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Kentucky Constitution Section 121 Retirement and Removal

Subject to rules of procedure 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 hold office for four-year terms. Its action shall be subject to judicial review by the Supreme Court.

HISTORY: 1974 c 84, Section 1, adopted eff. 1-1-76.

Kentucky Revised Statutes

KRS 34.310 Membership

1.The members of the Judicial Retirement and Removal Commission to be selected from among the Judges of the Court of Appeals, the Circuit Judges, and the District Judges, shall be selected according to rules promulgated by the Supreme Court.

2.The members of the commission to be appointed by the governing body of the bar shall be appointed according to rules promulgated by the Supreme Court.

3.The members of the commission appointed by the Governor shall include one (1) person from each of the two (2) political parties of the Commonwealth having the largest number of registered voters.

4.All members of the commission shall serve until their successors are elected or appointed, as the case may be.

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 9. - Created 1976 Ky. Acts ch. 68. sec. 1.

KRS 34.320 Compensation - Expenses

Members of the Judicial Retirement and Removal Commission who do not otherwise receive a salary from the State Treasury shall receive sixty dollars ($60) for each day they are in session or on official duty. All members shall be reimbursed for their necessary expenses for each day they are in session or on official duty. All claims shall be approved by the Chief Justice or his designee and shall be paid out of the State Treasury.

Effective: March 23, 1976

History: Created 1976 Ky. Acts ch. 68, sec. 4, effective March 23, 1976.

KRS 34.330 Oaths - Testimony - Evidence - Contempt proceedings

In the exercise of its powers and duties, the Judicial Retirement and Removal Commission may administer necessary oaths, take testimony under oath, compel the attendance of witnesses, and compel the production of records and other evidence. If any witness refuses to testify concerning any matter on which he may lawfully be interrogated, any Circuit Judge, on application of the commission may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the Circuit Court.

Effective: March 9, 1976

History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 10. - Created 1976 Ky. Acts ch. 68, sec. 3, effective March 9, 1976.

KRS 34.340 Majority vote required

No justice or judge shall be retired for disability or suspended without pay or removed for good cause except upon a majority vote of members of the Judicial Retirement and Removal Commission.

Effective: March 23, 1976

History: Created 1976 Ky. Acts ch. 68, sec. 2, effective March 23, 1976.

Note

By Order 98-2 effective January 1, 1999, the Supreme Court changed the name of the Judicial Retirement and Removal Commission to the Judicial Conduct Commission.