15.733 Disqualification of prosecuting attorney -- Appointment of a special
prosecutor.
(1) For the purposes of this section the following words or phrases shall have the
meaning indicated: <br>(a) "Proceeding" includes pretrial, trial, appellate review, or other stages of
litigation;
(b) "Fiduciary" includes such relationships as executor, administrator,
conservator, trustee, and guardian;
(c) "Financial interest" means ownership of a legal or equitable interest, however
small, or a relationship as director, adviser, or other active participant in the <br>affairs of a party, except that:
1.
Ownership in a mutual or common investment fund that holds securities, <br>or a proprietary interest of a policyholder in a mutual insurance <br>company, of a depositor in a mutual savings association, or a similar <br>proprietary interest, or ownership of government securities is a "financial <br>interest" only if the outcome of the proceeding could substantially affect <br>the value of the interest;
2.
An office in an educational, religious, charitable, fraternal, or civil <br>organization is not a "financial interest" in securities held by the <br>organization.
(2) Any prosecuting attorney shall disqualify himself in any proceeding in which he or
his spouse, or a member of his immediate family either individually or as a <br>fiduciary: <br>(a) Is a party to the proceeding, or an officer, director, or trustee of a party; <br>(b) Is acting as a lawyer in the proceeding; <br>(c) Is known by the prosecuting attorney to have an interest that could be
substantially affected by the outcome of the proceeding;
(d) Is to the prosecuting attorney's knowledge likely to be a material witness in
the proceeding;
(e) Has served in private practice or government service, other than as a
prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in <br>controversy;
(f) Has a financial interest in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the <br>outcome of the proceeding.
(3) Any prosecuting attorney may be disqualified by the court in which the proceeding
is presently pending, upon a showing of actual prejudice.
(4) In the event that a prosecuting attorney is disqualified, he shall certify such fact in
writing to the Attorney General who may direct another Commonwealth's attorney <br>or county attorney or an assistant attorney general as a special prosecutor to <br>represent the Commonwealth in that proceeding.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 42, effective July 1, 1982. -- Repealed
and reenacted 1980 Ky. Acts ch. 188, sec. 10, effective July 15, 1980. -- Created <br>1976 Ky. Acts ch. 59, sec. 1.
Formerly codified as KRS 26A.250. <br>Note: 1980 Ky. Acts ch. 396, sec. 45 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, <br>sec. 146, effective July 1, 1982.
15.733 Disqualification of prosecuting attorney -- Appointment of a special
prosecutor.
(1) For the purposes of this section the following words or phrases shall have the
meaning indicated: <br>(a) "Proceeding" includes pretrial, trial, appellate review, or other stages of
litigation;
(b) "Fiduciary" includes such relationships as executor, administrator,
conservator, trustee, and guardian;
(c) "Financial interest" means ownership of a legal or equitable interest, however
small, or a relationship as director, adviser, or other active participant in the <br>affairs of a party, except that:
1.
Ownership in a mutual or common investment fund that holds securities, <br>or a proprietary interest of a policyholder in a mutual insurance <br>company, of a depositor in a mutual savings association, or a similar <br>proprietary interest, or ownership of government securities is a "financial <br>interest" only if the outcome of the proceeding could substantially affect <br>the value of the interest;
2.
An office in an educational, religious, charitable, fraternal, or civil <br>organization is not a "financial interest" in securities held by the <br>organization.
(2) Any prosecuting attorney shall disqualify himself in any proceeding in which he or
his spouse, or a member of his immediate family either individually or as a <br>fiduciary: <br>(a) Is a party to the proceeding, or an officer, director, or trustee of a party; <br>(b) Is acting as a lawyer in the proceeding; <br>(c) Is known by the prosecuting attorney to have an interest that could be
substantially affected by the outcome of the proceeding;
(d) Is to the prosecuting attorney's knowledge likely to be a material witness in
the proceeding;
(e) Has served in private practice or government service, other than as a
prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in <br>controversy;
(f) Has a financial interest in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the <br>outcome of the proceeding.
(3) Any prosecuting attorney may be disqualified by the court in which the proceeding
is presently pending, upon a showing of actual prejudice.
(4) In the event that a prosecuting attorney is disqualified, he shall certify such fact in
writing to the Attorney General who may direct another Commonwealth's attorney <br>or county attorney or an assistant attorney general as a special prosecutor to <br>represent the Commonwealth in that proceeding.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 42, effective July 1, 1982. -- Repealed
and reenacted 1980 Ky. Acts ch. 188, sec. 10, effective July 15, 1980. -- Created <br>1976 Ky. Acts ch. 59, sec. 1.
Formerly codified as KRS 26A.250. <br>Note: 1980 Ky. Acts ch. 396, sec. 45 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, <br>sec. 146, effective July 1, 1982.
15.733 Disqualification of prosecuting attorney -- Appointment of a special
prosecutor.
(1) For the purposes of this section the following words or phrases shall have the
meaning indicated: <br>(a) "Proceeding" includes pretrial, trial, appellate review, or other stages of
litigation;
(b) "Fiduciary" includes such relationships as executor, administrator,
conservator, trustee, and guardian;
(c) "Financial interest" means ownership of a legal or equitable interest, however
small, or a relationship as director, adviser, or other active participant in the <br>affairs of a party, except that:
1.
Ownership in a mutual or common investment fund that holds securities, <br>or a proprietary interest of a policyholder in a mutual insurance <br>company, of a depositor in a mutual savings association, or a similar <br>proprietary interest, or ownership of government securities is a "financial <br>interest" only if the outcome of the proceeding could substantially affect <br>the value of the interest;
2.
An office in an educational, religious, charitable, fraternal, or civil <br>organization is not a "financial interest" in securities held by the <br>organization.
(2) Any prosecuting attorney shall disqualify himself in any proceeding in which he or
his spouse, or a member of his immediate family either individually or as a <br>fiduciary: <br>(a) Is a party to the proceeding, or an officer, director, or trustee of a party; <br>(b) Is acting as a lawyer in the proceeding; <br>(c) Is known by the prosecuting attorney to have an interest that could be
substantially affected by the outcome of the proceeding;
(d) Is to the prosecuting attorney's knowledge likely to be a material witness in
the proceeding;
(e) Has served in private practice or government service, other than as a
prosecuting attorney, as a lawyer or rendered a legal opinion in the matter in <br>controversy;
(f) Has a financial interest in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the <br>outcome of the proceeding.
(3) Any prosecuting attorney may be disqualified by the court in which the proceeding
is presently pending, upon a showing of actual prejudice.
(4) In the event that a prosecuting attorney is disqualified, he shall certify such fact in
writing to the Attorney General who may direct another Commonwealth's attorney <br>or county attorney or an assistant attorney general as a special prosecutor to <br>represent the Commonwealth in that proceeding.
Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 141, sec. 42, effective July 1, 1982. -- Repealed
and reenacted 1980 Ky. Acts ch. 188, sec. 10, effective July 15, 1980. -- Created <br>1976 Ky. Acts ch. 59, sec. 1.
Formerly codified as KRS 26A.250. <br>Note: 1980 Ky. Acts ch. 396, sec. 45 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, <br>sec. 146, effective July 1, 1982.
