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AP XVI, Sec. 8 Complaint / preliminary inquiry / investigation

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. 8
AP XVI, Sec. 8 Complaint / preliminary inquiry / investigation
(1) All complaints must be in writing; include the complainant's name, address, and telephone number; be signed by the complainant; and allege specific facts demonstrating why the complainant believes that official misconduct or otherwise improper conduct has occurred. The complaint may be on the form provided by the Administrative Office of the Courts. The complaint may be initiated by the Commission itself or by any individual, organization, or entity.
(2) Upon receiving a written complaint concerning a clerk, the Commission shall determine whether the complaint states facts which, if true, would constitute official misconduct or otherwise improper conduct for which the clerk may be subject to disciplinary action(s) and/or remedial measure(s) under Section 6. If it appears to the Commission that no such conduct has occurred even if the alleged facts are true, no further inquiry shall be made, and the Commission shall report same to the Chief Justice.
(3) If it appears to the Commission that the complaint states facts which, if true, would constitute official misconduct or otherwise improper conduct for which the clerk may be subject to disciplinary action(s) and/or remedial measures under Section 6, it shall make preliminary inquiry as follows: Notice of the complaint shall be mailed to the clerk at his or her home address by first-class U.S. mail and will be marked “Personal and Confidential.” The notice shall:
(a) include the name of the complainant and a written statement that no retaliation shall be taken against the complainant;
(b) include a copy of the complaint;
(c) instruct the clerk that he or she shall provide a written response to the complaint, to be postmarked no later than thirty days after receipt of the notice, unless the Commission grants the clerk a reasonable extension of time for the prompt and effective disposition of causes;
(d) instruct the clerk to include in the response the names of persons who may have relevant information pertaining to the allegations contained in the complaint; and
(e) instruct the clerk that he or she has the right to retain legal counsel at his or her own expense.
(4) If, after reviewing the clerk's response, the Commission determines there is not good cause to proceed with an investigation, it shall report same to the Chief Justice. If, however, the Commission determines there is good cause to proceed with an investigation, or in the event the clerk fails to timely provide the response required in subsection (3) above, the Commission shall commence an investigation to determine whether disciplinary action(s) and/or remedial measure(s) should be recommended. In either event, the clerk shall be notified in writing.
(5) At any stage of the investigation, the Commission or its special investigator may conduct interviews or take statements, whether or not taken under oath. Interviews should include all relevant persons, including but not limited to, the complainant, the clerk, and witnesses.
(6) Upon conclusion of its investigation, the Commission shall submit written findings of fact and recommendation(s) to the Chief Justice. The Chief Justice shall be entitled to view the file of the matter if he so desires.
(7) The Commission shall make its recommendation(s) to the Chief Justice within ninety days of the commencement of the investigation. An investigation is “commenced” upon the Commission's determination that there is good cause to proceed with an investigation. The Commission may request in writing an extension of time not to exceed thirty days, which extension may be granted by the Chief Justice for good cause shown.
(8) Final action(s) taken by the Chief Justice shall be placed in the Commission's file of the matter.

Credits

Amended by Order 2017-10, eff. 9-14-17; prior amendments eff. 9-30-15 (Order 2015-18), 7-28-14 (Order 2014-14); adopted by Order 2013-01, eff. 1-1-13
Administrative Procedures, AP XVI, Sec. 8, KY ST ADMIN P AP XVI, Sec. 8
Current with amendments received through February 1, 2019
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