COURT PERSONNEL

KRS tit. IV, ch. 30A

in effect

KRS 30A.010 Clerk defined -- Duties coextensive with Commonwealth -- Subject to administrative control of Chief Justice

30A.010. Clerk defined -- Duties coextensive with Commonwealth -- Subject to administrative control of Chief Justice (1) For the purpose of KRS 30A.010 to 30A.190, "clerk" means the Circuit Court clerk serving in his capacity as clerk of both the Circuit Court and the District Court. (2) As personnel within the Court of Justice, clerks are state officers whose duties are coextensive with the Commonwealth, and who are subject to the administrative control of the Chief Justice. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 1, effective January 2, 1978.

KRS 30A.015 Domestic violence training for circuit clerks and deputy clerks

30A.015. Domestic violence training for circuit clerks and deputy clerks (1) The Administrative Office of the Courts, under the direction of the Supreme Court, shall provide initial training courses and, at least once every two (2) years, continuing education courses for circuit clerks and deputy clerks concerning the dynamics of domestic violence, effects of domestic violence on adult and child victims, legal remedies for protection, lethality and risk issues, model protocols for addressing domestic violence, available community resources and victims services, and reporting requirements. The training shall be developed in consultation with legal, victims services, victim advocacy, and mental health professionals with an expertise in domestic violence. (2) Each clerk and deputy clerk shall successfully complete the training prescribed by the Supreme Court by rule. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 54, sec. 11, effective July 15, 1996.

KRS 30A.020 Oath of clerk and deputies

30A.020. Oath of clerk and deputies Every clerk and deputy, in addition to the oath prescribed by Section 228 of the Constitution, shall, before entering on the duties of his office, take the following oath in presence of the Circuit Court: "I, ....., do swear that I will well and truly discharge the duties of the office of .............. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God." The fact that the oath has been administered shall be entered on the record of the Circuit Court. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 2, effective January 2, 1978.

KRS 30A.030 Bond of clerks, deputies, and other personnel

30A.030. Bond of clerks, deputies, and other personnel (1) All clerks, deputy clerks, and other persons employed in the office of the clerk shall be bonded to the Commonwealth for the faithful performance of their duties and for the accounting of all funds which may come into their hands by virtue of their office. They shall be covered by the blanket bond for all elected or appointed state officials. (2) No other bond shall be required for performance of duty by the clerk, and any statute to the contrary is repealed to the extent of the conflict. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 3, effective January 2, 1978.

KRS 30A.040 Office in each county -- Branch offices -- Office hours

30A.040. Office in each county -- Branch offices -- Office hours Every Circuit Court and every District Court shall have a clerk's office in each county, and shall have such branch offices within the county as are approved by the Supreme Court. Minimum office hours of the clerk's offices shall be determined by the Supreme Court. Effective: March 19, 1977 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 4, effective March 19, 1977.

KRS 30A.050 Number and qualifications of deputy clerks and employees -- Power of deputy clerks -- Compensation

30A.050. Number and qualifications of deputy clerks and employees -- Power of deputy clerks -- Compensation (1) The number and qualifications of deputy clerks and other employees in the office of each clerk shall be determined by the Administrative Office of the Courts after consultation with the clerk concerned. All deputies and employees of the clerk's office shall be employees of the Commonwealth. (2) Deputy circuit clerks, authorized by and under the direction of the circuit clerk, shall have full power to perform such duties as may be performed by the circuit clerk; and any act of a deputy clerk is entitled to the same faith and credit as that of the clerk. (3) Deputy clerks and all other employees in the office of the clerk shall be compensated according to the pay schedule established by the Judicial Personnel System. (4) The clerk may employ and dismiss such deputies and other employees. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 5, effective January 2, 1978.

KRS 30A.055 Repealed, 2007

30A.055. Repealed, 2007 Catchline at repeal: Automated warrant system. History: Repealed 2007 Ky. Acts ch. 85, sec. 334, effective June 26, 2007. -- Created 1998 Ky. Acts ch. 606, sec. 34, effective July 15, 1998.

