SUPREME COURT OF KENTUCKY

KRS tit. IV, ch. 21A

in effect

KRS 21A.010 Supreme Court districts

21A.010. Supreme Court districts The Commonwealth is divided into seven (7) Supreme Court districts composed as follows: (1) First District: Ballard, Caldwell, Calloway, Carlisle, Christian, Crittenden, Daviess, Fulton, Graves, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenberg, Todd, Trigg, Union, and Webster Counties. (2) Second District: Allen, Barren, Breckinridge, Bullitt, Butler, Edmonson, Grayson, Hancock, Hardin, Hart, Larue, Meade, Monroe, Simpson, Spencer, Ohio, and Warren Counties. (3) Third District: Adair, Anderson, Bell, Boyle, Casey, Clinton, Cumberland, Garrard, Green, Harlan, Knox, Laurel, Lincoln, Marion, McCreary, Mercer, Metcalfe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne, and Whitley Counties. (4) Fourth District: Jefferson County. (5) Fifth District: Bourbon, Clark, Fayette, Franklin, Jessamine, Madison, Scott, and Woodford Counties. (6) Sixth District: Boone, Bracken, Campbell, Carroll, Gallatin, Grant, Henry, Kenton, Oldham, Owen, Pendleton, Shelby, and Trimble Counties. (7) Seventh District: Bath, Boyd, Breathitt, Carter, Clay, Elliott, Estill, Fleming, Floyd, Greenup, Harrison, Jackson, Johnson, Knott, Lawrence, Lee, Leslie, Letcher, Lewis, Magoffin, Martin, Mason, Menifee, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Robertson, Rowan, and Wolfe Counties. Effective:January 18, 2022 History: Amended 2022 Ky. Acts ch. 5, sec. 1, effective January 18, 2022. -- Amended 1991 2nd Extra. Sess. Acts Ch. 2, Sec. 1, effective December 20, 1991. -- Amended 1984 Ky. Acts ch. 185, sec. 2, effective April 3, 1984. -- Created 1976 Ky. Acts ch. 67, sec. 2, effective March 23, 1976.

KRS 21A.020 Election of justices, when held

21A.020. Election of justices, when held Elections for Justices of the Supreme Court shall be held at the regular elections, and every eight (8) years thereafter, as follows: (1) In the fifth district, in 1976; (2) In the third district, in 1978; (3) In the seventh district, in 1980; and (4) In the first, second, fourth and sixth districts, in 1982. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 3, effective March 23, 1976.

KRS 21A.030 Clerk of Supreme Court -- Appointment, duties, fee schedule, assistants -- Annual audit

21A.030. Clerk of Supreme Court -- Appointment, duties, fee schedule, assistants -- Annual audit (1) The clerk of the Supreme Court shall be appointed by the court to serve at its pleasure. The annual salary of the clerk shall be fixed by the General Assembly. (2) Before entering upon the duties of his office, the clerk shall take the oath of office prescribed by the Constitution. (3) The clerk shall perform such duties as the Supreme Court may assign, and shall be bonded to the Commonwealth, for faithful performance of duty, in such manner and in such amount as the Supreme Court shall determine. (4) The clerk may appoint assistants in the number and at the salaries fixed by the Supreme Court. (5) The Supreme Court shall adopt a seal. The clerk shall be the keeper of the seal and shall use it upon such documents as the Supreme Court may require. (6) A fee schedule for services rendered by the clerk shall be fixed by rule of the Supreme Court, except that charges to litigants for the reproduction of appellate records and briefs shall be fixed and administered by the clerk. All fees collected by the clerk shall be remitted to the State Treasury. (7) The Auditor of Public Accounts shall audit the financial accounts of the clerk at least once every year. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 4, effective March 23, 1976. Legislative Research Commission Note. Acts 1976, ch. 67, § 15, provides that KRS 21A.030(1) and (4) shall become effective on the first Monday in January, 1980, or on any earlier date upon which the constitutional office of clerk of the Supreme Court becomes vacant.

KRS 21A.040 Enforcement of mandates

21A.040. Enforcement of mandates The Supreme Court may enforce its mandates by fine or imprisonment, or both. History: Created 1976 Ky. Acts ch. 67, sec. 5, effective March 23, 1976.

