(1) In a proceeding for impeachment or removal by address, if the committee reports against the petition and the report is not overruled by the house petitioned, the petitioner shall be liable to witnesses and to the accused for the costs of investigation before the committee. These costs shall be taxed by the clerk of the house appointing the committee.
(2) In an impeachment proceeding prosecuted before the Senate, if the accused is acquitted the petitioner shall pay the costs of the accused; and if the accused is convicted, he shall pay the petitioner the costs incurred in behalf of the prosecution. Costs mentioned in this subsection shall be taxed by the clerk of the Senate.
(3) Costs taxed pursuant to this section may be recovered on motion, after five (5) days' notice, in a Circuit Court. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 22, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2172, 2174.
Notes of Decisions
Cited in
4
cases (
4 in the last 5 years), 2021–2022 · leading case:
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Nov. 9, 2022).
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Nov. 9, 2022).
· cites it 36× “award these costs pursuant to KRS 63.070, and to order the remaining [Beshear] Petitioners to reimburse the Commonwealth for these expenses.”
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Dec. 20, 2021).
· cites it 29× “Instead, if that citizen’s petition is unsuccessful, he is deemed “liable to witnesses and to the accused for the costs” of having sought impeachment.”
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Mar. 16, 2021).
· cites it 9× “On March 3, 2021, Governor Beshear “submitted a cost bill application to the Impeachment Committee,” which stated that “[t]he Governor respectfully requests the Committee to award these costs pursuant to KRS 63.070, and to other the remaining Petitioners to reimburse the…”
Glowgower v. Bybee-Fields, No. 3:21-cv-00012, 2022 WL 4042412 (E.D. Ky. Sept. 2, 2022).
· cites it 4× “At the onset, Plaintiffs filed an emergency motion for a temporary restraining order to block the Chief Clerk from taxing costs and fees during the pendency of this action and moved for a preliminary injunction to prevent her from enforcing KRS § 63.070. [R. 3]. The Court denied…”
Ky. Rev. Stat. § 63.070(1): 3 cases
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Dec. 20, 2021).
“Instead, if that citizen’s petition is unsuccessful, he is deemed “liable to witnesses and to the accused for the costs” of having sought impeachment.”
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Mar. 16, 2021).
“On March 3, 2021, Governor Beshear “submitted a cost bill application to the Impeachment Committee,” which stated that “[t]he Governor respectfully requests the Committee to award these costs pursuant to KRS 63.070, and to other the remaining Petitioners to reimburse the…”
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Nov. 9, 2022).
“award these costs pursuant to KRS 63.070, and to order the remaining [Beshear] Petitioners to reimburse the Commonwealth for these expenses.”
Ky. Rev. Stat. § 63.070(c): 2 cases
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Dec. 20, 2021).
“Instead, if that citizen’s petition is unsuccessful, he is deemed “liable to witnesses and to the accused for the costs” of having sought impeachment.”
Glowgower v. Bybee-Fields, No. 3:21-cv-00012 (E.D. Ky. Mar. 16, 2021).
“On March 3, 2021, Governor Beshear “submitted a cost bill application to the Impeachment Committee,” which stated that “[t]he Governor respectfully requests the Committee to award these costs pursuant to KRS 63.070, and to other the remaining Petitioners to reimburse the…”
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