Ky. Cir. Ct. Clerks' Manual SPECIAL JUDGE APPOINTMENT

89 SPECIAL JUDGE APPOINTMENT

KRS 26A.015; 26A.020

Regional Administration Program Charter

If a special judge needs to be appointed due to absence of a sitting judge, the

sitting judge must notify the chief regional district or circuit court judge who will

appoint a special judge by written order. If a special judge needs to be

appointed due to disqualification of a sitting judge, the sitting judge must certify

the grounds to the chief regional district or circuit court judge.

EXCEPTION: A recusal motion/affidavit filed pursuant to KRS 26A.020.

89.1 Special Judge Appointment

Appointments made due to a sitting judge’s unavailability:

1. Upon receipt of an order appointing a special judge AOC Form SJ-3 or

AOC Form SJ-4, apply the FILED stamp to the Supreme Court's Order;

add the date and your initials.

2. If the order is specific to one case add the order as a document in the

specified case using document code OASJ. If the order is appointing a

special judge to hear multiple cases, place the order of appointment in

the General Orders File.

3. Copy the case file, print the case history and copy the docket sheet if one

exists. Mail the copy to the special judge. Maintain the original file in

your office.

4. Mail a copy of each additional filing to the special judge. The original

pleadings/ documents should be filed in KyCourts and kept with the

original record in your office.

NOTE: Under no circumstances should the original file be removed from

your office except as outlined in CR 79.05.

Quick Reference

AOC Form SJ-3 or

AOC Form SJ-4

File, date, initial

Document type

OASJ

Mail copy to special

judge

Process Map

SPECIAL JUDGE APPOINTMENT

89.2 Recusal Motion/Affidavit

A party may file a recusal motion/affidavit pursuant to KRS 26A.020 based

on the judge’s inability to afford the party a fair and impartial trial or

partiality in deciding an application for change of venue.

Quick Reference

1. Upon receipt of a recusal motion/affidavit apply the FILED stamp; add

File, date, initial

the date and your initials.

2. File by completing a motion or document screen, as appropriate. Use

document type AFF and memo recusal. Use motion type REC. Document type AFF

Motion type REC

3. Immediately send a certified copy of the recusal motion/affidavit

directly to the Chief Justice of the Supreme Court. The Chief Justice will

decide whether to appoint a sitting, senior, or retired judge as special Office of Chief Justice

judge. KRS 26A.020. 669 Chamberlin Ave.

NOTE: If there has been a recusal motion/affidavit filed pursuant to KRS Suite A104

26A.015 (a absence or vacancy by the sitting judge,) do not forward to Frankfort, KY 40601

the Chief Justice. File the motion and schedule for hearing before the

presiding judge. KRS 26A.015 outlines specific instances where a judge

MUST disqualify him/herself. (Examples: The judge is related to a party,

has a monetary interest, was in a government agency that dealt with

the issues.)

89.2.1 Order

Orders regarding appointment of a special judge due to a sitting judge’s

disqualification:

1. Upon receipt of an order appointing a special judge AOC Form SJ-4 or

AOC Form SJ-8, apply the FILED stamp to the Supreme Court's Order; File, date, initial

add the date and your initials.

2. If the order is specific to one case add the order as a document in the

specified case using document code OASJ. If the order is appointing a Document code

special judge to hear multiple cases, place the order of appointment in OASJ

the General Orders File.

3. Copy the case file, print the case history and copy the docket sheet if one

exists. Transmit the copy to the special judge. Maintain the original file

in your office.

4. Transmit a copy of each additional filing to the special judge. The

original pleadings/ documents should be filed in KYCourts and kept with Mail copy to special

the original record in your office. judge

NOTE: Under no circumstances should the original file be removed from

your office except as outlined in CR 79.05.

SPECIAL JUDGE APPOINTMENT

89.3 Special Judge Codes Quick Reference

When a special judge is appointed to hear matters in your county, you will AOC: (502) 573-need to have the Judge Code added to KyCourts. This request may be 2350

submitted using the following form found in SharePoint. Judge Code

EXT. 50109

Request.