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Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
IV Judicial Conduct Commission (Refs & Annos)
SCR 4.300. Kentucky Code of Judicial Conduct
Effective: March 1, 2020
Rules of the Supreme Court (SCR), Application
Application
The Application section establishes when the various Rules apply to a judge or judicial candidate.
I. Applicability of This Code
(A) The provisions of the Code apply to all full-time judges. Parts II through IV of this section identify provisions that apply to three distinct categories of part-time judges, including judicial officers, only while they are serving as judges, and provisions that do not apply to part-time judges/judicial officers at any time. All other Rules are therefore applicable to part-time judges/judicial officers at all times. The three categories of judicial service in other than a full-time capacity are necessarily defined in general terms because of the widely varying forms of judicial service. Canon 4 applies to judicial candidates.
(B) A judge, within the meaning of this Code, is anyone who is authorized to perform judicial functions, including a judicial officer as provided in Parts II through IV of this section, such as a court commissioner.
Comment
[1] The Rules in this Code have been formulated to address the ethical obligations of any person who serves a judicial function, and are premised upon the supposition that a uniform system of ethical principles should apply to all those authorized to perform judicial functions.
[2] The determination of which category and, accordingly, which specific Rules apply to an individual judicial officer, depends upon the facts of the particular judicial service.
[3] In recent years many jurisdictions have created what are often called “specialty” or “problem solving” courts, in which judges are authorized by court rules to act in nontraditional ways. Judges presiding in drug courts and monitoring the progress of participants in those courts' programs may be authorized and even encouraged to communicate directly with social workers, probation officers, and others outside the context of their usual judicial role as independent decision makers on issues of fact and law. Such conduct may be permissible under applicable law* and not in violation of this Code. See, e.g., Rule 2.9, Comment [4].
II. Continuing Part-Time Judge.
A judicial officer who serves repeatedly on a part-time basis under a continuing appointment (“continuing part-time judge”),
(A) is not required to comply:
(1) with Rule 4.1 (Political and Campaign Activities of Judges and Judicial Candidates in General) (A)(1) through (7), except while serving as a judge; or
(2) at any time with Rules 3.8(A) (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), 3.11(B) (Financial, Business, or Remunerative Activities); and
(B) may practice law in the court in which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judges serves, but shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.
Comment
[1] Master commissioners, domestic relations commissioners and trial commissioners serve repeatedly on a part-time basis under a continuing appointment. These judicial officers are, therefore, subject to this rule.
[2] When a person who has been a continuing part-time judge is no longer a continuing part-time judge, that person may act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto only with the informed consent of all parties, and pursuant to SCR 3.130(1.12).
III. Periodic Part-Time Judge. A periodic part-time judge who serves or expects to serve repeatedly on a part-time basis, but under a separate appointment for each limited period of service or for each matter,
(A) is not required to comply:
(1) with Rule 4.1 (Political and Campaign Activities of Judges and Judicial Candidates in General) (A)(1) through (7), except while serving as a judge; or;
(2) at any time with 3.8(A) (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), and 3.11(B) (Financial, Business, or Remunerative Activities); and
(B) may not practice law or serve as an arbitrator or mediator in the district or circuit court in which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judges serves, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.
Comment
[1] Retired/senior judges who participate in the Temporary Assignment of Retired Judges Program are subject to this Rule.
[2] Retired judges or justices who do not participate in the Temporary Assignment of Retired Judges Program but who are appointed to serve by the Chief Justice, pursuant to Kentucky Constitution § 110(5), are subject to this Rule.
IV. Pro Tempore Part-Time Judge. A pro tempore part-time judge who serves or expects to serve once or only sporadically on a part-time basis under a separate appointment for each period of service or for each case heard is not required to comply:
(A) except while serving as a judge, with Rules 2.4 (External Influences on Judicial Conduct), 3.2 (Appearances before Governmental Bodies and Consultation with Government Officials), and Rule 4.1 (Political and Campaign Activities of Judges and Judicial Candidates in General) (A)(1) through (7); or
or
(B) at any time with 3.8 (Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practice of Law), and 3.11(B) (Financial, Business, or Remunerative Activities).
Comment
[1] Special justices appointed to the Supreme Court by the Governor, pursuant to Kentucky Constitution § 110(3), are subject to this Rule.
V. Time for Compliance. A person to whom this Code becomes applicable shall comply immediately with its provisions, except that those judges to whom Rules 3.8 (Appointments to Fiduciary Positions) and 3.11 (Financial, Business, or Remunerative Activities) apply shall comply with those Rules as soon as reasonably possible, but in no event later than 90 days after the Code becomes applicable to the judge.
Comment
[1] If serving as a fiduciary when selected as judge, a new judge may, notwithstanding the prohibitions in Rule 3.8, continue to serve as fiduciary, but only for that period of time necessary to avoid serious adverse consequences to the beneficiaries of the fiduciary relationship and in no event longer than 90 days. Similarly, if engaged at the time of judicial selection in a business activity, a new judge may, notwithstanding the prohibitions in Rule 3.11, continue in that activity for a reasonable period but in no event longer than 90 days.

Credits

Amended by Order 2018-17, eff. 10-29-18. Prior amendments eff. 3-22-18 (Order 2018-04); 2-18-13 (Order 2013-04); 12-15-10 (Order 2010-11); 2-16-06 (Order 2006-03); 9-15-05 (Order 2005-9), 1-1-05 (Order 2004-5), 2-1-00 (Order 99-1), 1-1-99 (Order 98-2), 11-1-95 (Order 95-1), 4-4-91, 1-1-87, 10-1-82, 7-1-81, 1-1-80, 7-1-79, 1-29-79, 6-1-78, 3-1-78, 2-22-78, 1-1-78; adopted eff. 1-1-78
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.
Sup. Ct. Rules, Application, KY ST S CT Application
Current with amendments received through December 15, 2021.
End of Document