Kentucky Legal Research Manual

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Kentucky Legal Research Manual

Fourth Edition

Kurt X. MetzmeierTina M. Brooks

Franklin L. RungeLeah R. SmithBeau Steenken

Ryan A. Valentin

University of KentuckyOffice of Continuing Legal Education

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USE OF THIS VOLUME

Seminars and publications of the University of Kentucky College of Law Office of Continuing Legal Education (UK/CLE) are designed to assist lawyers in maintaining their professional competence. The Office of Continuing Legal Education and its volunteer authors and speakers are not, by their participation in this publication, giving legal advice concerning any specific legal issue or problem, and their professional opinion with regard to legal or practical aspects of handling a specific issue or problem may change depending on the specific circumstances presented. Attorneys and others using information from UK/CLE publications or seminars must also fully research original and current sources of authority to properly serve their clients’ legal interests. The forms and sample documents contained in continuing legal education publications are intended for use only in conjunction with the professional services and advice of licensed attorneys. The legal research discussed herein is believed to be accurate, but is not warranted to be so. These materials may contain expressions of opinion which do not necessarily reflect the views of the Office of Continuing Legal Education, the University of Kentucky, the Commonwealth of Kentucky, or other governmental authorities.

Copyright 2016 by the University of Kentucky College of LawOffice of Continuing Legal Education

All rights reserved.

This Handbook may be cited as Kentucky Legal Research Manual, 4th ed. § ________ (UK/CLE) (2016).

Printed in the United States of America.ISBN 978-1-58757-188-9

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ABOUT ...

The University of Kentucky College of Law, Office of Continuing Legal Education (UK/CLE) was organized in 1973 as the first permanently staffed, full time continuing legal education program in the Commonwealth of Kentucky. It endures with the threefold purpose: 1) to assist lawyers in keeping abreast of changes in the law; 2) to develop and sustain practical lawyering skills; and 3) to maintain a high degree of professionalism in the practice of law. Revenues from seminar registrations and publication sales allow the Office to operate as a sepa-rately budgeted, self-supporting program of the College. No tax dollars or public funds are used in the operation of UK/CLE.

SeminarsUK/CLE provides a variety of convenient, practical seminars to satisfy

the continuing legal education needs of lawyers. Seminars range from half-day programs in selected areas to in-depth programs extending over several days. While most seminars are conducted at the College of Law in Lexington, UK/CLE has a long-standing statewide commitment. Since its first year of operation, beginning with a criminal law seminar in Madisonville, Kentucky, the Office has continued to bring high-quality continuing legal education to attorneys in every region of Kentucky.

PublicationsEach seminar is accompanied by extensive speaker-prepared course

materials. These bound course materials are offered for sale following seminars and are consistently regarded as valuable, affordable references for lawyers. Since 1987, UK/CLE has produced a series of Practice Handbooks and Monographs. Each Practice Handbook is an extensively referenced, fully indexed practice guide consisting of separately authored chapters, allowing for the comprehensive coverage of a distinct body of law. Each Monograph is a concisely written practice guide, often prepared by a single author, designed to cover a topic of narrower scope than the Handbooks. They are convenient references on topics often not treated elsewhere. In 1995, UK/CLE began publication of its highly popular Compendium Series. Each Compendium volume gathers several hundred pages of forms, charts, statistical data, case summaries or other reference material useful in all aspects of drafting, case evaluation, case management, and litigation. In 2008, UK/CLE began the task of converting its full publications catalog into a searchable, interac-tive electronic CD format.

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MultimediaUnder SCR 3.663, allowing attorneys to receive up to six hours of con-

tinuing legal education credit through the use of accredited technology products, UK/CLE has been offering an array of accredited “self-study” audio programs since 2002. These accredited technology CLE products are offered in Audio CD, video DVD, as well as on-demand streaming audio and video formats.

Professional ManagementUK/CLE serves the needs of the bar from its offices on the University of

Kentucky campus in Lexington. Its staff manages course registrations, publica-tion planning and editing, publication sales, seminar and publication marketing, publication composition and printing, and seminar content planning, as well as budgeting, accounting and financial reporting. As an “income based” program, UK/CLE’s seminar tuitions and publication sales are budgeted to generate sufficient revenues for self support.

Commitment to Quality and CreativityUK/CLE is a member of the Association for Continuing Legal Education

(ACLEA). As such, UK/CLE subscribes to the ACLEA Standards in Continuing Le-gal Education and the Standards of Fair Conduct and Voluntary Cooperation, admin-istered under the auspices of the American Law Institute-American Bar Association Committee on Continuing Professional Education. Throughout its existence UK/CLE has been actively involved in the activities and services provided by ACLEA. UK/CLE’s association with national and international CLE professionals has af-forded it the opportunity to continually reassess instructional methods, quality in publications, and effective means of delivering CLE services at consistently high levels of creativity and quality.

An Integral Part of the Legal Profession’s Tradition of Service

An enormous debt is owed to the judges, law professors, and practitioners who generously donate their time and talent to continuing legal education. Their knowledge and experience are the fundamental ingredients for our seminars and publications. Without their motivation and freely given assistance in dedication to a distinguished profession, high quality continuing legal education would not exist.

As a non-profit organization, UK/CLE relies upon the traditional spirit of service to the profession that attorneys have so long demonstrated. We are constantly striving to increase attorney involvement in the continuing education process. If you would like to participate as a volunteer speaker or writer, please contact us and indicate your areas of interest and experience.

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UNIVERSITY OF KENTUCKYCOLLEGE OF LAW

OFFICE OF CONTINUING LEGAL EDUCATION

Room 20 Law BuildingLexington, Kentucky 40506-0048

Phone (859) 257-2921Fax (859) 323-9790

http://www.ukcle.com

PRESIDENT, UNIVERSITY OF KENTUCKY Eli Capilouto

DEAN, COLLEGE OF LAW David A. Brennen

DIRECTOR OF CLE Kevin P. Bucknam

ASSISTANT DIRECTOR OF CLE Tracy J. Taylor

ADMINISTRATIVE/BUSINESS MANAGER Melinda Rawlings

TECHNICAL SERVICES MANAGER Benjamin J. Distler

EDITORIAL/MARKETING ASSISTANT Elizabeth M. Stewart

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UK/CLE: A SELF-SUPPORTING ENTITY

The University of Kentucky Office of Continuing Legal Education (UK/CLE) is an income-based office of the University of Kentucky College of Law. As such, it is separately budgeted and financially self-supporting. UK/CLE operations are similar to not-for-profit organizations, paying all direct expenses, salaries and overhead solely from revenues. No public funds or tax dollars are allocated to its budget. Revenues are obtained from registrant enrollment fees and the sale of publications. Our sole function is to provide professional development services. In the event surplus funds become available, they are utilized to offset deficits or retained in our budget to improve the quality and variety of services we provide.

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CONTRIBUTING AUTHORSKURT X. METZMEIER (MANAGING EDITOR) is the Associate Director of the Law Library of the University of Louisville Brandeis School of Law, where he teaches courses in advanced legal research and legal history. He has a B.A. and M.A. in History from the University of Louisville, a M.S. in library and in-formation science from the University of Kentucky, and a J.D. from University of Louisville Brandeis School of Law, and has been a member of the Kentucky bar since 1995. Before joining the Brandeis School of Law, Metzmeier served as the college technology manager at the University of Kentucky College of Law and has also held positions as a research historian and archivist. He is the author of Writing the Legal Record: Law Reporters in Nineteenth-Century Kentucky (Uni-versity Press of Kentucky, Fall 2016) and has published articles in a number of law reviews, library journals, and historical publications. He is an active member of several legal, library, and historical organizations.

TINA M. BROOKS joined the University of Kentucky College of Law Library Faculty in July 2011 as the Electronic Services Librarian. She assists faculty, stu-dents, and public patrons with reference questions and research and also teaches two sections of the legal research component of the first year legal research and writing class. She also manages the law library website and the library’s elec-tronic resources. She holds a B.A. in History and Spanish from the University of Northern Iowa, a J.D. from the University of Nebraska College of Law, and an M.S. in Information Studies from the University of Texas School of Information.

FRANKLIN L. RUNGE joined the Law Library Faculty at the University of Kentucky College of Law in May 2011 as the Faculty Services Librarian. He pro-motes and amplifies the research interests of all faculty members and is a member of the teaching team that instructs first year students in their Legal Research and Writing course. He holds a B.A. in Political Science from Hiram College, a J.D. from Northeastern University School of Law, and a M.L.S. from the School of Library and Information Science at Indiana University.

LEAH RUPP SMITH is a Law Clerk for the United States Court of Appeals for the Fifth Circuit. She has a B.A. in journalism and political science from Miami University, and a J.D. from University of Louisville Brandeis School of Law, and has been a member of the Kentucky bar since 2013. Before her current position, Smith practiced labor and employment law at Stoll Keenon Ogden PLLC in Lou-isville.

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BEAU STEENKEN joined the Law Library Faculty at the University of Ken-tucky College of Law in September 2010. As the Instructional Services Librarian, he engaged in a revamp of the Legal Research curriculum as the UK College of Law shifted from an adjunct-model to a full-time faculty model of LRW instruc-tion. He teaches two to four sections of 1L Legal Research a year and also coor-dinates informal research instruction of various sorts. He holds a B.A., a J.D., and an M.S.I.S. from the University of Texas, as well as an M.A. in history from Texas State University and an LL.M. in Public International Law from the University of Nottingham.

RYAN A. VALENTIN joined the University of Kentucky College of Law Library Faculty in January 2008 as the Reference Librarian and served as Head of Public Services at the University of Kentucky College of Law from January 2011 until December 2015. He was also a member of the teaching team that instructed first year students in their Legal Research and Writing course. He holds a B.S from the University of Utah, a J.D. from the University of Oregon, and an M.L.I.S. from Florida State University.

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PREFACEBefore the publication of the first edition of this work, there had long been

a need for a comprehensive guide to researching Kentucky law. The only prior at-tempt was State Law Librarian Wesley Gilmer’s bibliography of Kentucky legal resources, Guide to Kentucky Legal Research, but that short work was last updated thirty years ago in 1985 – well before the computer and the Internet revolutionized research. From the beginning, the Kentucky Legal Research Manual has sought to fill that need, covering both the traditional instruments of legal research – case reporters, digests, citators, and statutory codes – as well as online legal research services and the Internet. It has been designed to not merely explain the tools of legal research, but also to describe the history and operation of the institutions of the Kentucky legal system that create the state’s law – the courts, the legislature, and the regulatory agencies.

The Manual is not, however, a primer on legal research in general, although we have included a bibliography of general legal research manuals as an addendum. Rather, it seeks to assist lawyers and other researchers in tackling those difficult tasks unique to legal research in Kentucky – a state distinguished with an old and complex constitution, murky sources of legislative history, and local practices for everything from the titling of motions to the citation of judicial decisions.

With so few publications covering Kentucky legal research, we have tried to include (in tables and appendices) as much detailed information about Kentucky legal institutions and resources as possible, so that this volume could serve as a “one-stop” reference for basic legal information. The downside to such inclusive-ness is that such information becomes quickly dated and, as such, the authors cannot warrant its currency too far beyond the year of publication.

Kurt X. Metzmeier Managing Editor May, 2016

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ACKNOWLEDGMENTSProducing a quality publication requires a sequence of distinct activities

of which conceiving, financing, structuring, writing, editing, typesetting, index-ing, and proofreading are only a few. Each activity involves thoughtful work and dedication on the part of many individuals. Their efforts in developing an accurate, well organized book belie the conventional wisdom that producing a publication of this type is a mere mechanical pursuit.

I wish to extend sincere appreciation to the dedicated individuals who served as authors for this fourth edition of UK/CLE’s Kentucky Legal Research Manual. Their development, dedication, and perception of the need for this type of publication provided the support and efforts necessary to make it a reality. Special thanks must go to the publication’s Managing Editor, Kurt X. Metzmeier of the Brandeis School of Law at the University of Louisville, for his work on the development of content and format, his work as a chapter author, and for his never-faltering willingness to aid in our efforts on this project. Finally, special thanks is given to the individual authors who researched and updated the comprehensive practical chapters contained herein: Kurt X. Metzmeier; Tina M. Brooks, Franklin L. Runge, Leah R. Smith, Beau Steenken, and Ryan A. Valentin.

Over a period of many months, countless hours were dedicated to the production of this publication. Invaluable editorial assistance was provided by Elizabeth M. Stewart who dedicated significant time and patience to this task. Her diligence, perseverance, and good humor contributed greatly to the aesthetic appearance of this edition.

Tracy J. TaylorAssistant Director/Director of PublicationsOffice of Continuing Legal EducationUniversity of Kentucky College of Law

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TABLE OF CONTENTS

Chapter 1 Kentucky ConstitutionKurt X. Metzmeier

Chapter 2 Kentucky Judicial SystemKurt X. Metzmeier

Chapter 3 Kentucky Statutory AuthorityKurt X. Metzmeier

Chapter 4 Local LegislationBeau Steenken

Chapter 5 Kentucky Legislative Process, History, and PublicationsRyan A. Valentin

Chapter 6 Kentucky Case Law ResearchFranklin L. Runge

Chapter 7 Administrative Law*Amy Beckham Foster Beau Steenken

Chapter 8 Legal Ethics ResearchKurt X. Metzmeier

Chapter 9 Kentucky Secondary SourcesFranklin L. Runge

Chapter 10 Kentucky Electronic ResourcesKurt X. Metzmeier

Chapter 11 Citation of Kentucky Legal MaterialsKurt X. MetzmeierLeah R. Smith

Addendum A Bibliography of General and State-Specific Legal Research GuidesTina M. Brooks

Addendum B Kentucky Public Law Libraries and Libraries with Legal CollectionsRyan A. Valentin

Index

*Originally written by Amy Beckham Foster in 2005. Updated in 2016 by Beau Steenken.

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ABBREVIATIONS COMMONLY USED IN KENTUCKY LEGAL MATERIALS

NOTE: Generally used legal abbreviations not specific to Kentucky have been omitted. Consult Mary Miles Price, Bieber’s Dictionary of Legal Abbreviations, 6th ed. (2009) or The Bluebook: A Uniform System of Citation, 20th ed. (2015) for non state-specific materials.

