-- Notice to Legislative Research Commission -- Consent to suit required for
certain actions involving legislative branch.
When declaratory relief is sought, all persons shall be made parties who have or claim
any interest which would be affected by the declaration, and no declaration shall
prejudice the rights of persons not parties to the proceeding.
(1) In any proceeding which involves the validity of a statute, the Attorney General of
the state shall, before judgment is entered, be served with a copy of the petition, and
shall be entitled to be heard, and if the ordinance or franchise is alleged to be
unconstitutional, the Attorney General of the state shall also be served with a copy
of the petition and be entitled to be heard.
(2) In any appeal to the Kentucky Court of Appeals or Supreme Court or the federal
appellate courts in any forum which involves the constitutional validity of a statute,
the Attorney General shall, before the filing of the appellant's brief, be served with a
copy of the pleading, paper, or other documents which initiate the appeal in the
appellate forum. This notice shall specify the challenged statute and the nature of
the alleged constitutional defect.
(3) The Attorney General shall notify the Legislative Research Commission of:
(a) The receipt of a petition and the nature of any proceedings involving the
validity of a statute; and
(b) The entering of a final judgment in those proceedings, if the Attorney General
is a party to that action.
(4) Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of the
General Assembly, organizations within the legislative branch of state government,
or officers or employees of the legislative branch shall not be made parties to any
action challenging the constitutionality or validity of any statute or regulation,
without the consent of the member, organization, or officer or employee.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 152, sec. 1, effective June 24, 2003. -- Amended
1996 Ky. Acts ch. 202, sec. 2, effective July 15, 1996. -- Transferred 1952 Ky. Acts
ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-9. -- Created 1922 Ky.
Acts ch. 83, sec. 9.
Notes of Decisions
Maney v. Mary Chiles Hosp., 785 S.W.2d 480 (Ky. 1990).
· cites it 30× “Declining to reach the constitutional issue on the merits, the Court of Appeals majority held that appellant's failure to give notice to the Attorney General of the constitutional challenge raised in the trial court was fatal to the appeal as being in violation of KRS 418.075…”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
· cites it 11× “” 10 We have made plain that strict compliance with the notification provisions of KRS 418.075 is mandatory[,] 11 meaning that even in criminal cases, we have refused to address arguments that a statute is unconstitutional unless the notice provisions of KRS 418.”
Preston v. Johnson Cnty. Fiscal Court, 27 S.W.3d 790 (Ky. 2000).
· cites it 40× “KRS 418.075 requires that the Attorney General be notified in cases such as the one before us where the plaintiff seeks declaratory relief: When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the…”
Commonwealth v. Kentucky Ret. Sys., 396 S.W.3d 833 (Ky. 2013).
· cites it 7× “Retirement Systems argued in its appellate brief that the Commonwealth is necessary as a separate party because it has an interest that would be affected by the litigation, as required by KRS 418.075, and that the Commonwealth is a proper party to a declaratory judgment action.”
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003).
· cites it 6× “2d 480, 482 (1990) ("It is our view that KRS 418.075 is mandatory and that strict enforcement of the statute will eliminate the procedural uncertainty.”
Delahanty v. Commonwealth, 558 S.W.3d 489 (Ky. Ct. App. 2018).
· cites it 5× “03, which states: "When the constitutionality of an act of the General Assembly affecting the public interest is drawn into question in any action, the movant shall serve a copy of the pleading, motion or other paper first raising the challenge upon the Attorney General.”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
· cites it 4× “1990) (KRS 418.075 is mandatory and will be strictly enforced); Jacobs v.”
Withers v. Univ. of Kentucky, 939 S.W.2d 340 (Ky. 1997).
· cites it 4× “073 as it appears to be unpreserved by failure to include such issue on their pre-hearing statement and failure to give notice to the Attorney General as required by KRS 418.075 and Maney v. Mary Chiles Hospital, Ky.”
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010).
· cites it 4× “[4] Before we address the merits of Appellants' argument, we will address the Commonwealth's claim that the issue was not preserved because the Attorney General received no notice of this constitutional challenge as required by KRS 418.075. The trial court addressed the…”
Kessler v. Switzer, 289 S.W.3d 228 (Ky. Ct. App. 2009).
· cites it 8× “KRS 418.075 provides: (1) In any proceeding which involves the validity of a statute, the Attorney General of the state shall, before judgment is entered, be served with a copy of the petition, and shall be entitled to be heard, and if the ordinance or franchise is alleged to be…”
— Ky. Rev. Stat. § 418.075(1) — 44 cases
Delahanty v. Commonwealth, 558 S.W.3d 489 (Ky. Ct. App. 2018).
“03, which states: "When the constitutionality of an act of the General Assembly affecting the public interest is drawn into question in any action, the movant shall serve a copy of the pleading, motion or other paper first raising the challenge upon the Attorney General.”
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003).
“2d 480, 482 (1990) ("It is our view that KRS 418.075 is mandatory and that strict enforcement of the statute will eliminate the procedural uncertainty.”
Hayes v. Commonwealth, 175 S.W.3d 574 (Ky. 2005).
“1990) (KRS 418.075 is mandatory and will be strictly enforced); Jacobs v.”
Preston v. Johnson Cnty. Fiscal Court, 27 S.W.3d 790 (Ky. 2000).
“KRS 418.075 requires that the Attorney General be notified in cases such as the one before us where the plaintiff seeks declaratory relief: When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the…”
— Ky. Rev. Stat. § 418.075(2) — 15 cases
Preston v. Johnson Cnty. Fiscal Court, 27 S.W.3d 790 (Ky. 2000).
“KRS 418.075 requires that the Attorney General be notified in cases such as the one before us where the plaintiff seeks declaratory relief: When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the…”
— Ky. Rev. Stat. § 418.075(4) — 1 case
Commonwealth v. Kentucky Ret. Sys., 396 S.W.3d 833 (Ky. 2013).
“Retirement Systems argued in its appellate brief that the Commonwealth is necessary as a separate party because it has an interest that would be affected by the litigation, as required by KRS 418.075, and that the Commonwealth is a proper party to a declaratory judgment action.”
— Ky. Rev. Stat. § 418.075(l) — 1 case
Stewart v. Est. of Cooper, 102 S.W.3d 913 (Ky. 2003).
“2d 480, 482 (1990) ("It is our view that KRS 418.075 is mandatory and that strict enforcement of the statute will eliminate the procedural uncertainty.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.