418.075 Necessary parties -- Notice to Attorney General in proceedings and appeals

312 words·~1 min read·/ky/418-075

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

-- Notice to Legislative Research Commission -- Consent to suit required for

certain actions involving legislative branch. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

(1)In any proceeding which involves the validity of a statute, the Attorney General of

the state shall, before judgment is entered, be served with a copy of the petition, and

shall be entitled to be heard, and if the ordinance or franchise is alleged to be

unconstitutional, the Attorney General of the state shall also be served with a copy

of the petition and be entitled to be heard.

(2)In any appeal to the Kentucky Court of Appeals or Supreme Court or the federal

appellate courts in any forum which involves the constitutional validity of a statute,

the Attorney General shall, before the filing of the appellant's brief, be served with a

copy of the pleading, paper, or other documents which initiate the appeal in the

appellate forum. This notice shall specify the challenged statute and the nature of

the alleged constitutional defect.

(3)The Attorney General shall notify the Legislative Research Commission of:

(a)The receipt of a petition and the nature of any proceedings involving the

validity of a statute; and

(b)The entering of a final judgment in those proceedings, if the Attorney General

is a party to that action.

(4)Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of the

General Assembly, organizations within the legislative branch of state government,

or officers or employees of the legislative branch shall not be made parties to any

action challenging the constitutionality or validity of any statute or regulation,

without the consent of the member, organization, or officer or employee.