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SCR 4.090 Disqualification

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 4.090
SCR 4.090 Disqualification
(1) Grounds. A member or alternate member shall disqualify from participation as a member in all matters in which the member has an interest, relationship or bias that would disqualify a judge in a judicial proceeding.
(2) Procedure.
(a) A party seeking disqualification of a member or alternate member shall file a verified motion with the Executive Secretary who shall forthwith transmit the motion to the challenged member.
(b) The challenged member shall promptly file with the Executive Secretary a written response stating whether the member recuses. The response may include explanation of the member's position.
(c) If a member refuses to recuse, the recusal issue shall be decided by majority vote of the other members of the Commission by written findings not later than the meeting next following the filing of the member's response to the motion to recuse.
(d) Upon disqualification of a member, the disqualified member's alternate shall serve. If there is no alternate for the disqualified member, the matter shall be determined by the remaining members of the Commission.
(e) A member disqualified in a matter shall not participate in its consideration and shall be excused from that portion of any meeting at which the matter is discussed.


HISTORY: Amended by Order 2015-20, eff. 1-1-16; prior amendments eff. 2-1-00 (Order 99-1), 1-1-99 (Order 98-2); 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 4.090, KY ST S CT Rule 4.090
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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