KRS 15.733: Disqualification of prosecuting attorney -- Appointment of a special

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, advi ser, 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, charitab le, 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 individ ually 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 op inion 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.