A.K. Mar. A.K. Marshall’s Reports (8-10 Ky. Reports)A.K. Marsh. A.K. Marshall’s Reports (8-10 Ky. Reports)B. Mon. Ben Monroe (40-57 Ky. Reports)B.M. Ben Monroe (40-57 Ky. Reports)Bibb. Bibb’s Report’s (4-7 Ky. Reports)Brandeis L.J. Brandeis Law JournalBush Bush’s Reports (64-77 Ky. Reports)c. Chapter (of Kentucky Acts)CC Civil Code (Carroll’s Kentucky Codes)ch. Chapter (of Kentucky Acts)Com. Commonwealth of KentuckyComm. CommissionCommrs. CommissionersConst. ConstitutionCR Rules of Civil ProcedureCt. Cl. Court of ClaimsDana Dana’s Reports (31-39 Ky. Reports)DR Disciplinary Rule (from Ky. Code of Professional Responsibility, 1971-90)Duv. Duvall’s Reports (62-63 Ky. Reports)eff. effectiveex s extraordinary sessionH House BillHard. Hardin’s Reports (3 Ky. Reports)Hardin Hardin’s Reports (3 Ky. Reports)HCR House Concurrent ResolutionHJR House Joint ResolutionHR House ResolutionHughes Hughes’s Reports (1 Ky. Reports)J. Fam. L. Journal of Family Law (University of Louisville)J.J. Marsh. J. J. Marshall’s Reports (24-30 Ky. Reports)K. L. Rep. Kentucky Law ReporterK.B.A. Kentucky Bar Association

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K.B.B. Kentucky Bench & BarK.B.J. Kentucky State Bar JournalK.L.J. Kentucky Law JournalK.L.R. Kentucky Law Reporter (1880-1908)K.L.S. Kentucky Law SummaryK.R.S. Kentucky Revised StatutesKAR Kentucky Administrative RegulationsKBA Kentucky Bar AssociationKBA E Kentucky Bar Associations Ethics OpinionKBA U Ken tucky Bar Assoc ia t ions Unau thor ized Practice OpinionKen. L. R. Kentucky Law Reporter (1880-1908)Ken. L. Rep. Kentucky Law Reporter (1880-1908)Kentucky L.J. Kentucky Law JournalKLR Kentucky Law Reporter (1880-1908)KRE Kentucky Rules of EvidenceKRPC Kentucky Rules of Professional ConductKRS Kentucky Revised StatutesKS Kentucky Statutes (pre-1942)Ky. Kentucky Supreme Court Reports Ky. Kentucky ReportsKy. Acts Kentucky ActsKy. Admin. Regs . Kentucky Administrative Regulations Ky. Admin. Reg. Kentucky Administrative RegisterKy. App. Rptr. Kentucky Appellate ReporterKy. B.J. Kentucky Bar JournalKy. Bench & B. Kentucky Bench & BarKy. Children’s Rts. J. Kentucky Children’s Rights JournallKy. Comment’r Kentucky CommentatorKy. Const. Kentucky ConstitutionKy. L. Rep. Kentucky Law ReporterKy. L. Rev. Kentucky Law ReviewKy. L. R. Kentucky Law Reporter (1880-1908)Ky. L. Rptr. Kentucky Law Reporter (1880-1908)Ky. L. Summ. Kentucky Law SummaryKy. L. Summary Kentucky Law SummaryKy. L.J. Kentucky Law JournalKy. Law Rep. Kentucky Law Reporter (1880-1908)Ky. Op. Kentucky Opinions (1864-1886)Ky. Opin. Kentucky Opinions (1864-1886)

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Ky. R. Kentucky ReportsKy. R.C. Kentucky Railroad CommissionKy. Rev. Stat. Kentucky Revised StatutesKy. Rev. Stat. Ann. Kentucky Revised Statutes AnnotatedKy. S.B.A. Kentucky State Bar AssociationKy. S.B.J. Kentucky State Bar JournalKy. St. B.J. Kentucky State Bar JournalKy. W.C. Dec. Kentucky Workers’ Compensation Board DecisionsLcrR Eastern and Western U.S. District Courts Joint Local Rules of Criminal PracticeLitt. Littell’s Reports (11-15 Ky. Reports)Litt. Sel. Cas. Littell’s Select Cases (16 Ky. Reports)Louisville Law. Louisville LawyerLR Eastern and Western U.S. District Courts Joint Local Rules of Civil PracticeLRC Legislative Research CommissionL.B.R. U.S. Bankruptcy Court Local Rules, Eastern/Western District of KentuckyMar. (AK) A.K. Marshall’s Reports (8-10 Ky. Reports)Mar. (JJ) J. J. Marshall’s Reports (24-30 Ky. Reports)Met. Metcalfe’s Reports (58-61 Ky. Reports) Mon. (B) Ben Monroe (40-57 Ky. Reports)Mon. (TB) T. B. Monroe’s Reports (17-23 Ky. Reports)N. Ky. St. L. F. Northern Kentucky State Law ForumN. Ky. L. Rev. Northern Kentucky Law ReviewO.L.E.C. Opinions of the Legislative Ethics CommissionOAG Opinions the Attorney GeneralOLEC Opinions of the Legislative Ethics CommissionOMD Open Meetings Decisions of the Kentucky Attorney GeneralOp. Ky. Att’y Gen. Opinions of the Kentucky Attorney GeneralORD Open Records Decisions of the Kentucky Attorney GeneralRCr Rules of Criminal ProcedureRS Revised StatutesS Senate BillS.W. South Western ReporterS.W.2d South Western Reporter, Second SeriesS.W.3d South Western Reporter, Third SeriesSCR Rules of the Supreme Court of KentuckySCR Senate Concurrent Resolution

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sec. sectionSJR Senate Joint ResolutionSneed Sneed’s Reports (2 Ky. Reports)SR Senate ResolutionT.B. Mon. T. B. Monroe’s Reports (17-23 Ky. Reports)U. Louisville J. Fam. L. University of Louisville Journal of Family Law v. versus

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Kentucky Constitution

Copyright 2016. UK/CLE. All Rights Reserved.

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KENTUCKY CONSTITUTION

KURT X. METZMEIERUniversity of Louisville

Louis D. Brandeis School of Law Louisville, Kentucky

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Kentucky Legal Research

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I. [1.1] The Current Constitution ...................................................1-5A. [1.2] Provisions of the Current Constitution ...................1-5B. [1.3] Procedures to Revise or Amend the

Constitution .............................................................1-6C. [1.4] Publication of the Constitution ...............................1-7

1. [1.5] OfficialAnnotatedEditions ......................1-72. [1.6] Electronic Editions ...................................1-7

D. [1.7] Methods of Interpreting the Kentucky Constitution .............................................................1-7

E. [1.8] Researching the Kentucky Constitution .................1-91. [1.9] Guides and Treatises .................................1-92. [1.10] Using Annotated Codes &

Shepard’s to Find Case Law .....................1-9a. [1.11] Annotated Kentucky

Revised Statutes .........................1-9b. [1.12] Westlaw and Lexis .....................1-9c. [1.13] Kentucky Digests ......................1-10d. [1.14] Shepard’s Kentucky

Citations ...................................1-103. [1.15] Records and Debates of

Constitutional Conventions ....................1-11a. [1.16] General Principles

Regarding the Use of the Records and Debates of Constitutional Conventions .............................1-11

b. [1.17] Documentary History of the 1890 Constitutional Convention ...............................1-11

c. [1.18] Documents of Kentucky’s Three Prior Constitutions .........1-11

i. [1.19] Documentary History of the 1792 Constitution ......1-11

ii. [1.20] Documentary History of the 1799 Constitution ......1-12

iii. [1.21] Documentary History of the 1849-50 Constitutional Convention ................1-12

4. [1.22] Documentary History of Amendments ...........................................1-12

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5. [1.23] Researching Other State Constitutions with Similar Provisions ...............................................1-13

II. [1.24] Constitutional History of Kentucky ................................1-14A. [1.25] Introduction ...........................................................1-14B. [1.26] Constitution of 1792 .............................................1-15C. [1.27] Constitution of 1799 .............................................1-16D. [1.28] Constitution of 1850 .............................................1-16E. [1.29] Constitution of 1891 .............................................1-17F. [1.30] Constitutional Revision Assembly,

1964-66 .................................................................1-17G. [1.31] Notable Amendments ............................................1-17

III. [1.32] Appendix ............................................................................1-21A. [1.33] Outline of the Kentucky Constitution ...................1-21

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I. [1.1] The Current Constitution

A. [1.2] Provisions of the Current Constitution

Can a national grocery store pay its employees in food?1 Is a railroad company required to allow another line’s tracks to intersect with theirs?2 Could the annual salary of the director of a county hospital be limited to $7,600?3 Can the governor spend funds from the treasury on new programs if the legislature does not pass a budget?4 Answers to all these legal questions can be traced not to the Ken-tucky statutes, nor to the decisions of Kentucky courts, but to our commonwealth’s singularly inclusive constitution. They illustrate the importance of including the state constitution as part of any serious legal research project.

The current constitution of the Commonwealth of Kentucky was adopted in 1891. The document, drafted by a constitutional convention that met throughout 1890 and 1891, is wide-ranging, often touching on areas not usually the subject of state constitutions.5 Because of this, responsible legal researchers should check relatively early on in their research whether the subject of their research is governed by a constitutional provision. If a provision does apply, researchers should then examine the legislative history of the provision and the judicial cases interpreting it.

The constitution begins with a Bill of Rights (§§ 1-26) based loosely on the federal version but with important variations.6 Following the Bill of Rights are sections outlining Kentucky’s tripartite government (§§ 27-28), including the legislative (§§ 29-62), executive (§§ 69-108), and judicial branches (§§ 109-139), as well as the instruments of local government, the county (§§ 140-144) and municipal (§§ 156-168) governing bodies. Also found in this portion are constitutional provi-sions governing suffrage and elections (§§ 145-155). Later sections cover revenue and taxation (§§169-182), education (§§ 183-189), corporations (§§ 190-208),

1 Section 244 mandates that corporations pay wage-earners in “lawful money.”2 Section 216 is one of a number of provisions dealing with railroads. The drafters of the

constitution feared railroad monopolies and so mandated the interoperability of tracks.3 Section246setsamaximumlimitonthecompensationoncertain“publicofficials.”De-

finingapublicofficial is lessclear,but theAttorneyGeneralhasopined thatahospitalmanager is not covered, OAG 62-56.

4 In Fletcher v. Commonwealth, 2005 WL 1183241 (Ky. 2005), the Kentucky Supreme Court found that the state constitution gives the governor no emergency or inherent powers to spend state funds that would override the clear injunction of § 230 that “[n]o money shall be drawn from the State Treasury, except in pursuance of appropriations made by law.”

5 Many scholars think that the constitution covers too much territory, delving as it does into areas such as labor law and railroad regulation, and attribute this to the fact that the delegates to the constitution convention were distrustful of the legislature and sought to “legislate for all time.” William E. Connelley and E. Merton Coulter, History of Kentucky, II, 1005, 1922; Hambleton Tapp and James C. Klotter, Kentucky: Decades of Discord, 1865-1900, Lexington, Ky.: University Press of Kentucky, 1977, pp. 263-266.

6 The Kentucky Bill of Rights is derived largely from earlier Kentucky constitutions, with many provisions dating back to the 1792 version (itself based on the 1790 Pennsylvania constitution).

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railroads and commerce (§§ 209-218), and the state militia (§§ 219-223). A group of general provisions relating to a range of issues including lotteries (§ 226), oaths (§ 228) state treason (§ 229), sovereign immunity (§ 231), dueling (§§ 239-240), wrongful death (§ 241), and juries (§ 248) follows. The document concludes with provisions regarding revision of the constitution (§§ 256-263).

B. [1.3] Procedures to Revise or Amend the Constitution

The Kentucky Constitution can be altered by amendment (§§ 256-257), and by constitutional convention (§§ 258-263). An amendment must be proposed byathree-fifthsvotebybothhousesoftheKentuckyGeneralAssembly.Itisthenplaced on the ballot in the next general election cycle when members of the House ofRepresentativesareelected,whereitcanberatifiedorrejectedbytheelectorate.No more than four amendments can be placed on the ballot at one time.7 As of 1999, the legislature had placed 71 amendments on the ballot. The voters accepted 38 and rejected 33 amendments.8

Callingaconstitutionalconventionisamoredifficultproposition.Acallfor a constitutional convention must be passed by both houses of the legislature in two successive sessions of the General Assembly and approved in a referendum by a majority of voters equal to one-fourth of those who voted in the previous general elections (§ 258). The General Assembly approved convention calls in 1931, 1947, 1960, and 1977, but all four calls were rejected by the voters.

Amendment and convention are not the only means of amending the constitution. In Gatewood v. Mathews, 403 S.W.2d 716 (Ky. 1966), Kentucky’s high court found that § 4 of the Kentucky Bill of Rights gave the people of the state the “right to alter, reform or abolish their government in such manner as they maydeemproper,”solongastheactionwasratifiedbyreferendum.Therulingallowed a new constitution drafted by a legislatively created Constitutional Revi-sionAssemblytobeplacedonthe1966generalelectionballotforratification.Itwas defeated by a wide margin.

7 The informal custom of the General Assembly is that the House and Senate may each pro-pose two amendments. Each chamber traditionally accepts the other’s amendments. In the 2000 General Assembly, the new GOP Senate leadership was successful in limiting each chamber to one proposal, a move intended to kill a referendum on a deposit on containers. It is unclear how these time-honored legislative courtesies will survive if the two cham-bers continue to be led by opposing parties. Bruce Schneider, “Senate Leaders Want Less Amendments on Ballot,” AP State and Local Wire, March 22, 2000. The legislature has the option of drafting the language of the brief paragraph that is placed on the ballot to explain the amendment to the voters or it can allow the attorney general to draft the ballot question. KRS 118.415.

8 Two additional proposed amendments were kept off the ballot by the court of appeals because of irregularities.The high court also invalidated three ratified amendments forsimilar reasons. Robert M. Ireland, The Kentucky State Constitution: A Reference Guide, Westport, Conn.: Greenwood Press, 1999, pp. 13-14.

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C. [1.4] Publication of the Constitution

1. [1.5] OfficialAnnotatedEditions

KRS 7.134(1) mandates the inclusion of the Kentucky Constitution in all officialversionsoftheKentuckyRevisedStatutes.BothMichie’s Kentucky Revised Statutes and Banks-Baldwin Kentucky Revised Statutes include annotated versions of the current constitution, as well as unannotated versions of the three prior state constitutions.Thetwoofficialcodesannotateeachprovisionoftheconstitutionwith cross-references to the Kentucky Revised Statutes; judicial decisions of fed-eral and Kentucky courts; law review and bar journal articles; legal treatises; and opinions of the Kentucky Attorney General.

2. [1.6] Electronic Editions

The Kentucky Constitution is included in Westlaw and Lexis’ statu-tory databases, along with the same annotations found in the print versions. In addition, the Kentucky Legislative Research Commission has a searchable unannotated electronic version of the Constitution on its website, available at: <lrc.ky.gov/legresou/constitu/intro.htm>.

D. [1.7] Methods of Interpreting the Kentucky Constitution

In interpreting the language of a Kentucky constitutional provision, the Supreme Court looks at a number of factors including:

1) The “plain and ordinary meaning” of the words.9 This analy-sis should recognize that words are sometimes “imperfect” and seek the “purpose behind the words.”10 The meaning of words and phrases should not “be determined by dictionary alone for its context ... may be controlling.”11 Textual analy-sis can use tools like maxims of construction and treatises like Sutherland Statutes and Statutory Construction12 but such analysis should only be used when the words are clearly ambiguous.13 Separate passages or sections of the Constitu-tion should be construed as a whole so as to “harmonize” the provisions.14

9 Fletcher v. Graham, 192 S.W.3d. 350 (Ky. 2006).10 Meredith v. Kauffman, 169 S.W.2d 37 (Ky. 1943).11 Jefferson County ex rel. Grauman v. Jefferson County Fiscal Court, 117 S.W.2d 918 (Ky.

1938). 12 Norman J. Singer, J.D. Shambie Singer, and J.G. Sutherland, Statutes and Statutory

Construction (Thomson/West, 2008).13 Court of Justice ex rel. Administrative Office of the Courts v. Oney, 34 S.W.3d 814 (Ky.

2000). Grantz v. Grauman, 302 S.W.2d 364 (Ky. 1957). 14 Legislature Relations Commission v. Fischer, 366 S.W.3d 905 (2012), Shamburger v.

Duncan, 253 S.W.2d 388 (Ky. 1952).

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2) Statutes contemporaneous in time to the passage of the con-stitutional provision or constitutional amendment, especially statutesspecificallywrittentoenableorotherwiseeffectuatea constitutional provision.15

3) Judicial decisions interpreting the constitutional provision. Case law has suggested that cases decided soon after the constitutionprovisionwasratifiedareparticularlyindicativeof its meaning and also that the Court will give deference to a long line of cases interpreting a provision a certain way.16

4) Statements made by delegates at the 1890-91 state constitu-tional on the provision under analysis.17 If a particular provi-sion was carried over from one of Kentucky’s previous three constitutions, any surviving debates of those constitutional conventions might be analyzed. At times, the Supreme Court has even analyzed the records of the 1790 Pennsylvania constitution,fromwhichKentucky’sfirstconstitutionwaslargely borrowed.18

5) If a provision is an amendment, the legislative history of the general assembly’s placement of the amendment on the ballot is relevant.19

Two Kentucky cases are good examples of constitutional analysis and are worth reviewing for research strategies. Commonwealth v. Wasson, which found an independent right to privacy to invalidate Kentucky’s criminal sodomy law, is a good case to see how the Supreme Court analyzes fundament rights in the constitution.20 Fox v. Grayson,whichinvolvesaconflictovertheprocedureforratifyingappointmentstoinferiorofficesandboards,hasatextbookanalysisof how to interpret the language of a constitutional amendment.21

15 Fox v. Grayson, 317 S.W.3d 1 (Ky. 2010); Shamburger v. Duncan, 253 S.W.2d 388 (Ky. 1952).

16 Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998); Commonwealth v. Wasson, 842 S.W.2d 487, 498 (Ky. 1992).

