immediate family either individually or as a fiduciary:
(a) Is a party to the proceeding, or an officer, director, or trustee of a party;
(b) Is acting as a lawyer in the proceeding;
(c) Is known by the prosecuting attorney to have an interest that could be substantially affected by the outcome of the proceeding;
(d) Is to the prosecuting attorney's knowledge likely to be a material witness in the proceeding;
(e) Has served in private practice or government service, other than as a prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in controversy;
(f) Has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
(3) Any prosecuting attorney may be disqualified by the court in which the proceeding is presently pending, upon a showing of actual prejudice.
(4) In the event that a prosecuting attorney is disqualified, he shall certify such fact in writing to the Attorney General who may direct another Commonwealth's attorney or county attorney or an assistant attorney general as a special prosecutor to represent the Commonwealth in that proceeding. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 42, effective July 1, 1982. -- Repealed and reenacted 1980 Ky. Acts ch. 188, sec. 10, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 59, sec. 1. Formerly codified as KRS 26A.250. Note: 1980 Ky. Acts ch. 396, sec. 45 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, effective July 1, 1982.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1984–2025 · leading case:
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
· cites it 14× “Following the jury verdict, appellant moved for a new trial, alleging that Cox should have been disqualified pursuant to KRS 15.733 due to a conflict of interest arising from his relationship with the victim, Fuller Harding.”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
· cites it 2× “KRS 15.733(2)(e) provides: Any prosecuting attorney shall disqualify himself in any proceeding in which he.”
Bowling v. Commonwealth, 80 S.W.3d 405 (Ky. 2002).
“But KRS 15.733(2)(d) provides in pertinent part: “Any prosecuting attorney shall disqualify himself in any proceeding in which he .”
Kentucky Bar Ass'n v. Lovelace, 778 S.W.2d 651 (Ky. 1989).
· cites it 2× “The Board found that respondent did not take part in obtaining the indictment and that he withdrew as counsel for the Commonwealth (as allowed by KRS 15.733) prior to filing a civil suit and prior to the defendant’s arraignment on the criminal charge.”
Summit v. Mudd, 679 S.W.2d 225 (Ky. 1984).
“The argument that a special prosecutor could be appointed by the Attorney General pursuant to KRS 15.733(4) is unconvincing. The Commonwealth Attorney for Jefferson County is not isolated from the unified prosecutorial system of the Commonwealth of Kentucky.”
Thorpe v. Commonwealth, 295 S.W.3d 458 (Ky. Ct. App. 2009).
“KRS 15.733(2)(c) & (d) provide in pertinent part as follows: [a] prosecuting attorney shall disqualify [her]self in any proceeding in which .”
Nunn v. Commonwealth, 896 S.W.2d 911 (Ky. 1995).
“KRS 15.733 states Any prosecuting attorney shall disqualify himself in any proceeding in which he has served in private practice .”
Kentucky Bar Ass'n v. Marcum, 830 S.W.2d 389 (Ky. 1992).
“Marcum did violate DR 9-101(B), and KRS 15.733. The Board found, in a 10-4 vote, that Mr.”
Brown v. Commonwealth, 892 S.W.2d 289 (Ky. 1995).
“By virtue of KRS 15.733(2)(e), a prosecutor is disqualified if he “has served in private practice or government service, other than as a prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in controversy.”
Jimmy Davis v. Commonwealth of Kentucky (Ky. 2019).
· cites it 6× “In conclusion, a defendant need not show actual prejudice as grounds for disqualification of a particular prosecutor under the specific statutory grounds in KRS 15.733 or under SCR 3.130(1.11). However, actual prejudice must be shown to substantiate disqualification of a…”
— Ky. Rev. Stat. § 15.733(1)(b) — 1 case
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
“Following the jury verdict, appellant moved for a new trial, alleging that Cox should have been disqualified pursuant to KRS 15.733 due to a conflict of interest arising from his relationship with the victim, Fuller Harding.”
— Ky. Rev. Stat. § 15.733(2) — 3 cases
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
“Following the jury verdict, appellant moved for a new trial, alleging that Cox should have been disqualified pursuant to KRS 15.733 due to a conflict of interest arising from his relationship with the victim, Fuller Harding.”
Jimmy Davis v. Commonwealth of Kentucky (Ky. 2019).
“In conclusion, a defendant need not show actual prejudice as grounds for disqualification of a particular prosecutor under the specific statutory grounds in KRS 15.733 or under SCR 3.130(1.11). However, actual prejudice must be shown to substantiate disqualification of a…”
— Ky. Rev. Stat. § 15.733(2)(c) — 1 case
Thorpe v. Commonwealth, 295 S.W.3d 458 (Ky. Ct. App. 2009).
“KRS 15.733(2)(c) & (d) provide in pertinent part as follows: [a] prosecuting attorney shall disqualify [her]self in any proceeding in which .”
— Ky. Rev. Stat. § 15.733(2)(d) — 1 case
Bowling v. Commonwealth, 80 S.W.3d 405 (Ky. 2002).
“But KRS 15.733(2)(d) provides in pertinent part: “Any prosecuting attorney shall disqualify himself in any proceeding in which he .”
— Ky. Rev. Stat. § 15.733(2)(e) — 3 cases
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
“KRS 15.733(2)(e) provides: Any prosecuting attorney shall disqualify himself in any proceeding in which he.”
Brown v. Commonwealth, 892 S.W.2d 289 (Ky. 1995).
“By virtue of KRS 15.733(2)(e), a prosecutor is disqualified if he “has served in private practice or government service, other than as a prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in controversy.”
— Ky. Rev. Stat. § 15.733(2)(f) — 1 case
— Ky. Rev. Stat. § 15.733(3) — 6 cases
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
“Following the jury verdict, appellant moved for a new trial, alleging that Cox should have been disqualified pursuant to KRS 15.733 due to a conflict of interest arising from his relationship with the victim, Fuller Harding.”
Jimmy Davis v. Commonwealth of Kentucky (Ky. 2019).
“In conclusion, a defendant need not show actual prejudice as grounds for disqualification of a particular prosecutor under the specific statutory grounds in KRS 15.733 or under SCR 3.130(1.11). However, actual prejudice must be shown to substantiate disqualification of a…”
— Ky. Rev. Stat. § 15.733(4) — 1 case
Summit v. Mudd, 679 S.W.2d 225 (Ky. 1984).
“The argument that a special prosecutor could be appointed by the Attorney General pursuant to KRS 15.733(4) is unconvincing. The Commonwealth Attorney for Jefferson County is not isolated from the unified prosecutorial system of the Commonwealth of Kentucky.”
— Ky. Rev. Stat. § 15.733(l)(b) — 1 case
Barnett v. Commonwealth, 979 S.W.2d 98 (Ky. 1998).
“Following the jury verdict, appellant moved for a new trial, alleging that Cox should have been disqualified pursuant to KRS 15.733 due to a conflict of interest arising from his relationship with the victim, Fuller Harding.”
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