commissioner.
(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 civic
organization is not a "financial interest" in securities held by the
organization.
(2) Any justice or judge of the Court of Justice or master commissioner shall disqualify
himself in any proceeding:
(a) Where he has a personal bias or prejudice concerning a party, or personal
knowledge of disputed evidentiary facts concerning the proceedings, or has
expressed an opinion concerning the merits of the proceeding;
(b) Where in private practice or government service he served as a lawyer or
rendered a legal opinion in the matter in controversy, or a lawyer with whom
he previously practiced law served during such association as a lawyer
concerning the matter in controversy, or the judge, master commissioner or
such lawyer has been a material witness concerning the matter in controversy;
(c) Where he knows that he, individually or as a fiduciary, or his spouse or minor
child residing in his household, has a pecuniary or proprietary interest in the
subject matter in controversy or in a party to the proceeding;
(d) Where he or his spouse, or a person within the third degree of relationship to
either of them, or the spouse of such a person:
1. Is a party to the proceeding, or an officer, director, or trustee of a party;
2. Is acting as a lawyer in the proceeding and the disqualification is not
waived by stipulation of counsel in the proceeding filed therein;
3. Is known by the judge or master commissioner to have an interest that
could be substantially affected by the outcome of the proceeding;
4. Is to the knowledge of the judge or master commissioner likely to be a
material witness in the proceeding.
(e) Where he has knowledge of any other circumstances in which his impartiality
might reasonably be questioned.
(3) (a) Any justice or judge of the Court of Justice disqualified under the provisions
of this section shall be replaced by the Chief Justice.
(b) Any master commissioner disqualified under the provisions of this section or
unable to discharge the duties of his office for any other reason shall be
replaced by a special commissioner who shall be appointed by the judge of the
court before whom the action is pending. The special commissioner shall meet
the same qualifications as a master commissioner and shall take an oath and
execute a bond as the regular commissioner is required to do.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 41, effective July 1, 1982. -- Created
1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 4.
Note: 1980 Ky. Acts ch. 396, sec. 44 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, also effective July 1, 1982.
Notes of Decisions
Stopher v. Commonwealth, 57 S.W.3d 787 (Ky. 2001).
· cites it 4× “KRS 26A.015(2) requires recusal when a judge has "personal bias or prejudice concerning a party .”
Alred v. Commonwealth, Jud. Conduct Comm'n, 395 S.W.3d 417 (Ky. 2012).
· cites it 8× “” 93 Canon 3E(l)(a) and KRS 26A.015 provide that a judge shall recuse himself in any proceeding in which he has a personal bias concerning a party or where he has knowledge of any other cir *444 cumstances in which his impartiality might reasonably be questioned.”
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 407 (Ky. 1992).
· cites it 10× “On August 22, 1992, South East Coal Company filed a motion requesting this Court to stay its proceedings pending a decision by United States District Judge Hood on South East Coal Company's cross-claim against the Supreme Court of Kentucky in federal court. As to South East Coal…”
Sommers v. Commonwealth, 843 S.W.2d 879 (Ky. 1992).
· cites it 6× “On September 11, 1989, the defense, citing KRS 26A.015 and SCR 4.300 (the Code of Judicial Conduct), moved Judge Graves to surrender the case.”
Minks v. Commonwealth, 427 S.W.3d 802 (Ky. 2014).
· cites it 4× “§ 455 (a), is substantially similar to KRS 26A.015 and Canon 3E(1), providing that, “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which *807 his impartiality might reasonably be questioned.”
Commonwealth v. Carter, 701 S.W.2d 409 (Ky. 1985).
· cites it 8× “The statute in question, in relevant portion, reads: KRS 26A.015. Disqualification of judge or justice of Court of Justice; or Master Commissioner.”
Tamme v. Commonwealth, 973 S.W.2d 13 (Ky. 1998).
· cites it 2× “shall disqualify himself in any proceeding: (a) Where he has a personal bias or prejudice concerning a party, . . . or has expressed an opinion concerning the merits of the proceeding; .”
Petzold v. Kessler Homes, Inc., 303 S.W.3d 467 (Ky. 2010).
· cites it 4× “In Liljeberg , the United States Supreme Court considered the federal judicial dis *472 qualification statute, 4 similar to KRS 26A.015. In that case, a United States District Judge was assigned to preside over a ease in which Loyola University had a pecuniary interest.”
Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984).