KRS 30A.060 Clerk to prepare bonds and to refuse insufficient surety -- Authorization for preparation and acceptance of bail bonds by other public officers or employees

30A.060. Clerk to prepare bonds and to refuse insufficient surety -- Authorization for preparation and acceptance of bail bonds by other public officers or employees (1) Each clerk shall prepare in a proper manner every bond to be taken by or given before him or his court. (2) The clerk shall refuse any surety offered in a bond to be taken by him who is, in his opinion, insufficient. (3) The clerk shall prepare bail bonds as required by subsection (1) of this section; however, additional public officials and their employees shall be authorized by rule or order of the Chief Circuit Judge to prepare and accept bail bonds to be taken by the clerk or for his court. Such bail bonds shall have the same validity as if prepared or taken by the clerk. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 367, sec. 1, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 89, sec. 3, effective July 14, 1992. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 6, effective March 19, 1977.

KRS 30A.070 Clerk may administer oaths and take affidavits

30A.070. Clerk may administer oaths and take affidavits Every clerk may administer oaths, in or out of court, touching any matter in which an oath may be legally administered, and may take any affidavit requested or permitted in the progress of a proceeding in his court. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 7, effective January 2, 1978.

KRS 30A.080 Maintenance of records -- Removal from county -- Transfer by rule or order of Supreme Court

30A.080. Maintenance of records -- Removal from county -- Transfer by rule or order of Supreme Court (1) Every clerk shall maintain all records, files, dockets, and indexes as are prescribed by statute or rule. (2) All necessary record books and all necessary supplies required by the clerk's office shall be procured through the Administrative Office of the Courts and paid for by the Court of Justice. (3) No clerk shall permit the records or papers of his office to be taken out of his office except in case of invasion or insurrection, or other catastrophe, or pursuant to rule or order of court, and then he shall cause them to be returned as soon as the necessity for the removal ceases to exist. (4) Records may be permanently transferred from the clerk's office by rule or order of the Supreme Court. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 606, sec. 35, effective July 15, 1998. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 8, effective January 2, 1978.

KRS 30A.090 Collection of fees or charges

30A.090. Collection of fees or charges (1) Unless the plaintiff has established his right to prosecute as a poor person as provided by statute or rule, each clerk shall, when a proceeding is filed in his court, collect the filing fee fixed by law. He shall also collect any charges which have accrued during the progress of the action. (2) The clerk shall collect all other fees required by law or court rule or order. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 9, effective January 2, 1978.

KRS 30A.100 Assessment of costs

30A.100. Assessment of costs At the termination of an action, every clerk shall assess the costs of each party and file it with the case. The assessment shall be subject to correction by the court by motion upon notice given. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 10, effective January 2, 1978.

KRS 30A.110 Payment of jurors and witnesses -- Clerk's liability for advancements -- Reports to the Finance and Administration Cabinet -- Penalty

30A.110. Payment of jurors and witnesses -- Clerk's liability for advancements -- Reports to the Finance and Administration Cabinet -- Penalty (1) Each clerk shall pay to each juror and to each witness the compensation allowed to him by law, under appropriations provided by the General Assembly and in accordance with procedures governing expenditures from appropriations. The clerk shall take a receipt for each payment made by him showing the date on which payment is made. A canceled check shall be the equivalent of a receipt. For the purpose of providing for such payments, the State Treasurer, on direction of the Finance and Administration Cabinet, shall advance to each clerk two (2) imprest funds: one for the payment of jurors which shall be sufficient for the period of service of each grand or petit jury panel, or both, but not to exceed a period of sixty (60) days; the other for the payment of Commonwealth witnesses, which shall be sufficient for a period of time not to exceed sixty (60) days. (2) Each clerk shall be liable on the clerk's official bond to account for the full amounts advanced to the clerk under this section. Each clerk shall file a separate statement concerning each imprest fund with the Finance and Administration Cabinet, in such form as the cabinet prescribes, showing the amounts disbursed since the last preceding report, accompanied by a copy of the canceled check, or a receipt for each amount disbursed signed by the person to whom it was paid, and showing the date of the payment and such other information as the cabinet prescribes. These reports shall be forwarded to the cabinet within thirty (30) days after the end of the period for which funds are advanced. (3) Any clerk who fails to comply with the provisions of subsection (2) of this section shall be required to pay a penalty of five percent (5%) of all funds not so paid or accounted for. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 252, sec. 11, effective July 15, 2002. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 11, effective January 2, 1978.

