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AP XVI, Sec. 6 Authority of the commission

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. 6
AP XVI, Sec. 6 Authority of the commission
The Commission will have authority to recommend to the Chief Justice the following disciplinary action(s) and/or remedial measure(s). Remedial measures may be used, where relevant and appropriate under the circumstances, as alternatives or in addition to those disciplinary actions set out below in subsection (1).
(1) Disciplinary actions:
(a) Temporary suspension of a clerk from the performance of his or her duties, without affecting his or her pay status, when: (i) there is pending in any state or federal court of the United States an indictment or information charging him or her with a crime punishable as a felony; or (ii) it would be in the best interest of the public that he or she be suspended from acting in his or her official capacity as a clerk until final disposition of an investigation.
(b) Sanctions, separately or collectively, of public or private reprimand, suspension with pay, or institution of removal proceedings before the Supreme Court, when the Commission finds sufficient evidence of any one or more of the following:
(i) Misconduct in office, as defined in the Circuit Court Clerk Code of Conduct.
(ii) Any willful refusal or persistent failure to perform the duties and obligations as set forth in the Constitution of Kentucky, Kentucky Revised Statutes, Kentucky Supreme Court Rules, including the Kentucky Rules of Civil and Criminal Procedure, and applicable portions of the Administrative Procedures of the Court of Justice, Part III.
(iii) Professional incompetence.
(iv) Habitual intemperance.
(v) Any willful refusal or persistent failure to conform to official policies and directives adopted by the Supreme Court or issued by the Chief Justice in his constitutional capacity as Chief Executive Officer of the Court of Justice.
(vi) Conviction of a crime.
(c) Institution of removal proceedings before the Supreme Court of Kentucky against a clerk whom it finds to lack the qualifications for the office of Kentucky Circuit Court Clerk pursuant to the Constitution of Kentucky, Kentucky Revised Statutes, and Rules of the Supreme Court of Kentucky.
(2) Remedial measures may include but shall not be limited to:
(a) Training, education, and/or development.
(b) Counseling or support groups.
(c) Implementation of a plan addressing the misconduct.
(d) Monitoring the clerk's conduct.
(e) Mentoring.
(f) Referral to relevant policies.

Credits

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. 6, KY ST ADMIN P AP XVI, Sec. 6
Current with amendments received through October 1, 2019.
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