{"data":{"id":"us-ky/krs-26a.015","jurisdiction":"us-ky","citation":"KRS 26A.015","heading":"Disqualification of justice or judge of the Court of Justice, or master","body":"commissioner.\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 , adviser, 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 s avings 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, ch aritable, fraternal, or civic\norganization is not a \"financial interest\" in securities held by the\norganization.\n(2) Any justice or judge of the Court of Justice or master commissioner shall disqualify\nhimself in any proceeding:\n(a) Where he has a personal  bias or prejudice concerning a party, or personal\nknowledge of disputed evidentiary facts concerning the proceedings, or has\nexpressed an opinion concerning the merits of the proceeding;\n(b) Where in private practice or government service he served as a l awyer or\nrendered a legal opinion in the matter in controversy, or a lawyer with whom\nhe previously practiced law served during such association as a lawyer\nconcerning the matter in controversy, or the judge, master commissioner or\nsuch lawyer has been a material witness concerning the matter in controversy;\n(c) Where he knows that he, individually or as a fiduciary, or his spouse or minor\nchild residing in his household, has a pecuniary or proprietary interest in the\nsubject matter in controversy or in a party to the proceeding;\n(d) Where he or his spouse, or a person within the third degree of relationship to\neither of them, or the spouse of such a person:\n1. Is a party to the proceeding, or an officer, director, or trustee of a party;\n2. Is acting as a la wyer in the proceeding and the disqualification is not\nwaived by stipulation of counsel in the proceeding filed therein;\n3. Is known by the judge or master commissioner to have an interest that\ncould be substantially affected by the outcome of the proceeding;\n4. Is to the knowledge of the judge or master commissioner likely to be a\nmaterial witness in the proceeding.\n(e) Where he has knowledge of any other circumstances in which his impartiality\nmight reasonably be questioned.\n(3) (a) Any justice or judge o f the Court of Justice disqualified under the provisions\nof this section shall be replaced by the Chief Justice.\n(b) Any master commissioner disqualified under the provisions of this section or\nunable to discharge the duties of his office for any other rea son shall be\nreplaced by a special commissioner who shall be appointed by the judge of the\ncourt before whom the action is pending. The special commissioner shall meet\nthe same qualifications as a master commissioner and shall take an oath and\nexecute a bond as the regular commissioner is required to do.","path":["KRS Chapter 26A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20883","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:46Z","sha256":"fab3fa4c8c0a2e3fde08cc5014463aa8b2deef4d77c3462365ce4062cb247646","source_id":"us-ky","stale":false,"prev":"us-ky/krs-26a.013","next":"us-ky/krs-26a.020"},"notice":"GroundRules: Original legal text. Not legal advice."}