Ky. Sup. Ct. Order 2021-33 § 2

Qualifications

(1) A master commissioner may be appointed for each county within a judicial

circuit.

(a) In a single-judge circuit the appointment shall be made by the circuit

judge.

(b) In judicial circuits with more than one judge the master commissioner

shall be chosen by a majority of the circuit judges. In the event of a tie,

the chief circuit judge shall choose from those receiving the tie vote.

(c) The circuit judge in a single-judge circuit or the chief circuit judge in a

judicial circuit with more than one judge shall enter an order appointing

the master commissioner for the term of office, and shall file a copy of

the Order of Appointment with the Clerk of the Supreme Court and with

the Administrative Office of the Courts, Department of Financial

Services.

(2) The master commissioner shall serve at the pleasure of the judge(s) of the

circuit court, but in no case shall his or her term exceed four years without

reappointment.

(a) In a single-judge circuit the term of the master commissioner shall

automatically terminate following the death, resignation, or permanent

replacement of the circuit judge who appointed the master

commissioner.

(b) In a judicial circuit with more than one judge the master commissioner

may be removed at any time by a majority vote of the circuit judges. In

the event of a tie, the decision shall be made by the chief circuit judge.

(3) The master commissioner shall be compensated by fees as provided in

Sections 8 and 9 herein. The circuit court may allow the master commissioner

a reasonable fee for acting as receiver of the court, for executing documents

pursuant to court order, for performing such other functions as ordered by the

court, and for performing judicial type functions in actions where the master

commissioner does not execute a judicial sale.

(4) The master commissioner shall maintain his or her office at such locations

and during such hours as the chief circuit judge shall direct.

(5) The master commissioner shall perform such functions, including those of a

receiver, as may be directed by an appropriate order of the court.

(6) Upon the express written authority of the Administrative Office of the

Courts on behalf of the Chief Justice, the master commissioner may have such

deputies and clerical staff as are necessary to perform the functions of his or

her office.

(7) A master commissioner or deputy master commissioner shall hold no other

public office of the Court of Justice except that of trial commissioner for the

district court pursuant to SCR 5.010, or domestic relations commissioner as

approved by the Chief Justice.

(8) Master commissioners and deputy master commissioners shall be qualified

as licensed attorneys in good standing with the Kentucky Bar Association.

(9) The Administrative Office of the Courts, Department of Financial Services

shall have the authority to establish accounting standards, prescribe

bookkeeping and accounting practices and procedures, and oversee the

financial accounts of master commissioners.

(10) The Administrative Office of the Courts, Office of Audits shall have the

authority to establish audit standards, and to otherwise perform audits of

master commissioners. A copy of any audit report shall be submitted by the

Administrative Office of the Courts, Office of Audits to the chief circuit judge.

(a) In the event that the audit reveals a serious or recurring bookkeeping,

accounting, procedural or other irregularity, a copy shall also be

submitted to the Chief Justice and the Director of the Administrative

Office of the Courts.

(b) After reviewing the audit report, the Chief Justice may refer the master

commissioner to the judge(s) of the circuit court for removal.

(11) A non-refundable judicial sale administrative fee of $200 shall be added to

all cases referred to the master commissioner for judicial sale. The circuit court

clerk shall collect the administrative fee at the time the referral is made, prior

to processing the motion for judgment and distributing the order of sale. The

fee shall be collected prior to the master commissioner undertaking the order of

sale. The circuit court clerk shall promptly remit all fee monies collected to the

Administrative Office of the Courts. Judicial sale administrative fee money is to

be placed in a special account designated to cover the administrative costs of

the master commissioner program. These costs include, but are not limited to,

all necessary bonding of master commissioners and the employment of

sufficient staff to conduct audits of master commissioner offices statewide. To

whatever extent total judicial sale administrative fees collected do not fully

cover these expenses, funds may be deducted from the excess fees master

commissioners submit to the Administrative Office of the Courts with their

mandatory annual accounting report.