17 Commonwealth v. Wasson, 842 S.W.2d 487, 498 (Ky. 1992); Rose v. Council for Better. Education, 790 S.W.2d 186, 60 Ed. Law Rep. 1289 (Ky. 1989); Fox v. Grayson, 317 S.W.3d 1 (Ky. 2010).

18 Yeamon v. Com., Health Policy Bd., 983 S.W.2d 459 (Ky.1998). See also Hodgkin v. Kentucky Chamber of Commerce, 246 S.W.2d 1014 (Ky. 1952).

19 Fox v. Grayson, 317 S.W.3d 1 (Ky. 2010).20 842 S.W.2d 487, 498 (Ky. 1992).21 317 S.W.3d 1 (Ky. 2010).

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E. [1.8] Researching the Kentucky Constitution

1. [1.9] Guides and Treatises

One of the best guides to the state constitution is the Legislative Research Commission’s regularly updated Citizens’ Guide to the Kentucky Constitution. This publication, sent free of cost on request or available online at: <lrc.ky.gov/lrcpubs/rr137.pdf>, summarizes the content, history, and judicial treatment of major sections of the constitution. The text of the constitution is re-printed as an appendix and there are also tables of amendments and an excellent index that covers both the main text and the appendices.

Robert M. Ireland’s The Kentucky State Constitution: A Reference Guide22 is also an important resource. Ireland, Kentucky’s foremost legal historian, details the historical background and legal development of the state’s 1891 constitution, with detailed section-by-section commentary on every section of the document. Hambleton Tapp and James C. Klotter, Kentucky: Decades of Discord, 1865-1900 discusses the historical background to constitutional convention and its product.23

2. [1.10] Using Annotated Codes & Shepard’s to Find Case Law

a. [1.11] Annotated Kentucky Revised Statutes

Thebestplacetofindcasesinterpretingconstitutionalprovisionsaretheversions of the state constitution in Kentucky’s two annotated codes. The Kentucky general assembly in KRS 7.134(1) mandated that the Kentucky Constitution be includedinallofficialversionsoftheKentuckyRevisedStatutes.BothMichie’s Kentucky Revised Statutes and Baldwin’s Kentucky Revised Statutes include fully annotated versions of the current constitution, as well as unannotated versions of thethreepriorstateconstitutions.Thetwoofficialcodesannotateeachprovisionof the constitution with cross-references to the Kentucky Revised Statutes; judicial decisions of federal and Kentucky courts; law review and bar journal articles; legal treatises; and opinions of the Kentucky Attorney General. The Michie’s volume containing the Constitution has a very helpful index at the back of that book. As discussed above, researchers should be most interested in cases decided within thefirstyearsafterthepromulgationofasection,clauseor,passageintheoftheconstitution, whether that language was drafted as part of the 1891 constitution, adopted from a prior constitution, or as a constitutional amendment.

b. [1.12] Westlaw and Lexis

The state charter is also available in the annotated and unannotated ver-sions of the KRS found on Westlaw. To view a document with a known citation,

22 Westport, Conn.: Greenwood Press, 1999.23 Lexington, Ky.: University Press of Kentucky, 1977. See especially pp. 263-266.

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access Find by Citation and type the citation. For example use ky const s 1 for Const.s.1.ToconfineasearchonlytotheKentuckyConstitutionvolumeoftheKRS, prepend the statement ci(ky const) to your search. For example: ci(ky const) & “county clerk”.

Lexis has designated a separate database for the constitution volume of its Michie’sKRS,butyouneedtodrilldownthroughthedirectorytofindit.Fromthe Browse tab, go to Sources By Jurisdiction, then choose Kentucky, then under Category pick Statutes and Legislation, then click KY-Kentucky Constitution. The main page allows you search the entire document or to narrow your search to the larger parts like “Bill of Rights” or “The Judicial Department.”

c. [1.13] Kentucky Digests

While the obvious utility of computer searches use made the use of a digest somewhat of a lost art, they are extremely useful in helping researchers who have accesstothemto(1)findcasesthatprovideguidanceofthefactorstheKentuckySupremeCourtusestointerpretsectionsofthestateconstitutionand(2)findcasesinterpretingspecificsectionsoftheconstitution.West’sKentucky Digest (Covering cases from 1785-1980) and Kentucky Digest 2d (1930-present) uses the Topic Key Number System and its results can be replicated on WestlawNext.

Under the topic Constitutional Law, the key numbers 525-529 can beusedtofindcaseswhere thecourthaselucidatedgeneralprinciplesofstateconstitutional law. The numbers from 580-619 are a valuable guide to the court’s guidance as to the construction of constitutional provisions. The rest of the topic coversspecificsubjectsofconstitutionallawfromfreedomofspeechtotherightto privacy. One cautionary note: West doesn’t always separate cases decided under the U.S. Constitution from those under the state constitution.

These key numbers can be incorporated into WestlawNext searches by using the Key Number search tool or by incorporating the appropriate Topic Key Number into searches. To do so, convert the topic Constructional Law its numeric equivalent, 92, add a k for the key number symbol and then the key number itself. This statement be joined with keywords for searches. Example: 92k700 and firearms.

d. [1.14] Shepard’s Kentucky Citations

InadditiontotheannotatedconstitutionsintheofficialversionsoftheKRS, researchers can also consult the Statute Edition of Shepard’s Kentucky Citations,whichhascitationstocasesreferringtospecificsectionsofthe1891constitution. There are also cites to law review articles. The Shepard’s Kentucky Citations is updated quarterly.

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3. [1.15] Records and Debates of Constitutional Conventions

a. [1.16] General Principles Regarding the Use of the Records and Debates of Constitutional Conventions

In numerous cases, the Kentucky high court has begun an analysis of a sec-tion of the constitution by examining the debates of the constitutional conventional conventions that discussed the provision. Researchers should begin their investiga-tion with the four volumes of debates of the 1890 convention that drafted the current state charter. However, many provisions, including most of the Kentucky Bill of Rights,datebacktothestate’sfirstconstitution.Insuchcases,courtswillprobedeeper,soresearchersshouldexaminefirsttheone-volumesdebatesofthe1850constitution, and the more slender resources for these charters of 1799 and 1792.

b. [1.17] Documentary History of the 1890 Constitutional Convention

Any detailed research into a provision of the Kentucky Constitution must inevitably include inquiry into the intentions of the Constitutional Convention of 1890-1891. The debates of this body are printed in the four, thick volumes of the Official Report of the Proceedings and Debates in the Convention Assembled at Frankfort, on the Eighth Day of September, 1890, to Adopt, Amend, or Change the Constitution of the State of Kentucky (Frankfort, Ky.: E.P. Johnson, printer to the Convention, 1890). The Report of the Proceedings and Debates is a chronological, verbatim transcript of the debates of the convention. One problem with the set is that the index is poorly designed, with overly broad headings and an unduly strong focus on cataloging the comments of delegates.

The Legislative Research Commission remedied the problem somewhat with its 1989 publication, Index to the Debates of the 1890 Constitutional Conven-tion.24 Regretfully, this is one of the LRC publications still not available digitally.

c. [1.18] Documents of Kentucky’s Three Prior Constitutions

Savvy researchers should also be aware that several provisions of the 1891 constitution date back to prior constitutions and the documentary history of those documents should be researched.

i. [1.19] Documentary History of the 1792 Constitution

The documentary history of the 1792 convention is slight, although in 1942 the State Bar Association of Kentucky published the brief Journal of the First Constitutional Convention of Kentucky, Held in Danville, Kentucky, April 2 to 19, 1792 (Lexington, Ky., 1942). This document did not include minutes of debates.

24 Info. Bull. No. 137 / Rev. Aug. 1993. Frankfort, Ky.: Legislative Research Commission, 1993.

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Since much of the 1792 constitution is based on the 1790 Pennsyl-vania Constitution, the documentary history of it is useful. Fortunately, a PDF version of The Proceedings Relative to Calling the Conventions of 1776 and 1790, the Minutes of the Convention that Forms the Present Constitution of Pennsylvania (Harrisburg: John S. Weisling, 1825) is available free on the web at Duquesne University School of Law’s Pennsylvania Constitution webpage at: <http://www.duq.edu/academics/gumberg-library/pa-constitution>, see especially <http://www.duq.edu/Documents/law/pa-constitution/_pdf/conventions/1776/proceedings1776-1790.pdf>.

Two good histories of the 1792 constitution exist: Lowell H. Harrison’s Kentucky’s Road to Statehood (1992) and Joan Wells Coward’s Kentucky in the New Republic: The Process of Constitution Making (1979). Additional background can be found in George Morgan Chinn and Hambleton Tapp, Kentucky Settlement and Statehood, 1750-1800 (1975) and Patricia Watlington, The Partisan Spirit: Kentucky Politics, 1779-1792 (1972).

Ken Gormley, Jeffrey Bauman, Joel Fishman, and Leslie Kozler, The Pennsylvania Constitution: A Treatise on Rights and Liberties (2004) gives a good account of the Pennsylvania bill of rights.

ii. [1.20] Documentary History of the 1799 Constitution

The documentary history of the 1799 convention consists of the Journal of the Convention, published in 1799. This publication contained no debates or records, except some correspondence from the papers of the governor. Coward’s Kentucky in the New Republic has the best account of the 1799 constitutional convention and Chinn and Tapp’s Kentucky Settlement and Statehood provides political context (see above for full citation).

iii. [1.21] Documentary History of the 1849-50 Constitutional Convention

The Constitutional Convention of 1849 was far better documented than prior conclaves. Both the Journal and Proceedings ([s.l.: s.n.], 1849 ) and the fuller Report of the Debates and Proceedings of the Convention for the Revision of the Constitution of the State of Kentucky, 1849 ([s.l.: s.n.], 1849) were published, making it possible to research the intentions of the delegates.

Robert M. Ireland’s County Courts in Antebellum Kentucky has good discussion of some of the background to and activities of the 1849 constitutional convention. See also George Lee Willis, Kentucky Constitutions & Constitutional Conventions: A Hundred and Fifty Years of State Politics and Organic-Law Mak-ing, 1784-1933 (1930).

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4. [1.22] Documentary History of Amendments

Toresearcharecentlyamendedsectionofthe1891constitution,firstcare-fullyexaminetheofficialannotatedKRS.Takecaretonoteanyannotationstolawreview and bar journal articles; they might even be written by persons involved in drafting or implementing the amendment.

Next, research the documentary history of the amendment in the same waythatonewouldtracethelegislativehistoryofstatutes.First,checktheofficialannotated KRS to determine the citation to the volume of the Kentucky Acts where theprovisionwasfirstproposed.ReadthatactandlookfortheHouseorSenatebill number it had as it passed through the General Assembly. With that number, you can use tables in the House and Senate Journals to track the amendment from itsfirstreadingtoitsfinalpassage.

After an amendment passes out of the legislature, it is placed on the ballot andfacestheverdictofthevoters.TheSecretaryofState’sofficeascustodianoftheofficialelectionresultshasrecordsonthevotingonallconstitutionalamendments.The State Board of Elections website has voting results back to 1973, available at: <http://elect.ky.gov/results>.

Researchers of post-1966 amendments should not ignore the documents of the Constitutional Revision Assembly because some provisions under the failed 1966 constitution have been passed as separate amendments. The 1966 constitution itself can be found in Proposed Revision of the Constitution of the Commonwealth of Kentucky, with the text mirroring Senate Bill No. 161. The Final Report of the Constitutional Revision Assembly was published in 1966 by the Legislative Research Commission. One other useful LRC document is A Comparison...The Present, The Proposed Kentucky Constitutions, which gives an annotated, side-by-side comparison of the 1891 and 1966 texts.

The 1975 amendment reforming the judicial article is the subject of Kurt X. Metzmeier, Michael Whiteman, and Jason Nemes, United At Last: The Judicial Article and the Struggle to Reform Kentucky’s Courts (Frankfort, Ky.: Court of Justice, 2006). The efforts to abolish the broad-form deed which resulted in the 1988 amendment is discussed in Chad Montrie, To Save the Land and People: A History of Opposition to Surface Coal Mining in Appalachia (Chapel Hill, NC: University of North Carolina Press, 2003) and Melanie A. Zuercher, Making History: The First Ten Years of KFTC (Prestonsburg, Ky.: Kentuckians for the Commonwealth, 1991).

Foradiscussionofsignificantamendments,readRobertM.Ireland’sThe Kentucky State Constitution: A Reference Guide (Westport, Conn.: Greenwood Press, 1999) pp. 13-17.

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5. [1.23] Researching Other State Constitutions with Similar Provisions

In areas where the Kentucky Constitution has not been extensively re-viewed in published decisions of its state courts of appeal, researching constitutions from other states with similar constitutional provisions can be useful. While there is no perfect method for doing this, there are some useful resources to assist you.

In 1915, the New York State Constitutional Convention Commission commissioned Columbia University to research and to index all state constitutions as they existed at that time. The result was the Index Digest of State Constitutions. Well after that project, Columbia continued the project with updates and a new second edition in 1959. In 1980, the project was reborn as a loose-leaf set with full text of the constitutions, with the index-digest as the last volume, Constitutions of the United States: National and State. The index-digest (in all its forms) will direct youtocitestotheconstitution;tofindcasesyouneedtoconsultannotatedcodes,as you would do research the Kentucky charter. See Columbia University Legisla-tive Drafting Research Fund, Index Digest of State Constitutions. ([Albany]: New York State Constitutional Convention Commission, 1915); Columbia University. Legislative Drafting Research Fund. Index Digest of State Constitutions. 2d ed. (New York, 1959); and Barbara Faith Sachs, and United States. Constitutions of the United States: National and State: Index. (New York: Oceana Publications, 1980).

Another source of interest is William Finley Swindler, Sources and Docu-ments of United States Constitutions (Dobbs Ferry, N.Y.: Oceana Publications, 1973). The Swindler has source documents, current and prior constitutions, and analytic charts for all 50 states. Some of the material for Pennsylvania and Virginia is very useful. Greenwood Press, which publishes Robert M. Ireland’s The Kentucky State Constitution, has reference guides for other states, many of which are held by the University of Louisville Law Library.

There are two inexpensive ways to obtain access to all the state consti-tutions. One is to obtain a copy of the relatively cheap title Robert L. Maddex, State Constitutions of the United States. 2d ed. (Washington, D.C.: Congressional Quarterly, 2006); the other is to check the state website of every state – nearly all have versions available. Google has pre-programmed the search string [state name] constitutiontopointtothemostofficialversion.

II. [1.24] Constitutional History of Kentucky

A. [1.25] Introduction

While the current state constitution supersedes all prior such documents, the constitutional history of Kentucky prior to 1891 is often relevant to a legal researcher because the language of many constitutional provisions date back to

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earlier versions – some dating back to the original state charter of 1792. It is per-haps for this reason that the text of all four constitutions of the commonwealth are publishedinbothoftheofficialstatecodesoflaws.25

B. [1.26] Constitution of 1792

Several elements of the 1792 charter still exist today, including a bicameral legislature; a tripartite government of three branches (executive, legislative, and judicial); and a Bill of Rights (as well as the substance of many of those rights).26 Kentucky’sfirstconstitutionwasstronglyinfluencedbythe1790PennsylvaniaConstitution, with 27 of 28 of the Bill of Rights taken from that document).27 The provisions of the U.S. Constitution also formed a ready model for drafters of the 1792 constitution.

