(1) County judges/executive, justices of the peace, sheriffs, coroners, surveyors, jailers,
county attorneys, and constables may be indicted in the county in which they reside
for misfeasance or malfeasance in office, or willful neglect in the discharge of
official duties, and if convicted they shall be fined not less than one hundred ($100)
nor more than one thousand dollars ($1,000), and the judgment of conviction shall
declare the office held by such person vacant.
(2) Any sheriff, deputy sheriff, policeman, or other peace officer who fails to enforce
any provision of KRS Chapter 242 after receiving information of a violation
thereof, or having knowledge of a violation thereof and failing to act thereon, may
be indicted for nonfeasance or malfeasance in office, and if convicted shall be fined
not less than fifty ($50) nor more than two hundred dollars ($200), and the
judgment of conviction shall declare the office held by such person vacant.
(3) In the absence of good cause shown, a member of the fiscal court who fails to attend
fifty percent (50%) of the regular terms of the fiscal court within a six (6) month
period or who fails to attend two (2) consecutive terms of the fiscal court shall be
charged with neglect of office and upon conviction shall forfeit his office.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 121, sec. 32, effective July 15, 1998. -- Amended
1988 Ky. Acts ch. 328, sec. 2, effective July 15, 1988. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-31, 3748.
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1946–2023 · leading case:
Woodward v. Commonwealth, 984 S.W.2d 477 (Ky. 1999).
Woodward v. Commonwealth, 984 S.W.2d 477 (Ky. 1999).
· cites it 2× “Woodward argues that the trial court erred by excluding evidence that a conviction would result in his removal from office. Thus, he maintains that he was denied the right to impeach witnesses by showing their motive for testifying against him.”
Catron v. Jasper, 198 S.W.2d 322 (Ky. Ct. App. 1946).
· cites it 2× “” Subsection (2) of section 61.170, KRS, prescribes that: “Any sheriff, deputy sheriff, policeman or other peace officer who fails to enforce any provision of KRS 242.”
Bailey v. Commonwealth, 790 S.W.2d 233 (Ky. 1990).
· cites it 3× “A jury convicted movant, a former county judge executive of Logan County, of malfeasance (KRS 61.170), and official misconduct in the first degree (KRS 522.”
Donta v. Commonwealth, 858 S.W.2d 719 (Ky. Ct. App. 1993).
“Thus, the offense with which appellant was charged does not entitle him to the protections afforded by Section 7 of the Kentucky Constitution and RCr 9.”
Shearer v. Hall, 399 S.W.2d 701 (Ky. Ct. App. 1965).
“” In addition to the foregoing statutes relative to the duties of defendants, section 227 of the Constitution of Kentucky provides: “Judges of the County Court, Justices of the Peace, * * * shall be subject to indictment or prosecution for misfeasance or malfeasance in office,…”
Woodward v. Commonwealth, 949 S.W.2d 599 (Ky. 1997).
· cites it 2× “Appellant was given a $500 fine on each count and the office of county judge executive was declared vacant, pursuant to KRS 61.170(1). Appellant filed an appeal in the Hopkins Circuit Court pursuant to the terms of KRS 23A.”
Fannin v. Commonwealth, 331 S.W.2d 726 (Ky. Ct. App. 1960).
“See KRS 61.170(1). He was at the time the duly elected and acting Justice of the Peace of the Second Magisterial District of Boyd County.”
Wells v. Commonwealth, 329 S.W.2d 210 (Ky. Ct. App. 1959).
“KRS 61.170 and Criminal Code of Practice, Section 292.”
Hughes v. Ramey, 203 S.W.2d 63 (Ky. Ct. App. 1947).
“KRS 61.170, 70.020, 70.040, 124.110. The judgment is affirmed.”
Middleton v. Lewis (E.D. Ky. 2020).
· cites it 2× “KRS § 61.170; see also KRS § 522.020. To the extent that Plaintiff seeks to enforce criminal malfeasance, this cause of action must be dismissed because a private citizen cannot bring a criminal action.”
Knowlton v. Godair (W.D. Ky. 2023).
“Malfeasance of a public official and neglect of duty Plaintiff’s complaint refers to “malfeasance of a public official” and “neglect of duty.”
Whitaker v. Commonwealth, 487 S.W.2d 901 (Ky. Ct. App. 1972).
· cites it 4× “Arnold “Grapevine” Whitaker, jailer of Perry County, Kentucky, was indicted by the grand jury for violation of KRS 61.170 (malfeasance or neglect in office) and KRS 432.”
— Ky. Rev. Stat. § 61.170(1) — 5 cases
Woodward v. Commonwealth, 984 S.W.2d 477 (Ky. 1999).
“Woodward argues that the trial court erred by excluding evidence that a conviction would result in his removal from office. Thus, he maintains that he was denied the right to impeach witnesses by showing their motive for testifying against him.”
Woodward v. Commonwealth, 949 S.W.2d 599 (Ky. 1997).
“Appellant was given a $500 fine on each count and the office of county judge executive was declared vacant, pursuant to KRS 61.170(1). Appellant filed an appeal in the Hopkins Circuit Court pursuant to the terms of KRS 23A.”
Fannin v. Commonwealth, 331 S.W.2d 726 (Ky. Ct. App. 1960).
“See KRS 61.170(1). He was at the time the duly elected and acting Justice of the Peace of the Second Magisterial District of Boyd County.”
Knowlton v. Godair (W.D. Ky. 2023).
“Malfeasance of a public official and neglect of duty Plaintiff’s complaint refers to “malfeasance of a public official” and “neglect of duty.”
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treatment. Dots show Syfertize treatment of the citing case itself.