Ky. Sup. Ct. Order 2024-07 § 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 restricted fund 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.