2008 JUDICIAL INFO
JUDICIAL INFORMATION
SAFEGUARDING
PROMOTING AN INDEPENDENT JUDICIARY BY
DEFENDING THE
The League of Women Voters of
STRUCTURE & PROCEDURE OF JUDICIARY SYSTEM IN
Information below from http://courts.ky.gov
Courts in the Commonwealth
There are four
levels of court in Kentucky.The appellate courts include the Supreme Court and the Court of Appeals. The
trial courts are divided into Circuit Court, which has
general jurisdiction, and District Court, which has
limited jurisdiction.
SUPREME COURT
Supreme Court -The Supreme Court is
the state court of last resort and the final interpreter of
Appeals involving the death penalty, life imprisonment or imprisonment for 20
years or more go directly from Circuit Court to the Supreme Court. All other
appeals must first be heard by the Court of Appeals, except those so
exceptional that the Supreme Court will grant a request to bypass the Court of
Appeals. Appeals from the Court of Appeals, except workers’ compensation appeals,
reach the Supreme Court only with the court’s permission.
Seven justices sit on the Supreme Court and all seven justices rule on appeals
before the court. The justices are elected from seven appellate districts and
serve eight-year terms. A chief justice, chosen for a four-year term by fellow
justices, is the administrative head of the state’s court system and is
responsible for its operation. In addition, the Supreme Court establishes rules
of practice and procedure for all
COURT OF APPEALS
Court of Appeals - With a few
exceptions, most cases appealed from Circuit Court go to the Court of Appeals.
Nearly all cases go to the Court of Appeals on appeal of a trial decision of
the Circuit Court or on appeal of a decision of the Circuit Court of a District
Court judgment.
The case is not retried at the appeals level. Instead, the original trial
record is reviewed, with attorneys presenting the legal issues to the court for
a decision. Fourteen judges, two elected from each of the seven appellate
districts, serve on the Court of Appeals for terms of eight years.
Court of Appeals judges are divided into panels of three to review and decide
cases, with the majority deciding the outcome. The panels do not sit
permanently in one location, but move about the state to hear appeals. The
Court of Appeals occasionally "publishes" its rulings on cases, such
that those rulings become the governing case law for all such similar cases in
the trial courts of
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Appellate |
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The Kentucky
Court of Appeals judges are, standing, left to right: Christopher Shea
Nickell, Jeff S. Taylor, Michael Caperton, Chief Judge Sara Walter Combs,
Thomas B. Wine, Laurance B. VanMeter and Michelle M. Keller; and seated, left
to right: Donna L. Dixon, Kelly Thompson, James H. Lambert, Janet L. Stumbo,
Denise G. Clayton, Glenn E. Acree and Joy A. Moore.
The Court of
Appeals is exactly what its title implies. Nearly all cases come to it on
appeal from a lower court. If a case is tried in District or Circuit court,
and the losing parties involved are not satisfied with the outcome, they may
ask for a higher court to review the correctness of the trial court's
decision. Some cases,
like criminal case acquittals and divorces, may not be appealed. In a divorce
case, however, child custody and property rights decisions may be appealed.
Cases are not retried in the Court of Appeals. Only the record of the
original court trial is reviewed, with attorneys presenting the legal issues
to the court for a decision. Fourteen
judges, two elected from seven appellate court districts, serve on the Court
of Appeals. The judges are divided into panels of three to review and decide
cases, with the majority determining the decision. The panels do not sit
permanently in one location, but travel about the state to hear cases. Court
Clerk: Sam Givens Clerk of the
Court of Appeals Clerk's
Phone: 502-573-7920 |
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Court
of Appeals Judges
Sara
Walter Combs - 7th District, 1st Division
Christopher
Shea Nickell - 1st District, 1st Division Donna L.
Dixon - 1st District, 2nd Division Jeff S.
Taylor - 2nd District, 1st Division Kelly
Thompson - 2nd District, 2nd Division Michael
Caperton - 3rd District, 1st Division James
H. Lambert - 3rd District, 2nd Division Thomas B.
Wine - 4th District, 1st Division Denise
G. Clayton - 4th District, 2nd Division Laurance
B. VanMeter - 5th District, 1st Division Glenn E.
Acree - 5th District, 2nd Division Michelle
M. Keller - 6th District, 1st Division Joy A.
Moore - 6th District, 2nd Division Janet L.
Stumbo - 7th District, 2nd Division
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The Kentucky
Court of Appeals judges are, standing, left to right: Christopher Shea
Nickell, Jeff S. Taylor, Michael Caperton, Chief Judge Sara Walter Combs,
Thomas B. Wine, Laurance B. VanMeter and Michelle M. Keller; and seated, left
to right: Donna L. Dixon, Kelly Thompson, James H. Lambert, Janet L. Stumbo,
Denise G. Clayton, Glenn E. Acree and Joy A. Moore.
