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SCR 5.030 Powers

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
V Trial Commissioners of the District Court (Refs & Annos)
Effective: March 1, 2020
Rules of the Supreme Court (SCR), Rule 5.030
SCR 5.030 Powers
Subject to review by the chief district judge or by another judge of the district designated for that purpose by the chief judge, in the county for which he is appointed a trial commissioner shall have, unless otherwise specified in the certificate of necessity authorizing his appointment, the authority of a district judge with respect to the following:
(a) In criminal cases,
(i) To issue search warrants and warrants of arrest;
(ii) To examine any charge and commit the defendant to jail or hold him to bail or other form of pretrial release; and
(iii) To accept a plea of guilty, at the time the charge is examined, and impose sentence for any offense punishable only by fine of $500 or less;
(b) In juvenile cases,
(i) To hear and determine if children in custody should be held in detention;
(ii) To conduct preliminary inquiries, informally adjust juvenile cases, and cause juvenile petitions to be brought;
(iii) To order physical and mental examinations of children before the juvenile court; and
(iv) To issue orders for the temporary custody of children whose welfare is threatened under emergency conditions;
(c) In probate matters,
(i) To admit to record or reject any will offered for probate;
(ii) To appoint executors and administrators of wills and estates, and to fix and approve bond as required;
(d) In civil proceedings,
(i) To authorize orders of attachment and garnishment and writs of possession;
(ii) To conduct judicial sales if so authorized by the chief judge of the district; and
(iii) To issue emergency protective orders and interpersonal protective orders in domestic violence, interpersonal violence, and abuse cases.
(iv) To issue forthwith orders of arrest in domestic violence, interpersonal violence, and abuse cases.
(e) To issue writs of forcible entry and detainer and warrants of restitution;
(f) In mental health cases, to conduct all preliminary proceedings relating to involuntary commitments, and, specifically:
(i) to issue a warrant or summons for the respondent if he is not already detained;
(ii) to release persons for whom no warrant has been taken pursuant to KRS 202A.041;
(iii) to order immediate mental examinations pursuant to KRS 202A.041 and 202A.051;
(iv) to appoint counsel for respondent;
(v) to set and conduct preliminary hearings in involuntary commitment cases pursuant to KRS 202A.041, 202A.051 and 202A.071; and
(vi) to order the detention of the respondent pending the preliminary and final hearings.
(g) To compel the attendance of witnesses and the production of evidence with respect to any proceeding before him.


HISTORY: Amended by Order 2016-01, eff. 1-1-16; prior amendments eff. 7-1-86 (Order 86-3) 7-1-84, 9-10-82, 3-1-78; adopted eff. 1-1-78
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 5.030, KY ST S CT Rule 5.030
Current with amendments received through November 1, 2020.
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