Compensation.
Whenever the Commonwealth's or county attorney is absent, the Chief Judge of the
appropriate court may appoint a suitable attorney to act as Commonwealth's or county
attorney during his absence to prosecute criminal cases in the respective court. Such pro
tem Commonwealth's or county attorney shall receive for his services the same
compensation which the regular Commonwealth's or county attorney would receive for
such criminal prosecutorial duties, on a proportional basis, to be paid out of the State
Treasury on certificate of the Circuit Court clerk. The judge shall not appoint an attorney
to act in the place of the Commonwealth's attorney unless he and the county attorney are
both absent, or are related to or counsel for the accused, except that in cases of felony the
judge may appoint a pro tem Commonwealth's attorney even though the county attorney
is present and not disqualified.
Effective: January 1, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 53, effective January 2,
1978; and ch. 17, sec. 25, effective January 1, 1978. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 120, 352.
Legislative Research Commission Note. This section was amended by two acts of the
1976 Extraordinary Session of the General Assembly which do not appear to be in
conflict. Although the two amendments were worded differently, since the substance
is the same, they have been compiled together.
Notes of Decisions
Coleman v. State (2008)
texcrimapp
“”); Ky.Rev.Stat. Ann. § 69.060 (LexisNexis 2007) ("Whenever the Commonwealth’s or county attorney is absent, the Chief Judge of the appropriate court may appoint a suitable attorney to act as Commonwealth’s or county attorney during his absence to prosecute criminal cases in the…”
Wells v. Miller, Com'r of Finance (1945)
kyctapphigh · cites it 9×
“He was absent from the State, and the Judge of the District, pursuant to KRS 69.060, appointed, by separate orders entered at each term, the Honorable Courtney C.”
Miller v. Robertson (1948)
kyctapphigh · cites it 6×
“KRS 69.060. It does not appear, however that such an appointment was made.”
Baker v. Dixon (1943)
kyctapphigh
“The exigencies of the situation are amply provided for in KRS 69.060, which recites : “If the Commonwealth’s attorney is absent at any term or part of a term of a circuit court, the circuit judge may appoint a suitable attorney to act as *286 Commonwealth’s attorney during his…”
Caudel v. Prewitt (1944)
kyctapphigh
“O’Rear in answer to one written by them in which there was enclosed a written unsigned resignation by plaintiff of his office of district Commonwealth’s Attorney, which he declined to sign, and suggested that Judge White, the presiding circuit judge of the district, should fill…”
Gibson Products Co. of Bowling Green, Ky. v. Lowe (1969)
kyctapphigh · cites it 2×
“In closing, I would point out that in this action it is sought to enjoin the duly elected and qualified Commonwealth's Attorney and County Attorney from prosecuting the indictments, but nothing appears to prevent the trial judge from appointing a pro tem Commonwealth's Attorney…”
Whitworth v. Miller (1946)
kyctapphigh
“Cubbage is entitled to the remuneration as provided in KRS 69.060, to-wit, $7 per day for each and every day during each term of circuit court in the district in which he was engaged in prosecuting felony cases and one-half of the forfeitures and fines the Commonwealth’s…”
Coleman, Thomas (2008)
texcrimapp
“"); Ky. Rev. Stat. Ann. § 69.060 (LexisNexis 2007) ("Whenever the Commonwealth's or county attorney is absent, the Chief Judge of the appropriate court may appoint a suitable attorney to act as Commonwealth's or county attorney during his absence to prosecute criminal cases in…”
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.