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Frequently Asked Questions

How do I file a complaint against a judge?
The Judicial Conduct Commission was created by the Court of Justice to receive, and when appropriate, investigate, complaints against judges. To file a complaint against a judge, write to: Hon. James D. Lawson, Executive Secretary, Judicial Conduct Commission, P.O. Box 21868, Lexington, KY 40522. Please provide as many details in your letter as possible. The phone number for the Judicial Conduct Commission is 859-233-4128.

How do I file a complaint against a Domestic Relations Commissioner?
A Domestic Relations Commissioner (DRC) is appointed by the Chief Circuit Judge. CR 53.03(1). If you wish to file a complaint against a DRC, make your concerns known to the Chief Circuit Judge who appointed the DRC. If this does not yield a satisfactory result, you may file a written complaint with the Judicial Conduct Commission as explained in question #1.

How do I file a complaint against a Trial Commissioner?
Pursuant to KRS 24A.100(1), "In any county which does not have a District Judge resident in the county there shall be a trial commissioner." A Trial Commissioner is appointed by the Chief District Judge. Section 113 of the Kentucky Constitution. If you wish to file a complaint against a trial commissioner, make your concerns known to the Chief District Judge who appointed the Trial Commissioner. If this does not yield a satisfactory result, you may file a written complaint with the Judicial Conduct Commission as explained in question #1.

My case has been pending before a judge for many months. How can I urge the judge to make a decision?
A form, AOC-280, Notice of Submission, is available for this purpose. You may request the form from any Circuit Court Clerk's Office or the AOC Print Shop. You may also complete the form electronically by visiting our forms website at Forms Library.

The Notice of Submission process is governed by SCR 1.050(8), which reads:

"All attorneys shall notify the Administrative Office of the Courts forthwith, in writing and with a copy to the judge, when any action stands submitted for final adjudication. When the decision has been rendered, the circuit clerk shall notify the Administrative Office of the Courts. The Administrative Office of the Courts shall keep records of all cases under submission and report monthly to the chief justice on the status of cases under submission. The chief justice shall report to the judicial retirement and removal commission regarding any case under submission for longer than ninety (90) days in which the district or circuit judge has not reported the reason for the delay to the chief justice as required by KRS 454.350." [The Judicial Conduct Commission is the successor to the Retirement and Removal Commission].

How do I file a complaint against an attorney?
To file a complaint against an attorney, contact the Kentucky Bar Association, Kentucky Bar Center, 514 W. Main Street, Frankfort, KY 40601-1883.

I have an attorney, but I am not sure he/she is doing the right thing. How can I find out if my lawyer is correct?
Employees of the Administrative Office of the Courts are statutorily prohibited from providing legal advice to the general public. KRS 27A.050. If you have questions about the way your case is being handled, discuss your concerns with your attorney. If you still have doubts, you may wish to discuss the matter with another private attorney. If you need the name of an attorney, you may wish to contact the Kentucky Bar Association (see the answer to question #5) and request a referral to another private attorney.

What is small claims court?
The Small Claims Division of District Court in every Kentucky county settles disputes involving money or personal property valued at $1,500 or less, exclusive of interests and costs. The procedures in small claims court are informal. You may file a claim or defend yourself without an attorney to handle your case if you wish. In the Small Claims Division, the parties to the dispute go to court at a preassigned time and tell their side of the story to the judge. The judge makes a decision based upon the law governing the facts presented. There is no jury trial in the Small Claims Division of District Court.

I want to file a small claims case. How do I do that?
Employees of the Administrative Office of the Courts are statutorily prohibited from providing legal advice to the general public. The Circuit Court Clerk cannot advise you on the law either. However, an informational pamphlet about small claims court is available. This pamphlet explains the procedure for filing a complaint and walks you through the process used in the Small Claims Division. You may request the pamphlet from any Circuit Court Clerk's Office or download the pamphlet by clicking on Small Claims Division of District Court (1679KB-PDF). (You will need Adobe Acrobat Reader in order to view this pamphlet. It is available for free from http://www.adobe.com External Link). The AOC makes available a variety of forms to help you pursue a small claims case. You may request these forms from any Circuit Court Clerk's Office, or download them at Forms Library.

What is a smart form?

In 1998, AOC began making several AOC forms available via the web. These are the same forms one may request from a Circuit Court Clerk's Office or the AOC Print Shop. Initially, these forms were available only in a PDF format which meant they could be printed from the computer, but no information could be entered onto the form before it was printed.

In July, 2001, we launched the "smart forms" project. These forms may be printed from the Court of Justice web site without entry of any information, or they may be completed on-line, printed and then submitted to the Court. You may access these forms by visiting Forms Library.

How do I file a complaint against a prosecutor?

If you wish to file a complaint against a County Attorney or a Commonwealth's Attorney, contact the Prosecutor's Advisory Council, Office of the Attorney General, 1024 Capital Center Drive, Frankfort, KY 40601. Their phone number is (502) 696-5300.

I am interested in running for the Office of Circuit Court Clerk. How do I do that?

Each of Kentucky's 120 counties has an elected circuit court clerk. To be eligible to seek the office of circuit court clerk, a prospective candidate must pass the Kentucky Circuit Court Clerk's Exam. You may access information about the exam by reading the Clerk Exam Information. If you have general questions about running for public office, we suggest you contact the Secretary of State's Office or your local county clerk.

 

Last Updated 10/19/2006
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