63.180 Proceeding for removal of nonelective peace officer or deputy constable.

305 words·~1 min read·/ky/chapter-63/63-180

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

(1)Any person serving as a nonelective peace officer, deputy peace officer, or deputy

constable in violation of the provisions of KRS 61.300 shall be subject to removal.

The Circuit Court of the county in which such person is serving and the Circuit

Court of Franklin County shall have concurrent jurisdiction of all proceedings for

the removal of any such person. The proceedings shall be in equity and the

procedure shall be as set forth in subsections (2),

(3)and

(4)of this section.

(2)The Commonwealth's attorney of the judicial circuit or the county attorney of the

county in which such person is serving, the Attorney General, or any three

(3)or

more citizens of said county may file a petition in equity setting forth the facts

constituting a violation of the provisions of KRS 61.300. If instituted by the

Commonwealth's attorney, county attorney or Attorney General, the proceeding

shall be in the name of the Commonwealth, and if instituted by three

(3)or more

citizens, it shall be in the name of such citizens as plaintiffs. A copy of the petition

shall be served upon the person complained against, who shall have ten

(10)days in

which to answer.

(3)Thereafter the proceeding shall be heard and determined by the court as a

proceeding in equity. The court shall render a final judgment within sixty

(60)days

from the date the petition is filed, unless the court, for good cause shown, extends

the time for the final hearing, but in no case shall it be extended beyond ninety

days from the date the petition is filed.

(4)If it appears upon final hearing that any nonelective peace officer or deputy peace

officer is disqualified under the provisions of KRS 61.300, the court shall enter a

judgment forthwith removing the officer from office.