If, while researching a current provision of the Kentucky Constitution, a researcher discovers language tracing back to this 1792 document, it is a good ideatodosomeresearchontheseinfluencingdocuments.Agoodmodernresourcefor the legislative history of the Pennsylvania charter is Ken Gormley, et al., eds., The Pennsylvania Constitution: A Treatise on Rights and Liberties.28 There are a number of good bibliographies on the U.S. Constitution that can direct you to analysis of individual provisions: Suzanne Robitaille Ontiveros, ed., The Dynamic Constitution: A Historical Bibliography29; Kermit L. Hall, ed., A Comprehensive Bibliography of American Constitutional and Legal History, 1896-197930; and Earlean M. McCarrick, U.S. Constitution: A Guide to Information Sources.31 A good source for primary documents is Merrill Jensen, ed., The Documentary His-tory of the Ratification of the Constitution.32 Of course no analysis of the early U.S. Constitution would be complete without consulting Joseph Story’s 1833 classic, Commentaries on the Constitution of the United States.33

The documentary history of the 1792 constitution convention is slight, although in 1942, the State Bar Association of Kentucky published the brief Journal of the First Constitutional Convention of Kentucky.34 This document did not include minutes of debates. Two good histories of the 1792 constitution exist: Joan Wells

25 OldconstitutionsarenotspecificallyrequiredunderKRS7.134,buttheLRCcouldwellmandate them under language in the statute allowing that body to include documents it “deemsappropriate”inofficialversionsoftheKentuckystatutes.

26 See especially, Mary Helen Miller, Bill of Rights, Legislative Research Commission. Citi-zens’ Guide to the Kentucky Constitution, Info. Bull. No. 137 / Rev. Aug. 1993. Frankfort, Ky.: Legislative Research Commission, 1993.

27 Ireland, The Kentucky State Constitution, pp. 2-3. 28 Philadelphia: George T. Bisel Co., 2004.29 Santa Barbara, Calif.: ABC-CLIO, 1986.30 Millwood, N.Y.: Kraus International Publications, 1984.31 Detroit, Mich.: Gale Research Co., 1980.32 Madison, Wisc.: State Historical Society of Wisconsin, 1976.33 Durham, N.C.: Carolina Academic Press, 1987; originally published: Boston: Hilliard,

Gray, and Co., 1833.34 Lexington, Ky.: State Bar Association of Kentucky, 1942.

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Coward’s Kentucky in the New Republic: The Process of Constitution Making35 and Lowell H. Harrison’s Kentucky’s Road to Statehood.36

C. [1.27] Constitution of 1799

The 1792 charter quickly came under attack as being undemocratic (only the lower house of the legislature was directly elected) and survived a mere seven years before being replaced. The 1799 constitution left the tripartite structure of government intact, but provided for direct election of the governor and both houses of the legislature. The Bill of Rights was carried over nearly verbatim from the 1792 constitution. The constitution also created county courts with wide administrative and judicial powers. The undemocratic and self-perpetuating county courts led, with other factors, to serious problems with local government that sparked calls for a constitutional convention by the middle of the century.

The documentary history of the 1799 convention consists of the Journal of the Convention,37 published in 1799. This publication contained no debates or records, except some correspondence from the papers of the governor. Joan Wells Coward’s Kentucky in the New Republic: The Process of Constitution Making38 has the best account of the 1799 constitutional convention.

D. [1.28] Constitution of 1850

The driving forces behind the 1849 constitutional convention were reform and democracy. The main outlines of Kentucky’s tripartite government remained, but now all three branches, including the judiciary, were directly elected. County officerswerealsoelectedandacountyjudgewascreatedaschiefexecutiveoverthe county court. The crisis in county government did not end with the 1850 con-stitution, and heavy borrowing by localities to fund post-war transportation projects soon led to calls for a new convention. Criticism over the legislature’s increasing resort to private and local legislation also led to calls for reform.

The Constitutional Convention of 1849 was far better documented than prior conclaves. Both the Journal and Proceedings39 and the Report of the Debates and Proceedings40 were published, making it possible to research the intentions of the delegates. Robert M. Ireland’s County Courts in Antebellum Kentucky41 has

35 Lexington, Ky.: University Press of Kentucky, 1979.36 Lexington, Ky.: University Press of Kentucky, 1992.37 Journal of the Convention, Begun and Held at the Capitol in the Town of Frankfort, on

Monday the Twenty-Second Day of July, in the Year of Our Lord One Thousand, Seven Hundred and Ninety-Nine. Frankfort: Hunter and Beaumont, Printer to the Common-wealth, 1799. This is an extremely rare item.

38 Lexington, Ky.: University Press of Kentucky, 1979.39 Journal and Proceedings of the Convention of the State of Kentucky. Frankfort, Ky.: Print-

ed by A.G. Hodges & Co., 1849 <1850>.40 Report of the Debates and Proceedings of the Convention for the Revision of the Constitu-

tion of the State of Kentucky, 1849. Frankfort, Ky.: A.G. Hodges & Co., 1849.41 Lexington, Ky.: University Press of Kentucky, 1972.

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perhaps the best discussion of the background to, and the activities of, the 1849 constitutional convention.

E. [1.29] Constitution of 1891

The current Kentucky Constitution was drafted in a constitutional con-ventionheldfromApril1890toApril1891andratifiedbythevotersin1891(seeabove). The historical background to the 1890-91 convention is best captured by Hambleton Tapp and James C. Klotter in their Kentucky: Decades of Discord, 1865-1900.42

F. [1.30] Constitutional Revision Assembly, 1964-66

Frustrated by prior efforts to amend the constitution by convention, the General Assembly created a Constitutional Revision Assembly in 1964 to draft a new constitution. After weathering a legal challenge, the draft was placed before the electorate, which rejected it by a wide margin. Nevertheless, despite its inglo-rious end, the 1966 revised constitution contained many provisions later offered asamendments,includingaunifiedmulti-tieredjudicialsystem;second-termsforthegovernorandotherexecutiveofficials;andannualsixty-daysessionsoftheGeneral Assembly. Researchers of post-1966 amendments should not ignore the documents of the Constitutional Revision Assembly.

The 1966 Constitution can be found in Proposed Revision of the Constitu-tion of the Commonwealth of Kentucky,43 with the text mirroring Senate Bill No. 161. The Final Report of the Constitutional Revision Assembly was published in 1966 by the Legislative Research Commission. One other useful LRC document is A Comparison...The Present, The Proposed Kentucky Constitutions,44 which gives an annotated, side-by-side comparison of the 1891 and 1966 texts.

G. [1.31] Notable Amendments

Several notable amendments to the 1891 Constitution have been adopted over the last hundred years from the changes to allow reform of the broad-form deed to the provision for a state lottery. A table of these amendments can be found in an appendix to Citizens’ Guide to the Kentucky Constitution.45 Ireland’s The

42 Lexington, Ky.: University Press of Kentucky, 1977, pp. 263-266.43 Legislative Research Commission. Proposed Revision of the Constitution of the

Commonwealth of Kentucky, Info. Bull. No. 48. Frankfort, Ky.: Legislative Research Commission, 1966. See also Kentucky Constitution Revision Assembly and Legislative Research Commission. Summary of the Changes Proposed in the Constitution of the Commonwealth of Kentucky by the Constitution Revision Assembly (Senate Bill No. 161), Info. Bull. No. 47. Frankfort, Ky.: Legislative Research Commission, 1966.

44 Legislative Research Commission. A Comparison...The Present, The Proposed Kentucky Constitutions, Info. Bull. No. 52. Frankfort, Ky.: Legislative Research Commission, 1966.

45 Info. Bull. No. 137 / Rev. Aug. 1993. Frankfort, Ky.: Legislative Research Commission, 1993.

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Kentucky State Constitution: A Reference Guide46 also provides a good rundown of these amendments. However, three deserve special mention: the 1975 revision of the judicial system, the 1992 reform of the executive branch, and the 2000 re-organization of legislative sessions.

The 1975 judicial reform is dealt with in greater detail elsewhere in this book.47Inbrief,theamendmentunifiedthestatecourtsystemandprovidedforamodern system of justice with clear lines of jurisdiction and multiple levels of ap-peal. The roots of the reform can be found in the failed 1966 draft constitution. The General Assembly proposed a far-reaching amendment in 197448 which repealed several sections of the 1891 constitution (§§ 109-139, 141, & 143), and added severalothers(§§109-124).ThevotersratifiedtheamendmentinNovember1975and it became effective in 1976.49

The 1994 executive reform amendment was less dramatic in scope, but nonetheless was important in its own context. The amendment allowed the gov-ernorandotherstatewideofficialstosucceedthemselvesforoneadditionalterm.The amendment also provided for the joint election of governor and lieutenant-governor, altered the lieutenant-governor’s duties, and provided procedures for when the governor was unable to discharge his or her duties. The amendment was proposed in 199250andratifiedinNovemberofthatyear.Thisreformwasalsoforeshadowed by the failed 1966 draft constitution.51

The last branch of government to be reorganized by amendment was the legislature. In November 2000, the voters approved a measure creating a 30-day odd-year session of the Kentucky General Assembly.52 The amendment left intact the 60-day even-year sessions, as well as the governor’s power to call special sessions. The legislature’s powers are somewhat limited during the new odd-year sessions;itcanonlyraiserevenueorappropriatefundswithathree-fifthsvoteofeach house.53 Nonetheless, this amendment allowed Kentucky to join the large

46 Westport, Conn.: Greenwood Press, 1999.47 See Chapter 2, “The Kentucky Judicial System.”48 Ky. Acts 1974, ch. 84, §§ 1-3.49 “Kentucky’s New Court System:An Overview,” Kentucky Bench & Bar 41(1977): 13;

Boyce F. Martin, Jr. “Kentucky’s New Court of Appeals,” Kentucky Bench & Bar 41(1977): 8.

50 Ky. Acts 1992, ch. 168, §§ 1-16.51 A similar attempt to give the governor a second term failed in 1981.52 Sara Shipley, “Kentuckians Apparently Approve Amendment by Narrow Margin:

Lawmakers Now Must Prepare for January Return,” Courier-Journal, Nov. 8, 2000 at A6.53 This particular provision could allow legal attacks on laws passed in odd-year sessions by

simplemajoritiesif theycanbecharacterizedasfiscalmeasures.Researchersinterestedin this approach should examine litigation related to Ky. Const. § 46, which provides that acts “for the appropriation of money or the creation of debt” be passed in both houses by a majority of members elected to each house (rather than a majority of those actually voting) and Ky. Const. § 47, which requires that revenue and appropriation bills arise in the Kentucky House of Representatives. Skillful lawyers have successfully challenged laws that passed by majorities of less than the number required under § 46 by framing them as revenue or appropriation laws. D & W Auto Supply v. Dep’t of Revenue, 602 S.W.2d 420

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majorityofstateswithannualsessions,largelyfulfillingthegovernmentalrestruc-turing goals of the proponents of the 1966 Constitution.

The most recent and most controversial amendment was that passed in 2004 to bar the courts or legislature from allowing marriage between couples of the same sex. As the only provision in the Kentucky Constitution that restricts rather than protects personal rights, the language of the amendment (which also bars “a legal status identical or substantially similar to that of marriage for unmarried individuals”) raised fears that it may have broader scope than intended. However, in just a decade it was being seriously challenged in the courts. In 2013, the United States Supreme Court declared the federal version of the ban, the Defense of Mar-riage Act (“DOMA”), was ruled unconstitutional in United States v. Windsor.54 Thefollowingyear,asamesexcouplefiledsuitinU.S.DistrictCourttoforceKentucky to recognize their marriage which had been solemnized in another state. Other couples joined the case, which was titled Bourke v. Beshear. In February 12, 2014, Judge John G. Heyburn II ruled that Kentucky’s law violated the equal protection clause of the U.S. Constitution, a principle that he extended to a related case, Love v. Beshear, involving couples seeking marriage licenses.55 The case was appealed by the Governor Steven Beshear to the Sixth Circuit U.S. Court of Appeals (after Attorney General Jack Conway declined to appeal, citing his belief that Judge Heyburn’s opinion was correct). In November, the Sixth Circuit over-turned Heyburn’s decision, setting up an appeal to the U.S. Supreme Court. The cases were combined with similar appeals from Ohio and Michigan as Obergefell v. Hodges, and on June 26, 2015, the Supreme Court ruled state bans on same-sex marriage unconstitutional.56

(Ky. 1980). Laws that originated in the Senate have been challenged under § 47 on similar fiscalgrounds.See Legislative Research Comm’n ex rel. Prather v. Brown, 664 S.W.2d 907 (Ky. 1984); but see Livingston County v. Dunn, 51 S.W.2d 450 (Ky. 1962).

54 570 U.S. ___, 133 S. Ct. 2675 (2013).55 Memorandum Order of the United States District Court, Western District of Kentucky, at

Louisville, Bourke v. Beshear, Civil Action No. 3:13-CV-750-H, February 12, 2014.56 576 U.S. ___, 135 S. Ct. 2584 (2015).

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III. [1.32] Appendix

A. [1.33] Outline of the Kentucky Constitution

Preamble

Bill of Rights

Section 1 Rights of life, liberty, worship, pursuit of safety and happiness, free speech, acquiring and protecting property, peaceable as-sembly, redress of grievances, bearing arms.

Section 2 Absolute and arbitrary power denied.

Section 3 Men are equal – No exclusive grant except for public services – Property not to be exempted from taxation – Grants revocable.

Section 4 Power inherent in the people – Right to alter, reform, or abolish government.

Section 5 Right of religious freedom.

Section 6 Elections to be free and equal.

Section 7 Right of trial by jury.

Section 8 Freedom of speech and of the press

Section 9 Truth may be given in evidence in prosecution for publishing matters proper for public information – Jury to try law and facts in libel prosecutions.

Section 10 Security from search and seizure – Conditions of issuance of warrant.

Section 11 Rights of accused in criminal prosecution – Change of venue.

Section 12 Indictable offense not to be prosecuted by information – Excep-tions.

Section 13 Double jeopardy – Property not to be taken for public use without compensation.

Section 14 Right of judicial remedy for injury – Speedy trial.

Section 15 Laws to be suspended only by General Assembly.

Section 16 Right to bail – Habeas corpus.

Section17 Excessivebailorfine,orcruelpunishment,prohibited.

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Section 18 Imprisonment for debt restricted.

Section 19 Ex post facto law or law impairing contract forbidden – Rules of construction for mineral deeds relating to coal extraction.

Section 20 Attainder, operation of restricted.

Section 21 Descent in case of suicide or casualty.

Section 22 Standing armies restricted – Military subordinate to civil – Quar-tering soldiers restricted.

Section23 Noofficeofnobilityorhereditarydistinction,orforlongerthana term of years.

Section 24 Emigration to be free.

Section 25 Slavery and involuntary servitude forbidden.

Section 26 General powers subordinate to Bill of Rights – Laws contrary thereto are void.

Distribution Of The Powers Of Government

Section 27 Powers of government divided among legislative, executive, and judicial departments.

Section 28 One department not to exercise power belonging to another.

The Legislative Department

Section 29 Legislative power vested in General Assembly.

Section30 TermofofficeofSenatorsandRepresentatives.

Section31 TimeofelectionandtermofofficeofSenatorsandRepresenta-tives.

Section32 QualificationsofSenatorsandRepresentatives.

Section 33 Senatorial and Representative districts.

Section34 OfficersofHousesofGeneralAssembly.

Section 35 Number of Senators and Representatives.

Section 36 Time and place of meetings of General Assembly.

Section 37 Majority constitutes quorum – Powers of less than a quorum.

Section38 EachHousetojudgequalifications,elections,andreturnsofitsmembers – Contests.

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Section 39 Powers of each House as to rules and conduct of members – Contempt – Bribery.

Section 40 Journals – When vote to be entered.

Section 41 Adjournment during session.

Section 42 Compensation of members – Length of sessions – Legislative day.

Section 43 Privileges from arrest and from questioning as to speech or debate.

Section44 Ineligibilityofmemberstocivilofficecreatedorgivenincreasedcompensation during term.

Section 45 Collector of public money ineligible unless he has quietus.

Section 46 Bills must be reported by committee, printed, and read – How bill called from committee – Votes required for passage.

Section 47 Bills to raise revenue must originate in House of Representatives.

Section 48 Resources of Sinking Fund not to be diminished – Preservation of fund.

Section 49 Power to contract debts – Limit.

Section 50 Purposes for which debt may be contracted – Tax to discharge – Public vote.

Section 51 Law may not relate to more than one subject, to be expressed in title – Amendments must be at length.

Section 52 General Assembly may not release debt to State or to county or city.

Section 53 Investigation of accounts of Treasurer and Auditor – Report, publication, submission to Governor and General Assembly.

Section 54 No restriction on recovery for injury or death.

