KRS 15.734: Disqualification of prosecuting attorney due to indictment on a felony

charge -- Appointment of special prosecutor for duration of disqualification.

(1) In the event a Commonwealth's attorney or an assistant Commonwealth's attorney,

or a county attorney or an assistant county attorney is indicted by a duly -empaneled

state or federal grand jury on any felony charge under the laws of this

Commonwealth, or a similar charge in the federal courts, such charge shall result in

his immediate disqualification fr om further acting as a prosecuting attorney during

the pendency of the action in any state or federal court. Such charge or charges shall

in no way limit his right to practice civil law, unless the right to do so would

contravene some other statute or exis ting canon of legal ethics, nor shall the charge

alone prevent said attorney from receiving the usual salary or allowances for

expense of the office, which would otherwise be payable.

(2) In the event such disqualification exists as to an assistant Commonw ealth's attorney

or an assistant county attorney, the suspension of acting as a prosecuting attorney

shall be exercised and enforced by the duly -elected Commonwealth's attorney or

county attorney as applicable.

(3) In the event the disqualification relates to a Commonwealth's attorney or county

attorney, upon certification of such disqualification to the Attorney General by the

circuit judge or district judge of the jurisdiction in which said prosecuting attorney

has been duly elected, the Attorney General shall name an attorney to serve as

special prosecutor for the Commonwealth for the duration of the disqualification.

The attorney, in this instance, need not be a Commonwealth's attorney or county

attorney as provided in KRS 15.730.

(4) Nothing in this sec tion shall prohibit a duly elected Commonwealth's attorney or

county attorney from being a candidate for reelection if said election is to be held

during the period of disqualification, so long as said prosecuting attorney has not

been found guilty of a felony or entered a plea of guilty to a felony at the initial trial

court level. A final conviction or a plea of guilty at the trial court level to a felony

shall act as a bar to being a candidate for reelection.