{"data":{"id":"us-ky/krs-15.715","jurisdiction":"us-ky","citation":"KRS 15.715","heading":"Intervention in criminal prosecutions by Attorney General -- Prosecution of","body":"complaint against local prosecutor -- Performance of duties of local prosecutor\nuntil vacancy filled.\n(1) In the event of the incapacity, refusal without sufficient grounds, in ability, conflict\nof interest of the local prosecutor, or his failure to act in a certain case or cases, the\ncouncil may authorize, by the vote of no less than five (5) of its members, the\nAttorney General to initiate, intervene, or supersede a local prose cutor for the\npurpose of prosecuting the criminal business in question of the Commonwealth in\nthat circuit or district after due notice having been given to the local prosecutor.\n(2) When the Attorney General shall proceed under subsection (1) of this sect ion, he\nshall petition the Circuit Court of that circuit to disqualify the county attorney or\nCommonwealth's attorney for good cause shown, when the county attorney or\nCommonwealth's attorney refuses to disqualify himself. The action of the Circuit\nCourt shall be subject to review according to the Rules of the Supreme Court.\n(3) If the Attorney General's petition to disqualify the local prosecutor was sustained by\nthe Circuit Court, the Attorney General shall file and prosecute a complaint against\nthe local prosecutor pursuant to KRS 61.120.\n(4) If the office of Commonwealth's attorney or the office of county attorney becomes\nvacant, the Attorney General or his designee shall perform the duties of that office\nuntil such time as the successor of that Commonwe alth's attorney or of that county\nattorney shall be appointed or elected as elsewhere provided by law or until the\nCommonwealth's attorney or county attorney resumes the duties of his office as\nprovided by law.\n(5) When the Attorney General has been author ized to participate in a given case\npursuant to subsections (1), (2), (3), and (4) of this section, he may, at his own\ndiscretion, direct a Commonwealth's attorney or county attorney from another\ncircuit or district to serve as the special prosecutor, who shall be reimbursed for all\nof his actual expenses.\n(6) The Attorney General shall have the duty, within the Forty -eighth Judicial Circuit,\nto prosecute any person who receives compensation from the Treasury of the\nCommonwealth of Kentucky for all violations of the criminal and penal laws arising\nout of, involving or in connection with state funds, or the sale or transfer of goods\nor services by or to the Commonwealth or any of its political subdivisions; and\nspecifically including, but not limited to, all violations set forth in KRS Chapters\n521 and 522. Nothing herein shall be construed to change the venue provision\npresently existing under Kentucky law as of July 15, 1980.\n(7) Whenever the Attorney General shall undertake any of the actions prescribed in this\nsection, he shall be authorized to exercise all powers and perform all duties in\nrespect to such criminal actions or proceedings which the prosecuting attorney\nwould otherwise perform or exercise, including, but not limited to, the authority to\nsign, file, and present any and all complaints, affidavits, information, presentments,\naccusations, indictments, subpoenas, and processes of any kind, and to appear\nbefore all grand juries, courts, or tribunals.","path":["KRS Chapter 15"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=989","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:34Z","sha256":"9b7b246648aa3b9cb00ed309629476580f1b964c16c4befba4994f71ffe3e752","source_id":"us-ky","stale":false,"prev":"us-ky/krs-15.710","next":"us-ky/krs-15.717"},"notice":"GroundRules: Original legal text. Not legal advice."}