Section 55 When laws to take effect – Emergency legislation.

Section 56 Signing of bills – Enrollment – Presentation to Governor.

Section 57 Member having personal interest to make disclosure and not vote.

Section 58 General Assembly not to audit nor allow private claim – Excep-tion – Appropriations.

Section 59 Local and special legislation.

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Section 60 General law not to be made special or local by amendment – No special powers or privileges – Law not to take effect on approval of other authority than General Assembly–Exceptions.

Section 61 Provision to be made for local option on sale of liquor – Time of elections.

Section 62 Style of laws.

Counties And County Seats

Section 63 Area of counties – Boundaries – Creation and abolishment of counties.

Section 64 Division of county or removal of county seat, election required – Minimum population of county.

Section 65 Striking territory from county – Liability for indebtedness.

Impeachments

Section 66 Power of impeachment vested in House.

Section 67 Trial of impeachments by Senate.

Section68 Civilofficersliabletoimpeachment–Judgment–Criminalli-ability.

The Executive Department

Officers For The State At Large

Section 69 Executive power vested in Governor.

Section 70 Election of Governor and Lieutenant Governor – Term – Tie vote.

Section 71 Gubernatorial succession.

Section72 QualificationsofGovernorandLieutenantGovernor–Dutiesof Lieutenant Governor.

Section 73 When terms of Governor and Lieutenant Governor begin.

Section 74 Compensation of Governor and Lieutenant Governor.

Section 75 Governor is Commander-in-Chief of army, navy and militia.

Section76 PowerofGovernortofillvacancies.

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Section77 PowerofGovernortoremitfinesandforfeitures,grantreprievesand pardons – No power to remit fees.

Section78 Governormayrequireinformationfromstateofficers.

Section 79 Reports and recommendations to General Assembly.

Section 80 Governor may call extraordinary session of General Assembly, adjourn General Assembly.

Section 81 Governor to enforce laws.

Section 82 Succession of Lieutenant Governor.

Section 84 When Lieutenant Governor to act as Governor – President of the SenatenottopresideatimpeachmentofGovernor–Certificationof disability of Governor.

Section 85 President of Senate – Election – Powers.

Section 86 Compensation of President of the Senate.

Section 87 Who to act as Governor in absence of Lieutenant Governor and President of the Senate.

Section 88 Signature of bills by Governor – Veto – Passage over veto – Partial veto.

Section 89 Concurrent orders and resolutions on same footing as bill.

Section 90 Contest of election for Governor or Lieutenant Governor.

Section91 ConstitutionalStateofficers–Election–Qualifications–Termofoffice–Duties–SecretaryofStatetorecordactsofGovernorand report them to General Assembly.

Section92 QualificationsofAttorneyGeneral.

Section93 SuccessionofelectedConstitutionalStateOfficers–Duties–Inferiorofficersandmembersofboardsandcommissions.

Section95 TimeofelectionofelectedConstitutionalStateofficers.

Section96 CompensationofConstitutionalStateofficers.

Officers for Districts and Counties

Section 97 Commonwealth’s Attorney and Circuit Court Clerk – Election – Term.

Section 98 Compensation of Commonwealth’s Attorney.

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Section99 Countyofficers,justicesofthepeace,andconstables–Election– Term.

Section100 Qualificationsofofficersforcountiesanddistricts.

Section101 Qualificationsandjurisdictionofconstables.

Section102 Officersfornewcounties.

Section103 Bondsofcountyofficersandotherofficers.

Section104 Abolishmentofofficeofassessor–Assessormaynotsucceedhimself.

Section105 Consolidationofofficesofsheriffandjailer.

Section106 Feesofcountyofficers–Feesincountieshavingseventy-fivethousand population or more.

Section107 Additionalcountyordistrictofficesmaybecreated.

Section108 Abolishmentofofficeofcommonwealth’sattorney.

The Judicial Department

Section109 Thejudicialpower–Unifiedsystem–Impeachment.

The Supreme Court

Section 110 Jurisdiction – Quorum – Special justices – Districts – Chief Justice.

The Court of Appeals

Section 111 Composition – Jurisdiction – Administration – Panels.

The Circuit Court

Section 112 Location – Circuits – Composition – Administration – Jurisdic-tion.

The District Court

Section 113 Location – Districts – Composition – Administration – Trial commissioners – Jurisdiction.

Clerks Of Court

Section 114 Selection – Removal.

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Appellate Policy – Rule-Making Power

Section 115 Right of appeal – Procedure.

Section 116 Rules governing jurisdiction, personnel, procedure, bar member-ship.

Offices Of Justices And Judges

Section 117 Election.

Section 118 Vacancies.

Section119 Termsofoffice.

Section 120 Compensation – Expenses.

Section 121 Retirement and removal.

Section 122 Eligibility.

Section 123 Prohibited activities.

Section124 Conflictingprovisions.

County Courts

Section 140 County Court for each county – Judge – Compensation – Com-mission – Removal.

Justices Of The Peace

Section 142 Justices’ districts – One Justice for each district – Jurisdiction and powers of Justices – Commissions – Removal.

Fiscal Courts

Section 144 Fiscal Court for each county – To consist of Justices of the Peace or Commissioners, and County Judge – Quorum.

Suffrage And Elections

Section 145 Persons entitled to vote.

Section 146 Soldiers or sailors stationed in State are not residents.

Section 147 Registration of voters – Manner of voting – Absent voting – Vot-ingmachines–“Election”defined–Electionlaws–Illiterateand disabled voters.

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Section148 Numberofelections–Dayandhoursofelection–Qualificationsofofficers–Employeestobegiventimetovote.

Section 149 Privilege from arrest during voting.

Section150 Disqualificationfromofficeforusingmoneyorpropertytosecureorinfluenceelection–Corporationnottousemoneyorotherthingofvaluetoinfluenceelection–Exclusionfromofficeforconviction of felony or high misdemeanor – Laws to regulate elections.

Section 151 Person guilty of fraud, intimidation, bribery, or corrupt practice tobedeprivedofofficebysuitablestatutorymeans.

Section152 Vacancies–Whenfilledbyappointment,whenbyelection–Whotofill.

Section 153 Power of General Assembly as to elections.

Section 154 Laws as to sale or gift of liquor on election days.

Section 155 School elections not governed by Constitution.

Municipalities

Section 156a General Assembly authorized to provide for creation, govern-mentalstructure,andclassificationofcities.

Section 156b General Assembly authorized to permit municipal home rule for cities.

Section 157 Maximum tax rate for cities, counties, and taxing districts.

Section 157a Credit of Commonwealth may be loaned or given to county for roads – County may vote to incur indebtedness and levy addi-tional tax for roads.

Section 157b Adoption of budget required for cities, counties, and taxing districts–Expendituresnottoexceedrevenuesforfiscalyear.

Section 158 Maximum indebtedness of cities, counties, and taxing districts – General Assembly authorized to set additional limits and condi-tions.

Section 159 Tax to pay indebtedness in not more than forty years must be levied.

Section160 Municipalofficers–Electionandtermofoffice–Officersineli-gible–Fiscalofficers.

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Section161 Compensation of city, county, ormunicipal officer not to bechanged after election or appointment or during term, nor term extended.

Section 162 Unauthorized contracts of cities, counties, and municipalities are void.

Section 163 Public utilities must obtain franchise to use streets.

Section 164 Term of franchises limited – Advertisement and bids.

Section165 Incompatibleofficesandemployments.

Section 166 Expiration of city charters granted prior to Constitution.

Section167 Timeofelectionofcity,urban-county,andtownofficers.

Section168 Ordinancenottofixlesspenaltythanstatuteforsameoffense–Prosecution under one a bar.

Revenue and Taxation

Section 169 Fiscal year.

Section 170 Property exempt from taxation – Cities may exempt factories forfiveyears.

Section 171 State tax to be levied – Taxes to be levied and collected for public purposes only and by general laws, and to be uniform withinclasses–Classificationofpropertyfortaxation–Bondsexempt – Referendum on act classifying property.

Section 172 Property to be assessed at fair cash value – Punishment of asses-sor for willful error.

Section 172A Assessment for ad valorem tax purposes of agricultural and horticultural land.

Section 172B Property assessment or reassessment moratoriums.

Section173 Officerreceivingprofitonpublicfundsguiltyoffelony.

Section 174 Property to be taxed according to value, whether corporate or individual – Income, license, and franchise taxes.

Section 175 Power to tax property not to be surrendered.

Section 176 Commonwealth not to assume debt of county or city – Exception.

Section 177 Commonwealth not to lend credit, nor become stockholder in corporation, nor build railroad or highway.

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Section 178 Law for borrowing money to specify purpose, for which alone money may be used.

Section 179 Political subdivision not to become stockholder in corporation, or appropriate money or lend credit to any person, except for roads or State Capitol.

Section 180 Act or ordinance levying any tax must specify purpose, for which alone money may be used.

Section 181 General Assembly may not levy tax for political subdivision, but may confer power – License and excise taxes – City taxes in lieu of ad valorem taxes.

Section 182 Railroad taxes – How assessed and collected.

Education

Section 183 General Assembly to provide for school system.

Section 184 Common school fund – What constitutes – Use – Vote on tax for education other than in common schools.

Section 185 Interest on school fund – Investment.

Section 186 Distribution and use of school fund.

Section 187 Race or color not to affect distribution of school fund.

Section 188 Refund of Federal direct tax part of school fund – Irredeemable bond.

Section 189 School money not to be used for church, sectarian, or denomi-national school.

Corporations

Section 190 Corporations must accept Constitution.

Section 191 Unexercised charters granted prior to Constitution revoked.

Section 192 Corporations restricted to charter authority – Holding of real estate limited.

Section 193 Stock or bonds to be issued only for money or for property or labor at market value – Watered stock void.

Section 194 Corporations to have place of business and process agent in State.

Section 195 Corporation property subject to eminent domain – Corporations not to infringe upon individuals.

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Section 196 Regulation of common carriers – No relief from common-law liability.

Section197 Freepassesorreducedratestoofficersforbidden.

Section 198 Trusts and combinations in restraint of trade to be prevented.

Section 199 Telegraph and telephone companies – Right to construct lines – Exchange of messages.

Section 200 Domestic corporation consolidating with foreign does not become foreign.

Section 201 Public utility company not to consolidate with, acquire or operate competing or parallel system – Common carriers not to share earnings with one not carrying – Telephone companies excepted under certain conditions.

Section 202 Foreign corporations not to be given privileges over domestic.

Section 203 Liabilities under corporate franchise not released by lease or alienation.

Section204 Bankofficerliableforreceivingdepositforinsolventbank.

Section 205 Forfeiture of corporate charters in case of abuse or detrimental use.

Section 206 Warehouses subject to legislative control – Inspection – Protec-tion of patrons.

Section 207 Cumulative voting for directors of corporations – Proxies.

Section 208 “Corporation” includes joint stock company or association.

Railroads and Commerce

Section209 RailroadCommission –Election, term, and qualifications ofCommissioners – Commissioners’ districts – Powers and duties – Removal – Vacancies.

Section 210 Common carrier corporation not to be interested in other busi-ness.

Section 211 Foreign railroad corporation may not condemn or acquire real estate.

Section 212 Rolling stock, earnings, and personal property of railroads subject to execution or attachment.

Section213 Railroadcompanies tohandle trafficwithconnectingcarrierswithout discrimination.

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Section 214 Railroad not to make exclusive or preferential contract.

Section 215 Freight to be handled without discrimination.

Section 216 Railroad must allow tracks of others to cross or unite.

Section 217 Penalties for violating Sections 213, 214, 215, or 216 – Attorney General to enforce.

Section 218 Long and short hauls.

The Militia

Section 219 Militia, what to consist of.

Section 220 General Assembly to provide for militia – Exemptions from service.

Section 221 Government of militia to conform to Army regulations.

Section222 Officersofmilitia–AdjutantGeneral.

Section 223 Safekeeping of public arms, military records, relics, and banners.

General Provisions

Section224 Bonds–Whatofficerstogive–Liabilityon.

Section 225 Armed men not to be brought into State – Exception.

Section 226 State lottery – Charitable lotteries and charitable gift enterprises – Other lotteries and gift enterprises forbidden.

Section227 Prosecutionandremovaloflocalofficersformisfeasance,mal-feasance, or neglect.

Section228 Oathofofficersandattorneys.

Section229 “Treason”defined–Evidencenecessarytoconvict.

Section 230 Money not to be drawn from Treasury unless appropriated – An-nual publication of accounts – Certain revenues usable only for highway purposes.

Section 231 Suits against the Commonwealth.

Section 232 Manner of administering oath.

Section 233 General laws of Virginia in force in this State until repealed.

Section 233A Valid or recognized marriage – Legal status of unmarried indi-viduals.

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Section234 Residenceandplaceofofficeofpublicofficers.

Section235 Salariesofpublicofficersnottobechangedduringterm–De-ductions for neglect.

Section236 Whenofficerstoenteruponduties.

Section237 FederalofficeincompatiblewithStateoffice.

Section238 Dischargeofsuretiesonofficers’bonds.

Section239 Disqualificationfromofficeforpresentingoracceptingchallengeto duel – Further punishment.

Section 240 Pardon of person convicted of dueling.

Section 241 Recovery for wrongful death.

Section 242 Just compensation to be made in condemning private property – Right of appeal – Jury trial.

Section 243 Child labor.

Section 244 Wage-earners in industry or of corporations to be paid in money.

Section 244a Old age assistance.

Section 245 Revision of statutes to conform to Constitution.

Section246 Maximumlimitoncompensationofpublicofficers.

Section247 Publicprinting–Contractfor–Officersnottohaveinterestin– Governor to approve.

Section 248 Juries – Number of jurors – Three-fourths may indict or give verdict.

Section 249 Employees of General Assembly – Number and compensation.

Section 250 Arbitration, method for to be provided.

Section 251 Limitation of actions to recover possession of land based on early patents.

Section 252 Houses of reform to be established and maintained.

Section 253 Working of penitentiary prisoners – When and where permitted.

Section 254 Control and support of convicts – Leasing of labor.

Section 255 Frankfort is state capital.

Mode of Revision

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Section 256 Amendments to Constitution – How proposed and voted upon.

Section 257 Publication of proposed amendments.

Section 258 Constitutional Convention – How proposed, voted upon, and called.

Section259 Numberandqualificationsofdelegates.

Section 260 Election of delegates – meeting.

Section261 Certificationofelectionandcompensationofdelegates.

Section262 Determinationofelectionandqualificationsofdelegates–Con-tests.

Section 263 Notice of election on question of calling convention.