KRS 30A.120 Collection of fines and forfeitures -- Semimonthly reports and payments to the Finance and Administration Cabinet -- Delinquency

30A.120. Collection of fines and forfeitures -- Semimonthly reports and payments to the Finance and Administration Cabinet -- Delinquency (1) Every clerk shall collect all fines and forfeitures imposed in District and Circuit Court, and shall issue receipts therefor. (2) At the close of business daily the clerk in each county shall deposit in a bank designated as a state depository the proceeds from fines and forfeitures, and within three (3) working days after the first and fifteenth of each month submit to the Finance and Administration Cabinet a report listing all fines and forfeitures collected, and shall pay over to the cabinet in the manner prescribed by the cabinet at the same time all costs, fines, forfeitures, and other moneys so reported. (3) Upon the failure of the clerk to submit to the cabinet, within the prescribed period, the required report and to pay over, at the same time, the costs, fines, forfeitures and other moneys collected, the cabinet shall immediately notify the Auditor of Public Accounts that the clerk concerned is delinquent in the matter. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 12, effective January 2, 1978.

KRS 30A.125 Circuit clerk to report final disposition of criminal case to Administrative Office of the Courts -- Update of database within ninety days of disposition

30A.125. Circuit clerk to report final disposition of criminal case to Administrative Office of the Courts -- Update of database within ninety days of disposition Each circuit clerk shall submit to the Administrative Office of the Courts, in a manner prescribed by the Administrative Office of the Courts, the final court disposition. Said disposition shall be inclusive of regulatory violations and traffic cases which are not subject to prepayment. The Administrative Office of the Courts shall update their database within ninety (90) days of the disposition. The update shall include information from the: (1) Offender level; (2) Prosecution/grand jury level; (3) Court disposition level; (4) Sentencing level; and (5) Informational and evaluational level. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 389, sec. 24, effective July 15, 1986.

KRS 30A.130 Certification of copies of documents and records

30A.130. Certification of copies of documents and records Every clerk shall prepare, attest and certify copies of all documents and records in his office upon payment of the charge established by statute. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 13, effective January 2, 1978.

KRS 30A.140 Additional duties of clerk

30A.140. Additional duties of clerk Every clerk shall perform such additional duties as may be prescribed by statute or court rule. Effective: March 19, 1977 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 14, effective March 19, 1977.

KRS 30A.145 Clerks to send notices to State Board of Elections on incompetency determinations -- Administrative Office of the Courts to monthly report the names of persons excused from jury duty to the Attorney General, United States Attorney, and State Board of Elections

30A.145. Clerks to send notices to State Board of Elections on incompetency determinations -- Administrative Office of the Courts to monthly report the names of persons excused from jury duty to the Attorney General, United States Attorney, and State Board of Elections (1) Each circuit clerk shall send certified notices of incompetency to the State Board of Elections within ten (10) days after the determination has become final with regard to any person before the courts of the county. (2) The Administrative Office of the Courts shall prepare, on the first Tuesday of each month, a list of all persons who were excused from jury duty for not being a citizen of the United States and provide the list to the Attorney General, the United States Attorney of the appropriate jurisdiction, and the State Board of Elections. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 177, sec. 1, effective July 15, 2024. -- Created 1988 Ky. Acts ch. 341, sec. 4, effective July 15, 1988.

KRS 30A.150 Vacancy in office of clerk -- Appointment of successor

30A.150. Vacancy in office of clerk -- Appointment of successor Whenever a vacancy occurs in the office of the clerk, the chief judge of the judicial circuit shall within thirty (30) days appoint a qualified successor to the office who shall serve until replaced as provided by Section 152 of the Constitution. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 15, effective January 2, 1978.

KRS 30A.160 Delivery of books and records to successor

30A.160. Delivery of books and records to successor Upon the resignation, removal from office or expiration of the term of office of a clerk, he shall immediately deliver to his successor, or such other person as the court orders, all books, records, and other papers belonging to his office. For failure to do so he shall be guilty of a Class A misdemeanor. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 16, effective January 2, 1978.