The Court of
Appeals is exactly what its title implies. Nearly all cases come to it on
appeal from a lower court. If a case is tried in District or Circuit court,
and the losing parties involved are not satisfied with the outcome, they may
ask for a higher court to review the correctness of the trial court's
decision. Some cases,
like criminal case acquittals and divorces, may not be appealed. In a divorce
case, however, child custody and property rights decisions may be appealed.
Cases are not retried in the Court of Appeals. Only the record of the
original court trial is reviewed, with attorneys presenting the legal issues
to the court for a decision. Fourteen
judges, two elected from seven appellate court districts, serve on the Court
of Appeals. The judges are divided into panels of three to review and decide
cases, with the majority determining the decision. The panels do not sit
permanently in one location, but travel about the state to hear cases. Court Clerk: Sam Givens Clerk of the
Court of Appeals Clerk's
Phone: 502-573-7920 |
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CIRCUIT COURTS
Circuit - Circuit Court is the
court of general jurisdiction and can hear all types of cases unless the
General Assembly has given exclusive juris-diction of particular kinds of cases
to another court to handle, such as District Court.
Circuit Court hears civil matters involving more than $4,000, capital offenses
and felonies, divorces, adoptions, termination of parental rights, land dispute
title problems and contested probates of will. Circuit Court has the power to
issue injunctions and writs of prohibition and mandamus to compel or prohibit
acts, and to hear appeals from District Court and administrative agencies.
Judicial circuits vary in size and number of judges based on population and
caseload, from single-county, multiple judges to four-county districts served
by one judge who travels the circuit. Circuit judges may be assisted by master
commissioners on property matters and by domestic relations commissioners on
divorce and custody matters in counties with no Family Court. Appeals from
Circuit Court are made to the Court of Appeals.
Circuit judges serve eight-year terms.
Circuit Courts
The Circuit
Court is the court of general jurisdiction over cases involving capital
offenses, felonies, land disputes, contested probates of wills, and general
civil litigation in disputes involving more than $4,000. Circuit courts have
the power to issue injunctions, writs of prohibition, writs of mandamus and
hear appeals from district courts and administrative agencies.
As a division
of Circuit Court with general jurisdiction, the family court division of
Circuit Court further retains primary jurisdiction in cases involving
dissolution of marriage; child custody; visitation; maintenance and support;
equitable distribution of property in dissolution cases; adoption; and,
termination of parental rights. In addition to general jurisdiction of Circuit
Court, the family court division of Circuit Court, concurrent with the District
Court, has jurisdiction over proceedings involving domestic violence and abuse;
the Uniform Act on Paternity and the Uniform Interstate Family Support Act;
dependency, neglect, and abuse; and, juvenile status offenses.
Currently, there are 95 circuit judges in 57 judicial circuits and 34 circuit
family court judges. One judge may serve more than one county within a circuit.
Some circuits contain only one county but have several judges, depending on
population and caseload. Circuit judges serve in eight-year terms. During
fiscal year 2004, the Circuit Court recorded 103,192 cases filed and 103,801
disposed. In FY 2004, the Circuit Family Court recorded 53,825 cases filed and
50,598 cases disposed.
FAMILY COURT
Family Court
provides one judge to hear all of a family’s issues relating to divorce, child
custody, adoption, termination of parental rights, domestic violence, child
abuse and neglect. Because Family Court is devoted exclusively to cases
involving families and children, they do not compete for court time with
criminal and other civil cases.
Family Court is
a division of Circuit Court, Kentucky's highest trial court level, and employs
full-time judges with the same qualifications as those who serve other
divisions of Circuit Court. Family Court currently serves more than 2 million
Kentuckians in 43 counties.
Family Court
Family Court is a division of Circuit Court and became a permanent part of
the court system when the Family Court Amendment was overwhelmingly passed in
the 2002 general election.
Family Court
judges are judges of the Circuit Court. Family Court hears only cases involving
families and children and its jurisdiction includes dissolution of marriage;
spousal support and equitable distribution; child support and visitation;
paternity; adoption; domestic violence; dependency, neglect and abuse;
termination of parental rights; and runaways and truancy (status offenses).
Appeals from Family Court are made to the Court of Appeals.
Today Family Court serves nearly 2 million Kentuckians in 42 counties and the
program is considered a national model. There are plans to implement Family
Court in all 120 counties within 10 years of the passage of the amendment, as
funding allows.
As Circuit Court judges, Family Court judges serve eight-year terms.
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Family Court Dockets / Schedules |
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Division
One Division
Two Division
Three, Chief Judge Division
Four Division
Five Judge Division
Six Division
Seven Judge Joseph W. O'Reilly Division
Eight Division
Nine Judge Stephen M. George Division
Ten Judge Paula F. Sherlock Emergency
Hearings Schedule Two Week Schedule - All Divisions |
DISTRICT COURTS
The District
Courts are courts of limited jurisdiction and have exclusive jurisdiction of
all criminal matters and some civil matters. The District Courts have
original jurisdiction of the actions specifically prescribed by state, and have
no appellate jurisdiction. The District Judges are elected from the sixty
(60) District Court districts in
District - District Court, often
referred to as "the people’s court," has limited jurisdiction.
