Ky. Cir. Ct. Clerks' Manual PLEAS

75 PLEAS

KRS 27A.460 (5) and (6)

 KRS 27A.460 (5) and (6) require the collection of data regarding

defendant pleas.

75.1 Plea Disposition

• When an original plea is entered a final plea must be entered.

• When the trial type is Court C or Jury J, the original and final pleas must be

entered.

• When the defendant pleads not guilty at the arraignment, enter NG as the

original plea.

• When the defendant pleads guilty at the arraignment, enter G as the original

and final plea.

• When the defendant pleads guilty at any court proceeding after the

arraignment, enter G as the final plea.

• When the defendant is found guilty at any court proceeding after the

arraignment, enter NG as the final plea.

• When the defendant is found guilty in absentia at any court proceeding,

enter NG as the original and final plea.

NOTE: Final pleas do not necessarily reflect the charge disposition/court

finding.

75.2 Entering a Plea

• Court trial is entered as trial type disposition only when an actual trial is

held. Except for the jury being empanelled to hear the case, the same set of

circumstances as a jury trial must exist, i.e., opening statements by

attorneys, cross-examination of witnesses, closing arguments and a finding

by the court. The entry of a guilty plea in open court is not a court trial.

• If a court trial or jury trial has been entered as the trial type, an original plea

and final plea must be entered.

• If an original plea has been entered, a final plea must be entered whether or

not the defendant changes the plea. If no plea is entered, (example: charge

is dismissed at arraignment), original and final plea are both left blank.

Original plea and final plea reflect what the defendant has entered

regardless of a different finding by the court.