KRS 30A.170 Clerk ex officio a special circuit clerk of Commonwealth

30A.170. Clerk ex officio a special circuit clerk of Commonwealth Each circuit clerk shall be, ex officio, a special circuit clerk of the Commonwealth, and as such shall perform the duties and services required by KRS 30A.180, at such time and places, coextensive with the Commonwealth, as required by the Chief Justice. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 17, effective January 2, 1978.

KRS 30A.180 Assignment as special circuit clerk to fill vacancy

30A.180. Assignment as special circuit clerk to fill vacancy In the event of a vacancy in the office of circuit clerk in any county, the Chief Justice may assign any other circuit clerk in the Commonwealth as special circuit clerk to fill the vacancy for a period not to exceed thirty (30) days, or until a person is appointed to fill the vacancy as provided by law, whichever occurs first. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 18, effective January 2, 1978.

KRS 30A.190 Accounting by circuit clerk for all fines, fees, forfeitures, and costs collected

30A.190. Accounting by circuit clerk for all fines, fees, forfeitures, and costs collected All fees, fines, forfeitures, and costs in any District Court or Circuit Court case shall be collected and accounted for by the Circuit Court clerk and paid into the State Treasury, except that: (1) Sixty percent (60%) of any fines imposed for the violation of KRS Chapter 150 or KRS Chapter 235 shall when collected be paid into the fish and game fund; (2) Sixty percent (60%) of any fines imposed for the violation of KRS 433.753, 433.757, or 512.070 shall when collected be paid to the county in which the violation occurred; (3) Forty percent (40%) of any fines imposed for the violation of KRS 433.753, 433.757, or 512.070 shall, when collected, be paid to the agency issuing the citation; and (4) One hundred percent (100%) of any fines imposed for the violation of KRS 224.40- 100(5) and 224.99-010(10) shall, when collected, be transferred to the treasurer of the county in which the violation occurred. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 137, sec. 1, effective June 29, 2021. -- Amended 2002 Ky. Acts ch. 342, sec. 7, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 275, sec. 11, effective July 15, 1998. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 25, effective January 2, 1978.

KRS 30A.200 Moneys deposited with court clerks and payable to a third person

30A.200. Moneys deposited with court clerks and payable to a third person All moneys which are deposited with the clerk and which are payable to a third person, not the Commonwealth, or which may become payable to such third person as a result of court action or otherwise shall: (1) Be logged in the appropriate record of the clerk and the person paying or depositing the money shall be given a receipt; (2) Be deposited daily in a bank approved as a state depository bank in a special escrow account or accounts subject to the clerk's withdrawal as required in the daily course of the clerk's business or as may be ordered by a court; and (3) Not be subject to the provisions of KRS Chapter 41 relating to the deposit of money in the State Treasury until by action of a court, such as forfeiture of a bond, the money is due and owing to the Commonwealth. Effective: August 1, 2002 History: Amended 2002 Ky. Acts ch. 183, sec. 7, effective August 1, 2002. -- Amended 1998 Ky. Acts ch. 563, sec. 1, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 200, sec. 1, effective June 17, 1978.

KRS 30A.205 Interest on deposits

30A.205. Interest on deposits (1) The bank accounts of the circuit clerk authorized by KRS 30A.200 shall accrue interest at such rate per annum upon the average daily deposit on hand at the close of banking hours as may be agreed upon by the bank and the Chief Justice or his designee. Interest accrued shall not be at a rate less than the interest paid on similar accounts of the Commonwealth in that bank. (2) Interest shall accrue to the state and be paid to the State Treasury by the circuit clerk every six (6) months in the same manner as other moneys due the state. (3) For services rendered by the depositories there shall be no charges made of any character or description. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 200, sec. 2, effective June 17, 1978.

KRS 30A.210 Rules

30A.210. Rules The Supreme Court shall issue rules relating to the receipt, handling, deposit, and disbursal of moneys by the circuit clerk which are held in accounts covered by KRS 30A.200. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 200, sec. 3, effective June 17, 1978.

KRS 30A.250 Expenditure of funds for liability insurance

30A.250. Expenditure of funds for liability insurance The Court of Justice may expend funds necessary to insure circuit clerks and their deputies against any liability arising out of an act or omission committed in the scope and course of performing legal duties. Effective: May 12, 1979 History: Created 1979 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 4, effective May 12, 1979.

