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SCR 4.170 Complaint; preliminary investigation

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 4.170
SCR 4.170 Complaint; preliminary investigation
(1) Upon its own motion or upon receiving a written complaint indicating that there is a basis for investigation of a matter within the jurisdiction of the Commission under SCR 4.020, the Commission shall make a preliminary investigation to determine whether formal proceedings should be initiated.
(2) Notice of the investigation shall be given to the judge, and the judge shall be given an opportunity to appear informally before the Commission. The name of the complainant shall not be included in the notice.
(3) If the Commission concludes after its preliminary investigation that formal proceedings should not be initiated, it shall so inform the judge.
(4) After the preliminary investigation is completed and before formal proceedings are initiated under Rule 4.180, the Commission shall afford the judge under investigation an opportunity to examine all factual information, including the name of the complainant if relevant, and shall afford the judge an opportunity to furnish to the Commission any information the judge may desire bearing on the investigation.
(5) The Commission shall decide whether to initiate formal proceedings under SCR 4.180 within 180 days of commencement of preliminary investigation, unless within such period or extension thereof the Commission for good cause extends such period for a period or periods not exceeding an additional 180 days. The judge shall be informed of such extensions.
(6) If because of court injunction or other requirement of law, the Commission is prevented from proceeding in a matter, the time periods of this rule and SCR 4.260(3) shall be tolled, and the full period shall not begin to run until the reason for the Commission's inability to act is removed.

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HISTORY: Amended by Order 2015-20, eff. 1-1-16; prior amendments eff. 1-1-99 (Order 98-2), 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 4.170, KY ST S CT Rule 4.170
Current with amendments received through May 1, 2017
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