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AP IV, Sec. 13 Disqualification of Master Commissioner; Special Commissioners

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. 13
AP IV, Sec. 13 Disqualification of Master Commissioner; Special Commissioners
(1) For the purposes of this section the following words or phrases shall have the meaning indicated:
(a) “Fiduciary” includes such relationships as executor, administrator, conservator, trustee, and guardian;
(b) “Financial interest” means ownership of a legal or equitable interest, however small, or a relationship as director, advisor, or other active participant in the affairs of a party, except that:
i. Ownership in a mutual or common investment fund that holds securities, or a proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association, or a similar proprietary interest, or ownership of government securities is a “financial interest” only if the outcome of the proceeding could substantially affect the value of the interest;
ii. An office in an educational, religious, charitable, fraternal, or civic organization is not a “financial interest” in securities held by the organization.
(2) When performing judicial functions, any master commissioner shall disqualify him/herself in any case:
(a) Where he or she has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the case, or has expressed an opinion concerning the merits of same;
(b) Where in private practice or government service he or she served as a lawyer or rendered a legal opinion in the matter in controversy, or a lawyer with whom he or she previously practiced law served during such association as a lawyer concerning the matter in controversy, or the master commissioner or such lawyer has been a material witness concerning the matter in controversy;
(c) Where he or she knows, individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a pecuniary or proprietary interest in the subject matter in controversy or in a party to the proceeding;
(d) Where the master commissioner or his or her spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
i. Is a party to the proceeding, or an officer, director, or trustee of a party;
ii. Is acting as a lawyer in the proceeding and the disqualification is not waived by stipulation of counsel in the proceeding filed therein;
iii. Is known by the master commissioner to have an interest that could be substantially affected by the outcome of the proceeding;
iv. Is to the knowledge of the master commissioner likely to be a material witness in the proceeding.
(e) Where he or she has knowledge of any other circumstances in which his or her impartiality might reasonably be questioned.
(3) Any master commissioner disqualified under the provisions of this section or unable to discharge the duties of his or her office for any other reason shall be replaced by a special commissioner who shall be appointed by the judge of the court before whom the action is pending.
(a) The judge shall enter an order appointing the special master commissioner and shall provide a copy of the order to the Administrative Office of the Courts, Division of Auditing Services.
(b) The special commissioner shall meet the same qualifications as a master commissioner and shall take an oath, execute a bond in an amount to be set by the chief circuit judge based upon the estimated sum to be derived from the proceedings, and be subject to the same rules as the regular master commissioner.

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. 13, KY ST ADMIN P AP IV, Sec. 13
Current with amendments received through May 1, 2020.
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