Ky. Sup. Ct. Order 2022-11 XXXVII

SCR 6.060 shall read:

The official records of the commission shall consist of a dated copy of

the call for nominations, the minutes of the commission’s meetings

and a copy of the letter of submittal from the Chief Justice to the

governor. The official records shall be destroyed eight years after the

commission’s meeting. All other records generated in connection with

the commission’s work shall be destroyed one year after the meeting.

XXXVIII. SCR 7.030 Nomination and election – Regular elections of bar

representatives to judicial nominating commissions

SCR 7.030 shall read:

1) Candidates for election as bar representatives to the judicial

nominating commission shall be nominated by the board or by

electronic petition as provided in these rules.

2) On or before August 1 of the years in which regular elections are to

be held under this rule the board shall by majority vote nominate

candidates for election to the various commissions as specified in

subsection 3 of this rule. The board shall immediately certify the

names of its nominees to the director. On or before September 1

the director shall post to the website of the Kentucky Bar

Association and send electronically to each member residing in the

Commonwealth of Kentucky a list or lists of the candidates

nominated.

3) a) For the commission for the Supreme Court and the Court of

Appeals the board shall nominate one (1) qualified member from

each appellate district. The director shall post to the website of

the Kentucky Bar Association and send electronically to each

member residing in the Commonwealth of Kentucky a list of the

candidates nominated.

b) For the commissions for each judicial circuit or district, the

board shall nominate two (2) qualified members. To the extent

practicable, in multi-county circuits or districts, the board shall

nominate candidates from different counties in the circuit. The

director shall post to the website of the Kentucky Bar

Association and send electronically to each member residing in

the circuit or district a list of the candidates nominated.

c) Lists of the board’s nominees for election to the various

commissions may be combined as one list and may be included

in one publication of names.

4) Any other qualified member may file an electronic petition for

candidacy for the commission for the Supreme Court and the

Court of Appeals, or may file an electronic petition for candidacy

for the commission for a judicial circuit or district. In the petition,

the member shall state that he or she does not hold any other

public office or any office in a political party or organization. All

such petitions shall be electronically filed on or before September

15 of the year in which the regular election for members of the

commissions is to be held. The director shall acknowledge receipt

of each candidate’s petition. All petitions shall be considered public

records and shall be available for inspection at reasonable hours.

5) On or before September 30, the director shall post to the website of

the Kentucky Bar Association and send electronically to each

member residing in the Commonwealth of Kentucky a list or lists

of the candidates, including those nominated by the board and

those nominated by petition.

6) The eligibility of a candidate in a regular election may be

challenged by any member entitled to vote in the election of the

commission for which the challenged party is a candidate. Such

challenge shall be sent electronically to the director, with a copy to

the challenged party or parties, on or before October 15 of the year

in which the election is to be held. It shall be summarily heard by

a hearing committee consisting of three (3) disinterested members

appointed by the president. The parties shall be entitled to appear

in person or by or with counsel. The hearing shall be held and a

final decision rendered in writing on or before October 25. The

party or parties aggrieved by such decision may appeal to the

Supreme Court by a petition for review filed with the clerk of that

court on or before November 1 and certifying that a copy has been

served on the adversary party or parties. The matter shall be

summarily heard and determined as ordered by the court.

7) All voting for the regular election of bar representatives to the

judicial nominating commissions shall be conducted electronically.

On or before November 1, the director shall post to the website of

the Kentucky Bar Association and send electronically to each

member residing in the Commonwealth of Kentucky a list or lists

of the candidates, including those nominated by the board and

those nominated by petition, excluding those who have been

subjected to a successful challenge. Members may only cast two

votes for candidates for the judicial nominating commission for the

Court of Appeals and Supreme Court and two votes for the judicial

nominating commission for the circuit or district in which they

reside.

8) Following the close of voting, the electronic ballots will be tallied,

and a report of the results will be generated to the director. The

two (2) candidates for each commission receiving the highest

number of votes shall be elected. If two (2) or more candidates are

found to have received an equal number of votes, the election shall

be fairly determined by random draw under the supervision of and

in the presence of the director.

9) The director shall immediately certify the results of the election to

the Chief Justice and promptly notify each candidate of the results

of the election.

10) The results of the election will be posted to the website of the

Kentucky Bar Association and sent electronically to each member

residing in the Commonwealth of Kentucky.

11) On or before December 10 following the election any defeated

candidate may contest the election of his successful opponent or

opponents. Such contest shall be by written petition to the

Supreme Court stating the grounds of contest and certifying that a

copy has been served on the adversary party or parties. The matter

shall be summarily heard and determined in such manner, and

relief granted or denied upon such grounds, as the court shall

deem fair and equitable.

12) As soon as practicable after the election the director shall certify

to the Supreme Court for its approval an itemization of all costs

incurred in the election of members to the commission. Upon its

approval of such costs the court shall order payment to the

association out of the state treasury.

XXXIX. SCR 7.040 Special elections

SCR 7.040 shall read:

Whenever a vacancy occurs in the office of bar representative to a

judicial nominating commission for any reason other than the

expiration of a term, the Chief Justice shall appoint a successor from

a list of nominees chosen by the board. The successor shall serve

until the expiration of the regular term of office. If a vacancy occurs in

the office of bar representative to a judicial nominating commission

less than 30 days before the next regular election, there shall be no

appointment of a successor to fill the unexpired term.

This Order shall be effective April 1, 2022, and until further Orders of

this Court.

All sitting; all concur.

Entered this 11th day of March 2022.

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CHIEF JUSTICE