Ky. Rev. Stat. » Chapter 23
Kentucky Revised Statutes

Ky. Rev. Stat. § 23.230 (2026)

Repealed, 1977

✓ current as of May 2026
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Catchline at repeal: Special judge by agreement if regular judge absent or cannot preside, or office is vacant. -- Designation of special judge by chief justice of Supreme Court. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective March 19, 1977. -- Amended 1976 Ky. Acts ch. 62, sec. 24. -- Amended 1954 Ky. Acts ch. 133, sec. 2. -- Amended 1944 Ky. Acts ch. 35, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 971-6, 971-7.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1943–2021 · leading case: Sidell v. Hill, 357 S.W.2d 318 (Ky. Ct. App. 1962).
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Sidell v. Hill, 357 S.W.2d 318 (Ky. Ct. App. 1962). · cites it 5× “” On the same day, September 15, 1961, a stipulation designating a special judge was filed under KRS 23.230. This stipulation was signed by the commonwealth’s attorney, Hon.”
Foster v. Commonwealth, 348 S.W.2d 759 (Ky. Ct. App. 1961). “It is next contended the trial judge should have vacated the bench on the basis of appellant’s affidavit showing bias, filed under KRS 23.230. This statute has been construed to require a statement of facts which not only show bias, prejudice or personal hostility toward the…”
Johnson v. Ducobu, 258 S.W.2d 509 (Ky. Ct. App. 1953). “Except for conclusions of the affiant, the affidavit merely charges that the Chancellor had presided in other litigation between the same parties in which appellants were unsuccessful.”
Harrell v. City of Middlesboro, 287 S.W.2d 614 (Ky. Ct. App. 1956). “The following' day, *615 Harrell filed motion with a supporting affidavit (under KRS 23.230) and requested the trial judge to vacate the bench.”
Commonwealth Ex Rel. Meredith v. Murphy, 174 S.W.2d 681 (Ky. Ct. App. 1943). “The verified amended petition contains the essential elements of an affidavit necessary to have the Judge vacate the bench, KRS 23.230, and the defendant, himself insists that was and is the sole purpose of the instrument.”
Wedding v. Lair, 404 S.W.2d 451 (Ky. Ct. App. 1966). “Rogers by the attorneys present (the entire bar having been appointed to defend Wedding) was accomplished pursuant to KRS 23.230. In Dupoyster v. Clarke, 121 Ky.”
Brunner v. Commonwealth, 395 S.W.2d 382 (Ky. Ct. App. 1965). “Appellant, pursuant to KRS 23.230(1), filed an affidavit with the circuit court clerk wherein he requested the trial judge, the Honorable Thomas J.”
Arnold v. Commonwealth, 421 S.W.2d 366 (Ky. Ct. App. 1967). “KRS 23.230 provides the method and ground on which a judge may be sworn off the bench.”
Howerton v. Price, 449 S.W.2d 746 (Ky. Ct. App. 1970). “However, in the order the motion was denied because the allegations were deemed insufficient to require Judge Price's disqualification.”
Wells v. Walter, 501 S.W.2d 259 (Ky. Ct. App. 1973). “On the basis of this affidavit and pursuant to KRS 23.230 she moved the respondent on September 5, 1973, to vacate the bench.”
Murray v. Commonwealth, 473 S.W.2d 150 (Ky. Ct. App. 1971). “Digest, 11-B, Judges,); it was not in proper form, oral and unverified (KRS 23.230(1)); even the oral allegation contained no assertion of a factual basis for disqualification (Lilly v.”
Bradshaw v. Bradshaw, 295 S.W.2d 571 (Ky. Ct. App. 1956). “We are unwilling to apply the provisions of KRS 23.230 (which relate to swearing a judge off the bench for prejudice) to master commissioners, since the circuit judge and not the master commissioner rules on the motion.”
Show all 21 citing cases →
— Ky. Rev. Stat. § 23.230(1) — 7 cases
Brunner v. Commonwealth, 395 S.W.2d 382 (Ky. Ct. App. 1965). “Appellant, pursuant to KRS 23.230(1), filed an affidavit with the circuit court clerk wherein he requested the trial judge, the Honorable Thomas J.”
Howerton v. Price, 449 S.W.2d 746 (Ky. Ct. App. 1970). “However, in the order the motion was denied because the allegations were deemed insufficient to require Judge Price's disqualification.”
Murray v. Commonwealth, 473 S.W.2d 150 (Ky. Ct. App. 1971). “Digest, 11-B, Judges,); it was not in proper form, oral and unverified (KRS 23.230(1)); even the oral allegation contained no assertion of a factual basis for disqualification (Lilly v.”
Pace v. Wolfinbarger, 420 S.W.2d 561 (Ky. Ct. App. 1967).
Jaggers v. Overstreet, 412 S.W.2d 238 (Ky. Ct. App. 1967).
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