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Kentucky Judicial Conduct Commission
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The Kentucky Judicial Conduct Commission is the only agency in Kentucky authorized to take disciplinary action against a sitting judge. The commission reviews complaints against judges, conducts hearings when warranted and imposes sanctions on judges found to have behaved improperly.[1]
The Kentucky Supreme Court has the constitutional authority to subject the actions of the Judicial Conduct Commission to judicial review.
According to the Kentucky Judicial Conduct Commission's website, "Since its inception, the Commission's numerous actions have resulted in removal from the bench, involuntarily retirement and public discipline. Many more have resulted in private discipline."[1]
Kentucky also has a Judicial Ethics Committee, which is distinct from the Judicial Conduct Commission.[2]
Governing laws
The Judicial Conduct Commission is authorized by Section 121 of the Judicial Department Article of the Kentucky Constitution.
Section 121 says:
- "Subject to rules of procedure to be established by the Supreme Court, and after notice and hearing, any justice of the Supreme Court or judge of the Court of Appeals, Circuit Court or District Court may be retired for disability or suspended without pay or removed for good cause by a commission composed of one judge of the Court of Appeals, selected by that court, one circuit judge and one district judge selected by a majority vote of the circuit judges and district judges, respectively, one member of the bar appointed by its governing body, and two persons, not members of the bench or bar, appointed by the Governor. The commission shall be a state body whose members shall hold office for four-year terms. Its actions shall be subject to judicial review by the Supreme Court."[3]
Section 121, authorizing the Judicial Conduct Commission, was ratified on November 4, 1975 by the state's voters and became effective on January 1, 1976. The 1975 version partly repealed and partly re-enacted the previous Section 121, which had been ratified on August 3, 1891 and was subsequently revised on September 28, 1891.[4]
Type of misconduct
The Kentucky Judicial Conduct Commission divides into three categories the types of judicial conduct that may cause it to take action against a judge. The categories are:[5]
Improper influence
This category includes:
- Allowing family, social or political relationships to influence judicial decision-making.
- Conflicts of interest.
- Giving or receiving gifts, bribes, loans or favors.
Improper courtroom decorum
This category includes:
- Improper conduct while on the bench.
- Expressions of bias based on race, gender or ethnicity.
- Rude, abusive and otherwise improper treatment of parties, counsel, witnesses, jurors, court staff and others.
Improper or illegal activities
This category includes:
- Failing or refusing to dispose promptly of judicial business.
- Abusing the contempt power.
- Interfering with the attorney-client relationship.
- Communicating improperly with only one side to a proceeding.
- Commenting on or interfering with a pending or impending case.
- Engaging in improper political campaign activities.
- Misappropriating or misusing public property, funds or resources.
- Violating rules relating to court administration.
- Obstruction of justice, perjury or filing a false document.
- Criminal conduct.
Contact information
Judicial Conduct Commission
P.O. Box 4266
Frankfort, KY 40604-4266
Phone: (502) 564-1231
See also
External links
Footnotes
- ↑ 1.0 1.1 Kentucky Court of Justice, "Judicial Conduct Commission," accessed May 9, 2015
- ↑ Kentucky Courts, "Members of the Kentucky Judicial Ethics Committee"
- ↑ Kentucky Courts, "Public Information - Kentucky Constitution Section 121 Retirement and Removal," accessed September 26, 2014
- ↑ Kentucky Constitution, "History of Section 121"
- ↑ Judicial Conduct Commission, "Types of Judicial Misconduct," June 2013
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Federal courts:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Kentucky, Western District of Kentucky • U.S. Bankruptcy Court: Eastern District of Kentucky, Western District of Kentucky
State courts:
Kentucky Supreme Court • Kentucky Court of Appeals • Kentucky Circuit Courts • Kentucky District Courts • Kentucky Family Court
State resources:
Courts in Kentucky • Kentucky judicial elections • Judicial selection in Kentucky