15.733 Disqualification of prosecuting attorney -- Appointment of a special
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/ky/15-733A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
prosecutor.
(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 civil
organization is not a "financial interest" in securities held by the
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
fiduciary:
(a)Is a party to the proceeding, or an officer, director, or trustee of a party;
(b)Is acting as a lawyer in the proceeding;
(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
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
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
or county attorney or an assistant attorney general as a special prosecutor to
represent the Commonwealth in that proceeding.