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Kentucky Judicial System


2

KENTUCKY JUDICIAL SYSTEM



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I. [2.1] Introduction to Kentucky Judicial System .......................2-7A. [2.2] Courts under Kentucky Constitution ......................2-7B. [2.3] Supreme Court ........................................................2-7

1. [2.4] Jurisdiction ...............................................2-72. [2.5] Supreme Court Districts ...........................2-73. [2.6] Election of Justices ...................................2-84. [2.7] Chief Justice of the Supreme Court ..........2-8

C. [2.8] Court of Appeals .....................................................2-91. [2.9] Jurisdiction ...............................................2-92. [2.10] Standard of Review ................................2-103. [2.11] Judicial Districts .....................................2-10

D. [2.12] Circuit Courts ........................................................2-101. [2.13] Jurisdiction .............................................2-102. [2.14] Judicial Circuits ......................................2-113. [2.15] Family Court ..........................................2-12

E. [2.16] District Courts .......................................................2-131. [2.17] Jurisdiction .............................................2-132. [2.18] Judicial Districts .....................................2-143. [2.19] Trial Commissioners ..............................2-16

II. [2.20] Kentucky Judiciary ...........................................................2-16A. [2.21] Appointment, Election, and Removal of

Judges ...................................................................2-161. [2.22] Elections .................................................2-162. [2.23] Qualifications .........................................2-163. [2.24] Interim Appointments to Fill

Vacancies ................................................2-174. [2.25] Retirement and Removal ........................2-175. [2.26] Prohibited Activities ...............................2-176. [2.27] Compensation .........................................2-18

B. [2.28] Judicial Code of Conduct ......................................2-18

III. [2.29] Court Administration........................................................2-18A. [2.30] Administrative Duties of the Chief Justice ...........2-18B. [2.31] Clerk of the Supreme Court ..................................2-19C. [2.32] AdministrativeOfficeoftheCourts .....................2-19

1. [2.33] Administration of the Court ...................2-192. [2.34] Court of Justice Budget ..........................2-203. [2.35] State Law Librarian and Supreme

Court Law Library ..................................2-20D. [2.36] Circuit Court Clerks ..............................................2-20E. [2.37] Court Records .......................................................2-21

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IV. [2.38] Court Rules and Jury Instructions ..................................2-22A. [2.39] Kentucky Rules of Court ......................................2-22B. [2.40] Jury Instructions ....................................................2-23

V. [2.41] Mandatory Authority and Precedent – Effect of Published and Unpublished Opinions of the Supreme Court and Court of Appeals .............................2-23

A. [2.42] Supreme Court ......................................................2-23B. [2.43] Court of Appeals ...................................................2-24C. [2.44] Effect of Unpublished Opinions ...........................2-24

1. [2.45] Publication Rule .....................................2-242. [2.46] Rationale for Publication Rule ...............2-253. [2.47] Criteria for Publication ...........................2-26

VI. [2.48] History of the Court System .............................................2-26A. [2.49] Introduction ...........................................................2-26B. [2.50] Courts Under the First Constitution,

1792-1799 .............................................................2-271. [2.51] Justices’ Court ........................................2-272. [2.52] Court of Quarter-Sessions ......................2-273. [2.53] County Court ..........................................2-274. [2.54] Court of Oyer and Terminer ...................2-275. [2.55] District Court ..........................................2-276. [2.56] General Court .........................................2-287. [2.57] Court of Appeals .....................................2-28

C. [2.58] Courts Under the Second Constitution, 1799-1850 .............................................................2-28

1. [2.59] Justices’ Court, County Court, and District Court ...................................2-28

2. [2.60] Court of Quarter-Sessions ......................2-283. [2.61] Circuit Court ...........................................2-284. [2.62] General Court .........................................2-295. [2.63] Court of Appeals .....................................2-29

D. [2.64] Courts Under the Third Constitution, 1850-1892 .............................................................2-29

1. [2.65] Justices’ Court ........................................2-292. [2.66] County Court ..........................................2-293. [2.67] Court of Claims ......................................2-294. [2.68] Quarterly Court.......................................2-305. [2.69] General Court .........................................2-306. [2.70] Circuit Court ...........................................2-307. [2.71] Court of Appeals .....................................2-308. [2.72] Superior Court ........................................2-30

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E. [2.73] Courts Under the Fourth Constitution up to the 1976 Judicial Amendment, 1892-1975 ...........2-31

1. [2.74] Justices’ Court ........................................2-312. [2.75] County Court ..........................................2-313. [2.76] Quarterly Court.......................................2-314. [2.77] Fiscal Court ............................................2-315. [2.78] Police Court ............................................2-316. [2.79] Circuit Court ...........................................2-327. [2.80] Court of Appeals .....................................2-32

F. [2.81] Judicial Reform of 1975 .......................................2-32

VII. [2.82] Federal Courts in Kentucky .............................................2-32

VIII. [2.83] Appendix ............................................................................2-34A. [2.84] Supreme Court Justices of Kentucky

1976-2015 .............................................................2-34B. [2.85] Map of the Supreme Court Districts .....................2-38

1. [2.86] First District ............................................2-382. [2.87] Second District .......................................2-393. [2.88] Third District ..........................................2-404. [2.89] Fourth District ........................................2-415. [2.90] Fifth District ...........................................2-426. [2.91] Sixth District ..........................................2-437. [2.92] Seventh District ......................................2-44

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I. [2.1] Introduction to Kentucky Judicial System

A. [2.2] Courts under Kentucky Constitution

TheKentuckyConstitution,asamendedin1975,setsupaunifiedjudicialsystem of lower trial courts (the District and Circuit Courts), an intermediate appel-late court (the Court of Appeals), and a high court of last appeal (the Supreme Court). Thevariouscourtsareallocatedthroughoutthestateinjudicialdistrictsdividedonthebasisofpopulationandarepresidedoverbyjudgeselectedbythevotersofthesegeographicdistricts.ThejudiciaryofKentuckyisanindependentbranchofgovernmentwithitsownadministration,knownofficiallyastheCourtofJustice,but like the executive branch, its funding must be allocated by the legislature. The topadministratorofthejudicialbranchistheChiefJusticeoftheSupremeCourt.TheChiefJusticeisassistedbythestaffoftheAdministrativeOfficeoftheCourts(“AOC”),theministerialarmofthejudicialbranch.LocaladministrationofthecourtsisconductedbytheCircuitCourtClerk,aconstitutionally-providedofficerof the courts who is ultimately under the direction of the Chief Justice. There is one Circuit Clerk for each of Kentucky’s 120 counties.

B. [2.3] Supreme Court

1. [2.4] Jurisdiction

Section 110 of the Kentucky Constitution dictates that “The Supreme Courtshallhaveappellatejurisdictiononly,exceptitshallhavethepowertoissueallwritsnecessaryinaidofitsappellatejurisdiction,orthecompletedeterminationof any cause, or as may be required to exercise control of the Court of Justice.” Ky. Const. §110(2)(a).TheSupremeCourthasexclusivejurisdictionovercapitalappealsandappealsofseriousfelonies:“AppealsfromajudgmentoftheCircuitCourt imposing a sentence of death or life imprisonment or imprisonment for twenty years or more shall be taken directly to the Supreme Court.” Ky. Const. §110(2)(b).Notonlyisthisjurisdictionexclusive,suchappealsareaconstitutionalrightandappellantsdonothavetoraisesignificantlegalissuestobeheardbythecourt. In all other cases, criminal and civil, the Supreme Court exercises appellate jurisdiction“asprovidedbyitsrules.”Id.

2. [2.5] Supreme Court Districts

Pursuant to its mandate, the Kentucky General Assembly has created seven Supreme Court districts, composed of the following counties:

First District: Allen, Ballard, Butler, Caldwell, Calloway, Carlisle, Christian, Crittenden, Edmonson, Fulton, Graves, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenberg, Simpson, Todd, Trigg, Webster

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Second District: Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union, Warren

Third District: Adair, Bell, Casey, Clay, Clinton, Cumberland, Estill, Garrard, Green, Jackson, Knox, Laurel, Lee, Leslie, Lincoln, Marion, McCreary, Metcalfe, Monroe, Nelson, Pulaski, Rockcastle, Russell, Taylor, Washington, Wayne, Whitley

Fourth District: Jefferson

Fifth District: Anderson, Bourbon, Boyle, Clark, Fayette, Franklin, Jessamine, Madison, Mercer, Scott, Woodford

Sixth District: Bath, Boone, Bracken, Campbell, Carroll, Fleming, Gallatin, Grant, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Old-ham, Owen, Pendleton, Robertson, Shelby, Spencer, Trimble

Seventh District: Boyd, Breathitt, Carter, Elliott, Floyd, Greenup, Harlan, John-son,Knott, Lawrence,Letcher,Magoffin,Martin,Menifee,Montgomery, Morgan, Owsley, Perry, Pike, Powell, Rowan, Wolfe

3. [2.6] Election of Justices

Justices of the Supreme Court are elected to an eight-year term by popular vote in a non-partisan poll of the registered electorate of the district. KRS 21A.020. Elections are held every eight years under the following schedule:

• Fifthdistrict:Thefirstelectionwasheldin1976;thenextthree will be held in 2016, 2024, and 2032.

• Thirddistrict:Thefirstelectionwasheldin1978;thenextthree will be held in 2018, 2026, and 2034.

• Seventhdistrict: Thefirstelectionwasheldin1980;thenext three will be held in 2020, 2028, and 2036.

• First,Second,FourthandSixthdistricts:Thefirstelectionwasheldin1982;thenextthreewillbeheldin2022,2030,and 2038.

4. [2.7] Chief Justice of the Supreme Court

The Justices of the Supreme Court elect one of their number to serve as Chief Justice for a term of four years. Ky. Const. § 110(5)(a). The Chief Justice actsasthechiefadministratoroftheKentuckyjudicialsystem,notonlybymanag-ing the day-to-day operations of the courts, hiring competent staff, and creating a budget for submission to the General Assembly, but also by helping plan the future ofthejudicialsystemintheCommonwealth.

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C. [2.8] Court of Appeals

Section 111 of the Kentucky Constitution creates a Court of Appeals consisting“initiallyoffourteenjudges,anequalnumbertobeselectedfromeachSupreme Court district.” While the legislature has the power to reduce or enlarge this number (presumably due to changes in the population of the state or the ap-pellatecaseload),ithasnotyetchosentodoso.CourtofAppealsjudgesserveeight-year terms.

The Constitution provides for a Chief Judge of the Court of Appeals, elected by his or her peers for a term of four years. Ky. Const. § 111(3). Among the chief administrative tasks of the Chief Judge is to divide the Court of Appeals “intopanelsofnotlessthanthreejudges.”Ky.Const.§111(4).Thesethree-judgepanels constitute the body that hears individual appeals to the Court of Appeals. Apaneldecidesacasebyamajorityvoteofitsjudges.TheConstitutionleavesitto the court itself to prescribe the times and places at which each panel shall sit.


The Kentucky Constitution mandates that the “Court of Appeals shall have appellatejurisdictiononly,exceptthatitmaybeauthorizedbyrulesoftheSupremeCourt to review directly decisions of administrative agencies of the Commonwealth, anditmayissueallwritsnecessaryinaidofitsappellatejurisdiction,orthecom-pletedeterminationofanycausewithinitsappellatejurisdiction.Inallothercases,itshallexerciseappellatejurisdictionasprovidedbylaw.”Ky.Const.§111(2).

An appeal “may be taken as a matter of right to the Court of Appeals fromanyconviction,finaljudgment,order,ordecreeinanycaseinCircuitCourt,includingafamilycourtdivisionofCircuitCourt,unlesssuchconviction,finaljudgment,order,ordecreewasrenderedonanappealfromaninferiorcourt.”KRS22A.020(1).Theonlymajorexceptionisjudgmentsimposingasentenceofdeathor life imprisonment or imprisonment for twenty years or more, which § 110 of the Kentucky Constitution reserves for the Supreme Court.

ApartytoajudgmentoftheCircuitCourtinacaseappealedfromaninferior court, though barred from an appeal by KRS 22A.020(1), may petition the Court of Appeals for a writ of certiorari. KRS 22A.020(5).

TheCourtofAppealsalsohasjurisdictiontoreviewinterlocutoryordersoftheCircuitCourtincivilcases,butonlyasauthorizedbyrulespromulgatedby the Supreme Court. KRS 22A.020(2). An appeal may be taken to the Court of Appeals by the state in criminal cases from an adverse decision or ruling of the Circuit Court, but only under the following conditions: (a) such appeal must not suspendtheproceedingsinthecase;(b)theappealshallbetakeninaccordancewiththeRulesofCriminalProcedureandtheRulesoftheSupremeCourt;and(c)theresultofsuchanappeal“wouldnotconstitutedoublejeopardyorotherwiseviolate any constitutional rights of the defendant.” KRS 22A.020(4).

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TheCourtofAppealshasnojurisdictiontoreviewaCircuitCourtorderdissolving a marriage either by appeal or by writ of certiorari. KRS 22A.020(3).

2. [2.10] Standard of Review

A“judgment,orderordecreeofalowercourtmaybereversed,modifiedor set aside by the Court of Appeals for “errors appearing in the record.” KRS 22A.060(1). The procedures for appellate review shall be established by the Rules of Civil Procedure, Rules of Criminal Procedure, and other rules promulgated by the Supreme Court. KRS 22A.060(2).

3. [2.11] Judicial Districts

The Kentucky Constitution gives the General Assembly the power to determinethenumberofCourtofAppealsjudges“uponcertificationofnecessityby the Supreme Court.” Ky. Const. § 111(1). The legislature has determined that the“CourtofAppealsshallconsistoffourteenjudges,withtwojudgesfromeachof seven Court of Appeals districts” and that the “districts of the Court of Appeals shall correspond in geographical dimensions to the districts of the Supreme Court.” KRS 22A.010.

D. [2.12] Circuit Courts


KRS23A.010 lays out the jurisdiction of aKentuckyCircuitCourt.Ingeneral,theCircuitCourtisacourtofgeneraljurisdiction;ithasoriginalju-risdictionofalljusticiablecauses“notexclusivelyvestedinsomeothercourt.”KRS23A.010(1).AsKRS24A.110grantsexclusive jurisdictionovercriminalmisdemeanors to District Court, and KRS 24A.120 gives District Court exclusive jurisdictionofcivilcaseswithlessthan$4,000incontroversy,thecumulativeef-fectofthesesectionsistogiveCircuitCourtexclusiveoriginaljurisdictiontotrycriminalfeloniesandcivilcaseswithmorethan$4,000atstake.

TheCircuitCourthasappellate jurisdictionoveradirect appeal fromDistrictCourtforanyfinalactionof theDistrictCourtandmayissueallwritsnecessaryinaidofitsappellatejurisdiction,orthecompletedeterminationofanycausewithin itsappellate jurisdiction.KRS23A.080.The legislaturemayalsoauthorizetheCircuitCourt toreviewtheactionsordecisionsofadministrativeagencies, special districts, or boards. However, such a review is not considered to constitute an appeal but an original action. KRS 23A.010(4).

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2. [2.14] Judicial Circuits

Thestateisdividedintojudicialcircuits,1 each to be composed of the following counties:

TABLE 1 – Circuit Court Judicial Districts (KRS 23A.020)District County or Counties No. of Judges

1st Ballard, Carlisle, Fulton, and Hickman 12nd McCracken 33rd Christian 34th Hopkins 25th Crittenden, Union, and Webster 26th Daviess 27th Logan and Todd 18th Warren 49th Hardin 410th Hart, LaRue, and Nelson 211th Green, Marion, Taylor, and Washington 212th Henry, Oldham, and Trimble 213th Garrard and Jessamine 214th Bourbon, Scott, and Woodford 315th Carroll, Grant, and Owen 116th Kenton 517th Campbell 318th Harrison, Nicholas, Pendleton, and Robertson 219th Bracken, Fleming, and Mason 120th Greenup and Lewis 221st Bath, Menifee, Montgomery, and Rowan 222nd Fayette 923rd Estill, Lee, and Owsley 124th Lawrence, Johnson, and Martin 225th Clark and Madison 426th Harlan 127th Knox and Laurel 328th Lincoln, Pulaski, and Rockcastle 329th Adair and Casey 130th Jefferson 2331st Floyd 332nd Boyd 233rd Perry 134th Whitley and McCreary 2

1 This section incorporates changes from the 2015 General Assembly.

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35th Pike 336th MagoffinandKnott 137th Carter, Elliott, and Morgan 238th Butler, Edmonson, Ohio, and Hancock 239th Breathitt, Wolfe, and Powell 240th Clinton, Cumberland, and Monroe 141st Clay, Jackson, and Leslie 242nd Calloway and Marshall 243rd Barren and Metcalfe 244th Bell 145th Muhlenberg and McLean 146th Breckinridge, Grayson, and Meade 247th Letcher 148th Franklin 349th Allen and Simpson 250th Boyle and Mercer 251st Henderson 252nd Graves 153rd Shelby, Anderson, and Spencer 254th Boone and Gallatin 355th Bullitt 256th Caldwell, Livingston, Lyon, and Trigg 157th Russell and Wayne 2

Eachjudicialdistrictisallottedonecircuitjudge,electedinthedistrictto an eight-year term, except as otherwise provided. KRS 23A.020. Currently, twenty-sixdistrictsareallocatedtwocircuitjudgesandtwonumbereddivisions(KRS23A.040).Tenareentitledtothreecircuitjudgesandthreenumbereddivi-sions of the circuit court (KRS 23A.045). Three districts are entitled to four circuit judgesandfourdivisions(KRS23A.050).