KRS 30A.260 Payment to clerk by debit or credit card account -- Imposition of fee if check or sight order dishonored

30A.260. Payment to clerk by debit or credit card account -- Imposition of fee if check or sight order dishonored (1) A clerk may, but shall not be required to, accept payment of any fine, forfeiture, tax, or fee by debit or credit card account. If an individual chooses to pay a fine, forfeiture, tax, or fee by debit or credit card account, the clerk may recover the transaction fee charged by the issuer or acquirer of the account as part of and in addition to the original amount of the fine, forfeiture, tax, or fee. (2) Where a check or similar sight order for the payment of money is tendered to a clerk for payment of any fine, forfeiture, tax, or fee and that check or sight order is subsequently dishonored, the clerk may charge to the person who tendered the check or sight order a fee, not exceeding twenty-five dollars ($25), in an amount set by the Supreme Court by rule. (3) Fees collected under subsection (2) of this section shall be deposited into the general fund. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 237, sec. 1, effective July 12, 2006.

KRS 30A.300 Secretaries for Circuit Courts and District Courts

30A.300. Secretaries for Circuit Courts and District Courts (1) Each Circuit Judge may appoint a secretary for his circuit. (2) Each secretary shall serve at the pleasure of the judge. (3) The secretary shall meet the qualifications for the position established by the Judicial Personnel System. (4) The secretary shall be compensated according to the salary schedule established for such positions in the Judicial Personnel System. (5) Where there is a documented and demonstrable need for secretarial services for a District Court, the Chief District Judge may request the Chief Justice to authorize the employment of a secretary or secretaries by the Chief District Judge, either on a permanent or temporary basis. Effective: March 19, 1977 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 46, effective March 19, 1977.

KRS 30A.310 Authorization for appointment or employment of court personnel

30A.310. Authorization for appointment or employment of court personnel The Chief Justice, through the Administrative Office of the Courts, may authorize the appointment or employment by the chief judge of such secretaries, court reporters, interpreters, court administrators, friends of the court, and other personnel demonstrated as being necessary to the proper and efficient operation of the Court of Justice or any court which is a component thereof. Persons so authorized to be employed or appointed shall be compensated and classified according to the Judicial Personnel System. Effective: March 19, 1977 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 47, effective March 19, 1977.

KRS 30A.400 Interpreters -- Appointment -- Hearing to determine need

30A.400. Interpreters -- Appointment -- Hearing to determine need (1) If a person has been detained in police custody or has been arrested, an interpreter shall be provided prior to any interrogation or taking of a statement from the person if the court determines he meets the criteria set forth in KRS 30A.410. (2) Any statement made by a person who is entitled to the services of an interpreter under subsection (1) of this section to a law enforcement officer may be used as evidence against that person only if the statement was made, offered, or elicited in the presence of a qualified interpreter. This subsection shall not deny a person the right to make a voluntary confession. (3) If the eligibility of the individual for an interpreter is challenged, the judge may, on good cause shown, hold a hearing to determine the bona fide need for interpreter services. (4) If it is determined that the person is not entitled to these services, no portion of KRS 30A.425 to 30A.435 shall apply to him. Effective: July 15, 1994. History: Amended 1994 Ky. Acts ch. 405, sec. 7, effective July 15, 1994; and ch. 452, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 5, effective July 14, 1992. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 64, effective January 2, 1978. Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 405 and 452 which do not appear to be in conflict and have been codified together.

KRS 30A.405 Qualifications of interpreter -- Standards

30A.405. Qualifications of interpreter -- Standards (1) Any person appointed as interpreter pursuant to this chapter shall be qualified by training or experience to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. (2) The Supreme Court shall prescribe standards, such as national certification, for appointment, qualifications, duties, and other matters relating to interpreters. In the area of providing interpreters for persons who are deaf or hard of hearing as described under KRS 30A.410(1)(a), the standards shall be established after consultation with the Kentucky Commission on the Deaf and Hard of Hearing, the Kentucky Registry of Interpreters for the Deaf, and the Kentucky Association of the Deaf. (3) These rules and standards shall be administered by the Administrative Office of the Courts. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 452, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 6, effective July 14, 1992. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 65, effective January 2, 1976.

