Ky. Rev. Stat. » Chapter 26A

Ky. Rev. Stat. § 26A.020

Designation of retired justice or judge as special judge

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(1) When, from any cause, a judge of any Circuit or District Court fails to attend, or being in attendance cannot properly preside in an action pending in the court, or if a vacancy occurs or exists in the office of circuit or district judge, the circuit clerk shall at once certify the facts to the Chief Justice who shall immediately designate a regular or retired justice or judge of the Court of Justice as special judge. If either party files with the circuit clerk his affidavit that the judge will not afford him a fair and impartial trial, or will not impartially decide an application for a change of venue, the circuit clerk shall at once certify the facts to the Chief Justice who shall immediately review the facts and determine whether to designate a regular or retired justice or judge of the Court of Justice as special judge. Any special judge so selected shall have all the powers and responsibilities of a regular judge of the court. (2) A retired justice or judge serving as a special judge shall be compensated as provided by KRS 21A.110. History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 5.

Notes of Decisions
Cited in 48 cases (17 in the last 5 years), 1978–2026 · leading case: Shafizadeh v. Shafizadeh
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Shafizadeh v. Shafizadeh (2012) kyctapp · cites it 9× ““[A] party or counsel may seek to disqualify or recuse a judge from proceeding further in a matter either by filing an affidavit pursuant to KRS 26A.020, by filing a motion -with the judge pursuant to KRS 26A.”
Sanders v. Commonwealth (2011) ky · cites it 6× “Appellant also alleges that he did not learn of Judge Payne’s assignment to preside over the proceeding until the judge had issued his decision in the case, thereby depriving Appellant of an opportunity to challenge the appointment pursuant to KRS 26A.020(1). On October 10,…”
Foster v. Overstreet (1995) ky · cites it 9× “The Petitioner then filed this petition for a writ of mandamus in the Court of Appeals, a request for a transfer of this petition to the Kentucky Supreme Court, and an affidavit pursuant to KRS 26A.020(1). Petitioner raises three issues before this Court.”
Kuprion v. Fitzgerald (1994) ky · cites it 4× “She also argues that the Chief Justice may not use Section 110(5)(b) to appoint a district judge as a temporary special circuit judge in order to hear dissolution actions under the authority of the Jefferson Family Court project because KRS 26A.020 provides in part what is to…”
Kenney v. Hanger Prosthetics & Orthotics, Inc. (2007) kyctapp · cites it 3× “As the Kentucky Supreme Court has explained, a party or counsel may seek to disqualify or recuse a judge from proceeding further in a matter either by filing an affidavit pursuant to KRS 26A.020, by filing a motion with the judge pursuant to KRS 26A.”
Hodge v. Commonwealth (2002) ky · cites it 2× “Pursuant to KRS 26A.020, Epperson and Hodge then moved this Court for Judge Wright's recusal on grounds that his employment of Craft's son and his former romantic involvement with Combs prevented him from rendering an unbiased decision on their RCr 11.”
Regency Pheasant Run Ltd. v. Karem (1993) ky · cites it 6× “Pursuant to KRS 26A.020 and SCR 1.040, on February 2, 1993, an order was entered temporarily assigning Judge Karem as a Special Circuit Judge in order to preside over nine cases on February 3, 1993.”
Butcher v. Commonwealth (2002) ky · cites it 2× “" The trial court found that Appellant's affidavit was insufficient to require recusal pursuant to KRS 26A.020(1). We agree. Appellant's affidavit to recuse the trial judge focused on the relationship between the deceased wife of the trial judge and the prosecutor.”
Lindsey v. Bd. of Trs. of the Univ. of Ky. (2018) kyctapp · cites it 4× “Lindsey next filed an affidavit pursuant to KRS 26A.020 to the Chief Justice of the Supreme Court of Kentucky, seeking recusal and the appointment of a special judge.”
Diaz v. Barker (2008) kyctapp · cites it 4× “KRS 26A.020(1) separately provides that if a party “files with the circuit clerk his affidavit that the judge will not afford him a fair and impartial trial, .”
Jacobs v. Commonwealth (1997) kyctapp · cites it 3× “§ 110 and § 112(4); KRS 26A.020(1). While error unquestionably occurred in the appointment of Judge Hogg, Jacobs is raising this argument for the first time on appeal.”
Cox v. Braden (2008) ky “Moreover, while Appellants are correct that a properly assigned special judge has “all the powers and responsibilities of a regular judge of the court,” KRS 26A.020, their argument ignores the fact that Judge Winchester simply was no longer assigned to their case and that those…”
Show all 48 citing cases →
— Ky. Rev. Stat. § 26A.020(1) — 25 cases
Sanders v. Commonwealth (2011) ky “Appellant also alleges that he did not learn of Judge Payne’s assignment to preside over the proceeding until the judge had issued his decision in the case, thereby depriving Appellant of an opportunity to challenge the appointment pursuant to KRS 26A.020(1). On October 10,…”
Foster v. Overstreet (1995) ky “The Petitioner then filed this petition for a writ of mandamus in the Court of Appeals, a request for a transfer of this petition to the Kentucky Supreme Court, and an affidavit pursuant to KRS 26A.020(1). Petitioner raises three issues before this Court.”
Shafizadeh v. Shafizadeh (2012) kyctapp ““[A] party or counsel may seek to disqualify or recuse a judge from proceeding further in a matter either by filing an affidavit pursuant to KRS 26A.020, by filing a motion -with the judge pursuant to KRS 26A.”
Butcher v. Commonwealth (2002) ky “" The trial court found that Appellant's affidavit was insufficient to require recusal pursuant to KRS 26A.020(1). We agree. Appellant's affidavit to recuse the trial judge focused on the relationship between the deceased wife of the trial judge and the prosecutor.”
Diaz v. Barker (2008) kyctapp “KRS 26A.020(1) separately provides that if a party “files with the circuit clerk his affidavit that the judge will not afford him a fair and impartial trial, .”
— Ky. Rev. Stat. § 26A.020(2) — 1 case
Regency Pheasant Run Ltd. v. Karem (1993) ky “Pursuant to KRS 26A.020 and SCR 1.040, on February 2, 1993, an order was entered temporarily assigning Judge Karem as a Special Circuit Judge in order to preside over nine cases on February 3, 1993.”
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