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State Courts s 985 . , I In the heart of the Bluegrass State, thoroughbred horses in rolling, . , white-fenced pastures, graze near . Lexington. Kentucky-bred racehorses are world-famous. fllusmm~onsbyPam Vat, public infmticn rupenriror for the Kentucky Adminismarice Office ofthe Coum 1985 Annual Meeting Library Notional Center for State Cdrts 30) Newport Ave. Wi!;*c:r.:iura-. \'A 231 s5 Lexington, Kentucky The Kentucky Judicial System The Commonwealth of Kentucky has a unified court system, instituted in 1976 after voters approved a new judicial article for the state’s 183-year-old constitution. Full imple- mentation of the system took effect in 1978, providing a four-tiered court of justice consist- ing of the supreme court, the court of appeals, the circuit court, and the district court. Kentucky’s supreme court is located in Frankfort, the state capital. The supreme court has appellate jurisdiction only, except that it has the power to issue all writs necessary in aid of its appellate jurisdiction, or the complete determination of any cause, or as may be re- quired to exercise control over the entire court of justice. Appeals from a circuit court judgment imposing a sentence of death, life imprisonment, or imprisonment for 20 years or more are taken directly to the supreme court. Decisions of the court of appeals may be ap- pealed to the supreme court if granted a discretionary review as prescribed by rule of court. A cause may be transferred from the court of appeals to the supreme court when the case is of great and immediate public importance. The supreme court establishes rules of practice and procedure for the entire court of justice, for the conduct of judges, and for procedures to be followed by all state court officials. Additionally, the supreme court controls admission to the bar and discipline of bar members. Seven justices, one from each of seven appellate districts, are elected to the supreme court for staggered terms of eight years. In order to qualify for nonpartisan election to the court, one must have been licensed to practice law for eight years and have lived in the appellate district for woyears. The chief justice of Kentucky is chosen for a four-year term by the supreme court associates. In addition to performing judicial duties, the chief justice serves as the executive head of the state’s court system, responsible for its management and operation. The state court administrator and administrative office of the courts serve as staff support for the chief justice, overseeing the judicial personnel system of more than 2,000 employees, preparing the judicial budget, conducting mandatory judicial education programs as well as other pro- fessional development, maintaining a statewide statistical information system, and adminis- tering clerical and fiscal procedures for court offices throughout the state. Additionally, the administrative office prepares the annual report, develops public education and information programs and materials, furnishes staff support to various commissions appointed by the chief justice, prepares fiscal notes for proposed legdation, provides statewide computer services, manages court facilities, and distributes and maintains all equipment and supplies for the court system. Statewide pretrial release services are also administered by the chief justice, as is the state law library. The court of appeals, Kentucky’s intermediate appellate court added by the 1976 judicial article, has appellate jurisdiction only, except that it may be authorized by rule to re- view directly decisions of the state’s administrative agencies, and to issue writs necessary in aid of its appellate jurisdiction. Kentucky’s constitution provides for one matter-of-right ap- peal from any judgment entered by a state court; therefore, one appeal, as a matter of right, may be taken from a judgment of the circuit court, the court of general jurisdiction, to the court of appeals. Decisions of the circuit court, when sitting on an appeal from district court, may he appealed to the court of appeals if granted a discretionary review as prescribed by rule of court. .J i t.. The court of appeals consists of 14 judges, two elected from each of seven appellate districts for terms of eight years. Candidates for election to the intermediate appellate court must have the same qualifications as required for the supreme court. The judges are divided into panels of not less than three, a majority of each panel concurring in the decision of a case. Panels are chosen on a rotational basis and move about the state to hear appeals. A chief judge, chosen from among and by the 14 associate judges, assigns judges to panels, assigns cases,and determines locations where each panel shall sit. The chief judge serves a term of four years as adrmrustrator in addition to performing regular judicial duties. The clerk of the supreme court, who also serves as the clerk of the court of appeals, is appointed. The clerk has charge of the clerical