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SCR 4.020 Jurisdiction

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
IV Judicial Conduct Commission (Refs & Annos)
Rules of the Supreme Court (SCR), Rule 4.020
SCR 4.020 Jurisdiction
(1) Commission shall have authority:
(a)(i) After notice and hearing, to order the temporary or permanent retirement of any judge whom it finds to be suffering from a mental or physical disability that seriously interferes with the performance of his/her duties; (ii) and to suspend temporarily from the performance of judicial duties, without affecting his/her compensation any judge against whom there is pending in any court of the United States an indictment or information charging him/her with a crime punishable as a felony, or after notice and an opportunity to be heard, and upon a finding that it will be in the best interest of justice that the judge be suspended from acting in his/her official capacity as a judge until final adjudication of the complaint, any judge as to whom a preliminary investigation has been initiated under Rule 4.170.
(b) To impose the sanctions, separately or collectively of (1) admonition, private reprimand or public reprimand; (2) suspension without pay, or removal or retirement from judicial office, upon any judge of the Court of Justice or lawyer while a candidate for judicial office, who after notice and hearing the Commission finds guilty of any one or more of the following:
(i) Misconduct in office.
(ii) Persistent failure to perform his/her duties.
(iii) Incompetence.
(iv) Habitual intemperance.
(v) Violation of The Code of Judicial Conduct, Rule 4.300.
(vi) Any willful refusal or persistent failure to conform to official policies and directives adopted by the Supreme Court and issued by the Chief Justice in his/her constitutional capacity as Chief Executive Officer of the Court of Justice.
(vii) Conviction of a crime punishable as a felony.
(c) After notice and hearing, to remove a judge whom it finds to lack the constitutional and statutory qualifications for the judgeship in question.
(d) To refer any judge of the Court of Justice or lawyer while a candidate for judicial office, after notice and hearing found by the Commission to be guilty of misconduct, to the Kentucky Bar Association for possible suspension or disbarment from the practice of law.
(2) Any erroneous decision made in good faith shall not be subject to the jurisdiction of the Commission.

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HISTORY: Amended by Order 2015-20, eff. 1-1-16; prior amendments eff. 8-28-89 (Order 89-1), 3-8-83, 9-1-80, 1-1-78; adopted eff. 10-1-76
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, Rule 4.020, KY ST S CT Rule 4.020
Current with amendments received through January 1, 2017
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