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AP IV, Sec. 2 Appointment of Master Commissioner and Deputies; Qualifications

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part IV. Master Commissioners of the Circuit Court (Refs & Annos)
Administrative Procedures, AP IV, Sec. 2
AP IV, Sec. 2 Appointment of Master Commissioner and Deputies; Qualifications
(1) A master commissioner may be appointed for each county within a judicial circuit.
(a) In a single-judge circuit the appointment shall be made by the circuit judge.
(b) In judicial circuits with more than one judge the master commissioner shall be chosen by a majority of the circuit judges. In the event of a tie, the chief circuit judge shall choose from those receiving the tie vote.
(c) The circuit judge in a single-judge circuit or the chief circuit judge in a judicial circuit with more than one judge shall enter an order appointing the master commissioner for the term of office, and shall file a copy of the Order of Appointment with the Clerk of the Supreme Court and with the Administrative Office of the Courts, Division of Auditing Services.
(2) The master commissioner shall serve at the pleasure of the judge(s) of the circuit court, but in no case shall his or her term exceed four years without reappointment.
(a) In a single-judge circuit the term of the master commissioner shall automatically terminate following the death, resignation, or permanent replacement of the circuit judge who appointed the master commissioner.
(b) In a judicial circuit with more than one judge the master commissioner may be removed at any time by a majority vote of the circuit judges. In the event of a tie, the decision shall be made by the chief circuit judge.
(3) The master commissioner shall be compensated by fees as provided in Sections 8 and 9 herein. The circuit court may allow the master commissioner a reasonable fee for acting as receiver of the court, for executing documents pursuant to court order, for performing such other functions as ordered by the court, and for performing judicial type functions in actions where the master commissioner does not execute a judicial sale.
(4) The master commissioner shall maintain his or her office at such locations and during such hours as the chief circuit judge shall direct.
(5) The master commissioner shall perform such functions, including those of a receiver, as may be directed by an appropriate order of the court.
(6) Upon the express written authority of the Administrative Office of the Courts on behalf of the Chief Justice, the master commissioner may have such deputies and clerical staff as are necessary to perform the functions of his or her office.
(7) A master commissioner or deputy master commissioner shall hold no other public office of the Court of Justice except that of trial commissioner for the district court pursuant to SCR 5.010, or domestic relations commissioner as approved by the Chief Justice.
(8) Master commissioners and deputy master commissioners shall be qualified as licensed attorneys in good standing with the Kentucky Bar Association.
(9) The Administrative Office of the Courts shall have the authority to establish audit and accounting standards, prescribe bookkeeping and accounting practices and procedures, and otherwise perform audits and oversee the financial accounts of master commissioners. A copy of any audit report shall be submitted by the Administrative Office of the Courts to the chief circuit judge.
(a) In the event that the audit reveals a serious or recurring bookkeeping, accounting, procedural or other irregularity, a copy shall also be submitted to the Chief Justice and the Director of the Administrative Office of the Courts.
(b) After reviewing the audit report, the Chief Justice may refer the master commissioner to the judge(s) of the circuit court for removal.
(10) A non-refundable judicial sale administrative fee of $200 shall be added to all cases referred to the master commissioner for judicial sale. The circuit court clerk shall collect the administrative fee at the time the referral is made, prior to processing the motion for judgment and distributing the order of sale. The fee shall be collected prior to the master commissioner undertaking the order of sale. The circuit court clerk shall promptly remit all fee monies collected to the Administrative Office of the Courts. Judicial sale administrative fee money is to be placed in a special account designated to cover the administrative costs of the master commissioner program. These costs include, but are not limited to, all necessary bonding of master commissioners and the employment of sufficient staff to conduct audits of master commissioner offices statewide. To whatever extent total judicial sale administrative fees collected do not fully cover these expenses, funds may be deducted from the excess fees master commissioners submit to the Administrative Office of the Courts with their mandatory annual accounting report.

Credits

HISTORY: Renumbered and amended by Order 2015-25, eff. 1-1-16; prior amendments eff. 1-1-12 (Order 2011-08), 1-1-11 (Order 2010-10), 7-1-06 (Order 2006-07), 3-1-06 (Order 2006-04), 7-1-04 (Order 2004-2); adopted by Order 2003-5, eff. 1-1-04
Administrative Procedures, AP IV, Sec. 2, KY ST ADMIN P AP IV, Sec. 2
Current with amendments received through May 1, 2020.
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