Ky. Sup. Ct. Order 2021-33 § 13

Disqualification of Master Commissioner; Special

Commissioners.

(1) For the purposes of this section the following words or phrases shall have

the meaning indicated:

(a) "Fiduciary" includes such relationships as executor, administrator,

conservator, trustee, and guardian;

(b) "Financial interest" means ownership of a legal or equitable interest,

however small, or a relationship as director, advisor, or other active

participant in the affairs of a party, except that:

i. Ownership in a mutual or common investment fund that holds

securities, or a proprietary interest of a policyholder in a mutual

insurance company, of a depositor in a mutual savings

association, or a similar proprietary interest, or ownership of

government securities is a "financial interest" only if the

outcome of the proceeding could substantially affect the value of

the interest;

ii. An office in an educational, religious, charitable, fraternal, or

civic organization is not a "financial interest" in securities held

by the organization.

(2) When performing judicial functions, any master commissioner shall

disqualify him/herself in any case:

(a) Where he or she has a personal bias or prejudice concerning a party, or

personal knowledge of disputed evidentiary facts concerning the case, or

has expressed an opinion concerning the merits of same;

(b) Where in private practice or government service he or she served as a

lawyer or rendered a legal opinion in the matter in controversy, or a

lawyer with whom he or she previously practiced law served during such

association as a lawyer concerning the matter in controversy, or the

master commissioner or such lawyer has been a material witness

concerning the matter in controversy;

(c) Where he or she knows, individually or as a fiduciary, or his or her

spouse or minor child residing in his or her household, has a pecuniary

or proprietary interest in the subject matter in controversy or in a party

to the proceeding;

(d) Where the master commissioner or his or her spouse, or a person within

the third degree of relationship to either of them, or the spouse of such a

person:

i. Is a party to the proceeding, or an officer, director, or trustee of

a party;

ii. Is acting as a lawyer in the proceeding and the disqualification

is not waived by stipulation of counsel in the proceeding filed

therein;

iii. Is known by the master commissioner to have an interest that

could be substantially affected by the outcome of the

proceeding;

iv. Is to the knowledge of the master commissioner likely to be a

material witness in the proceeding.

(e) Where he or she has knowledge of any other circumstances in which his

or her impartiality might reasonably be questioned.

(3) Any master commissioner disqualified under the provisions of this section

or unable to discharge the duties of his or her office for any other reason shall

be replaced by a special commissioner who shall be appointed by the judge of

the court before whom the action is pending.

(a) The judge shall enter an order appointing the special master

commissioner and shall provide a copy of the order to the Administrative

Office of the Courts, Department of Financial Services.

(b) The special commissioner shall meet the same qualifications as a master

commissioner and shall take an oath, execute a bond in an amount to be

set by the chief circuit judge based upon the estimated sum to be derived

from the proceedings, and be subject to the same rules as the regular

master commissioner.