KRS § 26A.015 — KY Code / Title IV / Chapter 26A / Section 26A.015
26A.015 Disqualification of justice or judge of the Court of Justice, or master commissioner
Status: in_force

26A.015 Disqualification of justice or judge of the Court of Justice, or master

commissioner.

(1) For the purposes of this section the following words or phrases shall have the

meaning indicated:

(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

affairs of a party, except that:

1. Ownership in a mutual or common investment fund that holds securities,

or a proprietary interest of a policyholder in a mutual insurance

company, of a depositor in a mutual savings association, or a similar

proprietary interest, or ownership of government securities is a

"financial interest" only if the outcome of the proceeding could

substantially affect the value of the interest;

2. An office in an educational, religious, charitable, fraternal, or civic

organization is not a "financial interest" in securities held by the

organization.

(2) Any justice or judge of the Court of Justice or master commissioner shall disqualify

himself in any proceeding:

(a) Where he has a personal bias or prejudice concerning a party, or personal

knowledge of disputed evidentiary facts concerning the proceedings, or has

expressed an opinion concerning the merits of the proceeding;

(b) Where in private practice or government service he served as a lawyer or

rendered a legal opinion in the matter in controversy, or a lawyer with whom

he previously practiced law served during such association as a lawyer

concerning the matter in controversy, or the judge, master commissioner or

such lawyer has been a material witness concerning the matter in controversy;

(c) Where he knows that he, individually or as a fiduciary, or his spouse or minor

child residing in his household, has a pecuniary or proprietary interest in the

subject matter in controversy or in a party to the proceeding;

(d) Where he or his spouse, or a person within the third degree of relationship to

either of them, or the spouse of such a person:

1. Is a party to the proceeding, or an officer, director, or trustee of a party;

2. Is acting as a lawyer in the proceeding and the disqualification is not

waived by stipulation of counsel in the proceeding filed therein;

3. Is known by the judge or master commissioner to have an interest that

could be substantially affected by the outcome of the proceeding;

4. Is to the knowledge of the judge or master commissioner likely to be a

material witness in the proceeding.

(e) Where he has knowledge of any other circumstances in which his impartiality

might reasonably be questioned.

(3) (a) Any justice or judge of the Court of Justice disqualified under the provisions

of this section shall be replaced by the Chief Justice.

(b) Any master commissioner disqualified under the provisions of this section or

unable to discharge the duties of his office for any other reason shall be

replaced by a special commissioner who shall be appointed by the judge of the

court before whom the action is pending. The special commissioner shall meet

the same qualifications as a master commissioner and shall take an oath and

execute a bond as the regular commissioner is required to do.