KRS 21A.050 Reversal or modification of judgments -- Procedures for appeal

21A.050. Reversal or modification of judgments -- Procedures for appeal (1) A judgment, order or decree of a lower court may be reversed, modified or set aside by the Supreme Court for errors appearing in the record. (2) The method of bringing a judgment, order or decree of a lower court to the Supreme Court for review shall be established by Supreme Court rule. The procedures for appellate review shall be established by the Rules of Civil Procedure, Rules of Criminal Procedure and other rules promulgated by the Supreme Court. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 6, effective March 23, 1976.

KRS 21A.060 Effect of equal division of court

21A.060. Effect of equal division of court If the Supreme Court is equally divided in the decision of a case, the judgment, order or decree of the lower court shall stand affirmed. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 7, effective March 23, 1976.

KRS 21A.070 Publication of opinions

21A.070. Publication of opinions (1) All opinions of the Supreme Court shall be published. (2) The Supreme Court shall determine which opinions of the Court of Appeals and lower courts shall be published. (3) The Supreme Court shall select the method of publication and the publisher or publishers of the opinions of the Court of Justice. (4) There shall be no copyright of the opinions. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 8, effective March 23, 1976.

KRS 21A.080 Process, to whom directed

21A.080. Process, to whom directed The original or final process of the Supreme Court may be directed to the sheriff of any county. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 9, effective March 23, 1976.

KRS 21A.090 Security personnel and services for Court of Justice

21A.090. Security personnel and services for Court of Justice (1) At the request of the Chief Justice, the Governor may provide through the Department of Kentucky State Police such security personnel and services for the Supreme Court and Court of Appeals as shall be necessary. (2) When the Chief Justice, in his discretion, believes that local law enforcement personnel should be supplemented or superseded by the State Police, the Governor may provide through the Department of Kentucky State Police the necessary security personnel and services for any person or facility in the Court of Justice. (3) Department of Kentucky State Police officers serving the Court of Justice pursuant to subsection (1) or (2) of this section shall have statewide authority when performing any duty related to the Court of Justice. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 107, effective June 26, 2007. -- Amended 1978 Ky. Acts ch. 384, sec. 538, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 67, sec. 10, effective March 23, 1976.

KRS 21A.100 Court of Appeals records become Supreme Court records

21A.100. Court of Appeals records become Supreme Court records The records of the Court of Appeals involving proceedings before that court, prior to January 1, 1976, shall become part of the permanent records of the Supreme Court. Such records shall be given the same faith and credit as are records of the Supreme Court. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 11, effective March 23, 1976.

KRS 21A.110 Retired justice or judge serving as special judge -- Compensation -- Expenses

21A.110. Retired justice or judge serving as special judge -- Compensation -- Expenses Any retired justice or judge assigned to active judicial service pursuant to Section 110(5)(b) of the Constitution shall be compensated for his or her service as follows: (1) The salary for each day which the justice or judge serves shall be as set by the Supreme Court pursuant to KRS 48.195 and in accordance with its rules, not to exceed 1/260 of the annual salary for a Circuit Judge regardless of the judicial office in which he or she performs the judicial duties. (2) Necessary expenses incidental to the performance of the duties of such assignment shall be paid out of the State Treasury upon approval by the Chief Justice or his designee. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 12, sec. 1, effective June 24, 2015. -- Amended 1998 Ky. Acts ch. 447, sec. 1, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 67, sec. 12, effective March 23, 1976.

KRS 21A.120 Special justice of Supreme Court -- Qualifications -- Compensation -- Expenses

21A.120. Special justice of Supreme Court -- Qualifications -- Compensation -- Expenses (1) If it becomes necessary for the Governor to appoint a justice to the Supreme Court pursuant to Section 110(3) of the Constitution, a person so appointed shall possess the qualifications of a Supreme Court Justice. (2) The salary for each day which the justice serves shall be 1/250 of the annual salary of a Justice of the Supreme Court, except that a retired justice or judge appointed pursuant to this section shall be compensated as provided by KRS 21A.110 and not under this section. (3) Salary and necessary expenses incidental to the performance of the duties of such assignment shall be paid out of the State Treasury upon approval by the Chief Justice, or his designee. Effective: March 23, 1976 History: Created 1976 Ky. Acts ch. 67, sec. 13, effective March 23, 1976.

