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SCR 7.030 Nomination and election--regular elections election of bar representatives to judicia...

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
VII Election of Bar Representatives to Judicial Nominating Commissions
Rules of the Supreme Court (SCR), Rule 7.030
SCR 7.030 Nomination and election--regular elections election of bar representatives to judicial nominating commissions
(1) Candidates for election as bar representatives on the commission shall be nominated by the board or by written petition as herein provided.
(2) On or before June 1 of the years in which regular elections are to be held under this rule the board shall by majority vote nominate candidates for election to the various commissions as specified in subsection 3 of this rule. The board shall immediately certify the names of its nominees to the director. On or before July 1 the director shall publish by appropriate means to the members specified in (3)(c) of this rule a list or lists of the candidates so nominated.
(3)(a) For the commission for the Supreme Court and the Court of Appeals the board shall nominate one (1) qualified member from each appellate district. The director shall publish by appropriate means a list of the candidates so nominated to each member residing in the Commonwealth of Kentucky.
(b) For the commissions for each judicial circuit the board shall nominate two (2) qualified members. To the extent practicable, in multi-county circuits the board shall nominate candidates from different counties in the circuit. The director shall publish by appropriate means a list of the candidates so nominated to each member residing in the circuit.
(c) Lists of the board's nominees for election to the various commissions may be combined as one list and may be included in one publication of names.
(4) Any other qualified member may file a written petition for candidacy for the commission for the Supreme Court and the Court of Appeals, signed by himself and not less than 10 other members residing in the Commonwealth of Kentucky, or may file a written petition for candidacy for the commission for a judicial circuit, signed by himself and not less than 2 other members residing in the circuit. In his petition the member shall state that he does not hold any other public office or any office in a political party or organization. All such petitions shall be filed with the director on or before August 15 of the year in which the regular election for members of the commissions is to be held. The director shall acknowledge receipt of each candidate's petition by return mail. All petitions shall be considered public records and shall be available for inspection at reasonable hours. On or before September 1 the director shall publish by appropriate means to the members specified in (3)(c) of this rule a list or lists of the candidates, including those nominated by the board and those nominated by petition.
(5) The eligibility of a candidate in a regular election may be challenged by any member entitled to vote in the election of the commission for which the challenged party is a candidate. Such challenge shall be in writing signed by the challenger, certifying that a copy has been served upon the challenged party or parties, and filed with the director on or before September 15 of the year in which the election is to be held. It shall be summarily heard by a hearing committee consisting of three (3) disinterested members appointed by the president. The parties shall be entitled to appear in person or by or with counsel. The hearing shall be held and a final decision rendered in writing on or before the following September 25. The party or parties aggrieved by such decision may appeal to the Supreme Court by a petition for review filed with the clerk of that court on or before the following October 1 and certifying that a copy has been served on the adversary party or parties. The matter shall be summarily heard and determined as ordered by the court.
(6) Ballots shall be prepared by the director. The various commissions shall be on separate ballots but may be included in one mailing. The ballot for each commission shall include the names of the candidates, listed in alphabetical order, and the addresses at which they reside. There shall be printed on each ballot in boldface type the words “This ballot must be received by the director on or before the first Tuesday following the first Monday in November” and the words, “You may not vote for more than two or your ballot will not be counted”.
(7) On or before October 10 of the year in which the election is to be held the ballots shall be mailed, or made available on-line, to the following members: A ballot for the commission for the Supreme Court and the Court of Appeals shall be sent to each member residing in the Commonwealth of Kentucky; a ballot for the commission for each judicial circuit shall be sent to each member residing in the circuit.
(8) All ballots must be received by the director on or before the first Tuesday following the first Monday in November. On or before the following December 1 a canvassing board consisting of five (5) members appointed by the president shall meet in the office of the director and tabulate the votes. Each candidate or a representative designated by him in writing may be present at the meeting of the canvassing board.
(9) The two (2) candidates for each commission receiving the highest number of votes shall be elected. If two (2) or more candidates are found to have received an equal number of votes, the election shall be fairly determined by lot under the supervision of and in the presence of the canvassing board.
(10) The canvassing board shall immediately make and forward to the Chief Justice and the director a written certification of the election. The director shall promptly notify each candidate of the results of the election and shall publish the results in the next official association publication.
(11) On or before December 10 following the election any defeated candidate may contest the election of his successful opponent or opponents. Such contest shall be by written petition to the Supreme Court stating the grounds of contest and certifying that a copy has been served on the adversary party or parties. The matter shall be summarily heard and determined in such manner, and relief granted or denied upon such grounds, as the court shall deem fair and equitable.
(12) As soon as practicable after the election the director shall certify to the Supreme Court for its approval an itemization of all costs incurred in the election of members to the commissions. Upon its approval of such costs the court shall order payment to the association out of the state treasury.
(13) Within sixty (60) days after the election the director shall transmit all petitions, ballots and other applicable records to the administrative director of the courts.

Credits

HISTORY: Amended by Order 2017-18, eff. 1-1-18; prior amendments eff. 1-1-14 (Order 2013-12), 3-1-12 (Order 2012-01), 1-1-78; adopted eff. 3-12-76
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 7.030, KY ST S CT Rule 7.030
Current with amendments received through May 1, 2020.
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