{"data":{"id":"us-ky/krs-15.734","jurisdiction":"us-ky","citation":"KRS 15.734","heading":"Disqualification of prosecuting attorney due to indictment on a felony","body":"charge -- Appointment of special prosecutor for duration of disqualification.\n(1) In the event a Commonwealth's attorney or an assistant Commonwealth's attorney,\nor a county attorney or an assistant county attorney is indicted by a duly -empaneled\nstate or federal grand jury on any felony charge under the laws of this\nCommonwealth, or a similar charge in the federal courts, such charge shall result in\nhis immediate disqualification fr om further acting as a prosecuting attorney during\nthe pendency of the action in any state or federal court. Such charge or charges shall\nin no way limit his right to practice civil law, unless the right to do so would\ncontravene some other statute or exis ting canon of legal ethics, nor shall the charge\nalone prevent said attorney from receiving the usual salary or allowances for\nexpense of the office, which would otherwise be payable.\n(2) In the event such disqualification exists as to an assistant Commonw ealth's attorney\nor an assistant county attorney, the suspension of acting as a prosecuting attorney\nshall be exercised and enforced by the duly -elected Commonwealth's attorney or\ncounty attorney as applicable.\n(3) In the event the disqualification relates  to a Commonwealth's attorney or county\nattorney, upon certification of such disqualification to the Attorney General by the\ncircuit judge or district judge of the jurisdiction in which said prosecuting attorney\nhas been duly elected, the Attorney General shall name an attorney to serve as\nspecial prosecutor for the Commonwealth for the duration of the disqualification.\nThe attorney, in this instance, need not be a Commonwealth's attorney or county\nattorney as provided in KRS 15.730.\n(4) Nothing in this sec tion shall prohibit a duly elected Commonwealth's attorney or\ncounty attorney from being a candidate for reelection if said election is to be held\nduring the period of disqualification, so long as said prosecuting attorney has not\nbeen found guilty of a felony or entered a plea of guilty to a felony at the initial trial\ncourt level. A final conviction or a plea of guilty at the trial court level to a felony\nshall act as a bar to being a candidate for reelection.","path":["KRS Chapter 15"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=998","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:34Z","sha256":"2e16d56a4865d4153e86442ccef9d13c6fe22ef00355ea2b1089d669a19f4bcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-15.733","next":"us-ky/krs-15.735"},"notice":"GroundRules: Original legal text. Not legal advice."}