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SCR 4.210 Procedural rights of judge

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 4.210
SCR 4.210 Procedural rights of judge
(1) In proceedings involving removal or retirement, a judge shall have the right and reasonable opportunity to defend against the charges by the introduction of evidence, to be represented by counsel, and to examine and cross-examine witnesses. The judge shall also have the right to the issuance of subpoenas for attendance of witnesses to testify or produce books, papers, and other evidentiary matter.
(2) Except as herein otherwise provided, whenever these rules provide for giving notice or sending any matter to the judge, such notice or matter shall be sent to the judge at their residence unless the judge requests otherwise in writing, and a copy thereof shall be mailed to his/her counsel of record.
(3) If the judge is adjudged insane or incompetent, or if it appears to the Commission at any time during the proceedings that the judge is not competent to act for himself/herself, it shall appoint a guardian ad litem unless the judge has a committee who will represent him/her. In the appointment of such guardian ad litem, preference shall be given, whenever possible, to members of the judge's immediate family. The committee or guardian ad litem may claim and exercise any right and privilege and make any defense for the judge with the same force and effect as if claimed, exercised, or made by the judge, if competent, and whenever these rules provide for serving or giving notice or sending any matter to the judge, such notice or matter shall be served, given, or sent to the committee or guardian ad litem.

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HISTORY: Amended by Order 2015-20, eff. 1-1-16; 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 4.210, KY ST S CT Rule 4.210
Current with amendments received through May 1, 2017
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