· cites it 2× “KRS 26A.015(2)(b) mandates that a judge recuse himself when he has "personal knowledge of disputed evidentiary facts concerning the proceedings.”
Stephen Marchese v. Allison Aebersold, 530 S.W.3d 441 (Ky. 2017).
· cites it 2× “2012) (citing Judicial Canon 3E(1)(a) and KRS 26A.015). KRS 26A.015(2) requires a judge to “disqualify himself in any proceeding: (a) Where he has .”
Commonwealth v. Reneer, 734 S.W.2d 794 (Ky. 1987).
· cites it 2× “There is, for example, the statute providing for the disqualification of judges, KRS 26A.015, as contrasted with SCR 4.300 Canon 3, C(1), in which the same subject-matter is included as a part of the Code of Judicial Conduct.”
— Ky. Rev. Stat. § 26A.015(2) — 19 cases
Stopher v. Commonwealth, 57 S.W.3d 787 (Ky. 2001).
“KRS 26A.015(2) requires recusal when a judge has "personal bias or prejudice concerning a party .”
Stephen Marchese v. Allison Aebersold, 530 S.W.3d 441 (Ky. 2017).
“2012) (citing Judicial Canon 3E(1)(a) and KRS 26A.015). KRS 26A.015(2) requires a judge to “disqualify himself in any proceeding: (a) Where he has .”
— Ky. Rev. Stat. § 26A.015(2)(a) — 21 cases
Stopher v. Commonwealth, 57 S.W.3d 787 (Ky. 2001).
“KRS 26A.015(2) requires recusal when a judge has "personal bias or prejudice concerning a party .”
Tamme v. Commonwealth, 973 S.W.2d 13 (Ky. 1998).
“shall disqualify himself in any proceeding: (a) Where he has a personal bias or prejudice concerning a party, . . . or has expressed an opinion concerning the merits of the proceeding; .”
Sommers v. Commonwealth, 843 S.W.2d 879 (Ky. 1992).
“On September 11, 1989, the defense, citing KRS 26A.015 and SCR 4.300 (the Code of Judicial Conduct), moved Judge Graves to surrender the case.”
— Ky. Rev. Stat. § 26A.015(2)(b) — 8 cases
Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984).
“KRS 26A.015(2)(b) mandates that a judge recuse himself when he has "personal knowledge of disputed evidentiary facts concerning the proceedings.”
Commonwealth v. Carter, 701 S.W.2d 409 (Ky. 1985).
“The statute in question, in relevant portion, reads: KRS 26A.015. Disqualification of judge or justice of Court of Justice; or Master Commissioner.”
Alred v. Commonwealth, Jud. Conduct Comm'n, 395 S.W.3d 417 (Ky. 2012).
“” 93 Canon 3E(l)(a) and KRS 26A.015 provide that a judge shall recuse himself in any proceeding in which he has a personal bias concerning a party or where he has knowledge of any other cir *444 cumstances in which his impartiality might reasonably be questioned.”
— Ky. Rev. Stat. § 26A.015(2)(d) — 2 cases
— Ky. Rev. Stat. § 26A.015(2)(d)(2) — 3 cases
— Ky. Rev. Stat. § 26A.015(2)(d)(l) — 2 cases
— Ky. Rev. Stat. § 26A.015(2)(e) — 14 cases
Petzold v. Kessler Homes, Inc., 303 S.W.3d 467 (Ky. 2010).
“In Liljeberg , the United States Supreme Court considered the federal judicial dis *472 qualification statute, 4 similar to KRS 26A.015. In that case, a United States District Judge was assigned to preside over a ease in which Loyola University had a pecuniary interest.”
— Ky. Rev. Stat. § 26A.015(2)(g) — 1 case
— Ky. Rev. Stat. § 26A.015(3)(a) — 1 case
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 407 (Ky. 1992).
“On August 22, 1992, South East Coal Company filed a motion requesting this Court to stay its proceedings pending a decision by United States District Judge Hood on South East Coal Company's cross-claim against the Supreme Court of Kentucky in federal court. As to South East Coal…”
— Ky. Rev. Stat. § 26A.015(a) — 1 case
Minks v. Commonwealth, 427 S.W.3d 802 (Ky. 2014).
“§ 455 (a), is substantially similar to KRS 26A.015 and Canon 3E(1), providing that, “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which *807 his impartiality might reasonably be questioned.”
Annotations are extracted automatically from the opinions in the
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