Ky. Sup. Ct. Order 2023-13

Supreme Court of Kentucky

2023-13

ORDER

In Re: Order Amending the Supreme Court Rules

The following amendments to the Supreme Court Rules shall be effective

June 1, 2023:

SCR 1.060 shall read:

SCR 1.060 Circuit Court Clerks

(1) Pursuant to Section 100 of the Constitution of Kentucky no person shall

be eligible to seek the office of circuit court clerk unless he shall have

procured from a judge of the Court of Appeals, or a judge of the circuit

court, a certificate that he has been examined by the clerk of his court

under his supervision, and that he is qualified for the office for which he

is a candidate.

(2) No such certificate shall be issued to any person unless that person has

received a passing grade of 70% or more on a standard examination to be

prepared and administered by the Administrative Office of the Courts.

(a) The examination shall be scheduled by the Administrative Office of

the Courts and be comprised of 150 questions.

(b) Questions shall be derived from the following sources:

(i) 75 from the Circuit Court Clerks’ Manual;

(ii) 45 from the Circuit Court Clerks’ Accounting Manual;

(iii) 30 from the Personnel Policies of the Court of Justice and

the Code of Conduct for Circuit Court Clerks.

(c) The Administrative Office of the Courts shall conduct an annual

review of all examination questions to ensure they are current.

(d) Each examinee will be given three hours to complete the examination.

Use of study guides, smart watches, smart phones or any other

electronic device is not permitted during the examination. A calculator

shall be provided by the AOC upon request.

(e) The Administrative Office of the Courts may elect to contract for any

or all of the following services related to administration of the

examination:

(i) Creating test questions;

(ii) Proctoring the examination.

(f) Each examination shall be graded and verified. Scores shall be

rounded to the nearest whole number.

(3) The examination shall be given once not less than 30 days nor more than

60 days before the deadline for filing for election in the year in which

circuit court clerks are elected. No person shall be eligible to appear on

any election ballot for the office for circuit court clerk who has not

successfully completed an examination and been so certified, except no

incumbent circuit court clerk shall be required to be re-certified.

(a) Notice of the examination shall be given to statewide media no less

than 60 days before the date of the examination.

(b) The Administrative Office of the Courts shall publish information

about the examination on its website.

(4) Examinees may register by completing a registration form to be

prescribed by the Administrative Office of the Courts and furnishing a

copy of a photo ID.

(a) Registrations must be received prior to the deadline established by the

Administrative Office of the Courts.

(b) The Administrative Office of the Courts or designee must provide

reasonable and appropriate accommodations in accordance with the

Americans with Disabilities Act for individuals with documented

disabilities or a medical condition who demonstrate a need for

accommodations and request accommodations on the registration

form.

(c) Examinees must check-in to take the examination and must provide a

matching photo ID.

(5) Results may be communicated individually to each examinee or by

posting on the Kentucky Court of Justice website.

(a) A list of passing examinees shall be forwarded to the Secretary of

State and the local county clerk.

(b) Upon written request, raw scores will be provided to examinees who

receive a failing score.

(6) In the event of a vacancy in the office of circuit court clerk, a special

examination shall be prepared by the Administrative Office of the Courts

to be administered to such person or persons designated by the chief

circuit judge responsible for filling the vacancy by appointment, and to

be administered to prospective candidates for election to fill the

unexpired term.

(a) The special examination may be given up to 30 days prior to the

anticipated date of the vacancy.

(b) Upon request of the chief circuit judge, the Administrative Office of

the Courts may re-administer an examination up to three times after

failure of an examinee designated by the chief circuit judge.

(c) If the special examination has not been given or an appointment order

is not received on or before the date the vacancy occurs, the Chief

Justice shall assign a special circuit court clerk under Kentucky

Revised Statutes (KRS) 30A.180.

(d) If the deadline to file for election occurs before the special examination

has been administered, the Administrative Office of the Courts may,

upon making a public announcement, open the examination up to all

residents of the county. Only residents of the county with a vacancy

are eligible to take the special examination.

(e) Results of a special examination shall be provided to the chief circuit

judge and each examinee. The results will only indicate whether the

examinee passed or failed, unless scores are requested by the chief

circuit judge.

(f) Upon written request, raw scores will be provided to examinees who

receive a failing score.

(g) Examinees who receive a passing result on a special examination will

be eligible to file for election as circuit court clerk for one year from

the date the result is communicated or posted under Section 5 of this

rule. Results forwarded to the Secretary of State and local county

clerk will include the expiration date of eligibility.

(7) Any examinee who receives a failing result may make a request for

reconsideration to the Director of the Administrative Office of the Courts.

(a) A request for reconsideration shall be in writing and shall be delivered

to the AOC Director’s office within two weeks of notification of the

failing result.

(b) No hearings will be provided.

(c) Decisions of the AOC Director are final and conclusive.

This Order shall be effective June 1, 2023, and until further order of this

Court.

Entered this 19th day of May 2023.

All sitting; all concur.

__________________________________________

CHIEF JUSTICE