KRS 63.180: Proceeding for removal of nonelective peace officer or deputy constable.
Where this section sits in the code
- KRS Chapter 63
(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 co unty 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 proceed ing 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, bu t in no case shall it be extended beyond ninety (90)
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 sha ll enter a
judgment forthwith removing the officer from office.
Collected 2026-09-05T20:49:18Z. Source file · JSON