TheSixteenthJudicialDistrict(Kenton)isentitledtofivecircuitjudgesandfivenumbereddivisions(KRS23A.055).TheTwenty-secondJudicialDistrict(Fayette)isentitledtoninecircuitjudgesandnumbereddivisions(KRS23A.060).TheThirtiethJudicialDistrict(Jefferson)isentitledtotwenty-threecircuitjudgesarranged into thirteen numbered general divisions and ten numbered family court divisions (KRS 23A.070).

3. [2.15] Family Court

In 2002 voters approved a constitutional amendment, Ky. Const. § 112(6), thatregularizedfamilycourtdivisionsofthecircuitcourt.KRS23A.100wasthenrepealedandreenactedtosetoutthejurisdictionofthesecourts.Thefamilycourtdivisionofcircuitcourt“retainsjurisdiction”incasesofdissolutionofmarriage,

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child custody, visitation, maintenance and support, distribution of property in dissolution cases, adoption, and termination of parental rights. KRS 23A.100(1).

Familycourtsarealsograntedjurisdictionover“domesticviolenceandabuse proceedings under KRS Chapter 403 subsequent to the issuance of an emer-gencyprotectiveorderinaccordwithlocalprotocolsunderKRS403.735”;pro-ceedings under the Uniform Act on Paternity (KRS Chapter 406), and the Uniform InterstateFamilySupportAct,(KRS407.5101to407.5902);dependency,neglect,andabuseproceedingsunderKRSChapter620;and“juvenilestatusoffensesunderKRS Chapter 630, except where proceedings under KRS Chapter 635 or 640 are pending.” KRS 23A.100(2). Moreover, the law provides a “catch-all” section, KRS 23A.110,thatdirectsthatthejurisdictionofthefamilycourtdivisionbe“liberallyconstrued and applied to promote its underlying purposes.” These purposes include:

(1) To strengthen and preserve the integrity of the family and safeguardmaritalandfamilialrelationships;

(2) To protect children and adult family members from domestic violenceandabuse;

(3) To promote the amicable settlement of disputes that have arisenbetweenfamilymembers;

(4) Toassureanadequateremedyforchildrenadjudgedtobedependent, abused, or neglected, and for those children adjudicatedasstatusoffenders;

(5) To mitigate the potential harm to the spouses and their chil-drencausedbytheprocessoflegaldissolutionofmarriage;

(6) To make adequate provision for the care, custody, and sup-port of minor children of divorce and for those children who havebeenbornoutofwedlock;and

(7) To provide a level of proceedings, when necessary, that is more appropriate to a family court division of Circuit Court.”

KRS 23A.110.

Despitethebroadjurisdictionlaidoutforfamilycourts,thelawnotesthat“nothing in this section (KRS 23A.100), shall be construed to limit the concurrent jurisdictionofDistrictCourt.”KRS23A.100(3).

E. [2.16] District Courts


Reflectingthecommonwealth’sstrongtraditionoflocalizedjustice,theKentuckyConstitutionprovidesthatDistrictCourt–thelowestunitofjudicialadministration – “shall be held in each county.” Ky. Const. § 113(1). District Court isatrialcourtoflimitedjurisdiction,withpowertoexerciseoriginaljurisdiction

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only as provided by the Kentucky legislature. Ky. Const. § 113(6). The District Courtshavebeengivenexclusive jurisdictionto trynon-felonycriminalcases,exceptingthosemisdemeanorsthatarejoinedtoafelony.KRS24A.110.Theyalsohaveexclusivejurisdictionovercivilcasesinwhichtheamountincontroversydoesnotexceed$4,000(KRS24A.120),andprobatematters“deemedtobenon-adversarial.” KRS 24A.120(1)-(3).

2. [2.18] Judicial Districts

Thestate isdividedintojudicialdistricts,eachtobecomposedof thefollowing counties:

TABLE 2 – District Court Judicial Districts (KRS 24A.030)District County or Counties No. of Judges

1st Fulton and Hickman 12nd McCracken 23rd Christian 24th Hopkins 25th Crittenden, Union, and Webster 16th Daviess 37th Logan and Todd 18th Warren 39th Hardin 210th Hart and LaRue 111th Green, Marion, Taylor, and Washington 212th Henry, Oldham, and Trimble 213th Garrard, Jessamine, and Lincoln 214th Bourbon, Scott, and Woodford 215th Carroll, Grant, and Owen 216th Kenton 317th Campbell 218th Harrison, Nicholas, Pendleton, and Robertson 119th Bracken, Fleming, and Mason 120th Greenup and Lewis 121st Bath, Menifee, Montgomery, and Rowan 222nd Fayette 523rd Estill, Lee, and Owsley 124th Lawrence, Johnson, and Martin 225th Clark and Madison 326th Harlan 127th Knox and Laurel 228th Pulaski and Rockcastle 229th Adair and Casey 1

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30th Jefferson 1731st Floyd 232nd Boyd 233rd Perry 134th Whitley and McCreary 235th Pike 236th MagoffinandKnott 137th Carter, Elliott, and Morgan 138th Butler, Edmonson, Ohio, and Hancock 239th Breathitt, Wolfe, and Powell 140th Clinton, Russell, and Wayne 241st Clay, Jackson, and Leslie 242nd Calloway 143rd Barren and Metcalfe 144th Bell 145th Muhlenberg and McLean 146th Breckinridge, Grayson, and Meade 247th Letcher 148th Franklin 249th Allen and Simpson 150th Boyle and Mercer 151st Henderson 252nd Graves 153rd Shelby, Anderson, and Spencer 254th Boone and Gallatin 255th Bullitt 256th Caldwell, Livingston, Lyon, and Trigg 257th Nelson 158th Marshall 159th Ballard and Carlisle 160th Cumberland and Monroe 1

Eachjudicialdistrictisallottedonedistrictjudge,electedinthedistricttoa four-year term, (KRS 24A.040), except as otherwise provided. Twenty-eight dis-trictsareallocatedtwodistrictjudgesandtwonumbereddivisions(KRS24A.050),whilefourareentitledtothreedistrictjudgesandthreenumbereddivisionsofthedistrictcourt(KRS24A.060)andoneisentitledtofourdistrictjudgesandfournumbered divisions (KRS 24A.070). (See Table 1, supra, to see the exact number ofjudgesallotted).

TheTwenty-secondJudicialDistrict(Fayette)isentitledtofivedistrictjudgesandfivedivisions(KRS24A.080)andtheThirtiethJudicialDistrict(Jef-ferson)isentitledtoseventeendistrictjudgesandseventeennumbereddivisionsof the district court (KRS 24A.090).

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3. [2.19] Trial Commissioners

Thosecountieswithoutaresidentdistrictjudgeareprovidedwithatrialcommissioner.KRS24A.100.Trialcommissionersareappointedbythechiefjudgeof the district. Ky. Const. § 113(5). The Kentucky Constitution gives trial commis-sioners “power to perform such duties of the district court as may be prescribed by the Supreme Court.” Id. By rule, the Supreme Court gives trial commissioners many ofthepowersofanelecteddistrictcourtjudge“subjecttoreviewbythechiefdis-trictjudge.”ThesepowersarecarefullyenumeratedinSupremeCourtRule5.030.

II. [2.20] Kentucky Judiciary

A. [2.21] Appointment, Election, and Removal of Judges

1. [2.22] Elections

AlljudgesinthestateofKentuckyarepopularlyelectedfromtheirre-spective districts in nonpartisan elections. Ky. Const. § 117. In the spring primary election,whentherearemorethantwopersonscompetingforajudicialseat,the“twocandidatesreceivingthehighestnumberofvotesfornominationforjusticeor judgeofadistrictorcircuit,ornumbereddivisionthereofifdivisionsexist,shall be nominated.” KRS 118A.060(9). The nominees then compete in the fall general election, with the candidate obtaining the highest vote in that poll being electedjudge.

2. [2.23] Qualifications

TobeeligibletoserveasajudgeoftheDistrictCourt,apersonmust(1)beacitizenoftheUnitedStates,(2)bearesidentofthedistrictinwhichheorshe is elected for at least two years, and (3) be licensed to practice law for at least twoyears.TobeeligibletoserveasajusticeoftheSupremeCourt,orajudgeoftheCourtofAppealsorCircuitCourtapersonmust(1)beacitizenoftheUnitedStates, (2) be a resident of the district in which he or she is elected for at least two years, and (3) be licensed to practice law for at least eight years. Ky. Const. § 122. Anysuspensionfromthepracticeof lawtemporarilydisqualifiesa judgefromcontinuingtositasajudge,Cornet v. Judicial Retirement & Removal Comm’n, 625 S.W.2d 564 (Ky. 1981), because one of the necessary requirements is no longer met.Whilejudgesareexpectedtoserveinthedistrictinwhichtheyareelected,nothing in the state constitution limits their powers and authority throughout the commonwealth,subjecttotherulemakingpowersoftheSupremeCourtandtheauthorityofitschiefjudgeactingasheadofthejudicialbranch,Richmond v. Com-monwealth,637S.W.2d642(1982).Therefore,thejudicialbranchcan,duringanemergency,shiftadistrictjudgeorcircuitjudgetoanotherdistrict.

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3. [2.24] Interim Appointments to Fill Vacancies

AvacancyinanycourtisfilledbyaninterimappointmentoftheGovernorfromalistofthreenamespresentedtohimbytheappropriatejudicialnominatingcommittee. If the Governor fails to make an appointment in 60 days, the Chief Justice of the Supreme Court is empowered to make a selection from the list. Ky. Const. § 118(1). There are separate nomination committees for the Supreme Court andtheCourtofAppeals,oneforeachjudicialcircuitandoneforeachjudicialdistrict. Ky. Const. § 118(2).

4. [2.25] Retirement and Removal

AnyjusticeoftheSupremeCourtorjudgeoftheCourtofAppeals,CircuitCourt, or District Court may be retired for disability or suspended without pay or removed for good cause by the Judicial Retirement and Removal Commission, afternoticeandhearing,andsubjecttotherulesofprocedureestablishedbytheSupremeCourt.Ky.Const.§121.TheCommissioniscomposedofonejudgeoftheCourtofAppeals,selectedbythatcourt,onecircuitjudgeandonedistrictjudgeselectedbyamajorityvoteofthecircuitjudgesanddistrictjudges,onememberof the bar appointed by its governing body, and two persons, not members of the bench or bar, appointed by the Governor. Moreover, the governor’s two appointees must equally represent the state’s two leading political parties (as a practical mat-ter this means one Democrat and one Republican appointee). The members of the commissionholdofficeforfour-yearterms.KRS34.310-.340.

In the exercise of its powers and duties, the Commission may “administer necessary oaths, take testimony under oath, compel the attendance of witnesses, and compel the production of records and other evidence. If any witness refuses to testify concerning any matter on which he may lawfully be interrogated, any Circuit Judge, on application of the commission may compel obedience by proceedings for contempt as in the case of disobedience of a subpoena issued from the Circuit Court.” KRS 34.330. Removal for good cause is determined by reference to Supreme Court Rules 4.000 to 4.300, which incorporate the Judicial Code of Conduct, SCR 4.300.TheJudicialRetirementandRemovalCommission’sdecisionsaresubjecttojudicialreviewbytheSupremeCourt.Ky.Const.§121.

5. [2.26] Prohibited Activities

Judges are constitutionally prohibited from (1) engaging in the practice oflaw,(2)runningforanon-judicialelectiveoffice,and(3)holdingofficeinapolitical party. Ky. Const. § 123. They are also required by statute to adhere to the Judicial Code of Conduct. See Section [2.28], infra.

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6. [2.27] Compensation

AlljusticesandjudgesarepaidsalariessetbytheGeneralAssembly.Toavoidtheinfringementofjudicialindependencebythelegislature,the“compensa-tionofajusticeorjudgeshallnotbereducedduringhisterm.”Ky.Const.§120.

B. [2.28] Judicial Code of Conduct

The Code of Judicial Conduct, incorporated into the Supreme Court Rules asSCR4.300,isintendedtoestablishstandardsforethicalconductofjudges.Ac-cordingtoitspreamble,itconsistsof“broadstatementscalledCanons,specificrules set forth in Sections under each Canon, a Terminology Section, an Applica-tion Section and Commentary.” It is the basis for the Supreme Court’s power to reprimandjudgesandthesubstantivesourceofstandardsappliedwhentheJudicialRetirementandRemovalCommissionseekstoremovejudgesandjustices.

III. [2.29] Court Administration

A. [2.30] Administrative Duties of the Chief Justice

The Chief Justice of the Supreme Court is “the executive head of the Court of Justice,” and is empowered to hire such assistants as he or she deems necessary tocarryoutthisduty.Ky.Const.§110(5)(b);KRS27A.010.Assuch,theChiefJustice is responsible, at least through his or her delegates, for:

• administrative services for the Court of Justice (KRS 27A.020(1));

• maintainingfiscalcontrolsandaccountsofallfundsappro-priated for the Court of Justice and for preparing a budget request(KRS27A.020(2));

• the assignment and compensation of judges (KRS27A.020(3));

• theorganization,operation,practiceandprocedureoftheCourtofJustice(KRS27A.020(4));

• collecting statistical data concerning the operations of the courts(KRS27A.020(5));

• recommending policies for the improvement of the Court ofJustice(KRS27A.020(6));

• creating educational programs for the members of the Court ofJustice(KRS27A.020(7));

• reporting to the General Assembly concerning the work of theCourtofJustice(KRS27A.020(8));and

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• supervising and administering all pretrial release programs (KRS 27A.020(9)).

B. [2.31] Clerk of the Supreme Court

The Clerk of the Supreme Court is appointed by the court to “serve at its pleasure.” KRS 21A.030(1). The Clerk is to perform duties assigned by the Su-preme Court, KRS 21A.030(3), and collect the fees of the court. KRS 21A.030(6). He or she is empowered to appoint assistants, whose salaries are set by the court. KRS 21A.030(4).

C. [2.32] AdministrativeOfficeoftheCourts

1. [2.33] Administration of the Court

TheAdministrativeOfficeof theCourts (“AOC”)was createdby thelegislature to “serve as the staff for the Chief Justice in executing the policies and programs of the Court of Justice.” KRS 27A.050. The AOC director and employees serve at the pleasure the court. AOC maintains court statistical reports, disperses and maintains supplies and equipment for the entire court system, administers local court facilities programs and provides support for regional administration of trial courts. It also administers the personnel policies, payroll, accounting and records procedures of the court system. It is also charged with oversight of the state pretrial andjuvenileservicesprograms.ItisrequiredtosubmitanannualstatisticalreportonthejudicialsystemtotheGeneralAssembly.KRS27A.460-470.

The AOC also administers the Court of Justice website, <http://courts.ky.gov>, which provides access to information regarding the Supreme Court and Court of Appeals, the lower courts, including docket, rules, and directory informa-tion, and the court system as a whole. The website is designed to effectively support the needs of two audiences: the legal community and the general public. Lawyers are advised to got directly to the “Legal Community” page.

Both the Supreme Court and Court of Appeals provide access to a data-baseofopinions(SupremeCourt,1999-present;CourtofAppeals,1996-present),case information, the oral arguments calendar, monthly minutes, as well as district maps, rules, and other Information. The Supreme Court Rules page also provides access to Supreme Court Orders (1999-present) which can be used to research the amending history of a rule.

There are a number of resources for lawyers practicing before the district and circuit courts: court dockets, rules and procedures, local rules of practice, and ajudicialdirectory.

In addition, a number of resources are aimed at the general public but may be of interest to attorneys, especially those providing information to clients and witnesses preparing for court appearances.

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2. [2.34] Court of Justice Budget

TheAOCalsoactsasthefinanceunitoftheCourtofJustice.TheAOCstaff prepares the biennial budget request submitted to the General Assembly and administersthejudicialbudget.TheKentuckyunifiedcourtsystemisfundedbystate appropriations. The Court of Justice budget is used to pay all expenses of the statecourtsystemincludingsalariesofelectedofficialsandnon-electedperson-nel, travel expenses, facilities andoffice supplies andequipment.All revenuescollected by the Court of Justice are deposited into the state treasury for general fund disbursement.

