administrative control of Chief Justice.
(1) For the purpose of KRS 30A.010 to 30A.190, "clerk" means the Circuit Court clerk serving in his capacity as clerk of both the Circuit Court and the District Court.
(2) As personnel within the Court of Justice, clerks are state officers whose duties are coextensive with the Commonwealth, and who are subject to the administrative control of the Chief Justice. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 1, effective January 2, 1978.
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1980–2026 · leading case:
Nanny v. Smith, 260 S.W.3d 815 (Ky. 2008).
Nanny v. Smith, 260 S.W.3d 815 (Ky. 2008).
“KRS 30A.010(2). Because Nanny had neither the power nor the duty to ensure that the clerk perform official duties, she was prevented by circumstances beyond her control from having the summons issued in time.”
Commonwealth v. Bertram, 596 S.W.2d 379 (Ky. Ct. App. 1980).
“KRS 30A.010. This statute does nothing to alter such relationship.”
Court of Just. ex rel. Admin. Off. of the Courts v. Oney, 34 S.W.3d 814 (Ky. Ct. App. 2000).
· cites it 2× “However, in our view, an analysis of the duties of a deputy circuit clerk is not necessary because the circuit clerk is undisputedly a state officer under KRS 30A.010(2). Section 165 of the Kentucky Constitution, as well as KRS 61.”
Pascoe v. Cabressa (W.D. Ky. 2023).
· cites it 2× “58, 71 (1989); see also KRS § 30A.010(2) (“clerks are state officers whose duties are coextensive with the Commonwealth”).”
Nichols v. Spalding (W.D. Ky. 2024).
· cites it 2× “June 20, 2023) (circuit court clerks “are state officers whose duties are coextensive with the Commonwealth”) (quoting KRS § 30A.010(2)). State officials sued in their official capacities for money damages are not “persons” subject to suit under § 1983.”
McIlwain (W.D. Ky. 2026).
· cites it 2× “” Ky. Rev. Stat. § 30A.010. “A state, its agencies, and its officials are not “persons” subject to suit under § 1983.”
Clemans v. Scarborough (W.D. Ky. 2024).
“Official-Capacity Claim As to Plaintiff’s official-capacity claim against Lindsay, Kentucky circuit court clerks “are state officers whose duties are coextensive with the Commonwealth .”
Ky. Rev. Stat. § 30A.010(2): 6 cases
Nanny v. Smith, 260 S.W.3d 815 (Ky. 2008).
“KRS 30A.010(2). Because Nanny had neither the power nor the duty to ensure that the clerk perform official duties, she was prevented by circumstances beyond her control from having the summons issued in time.”
Court of Just. ex rel. Admin. Off. of the Courts v. Oney, 34 S.W.3d 814 (Ky. Ct. App. 2000).
“However, in our view, an analysis of the duties of a deputy circuit clerk is not necessary because the circuit clerk is undisputedly a state officer under KRS 30A.010(2). Section 165 of the Kentucky Constitution, as well as KRS 61.”
Pascoe v. Cabressa (W.D. Ky. 2023).
“58, 71 (1989); see also KRS § 30A.010(2) (“clerks are state officers whose duties are coextensive with the Commonwealth”).”
Nichols v. Spalding (W.D. Ky. 2024).
“June 20, 2023) (circuit court clerks “are state officers whose duties are coextensive with the Commonwealth”) (quoting KRS § 30A.010(2)). State officials sued in their official capacities for money damages are not “persons” subject to suit under § 1983.”
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