"Limited jurisdiction" means District Court may handle those kinds of
cases the Kentucky General Assembly has, by statute, said may be heard in
District Court. Juvenile matters, city and county ordinances, traffic offenses,
probates of will, felony preliminary hearings and civil cases involving $4,000
or less are all heard in this court. Cases involving guard-ianship,
conservatorship, voluntary or involuntary commitment, child abuse and neglect,
and domestic violence are also heard in District Court. Appeals from District
Court decisions are made to the local Circuit Court.
Judicial districts vary in size and number of judges based on population and
caseload. Judicial districts vary from single-county, multiple judges to
four-county districts served by a single district judge who travels the district
hearing cases. There may also be trial commissioners appointed to handle
emergency or preliminary judicial duties, particularly where a judge does not
reside in a county.
District judges serve four-year terms.
District Court
The District
Court has limited jurisdiction, which means it hears only certain types of
cases. Ninety percent of all Kentuckians involved in court proceedings appear
before District Court. Juvenile matters, city and county ordinances,
misdemeanors, traffic offenses, probate of wills, felony preliminary hearings,
small claims, and civil cases involving $4,000 or less are all District Court
matters, as well as voluntary and involuntary mental commitments and cases
relating to domestic violence and abuse. There are 116 district judges in sixty
judicial districts in
SPECIALTY
COURTS
"Specialty
Courts" are actually divisions of either District Court or Circuit Court
which collect and hear cases of a particular type to improve case management,
either for reasons of efficiency or to provide special services or attention to
those kinds of cases.
Small
Small claims is a division of District Court. It is an informal, inexpensive
means for people to file claims in disputes that involve money or personal
property valued at $1,500 or less. Parties involved in small claims actions can
represent themselves without an attorney.
Juvenile
Court (District Court)
Juvenile Court is a division of District Court. Cases involving children under
the age of 18 are handled in Juvenile Court. Cases filed in Juvenile Court
include dependency; neglect and abuse; status offenders, such as runaways;
children who are consistently tardy from school and those who have behavioral
problems or are beyond adult control; and public offenders (delinquency), which
include children charged with misdemeanors and felonies. In jurisdictions where
there is a Family Court division of Circuit Court, the Family Court will hear
matters of dependent, neglected and/or abused children, as well as status
offenses when no public offense is pending. All other juvenile matters remain
within the jurisdiction of Juvenile (District) Court.
Children charged with more serious felonies, such as rape or murder, may be
transferred from Juvenile Court to Circuit Court to be tried as adults and, if
convicted, imprisoned first in a juvenile facility and later in an adult
prison.
In most cases, the first contact the child has with delinquency proceedings is
through a court designated worker (CDW). CDWs interview children, review
charges filed against them and advise the children of their rights. Unlike
other District Court and Circuit Court hearings, which are open to the public,
Juvenile Court hearings are closed to the public. However, once a juvenile has
been transferred to Circuit Court to be tried as an adult, those Circuit Court
proceedings as open to the public as any other Circuit Court criminal
proceeding.
Drug Court (Circuit, Family and
District Courts)
Drug Court has had a significant impact on reducing rearrest, reconviction and
reincar-ceration rates. The program has saved the Commonwealth more than $14.5
million for the first
LEAGUE OF WOMEN VOTERS GENERAL INFORMATION
NOT from the above website
of www.http://courts.ky.gov
The
The Court of
Appeals is the intermediate appellate Court and consists of fourteen (14)
judges. The judges of the Court of Appeals elect a Chief Judge for a
four-year term who exercises the administrative duties for the court. The
court is divided into panels of not less than three (3) judges, and a panel may
decide a case by concurring vote of a majority of the judges on that
panel. The Chief Judge makes assignments of judges to the panels, and the
court prescribes the times and places located in the state at which each panel
shall sit. The judges of the Court of Appeals are elected from the same
seven districts from which the
Kentucky has a
unified court system consisting of the Kentucky Supreme Court, the Court of
Appeals, a trial court of general jurisdiction known as the Circuit Court and a
trial court of limited jurisdiction known as the District Court (KY.
Constitution Section 109). The Justices of the Supreme Court and the
judges of the Court of Appeals and the Circuit Courts serve eight-year terms.
The District Court Judges serve four-year terms. (
All
The Circuit
Courts are courts of general jurisdiction and have the original jurisdiction of
all causes not exclusively vested in some other court. All Circuit Court
Judges are elected by the counties in that judge’s circuit. There are
fifty-seven (57) judicial circuits in
Due to the heavy
load in family-related cases,
JUDICIAL CONDUCT COMMISSION
The
This Judicial
Conduct Commission has six (6) voting members including one (1) representative
and one (1) alternate from the District Court and the Circuit Court, the Court
of Appeals and the Kentucky Bar Association, and two (2) representatives
appointed by the Governor who are neither judges nor lawyers. All members
serve four-year terms. Since its inception, numerous judges have been
removed, involuntarily retired or publicly disciplined based on the Commission’s
work.