Home Table of Contents

Rule 2. Divisions

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

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial District - Bourbon, Scott and Woodford District Court
KY BCWD Rule 2
Rule 2. Divisions
2.01. Two Divisions.
The Woodford, Bourbon, and Scott District Court shall convene and transact business in two divisions, to be designated as “Woodford, Bourbon and Scott District Court, Division I” and “Woodford, Bourbon, and Scott District Court, Division II.”
2.02. Phelps Division I.
The Hon. Mary Jane Phelps and her successors in office shall preside over Division I of this Court.
2.03. Hays Division II.
The Hon. Sarah Robb Hays and her successors in office shall preside over Division II of this Court.
2.04. Assignment of Cases.
Case assignments are set in the interest of justice to avoid “forum or judge shopping” and in the interest of judicial efficiency to allocate a smaller caseload within the county and therefore may not be waived by parties, police agencies, clerks or attorneys.
(1) Civil cases. All civil cases in Bourbon County, Scott County and Woodford County shall be assigned randomly by the Office of the Circuit Clerk (“Clerk”) using the random judge assignment software.
(2) Criminal/Traffic cases. All criminal and traffic cases shall be assigned initial court dates by the Clerk according to the date listed on the summons, citation, or pretrial release for cases where the defendant is not in custody. The Clerk shall assign initial traffic and criminal cases to the next available arraignment date for cases where the defendant is in custody. However, the Clerk shall make every attempt to set co-defendants in the same division and to set new cases for a pending defendant in the same division for judicial efficiency.
2.05. Inter Division Transfers.
Upon orders signed by the Judge of either division, a proceeding may be transferred from one division to the other when the Judge of either division to which a case has been assigned is disqualified, when co-defendants each have pending cases, when necessity for an early trial date arises, or when good and sufficient reasons so require in the opinion of the Judge of either division.
2.06. Absence of Presiding Judge.
(1) Criminal Cases. Regardless of the assignment of a proceeding to a particular division, the Judge of either division may, in the absence of the other, exercise jurisdiction and sign any order or entertain any proceeding requiring immediate attention when the Judge to which said proceeding is assigned is not readily available or is incapacitated to enter said order. This shall include search warrants, arrest warrants, bench warrants, summons, setting of bonds, preliminary hearings, detention of juveniles, and any other matter requiring expeditious treatment.
(2) Civil Cases. Regardless of the assignment of a case to a particular division, the Judge of either division may in the absence of the other Judge sign a restraining order or other order needed for temporary extraordinary relief until such matter can be considered by the Judge of the division to which said case has been assigned, provided the applicant's rights are being or will be violated, and he or she will suffer immediate and irreparable harm or injury by delay, as shown by verified complaint, affidavit or sworn proof. In like circumstances, either judge may sign Emergency Involuntary Requests for Evaluation or Hospitalization.

Credits

HISTORY: Adopted eff. July 13, 2021.
Bourbon, Scott and Woodford District Court Rule 2, KY R BOURBON SCOTT DIS CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document