KRS 21A.130 Board of Bar Examiners -- Compensation and expenses

21A.130. Board of Bar Examiners -- Compensation and expenses (1) To assist in the evaluation of applicants for admission to the practice of law, the Supreme Court may appoint a Board of Bar Examiners. (2) The Supreme Court shall make reasonable allowances to each member of the Board of Bar Examiners for his services, for necessary clerical assistance and for necessary expenses incurred in the performance of his duties, such allowances to be paid at such times as the court directs. The court may make allowances to other persons for services and expenses necessary or proper in connection with the conducting of examinations of applicants for admission to practice law. The allowances provided for in this subsection shall be paid out of such appropriation as is made for the purpose. History: Created 1976 Ky. Acts ch. 58, secs. 3 and 4(2).

KRS 21A.140 Disposition of fees paid for admission to practice of law

21A.140. Disposition of fees paid for admission to practice of law Any fees fixed by the Supreme Court to be paid by applicants for admission to the practice of law and for the issuance of a license to practice law shall be promptly paid into the State Treasury by the person, officer, or agency designated by the Supreme Court to receive or collect the fees. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 348, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 87, sec. 2, effective July 15, 1994. -- Created 1976 Ky. Acts ch. 58, sec. 4(1).

KRS 21A.150 Powers of Kentucky Bar Association in disciplinary proceedings

21A.150. Powers of Kentucky Bar Association in disciplinary proceedings As deemed necessary in the exercise of its power to discipline attorneys, as granted by Section 116 of the Constitution, the Supreme Court may authorize the Kentucky Bar Association to conduct hearings, administer necessary oaths, take testimony under oath, compel the attendance of witnesses, and compel the production of records and other evidence. History: Created 1976 Ky. Acts ch. 58, sec. 5.

KRS 21A.160 Organization and control of state bar vested in Supreme Court

21A.160. Organization and control of state bar vested in Supreme Court The Supreme Court has power to provide for the organization, government and membership of the state bar of Kentucky and to adopt rules and regulations to govern conduct and activity of the state bar and its members. History: Created 1976 Ky. Acts ch. 58, sec. 6.

KRS 21A.170 In-service training for judges, domestic relations commissioners, and trial commissioners on child sexual abuse, domestic violence, and crimes against the elderly

21A.170. In-service training for judges, domestic relations commissioners, and trial commissioners on child sexual abuse, domestic violence, and crimes against the elderly The Supreme Court shall provide, at least once every two (2) years, in-service training programs for Circuit Judges, District Judges, and domestic relations and trial commissioners in: (1) Child development, the dynamics of physical and sexual abuse, the impact of violence on child development, the treatment of offenders, and related issues; (2) 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; and (3) Dynamics of crimes against the elderly, including but not limited to elder abuse, neglect, and exploitation; the effects of these crimes on the elderly, institutions in which they may reside, and their families; legal remedies for protection; lethality and risk issues; financial implications; model protocols for addressing elder abuse, neglect, and exploitation and other crimes against the elderly; available community resources and victims services; and reporting requirements. Each Circuit Judge, District Judge, and trial and domestic relations commissioner shall successfully complete the training prescribed by the Supreme Court by rule. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 132, sec. 15, effective June 20, 2005. -- Amended 1996 Ky. Acts ch. 54, sec. 10, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 351, sec. 8, effective July 14, 1992.

KRS 21A.180 Training for judges, domestic relations commissioners, and trial commissioners on adult abuse, neglect, and exploitation investigations and prosecutions

21A.180. Training for judges, domestic relations commissioners, and trial commissioners on adult abuse, neglect, and exploitation investigations and prosecutions The Administrative Office of the Courts, under the direction of the Supreme Court, shall develop training for Circuit Judges, District Judges, and domestic relations and trial commissioners on investigation and prosecution of cases of adult abuse, neglect, and exploitation and on the investigation and services provided under KRS Chapter 209. This multidisciplinary training shall specify the roles and responsibilities of Circuit Judges, District Judges, and domestic relations and trial commissioners, and employees in their respective offices, with respect to the investigations and prosecutions of these cases. Effective: June 20, 2005 History: Created 2005 Ky. Acts ch. 132, sec. 14, effective June 20, 2005.

