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Rule 9 Miscellaneous

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Family Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Family Court
KY BCWF Rule 9
Rule 9 Miscellaneous
901 Protections of Personal Identifiers
A. All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters. Where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The Circuit Clerk shall only permit access to the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the Court. As used in this section, “personal identifier” means a Social Security number or tax-payer identification number, date of birth, or financial account number.
B. Pleadings, documents or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by these rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
902 Requests for Confidential Video Records
A. The Circuit Clerk shall not release any Family Court video record of in-chamber interviews with children or other court proceeding closed by statute, rule or court order without a specific written order of a Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the portion of the video record being requested and the specific purpose for the request.
B. Pursuant to KRS 610.340(2), Rule 902(A) shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
903 Forms
A. In forma pauperis motion forms shall be available upon request to the Circuit Clerk. The Family Court office will be responsible for providing the Circuit Clerk with sufficient copies.
B. Other forms are available through the Family Court Office at 502-867-4808 or on the following websites:
1. http://courts.ky.gov/forms/default.htm,
2. http://apps.courts.ky.gov/localrules/localrules.aspx
904 Guardian ad Litem and Other Appointed Counsel
A. Application for appointment as a Guardian Ad Litem (hereinafter GAL) or other appointed counsel is to be made by submitting the appropriate form to the Family Court Office, which is available from the Family Court Office.
B. Appointments shall be made by the Family Court Judge who may designate the Circuit Clerk to make such appointments. The Family Court Judge may set terms for such appointments, including limiting the number of attorneys on the GAL or other appointed counsel lists.
C. A GAL or other appointed counsel shall be a licensed attorney in good standing with the Kentucky Bar Association subject to continued ratification by the Family Court Judge.
D. After a GAL or other appointed counsel accepts an appointment, a court order of appointment shall be generated by the Circuit Clerk or other court designee and said order will satisfy the written entry of appearance in compliance with FCRPP 26. After a GAL or other appointed counsel accepts an appointment, representation shall continue through all stages of the proceedings.
E. Appointees who fa il to demonstrate appropriate knowledge of the statutes, law and procedures in the area in which appointment is made, fail to appear or fail to perform duties may be stricken from the list at the discretion of the Family Court Judge. The ABA Standards for GALs or the recommendations of the Kentucky Commission on GALs may be used as guidelines.
F. Motions for compensation shall be accompanied by affidavit; the appropriate FAC form shall be used in lieu of a separate motion. Submitted documentation shall include:
1. The statutory basis for appointment;
2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee request; and
3. That the action or proceeding has been concluded and date of disposition.
905 Military Attorney
A. Appointments of military attorneys are made pursuant to the Servicemembers Civil Relief Act, 50 App. U.S.C., § 501 et seq.. The duties of a military attorney are the same as those of a Guardian ad Litem and, in appropriate cases, include the filing of motion for a stay of the proceedings where the conduct of the military defendant's defense is materially affected by the reason of the defendant's military service.
B. A motion and a request for a hearing for a stay of proceedings shall be supported by an affidavit containing specific reasons why the military defendant's service materially affects his ability to conduct his defense.
C. The affidavit shall include the following information:
1. Present duty station and expected duration of present military assignment.
2. Residential address if different from duty station address.
3. Accrued leave to which defendant is entitled and number of days of leave which accrue to the defendant each month.
4. Any other information of a similar nature which would affect the defendant's ability to defend the action.
D. The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.
906 Sanctions for Noncompliance with Rules
A. This Court may assess costs and fees or impose appropriate sanctions against a party not complying with any of these Rules.

Credits

HISTORY: Adopted effective April 29, 2012.
Bourbon, Scott and Woodford Family Court Rule 9, KY R BOURBON SCOTT FAM CT Rule 9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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