{"data":{"id":"us-ky/krs-15.733","jurisdiction":"us-ky","citation":"KRS 15.733","heading":"Disqualification of prosecuting attorney -- Appointment of a special","body":"prosecutor.\n(1) For the purposes of this section the following words or phrases shall have the\nmeaning indicated:\n(a) \"Proceeding\" includes pretrial, trial, appellate review, or other  stages of\nlitigation;\n(b) \"Fiduciary\" includes such relationships as executor, administrator,\nconservator, trustee, and guardian;\n(c) \"Financial interest\" means ownership of a legal or equitable interest, however\nsmall, or a relationship as director, advi ser, or other active participant in the\naffairs of a party, except that:\n1. Ownership in a mutual or common investment fund that holds securities,\nor a proprietary interest of a policyholder in a mutual insurance\ncompany, of a depositor in a mutual savings  association, or a similar\nproprietary interest, or ownership of government securities is a\n\"financial interest\" only if the outcome of the proceeding could\nsubstantially affect the value of the interest;\n2. An office in an educational, religious, charitab le, fraternal, or civil\norganization is not a \"financial interest\" in securities held by the\norganization.\n(2) Any prosecuting attorney shall disqualify himself in any proceeding in which he or\nhis spouse, or a member of his immediate family either individ ually or as a\nfiduciary:\n(a) Is a party to the proceeding, or an officer, director, or trustee of a party;\n(b) Is acting as a lawyer in the proceeding;\n(c) Is known by the prosecuting attorney to have an interest that could be\nsubstantially affected by the outcome of the proceeding;\n(d) Is to the prosecuting attorney's knowledge likely to be a material witness in\nthe proceeding;\n(e) Has served in private practice or government service, other than as a\nprosecuting attorney, as a lawyer or rendered a legal op inion in the matter in\ncontroversy;\n(f) Has a financial interest in the subject matter in controversy or in a party to the\nproceeding, or any other interest that could be substantially affected by the\noutcome of the proceeding.\n(3) Any prosecuting attorney may be disqualified by the court in which the proceeding\nis presently pending, upon a showing of actual prejudice.\n(4) In the event that a prosecuting attorney is disqualified, he shall certify such fact in\nwriting to the Attorney General who may direct another Commonwealth's attorney\nor county attorney or an assistant attorney general as a special prosecutor to\nrepresent the Commonwealth in that proceeding.","path":["KRS Chapter 15"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=997","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:34Z","sha256":"5886e32901512216f85aba638c3f5af46ed778393f884ca365445ae912434523","source_id":"us-ky","stale":false,"prev":"us-ky/krs-15.730","next":"us-ky/krs-15.734"},"notice":"GroundRules: Original legal text. Not legal advice."}