KRS 21A.190 Pilot project to study the feasibility and desirability of conducting some open juvenile proceedings

21A.190. Pilot project to study the feasibility and desirability of conducting some open juvenile proceedings (1) The General Assembly respectfully requests that the Supreme Court of Kentucky institute a pilot project to study the feasibility and desirability of the opening or limited opening of court proceedings, except for proceedings related to sexual abuse, to the public which are related to: (a) Dependency, neglect, and abuse proceedings under KRS Chapter 620; and (b) Termination of parental rights proceedings under KRS Chapter 625. (2) (a) The pilot project may be established in a minimum of three (3) diverse judicial districts or judicial circuits or a division or divisions thereof chosen by the Chief Justice. (b) A pilot project authorized by this subsection shall not be established in a judicial district or judicial circuit or a division thereof when objected to by the applicable judge or county attorney. (3) The pilot project shall: (a) Require participating courts to be presumptively open; (b) Last for four (4) years, unless extended or limited by the General Assembly; and (c) Be monitored and evaluated by the Administrative Office of the Courts to determine: 1. Whether there are adverse effects resulting from the opening of certain proceedings or release of records; 2. Whether the pilot project demonstrates a benefit to the litigants; 3. Whether the pilot project demonstrates a benefit to the public; 4. Whether the pilot project supports a determination that such proceedings should be presumptively open; 5. Whether the pilot project supports a determination that such proceedings should be closed; 6. How open proceedings under the pilot project impact the child; 7. The parameters and limits of the program; 8. Suggestions for the operation and improvement of the program; 9. Rules changes which may be needed if the program is to be made permanent and expanded to all courts; and 10. Recommendations for statutory changes which may be needed if the program is to be made permanent and expanded to all courts. (4) The Administrative Office of the Courts: (a) Shall provide an annual report to the Legislative Research Commission and the Interim Joint Committee on Judiciary by September 1 of each year the program is in operation with statistics, findings, and recommendations; and (b) May make periodic progress reports and statistical reports and provide suggestions to the Interim Joint Committee on Families and Children and to the Interim Joint Committee on Judiciary when determined necessary by the Chief Justice. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 2, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 211, sec. 20, effective January 1, 2023; and ch. 223, sec. 4, effective January 1, 2023. -- Amended 2018 Ky. Acts ch. 159, sec. 48, effective July 14, 2018. -- Created 2016 Ky. Acts ch. 76, sec. 1, effective July 15, 2016.

KRS 21A.192 Procedures for courts participating in pilot project authorized by KRS 21A.190

21A.192. Procedures for courts participating in pilot project authorized by KRS 21A.190 (1) A court chosen for the pilot project authorized by KRS 21A.190 shall, subject to written authorization by the Chief Justice: (a) Open all or some of its proceedings to the public relating to cases identified in KRS 21A.190(1), subject to subsection (2) of this section; (b) Set parameters for members of the public related to attendance at open proceedings and the information obtained during the proceedings; and (c) Establish a procedure to require each member of the public attending a proceeding not to disclose the name or personal identifying information regarding any person who is a party to the proceeding, or person testifying at the proceeding. (2) (a) A court chosen for the pilot project authorized by KRS 21A.190 may close the hearing or any part thereof upon motion of a party or upon its own motion if the court determines that closure is in the best interest of the child, the public, or for other good cause shown. The party seeking closure shall have the burden of proof. (b) In considering whether closure of a hearing is in the best interest of the child or the public, the court shall give priority to the best interest of the child. The court shall also consider all relevant circumstances of the case, including but not limited to: 1. The nature of the allegations; 2. The age and maturity level of the child; 3. The benefit to the child, family, and public of maintaining confidentiality; 4. The benefit to the public of an open hearing; 5. The effect of confidentiality on the fact-finding process; 6. The wishes of the parties, victims, and the parents of any children involved in the case; and 7. Whether reasonable alternatives to closure are available. (c) The court shall make written findings of fact and conclusions of law to support an order of closure, and any order of closure shall be no broader than is necessary to protect the interests asserted by the party seeking closure. (3) Unless otherwise authorized by law, a court chosen for the pilot project authorized by KRS 21A.190 shall not: (a) Release any record discussed at any open proceeding authorized by KRS 21A.190, prior to, at, or after the proceeding which is made confidential pursuant to law; (b) Permit audio, visual, or other recording of the proceedings by any person who is attending the proceeding, a party to the proceeding, or testifying at the proceeding; (c) Permit any audio, visual, or other recording of the proceedings for official court purposes to be made a public record, copied, or released to the public; or (d) Permit any member of the public attending the proceeding, who is not a party to the proceeding, or who is not testifying at the proceeding, to disclose the name or personal identifying information of any person who is a party to a proceeding or testifying at a proceeding, outside of the courtroom. (4) A person may take written notes during a hearing, as provided in KRS 21A.190, and remove them from the courtroom following the hearing, provided that no name or personal identifying information of any minor who is a party to the proceeding or testifying at the proceeding shall be taken from the courtroom. The provisions of this subsection are not intended to apply to, and shall not limit the use or publication of, any information obtained by means other than attendance at a proceeding authorized by this section. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 76, sec. 2, effective July 15, 2016.

