63.120 Appeal to Court of Appeals.

278 words·~1 min read·/ky/chapter-63/63-120

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

(1)Any peace officer removed from office under the provisions of KRS 63.110 may,

within ten

(10)days from the date of the entry of the order removing him, appeal to

the Court of Appeals by obtaining from the Secretary of State a certified copy of all

charges, findings of fact and orders entered in the proceedings against him and

filing them with the clerk of the Court of Appeals, and entering a motion before the

clerk for an appeal. The motion shall set forth the alleged errors of fact and law

committed by the Governor. No response shall be filed to the motion. The Governor

shall be made appellee in the appeal, and notice thereof shall be served upon the

Governor immediately after the motion is filed with the clerk. If the Governor is out

of his office or away from the seat of government, the notice shall be served on the

Attorney General or one

(1)of the assistants in his office. The Secretary of State

shall, after the appeal has been filed, immediately deliver the original record to the

clerk of the Court of Appeals, and append thereto a certificate showing that it is the

entire record in the case on file.

(2)The judgment of the court shall be final and shall be certified to the Secretary of

State. If the order of removal entered by the Governor is affirmed it shall become

effective immediately and the office held by the peace officer shall be deemed

vacant.

(3)The original papers in the case shall be returned to the Secretary of State after the

case has been disposed of in the Court of Appeals.