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AP XVI, Sec. 7 Confidentiality

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part XVI. Circuit Court Clerks Conduct Commission
Administrative Procedures, AP XVI, Sec. 7
AP XVI, Sec. 7 Confidentiality
(1) Except as otherwise provided in these rules, information regarding the existence and details of a complaint, any and all information related to an investigation conducted pursuant thereto, and all other records, files, and reports of the Commission must be kept confidential and will not be disclosed, except as follows:
(a) Upon inquiry by a state or federal agency conducting a criminal investigation, but only information relevant to the investigation will be provided;
(b) Upon order of a court of competent jurisdiction for good cause shown; or
(c) As otherwise required by law.
(2) Except as provided in subsection (1) above, the Commission shall only be authorized to release, upon receiving written request, final disciplinary action(s) taken and/or remedial measure(s) imposed by the Chief Justice against a clerk, and the date of such action(s). The Commission shall provide written notice to a clerk of all such third party requests.
(3) Breach of confidentiality may be deemed grounds for removal of a Commission member and for discharge of any of its agents. Any member so removed, or agent so discharged, shall not be eligible thereafter to serve on the Commission or at its direction.
(4) If, in the course of its proceedings, the Commission becomes aware of credible evidence that any person has committed a crime, the Commission may report such evidence to the appropriate law enforcement agency.
(5) Nothing in this section shall preclude the Commission from taking such action(s) as may be necessary to conduct inquiries and investigations in accordance with Section 8.


HISTORY: Amended by Order 2015-18, eff. 9-30-15; prior amendments eff. 7-28-14 (Order 2014-14); adopted by Order 2013-01, eff. 1-1-13
Administrative Procedures, AP XVI, Sec. 7, KY ST ADMIN P AP XVI, Sec. 7
Current with amendments received through May 1, 2020.
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