KRS 21A.300 Prohibition against solicitation of professional employment from victim or relative of victim of accident or disaster

21A.300. Prohibition against solicitation of professional employment from victim or relative of victim of accident or disaster (1) Notwithstanding KRS 21A.160, for a period of thirty (30) days following the filing of a criminal or civil action, or claim for damages, or a traffic citation, injury, accident, or disaster, an attorney or an attorney referral service shall be subject to the following prohibition. An attorney or an attorney referral service shall not directly solicit, or knowingly permit another person to directly solicit on his or its behalf, a victim of the accident or disaster, or a relative of the victim, for the purpose of obtaining professional employment relating to a criminal or civil action, or claim for damages, arising out of the traffic citation, injury, accident, or disaster. (2) Notwithstanding KRS 21A.160, an attorney shall not knowingly accept a referral from an attorney referral service when that referral has resulted from the attorney referral service violating the prohibition established in subsection (1) of this section. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 192, sec. 1, effective July 15, 1996.

KRS 21A.310 Penalties for violation of KRS 21A.300

21A.310. Penalties for violation of KRS 21A.300 (1) Notwithstanding KRS 21A.160, any person violating any provision of KRS 21A.300 shall, upon conviction, be guilty of a Class A misdemeanor. (2) The Kentucky Supreme Court may discipline any attorney who violates any provision of KRS 21A.300. (3) A penalty may be imposed on an attorney pursuant to subsection (1) of this section, subsection (2) of this section, or both subsections. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 46, sec. 4, effective June 24, 2015. -- Amended 2011 Ky. Acts ch. 69, sec. 2, effective June 8, 2011. -- Created 1996 Ky. Acts ch. 192, sec. 2, effective July 15, 1996.

KRS 21A.320 Permissible types of solicitation

21A.320. Permissible types of solicitation Nothing contained in KRS 21A.300 and 21A.310 shall prohibit an attorney or attorney referral service from: (1) Soliciting employment by advertising directed to the general public; or (2) Accepting representation of a client who has contacted the lawyer as the result of a recommendation or referral by a friend, neighbor, relative, or acquaintance not acting at the specific request or instigation of: (a) The lawyer; or (b) Anyone acting, with the lawyer's actual knowledge, on the lawyer's behalf. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 192, sec. 3, effective July 15, 1996.

KRS 21A.350 Weighted caseload analysis of need to increase, decrease, or rearrange circuits or districts or reallocate judges -- Certification of necessity

21A.350. Weighted caseload analysis of need to increase, decrease, or rearrange circuits or districts or reallocate judges -- Certification of necessity (1) Beginning in 2020 and every eight (8) years thereafter, the Supreme Court may direct the Administrative Office of the Courts to perform a weighted caseload analysis to determine the need to reduce, increase, or rearrange the Commonwealth's judicial circuits and districts, to reallocate the assignment of judges, or to modify the number of judges relative to their respective populations or caseloads. This analysis shall include caseload totals by case type and case weight and the total number of judges necessary for the Commonwealth's judicial circuits and districts. (2) The Supreme Court shall submit any weighted caseload analysis performed under subsection (1) of this section to the General Assembly by December 31 of the year in which the analysis is performed. If the analysis indicates a need to reduce, increase, or rearrange the judicial circuits or districts, to reallocate the assignment of judges, or to modify the number of judges due to population or caseload changes, a certification of necessity shall be submitted as required by Sections 112 and 113 of the Constitution of Kentucky, which may include a proposed redrawing of circuit or district boundaries, reallocation of the assignment of judges, or modification of the number of judges. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 57, sec. 1, effective July 14, 2018.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37147Fetched: 10/20/2026