KRS 30A.410 When interpreter shall be provided -- Removal

30A.410. When interpreter shall be provided -- Removal (1) The court in any matter, criminal or civil, shall appoint a qualified interpreter or interpreters, to be paid out of the State Treasury, for the following categories of persons, whether they are parties, jurors, or witnesses: (a) Persons who because of deafness or hard of hearing: 1. Use sign language, such as pidgin, signed English, American Sign Language, or gestures; or 2. Are oral/aural and use interpreters and assistive technology, as their primary mode of communication; (b) Persons who cannot communicate in English; and (c) Any other person who has, in the opinion of the court, another type of disability which will prevent him from properly understanding the nature of the proceedings or substantially prejudice his rights. (2) Upon request of the person for whom the interpreter is appointed, or on the court's own motion, an interpreter may be removed for inability to communicate with the person, or if for reasonable cause another interpreter is so desired by the person for whom the interpreter is appointed, or because the services of an interpreter are not desired by the person. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 452, sec. 3, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 144, sec. 7, effective July 14, 1992. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 66, effective January 2, 1978.

KRS 30A.415 Responsibility for payment for interpreter's services

30A.415. Responsibility for payment for interpreter's services (1) In criminal or civil cases, the Court of Justice shall be responsible for payment, including ordinary and reasonable expenses, for interpretive services for court appearances. (2) In any case in which the interpreter is providing services out of court, even though that service relates to a pending court case, the agency requiring the services of the interpreter shall be responsible for payment. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 452, sec. 4, effective July 15, 1994. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 67, effective January 2, 1978.

KRS 30A.420 Payment out of State Treasury

30A.420. Payment out of State Treasury In cases where compensation by the state is required or permitted interpreters' fees and ordinary and reasonable expenses shall be paid out of the State Treasury according to the pay schedule of the Judicial Personnel System. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 68, effective January 2, 1978.

KRS 30A.425 Duties of interpreter

30A.425. Duties of interpreter The duties of the interpreter may include: (1) Interpreting during court and court-related proceedings, including any and all meetings and conferences between client and his attorney; (2) Translating or interpreting documents; (3) Assisting in taking depositions; (4) Assisting in administering oaths; (5) Such other duties as may be required by the judge of the court making the appointment. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 69, effective January 2, 1978.

KRS 30A.430 Interpreter not to be examined as witness -- Other privileged communications

30A.430. Interpreter not to be examined as witness -- Other privileged communications Every person who acts as an interpreter in circumstances involving the arrest, police custody or other stage in a criminal, civil, or other matter of a person coming under KRS 30A.410 shall not be examined as a witness regarding conversations between that person and his attorney, when the conversations would otherwise be subject to the attorney-client privilege, without the consent of that person. Interpreters shall not be required to testify regarding any other privileged communications without the consent of the person for whom they are interpreting. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 452, sec. 5, effective July 15, 1994. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 70, effective January 2, 1978.

KRS 30A.435 Use of equipment by interpreter or disabled person -- Approval required

30A.435. Use of equipment by interpreter or disabled person -- Approval required (1) In the performance of his duties the interpreter may utilize electronic recording, foreign language translation, and other equipment. A person who is deaf, hard of hearing, or speech impaired may elect to use assistive technology in lieu of or in addition to the services of an interpreter. (2) If the equipment sought to be used is of the type approved by the Administrative Office of the Courts, no further approval is required before the equipment may be used in court or court-related matters. (3) If the equipment is of a type for which no approval has been issued by the Administrative Office of the Courts, the use of the equipment for court or court- related matter shall be approved in writing and in advance by the director of the Administrative Office of the Courts or his designee or by the judge making the appointment. (4) If the equipment is of a type which has been disapproved by the Administrative Office of the Courts, it shall not be used in any court or court-related matter. (5) All equipment utilized in court or court-related matters shall be in proper mechanical and working order and shall be fit for the intended use. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 452, sec. 6, effective July 15, 1994. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 71, effective January 2, 1978.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37174Fetched: 10/20/2026