case management portion of the courts’ busi- ness, keeping records and seals and maintaining facilities for collection and hemination of information, statistics, and fees. The clerk also serves as liaison between the supreme court and the state Board of Bar Examiners, is an ex officio member of the Appellate Civil Rules Committee, and conducts continuing legal education programs on appellate procedures. At the trial level, the circuit court is the court of general jurisdiction and hears all civil matters involving more than $2,500. It has jurdction of capital offenses and felonies, divorce, adoption, termination of parental rights, land title problems, and contested probate of wdk. The circuit court also has power to issue injunctions, writs of prohibition, and writs of mandamus. Its appellate jurisdiction is provided by law, and all appeals are on the record. Reviews of adrmnistrativeactions of state agencies constitute original actions and are not considered as appeals. Ninety-one circuit judges serve in fiftysix judicial circuits. To qualify to serve for an eight-year term, one must have been licensed to practice law for eight years and have lived in the circuit for two years before running for the nonpartisan election. The district court has limited judiction. Juvenile matters, city and county ordinances, mdemeanors, traffic offenses, probate of wills, felony preharies, and civil cases in which the amount in question is $2,500 or less; are all heard in district court. Guardianship and conservatorship for &bled persons are in district court, as are voluntary or involuntary mental commitments and cases relating to domestic violence and abuse. There is also a small claims division of dlstrict court to handle informally claims with a value of $1,OOO or less. Kentucky’s 120 counties are divided into 57 judcial districts incorporating 123 district judges. Nonpartisan candidates for district judge must have been licensed to practice law for two years, and must have lived in that dlstrict for two years prior to election to the four- year term. The chief justice has constitutional authority to assign any justice or judge to sit on another court when deemed necessary for the prompt disposition of causes. Such author- ity may be delegated, which the chief justice has done through the regional administration program. Appointed chief regional judges, both circuit and district, have the designated authority to assign judges in their regions to other courts to expedite disposition of litiga- tion by equalizing the regional caseload among judges, to promote uniform procedure and practice, and to provide for prompt substitution where a judge is disqualified or where there is a temporary vacancy. A vacancy that occurs during an unexpired judicial term is filled from a list of three names selected by a Judicial Nominating Commission, of which the chief justice is the chairman. The governor appoints one individual from the three names submitted by the appropriate nominating commission. Should the governor fail to act within 60 days, the chief justice would make the appointment. The appointee fills the vacancy until the next general election, at which time an individual must be elected to complete the term. A justice or judge may be retired for disability or suspended or removed for good cause by the Judicial Retirement and Removal Commission, which is composed of one judge from the court of appeals, one from the circuit court, and one from the district court. The commission members also include one member of the Kentucky bar and two persons, not members of the bench or bar, appointed by the governor. The actions of the commission may be reviewed by the supreme court. All compensation and necessary expenses for justices, judges, and other court person- nel, and for the operation of the entire court of justice, are paid out of the state treasury. Circuit court clerks are also elected officials of the court and are responsible for the custody, control, and safe storage of court records for both trial levels of court. Among the duties of the circuit clerks and their deputies are the receipt and recording of lawsuits and papers for the courts, attending trials, receiving fines, issuing drivers’ licenses, sched- uling juries, handling bond money, and operating the tape recording equipment to record district court proceedings. One clerk is elected on a partisan ticket in each county to serve a term of six years. Various organizations working to maintain and improve the quality of justice in Ken- tucky are the Kentucky Bar Association, the Circuit and District Judges’ Association, the Circuit Clerks’ Association, and the Court Reporters’ Association. These associations provide a means of communication among their respective members, as well as a unified effort in achieving effective administration of justice throughout the state. .. CONFERENCE OF CHIEFJUSTICES Board of Directors 1984-1985 President W. Ward Reynoldson, Iowa President-Ekct Edward F.
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