3. [2.35] State Law Librarian and Supreme Court Law Library

The AOC also oversees the State Law Librarian and the State Law Li-brary, which is located in Frankfort near the Supreme Court’s chambers. The State LawLibrarianisastatutoryofficeselectedbythe“administrativeassistant”oftheChief Justice designated to oversee the State Law Library, usually the Clerk of the Supreme Court. KRS 27A.200(1). The State Law Librarian serves at the pleasure of the court and is charged with appointing assistant state law librarians and other employees necessary to manage the state law library. KRS 27A.200(2).

The State Law Library is required by law to keep multiple copies of Kentucky Reports,Acts of theGeneralAssembly; and otherKentucky statutepublications (KRS 27A.210(1)) and the statutes and acts of other states (KRS 27A.210(2)), but the library’s collection goes far beyond this and includes federal court decisions, federal statutes and regulations, regional case law reporters, state digests, legal texts and treatises, andhundredsof law journals.TheStateLawLibrarian has general control over collection development (KRS 27A.210(4-6)) and circulation policy (KRS 27A.210(9)).

One important task of the State Law Library is to provide research and referenceassistancetotheSupremeCourtjustices,aswellasjudgesaroundthestate. The State Law Library is also charged with assisting county law libraries around the state, providing both technical assistance (KRS 27A.210(7)) and books and materials (KRS 27A.210(8)) when feasible.

D. [2.36] Circuit Court Clerks

Each of Kentucky’s 120 counties elects a circuit court clerk for a six-year term (Ky. Const. § 97) to serve as clerk of both the district and circuit courts re-sidinginthatcounty(Ky.Const.§114).Thecircuitcourtclerksarestateofficersandassuchcannotsimultaneouslyholdanothergovernmentofficeorposition.KRS30A.010(1);OAG76-509.Theyare subject to theadministrativecontrolof the Chief Justice of the Supreme Court. KRS 30A.010. The circuit court clerk isempoweredtohireandfiredeputyclerksinnumberstobedeterminedbythe

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AdministrativeOfficeoftheCourts.KRS30A.050.Allclerksandtheirdeputyclerks must be bonded. KRS 30A.030.

Circuit court clerks are required to keep regular hours as determined by theSupremeCourt (KRS30A.040);administeroathsand takeaffidavits (KRS30A.070);reportthefinaldispositionofallcriminalcasestotheAdministrativeOfficeoftheCourts(KRS30A.125);collectallfeesrequired“bylaworCourtruleororder”(KRS30A.090),assesscourtcosts(KRS30A.100);andaccountforall“fines,fees,forfeituresandcosts”collectedbythecourtandpaidintothestatetreasury (KRS 30A.190).

Thecircuitcourtclerkistheofficialrecordkeeperofthecourt;itisrequiredto“maintainallrecords,files,dockets,andindexesasareprescribedbystatuteorrule,” KRS 30A.080(1), and to certify copies of all court documents upon pay-ment of fees established by statute. KRS 30A.130. The circuit court clerk is also designated as ex officio law librarian of the county law library.

E. [2.37] Court Records

As noted above, the records of the Court of Justice are under the direct control of the Supreme Court, KRS 26A.200, and are thus outside the purview of the Kentucky Open Records Law. OAG 90-4. As noted above, Kentucky law charges thecircuitcourtclerkwiththetaskofmaintaining“allrecords,files,dockets,andindexes.” KRS 30A.080(1). Furthermore, the same act explicitly decrees that “[n]o clerkshallpermittherecordsorpaperstobetakenoutofhisofficeexceptincaseof invasion or insurrection, or other catastrophe.” KRS 30A.080(3). In Jefferson County, the circuit clerk has established a separate archives to handle the press of these records.2

However, the law does provide that court records can be removed perma-nently from the custody of the circuit court clerk by “rule or order of the Supreme Court.” KRS 30A.808(4). In addition, KRS 26A.210(2) provides that “when there is no further need for a record of the Court of Justice, the Supreme Court may offer the record to the Department of Libraries and Archives.” This has allowed for the orderly transfer of court records to the state archives where they can be preserved following modern archival practices. Given the sad fact that many court records aroundthestatehavebeenlosttofire,flood,andneglectoverthecommonwealth’shistory, this is a welcome development.3

Because of this provision, and the transfer of many records of the pre-1976 court system, the Kentucky Department for Library and Archives (“KDLA”) is the

2 For more information on the Jefferson Circuit Court Archives contact the Director of Archives and Records, Jefferson Circuit Court Clerk, 514 West Liberty, Louisville, KY 40202, (505) 595-3042.

3 The Kentucky Department for Libraries and Archives has a website devoted to courthouse disasters in Kentucky since the founding of the state in 1790. Few counties have been unaffected. <http://kdla.ky.gov/researchers/Pages/courthousedisasters.aspx>.

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depository for many older original court records. In addition, for those instances when the state archives does not have the original records, it often has them on microfilm.Formoreinformationonoldercourtrecords,contacttheKDLAat:

Kentucky Department for Libraries and Archives Kentucky State Archives P.O. Box 537, 300 Coffee Tree Road Frankfort, KY 40601-0537 (502) 875-7000

Researchers can also consult Roseanne Reinemuth Hogan’s excellent guide for historians and genealogists, Kentucky Ancestry (Salt Lake City, Ut.: Ancestry Press, 1992), which has detailed tables on the availability of old court documents.

IV. [2.38] Court Rules and Jury Instructions

A. [2.39] Kentucky Rules of Court

The Kentucky Constitution § 116 empowers the Kentucky Supreme Court to promulgate rules of practice and procedure for the Court of Justice.4 Pursuant to this authority, the Court has promulgated the Kentucky Rules of Civil Procedure (“CR”), Kentucky Rules of Criminal Procedure (“RCr”), and the Kentucky Rules of Evidence (“KRE”). In addition, the court has adopted Supreme Court Rules (“SCR”)governingtheactivitiesofthebarandjudiciary.5 All of these Kentucky rules are included in special volumes of the Michie’s and Baldwin’s editions of the KRS. Both Sets annotate each rule with references to relevant case law and to scholarly commentary.

Perhaps the handiest collection for practitioners is the West Group’s Kentucky Rules of Court. This annually published set comes in two soft-bound volumes, one for state rules and the other for federal rules. In addition to the four officialsetsofrules,thestatevolumealsocontainsrulesofpracticefordistrictandcircuit courts in the metropolitan counties of Jefferson, Fayette, Boone, Campbell, Gallatin, and Kenton, as well as a variety of special court and Kentucky Bar Associa-tion rules and procedures. The federal volume contains the Federal Rules of Civil Procedure, Federal Rules of Evidence, and Federal Rules of Appellate Procedure, as well as the Rules of the U.S. Court of Appeals for the Sixth Circuit, Joint Local Rules for the U.S. District Courts of the Eastern and Western Districts of Kentucky,

4 “The Supreme Court shall have the power to prescribe rules governing its appellate jurisdiction, rules for theappointmentofcommissionersandothercourtpersonnel,andrules of practice and procedure for the Court of Justice.” Ky. Const. § 116

5 The Supreme Courts has adopted the ABA Model Rules of Professional Conduct as the Kentucky Rules of Professional Conduct (incorporated in the Kentucky Supreme Court Rules as SCR 3.130) and the Kentucky Code of Judicial Conduct (incorporated in SCR 4.300). See Chapter 8, “Legal Ethics Research.”

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Rules for the U.S. District Bankruptcy Court for the Eastern and Western Districts of Kentucky, Rules of Procedure of the Judicial Panel on Multidistrict Litigation, and miscellaneous federal court fee schedules.

B. [2.40] Jury Instructions

TheKentuckycourtshaveauthorizednopattern jury instructions,butJohn S. Palmore, William S. Cooper, and Ronald W. Eades’s Kentucky Instruc-tions to Juries,6helps tofill that role in the state.Thework,now in its fourthedition, began with Kentucky Supreme Court Chief Justice John S. Palmore as its firstauthorandnowincludesAssociateJusticeoftheKentuckySupremeCourtWilliam S. Cooper as co-author. There are two volumes: Volume One, revised by Cooper,withinstructionsforcriminalcasesandVolumeTwo,preparedjointlybyPalmore and Professor Ronald W. Eades, which covers civil instructions generally, including negligence, intentional torts, and other civil actions. Each instruction is annotated with references to relevant cases and commentary by the authors. The work is updated by pocket parts.

Currently, the Sixth Circuit of the U.S. Court of Appeals has only adopted patternjuryinstructionsforcriminaltrials,Pattern Jury Instructions Criminal Sixth Circuit (West Group, 1991 and also available online at the Sixth Circuit website at:<http://www.ca6.uscourts.gov/internet/crim_jury_insts.htm>).

V. [2.41] Mandatory Authority and Precedent – Effect of Published and Unpublished Opinions of the Supreme Court and Court of Appeals

A. [2.42] Supreme Court

SincethereorganizationoftheKentuckycourtsystemin1976,theSu-preme Court of Kentucky has been the state’s highest court. Prior to this date, the high court was entitled the “Court of Appeals,” which should not to be confused with the current intermediate appellate court with the same name. The Rules of the Supreme Court state that “the Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court.” SCR 1.030(8)(a). Rule SCR 1.040(5) states that “On all ques-tions of law the circuit and district courts are bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court and, when there are no such precedents, those established in the opinions of the Court of Appeals.”

6 Cincinnati, Oh.: Anderson Pub. Co., 1999.

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The Kentucky Rules of Civil Procedure mandate that all appellate court decisions “may be announced orally but shall be reduced to writing and, except for unanimous actions of the Supreme Court, shall list the names of the members concurring or dissenting and indicate the name of any member who did not partici-pateinthedecision.”CR76.28(1)(a).Furthermore“[o]pinionsandordersfinallydeciding a case on the merits shall include an explanation of the legal reasoning underlying the decision.” CR 76.28(1)(b).

B. [2.43] Court of Appeals

Kentucky’s intermediate appellate court is the Court of Appeals. The court is divided into seven districts for the purpose of elections, but these districts have do not play any formal role in the establishment of legal precedent. KRS 21A.020. ThejudgesoftheCourtofAppealsarearrangedbytheChiefJudgeoftheCourtofAppeals“intopanelsofnotlessthanthreejudges.”Ky.Const.§111(4).TheChiefJustice is elected by his or her peers for a term of four years. Ky. Const. § 111(3). BySupremeCourtRule,theassignmentofjudgesonthesepanels“shallberotatedinsuchmannerthatovereachyeareachjudgesitswitheachoftheothermembersof the court...with substantially the same frequency.” SCR 1.030(7)(c). This rule preventsthepanelfromtakingonafixedorgeographicnature.

With an appellate court undivided for the purposes of precedent, Kentucky doesnothave“conflictsofthecircuit”likecourtsystemswithdividedappealscourt systems (the federal circuit courts being the prime example), because stare decisis binds a particular panel of the Court of Appeals to previous decisions of the CourtofAppeals.However,mechanismsareinplacetoavoidinadvertentconflictsbetween published Court of Appeal decisions. For example, the rules anticipate the confusion that may occur if two Court of Appeals decisions are released at about the sametime,withconflictinginterpretationsofthelaw:“ThedecisionofamajorityofthejudgesofapanelshallconstitutethedecisionoftheCourtofAppeals.Ifprior to the time the decision of a panel is announced it appears that the proposed decisionisinconflictwiththedecisionofanotherpanelonthesamequestion,thechiefjudgemayreassignthecasetotheentirecourt.Ifapanelisunabletoreachadecisiononacaseunderconsiderationbyit,thechiefjudgemayreassignthecase to a larger or different panel or to the entire court.” SCR 1.030(d). (The rule doesn’t say whether the “decision of another panel on the same question” needs to be published or unpublished. See Section [2.47], infra.)

C. [2.44] Effect of Unpublished Opinions

1. [2.45] Publication Rule

All the above rules of decisional authority should be glossed with CR 76.28(4)(c): “Opinions that are not to be published shall not be cited or used as bindingprecedentinanyothercaseinanycourtofthisstate;however,unpublishedKentucky appellate decisions, rendered after January 1, 2003, may be cited for

2-25


consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shallbesetoutasanunpublisheddecisioninthefileddocumentandacopyoftheentire decision shall be tendered along with the document to the court and all parties to the action.” The rules dictate that “every opinion shall show on its face whether it is “To Be Published” or “Not To Be Published.” CR 76.28(4)(a).

The rule further advises that “upon entry of an order denying the motion for discretionary review or granting withdrawal of the motion,” an opinion of the Court of Appeals “shall be published if the opinion was designated “To Be Published” by the Court of Appeals. Upon entry of an order of the Supreme Court granting a motion for discretionary review the opinion of the Court of Appeals shall not be published, unless otherwise ordered by the Supreme Court. All other opinions of the appellate courts will be published as directed by the court issuing the opinion.” CR 76.28(4)(a). This version of this rule is the result of a 2006 rules change that significantlyliberalizedthecitationofunpublisheddecisionsinKentucky.

2. [2.46] Rationale for Publication Rule

Prior to the revision of CR 76.28(4)(c) in 2006, opinions marked “not to be published shall not be cited or used as authority in any other case in any court of thisstate,”evenaspersuasiveauthority.Theno-citationrulehadbeencriticized,7 but as then Justice Martin Johnstone wrote in 2005, the old publication rule was put in place so that appellate courts were not overstretched writing fully argued opinions in cases that did not establish new law, thus forcing lawyers to run up more billable hoursresearchingandanalyzingthesenewopinions.Theportionoftherulebarringcitation of unpublished decisions for persuasive authority was drafted “to avoid any suggestion that attorneys with better connections to the courts could have access to collections of unpublished opinions, and, consequently, have an unfair advantage over their peers.”8 (This is a reference to the common practice of attorneys and lawfirmsofmaintainingarchivesofunpublisheddecisionsinwhichtheywereaparty). Johnstone admitted that this latter point had been substantially mitigated due to the Court of Justice’s free internet publication of these decisions, and he later pushed for the 2006 change in the rule to allow the citation of unpublished cases as persuasive authority.9 Such a change was overdue. A 2005 computer search of Westlaw using the phrase “unpublished opinions” revealed several cases in which Kentucky appellate courts themselves cited unpublished decisions.10

7 Ed Render, “On Unpublished Opinions,” 73 Ky. L.J. 145 (1984-85).8 Martin E. Johnstone, “Unpublished Opinions,” 2005 Louisville Bar Ass’n Bar Briefs 8

(August 2005).9 Id.10 See especially Kendrick v. Toyota, 145 S.W.3d 422, 425 (Ky. Ct. App. 2004): “The Kentucky

Court of Appeals, in Baker v. City of Louisville, 2003-CA-000079 (2003), addressed the veryargumentKendricknowmakesonappeal.Whilewerecognizethatanunpublishedopinion from our appellate court does not constitute either primary or secondary authority in the courts of the Commonwealth, nonetheless we deem it prudent to adopt the court of appeals’ reasoning until such time there is published authority addressing the issue.”

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In 2006, the Supreme Court approved a new version of CR 76.28(4) allow-ing the citation of unpublished opinions “for consideration” by the court “if there is no published opinion that would adequately address the issue before the court.” By using such language the Court made it clear that the cases were only by used for persuasiveauthorityincasesoffirstimpression.Moreover,theCourtmaintainedthe no-citation rule for cases decided before 2003. (Diana Skaggs, an attorney on the Court’s civil rules committee, said she preferred making the rule prospective. This was also the opinion of the criminal defense bar which was uncomfortable withbeingforced to researchadeepback-fileofunpublishedcriminalappealscases that were unlikely to help their clients but which they would be obligated to do or face ineffectual counsel complaints. The three-year look-back to 2003 was a likely compromise).11

3. [2.47] Criteria for Publication

Johnstone’s2005articlenotedthattheCourtofAppealshadcreatedfivegeneral criteria to guide the court’s publication decisions which were informally used by the Supreme Court as of 2005. While this action was taking place before the 2006 rules change, it nonetheless offers some rare insight into the types of criteria used to decide whether or not to mark a case “to be published”. To “identify[...] cases that will be of later value to the legal system,” the court assessed whether:

1. “The opinion establishes a new rule of law or alters or modi-fiesanexistingruleorappliesanestablishedruletoanovelfact situation.”

2. “The opinion involves an issue of continuing public interest.”3. “The opinion involves an issue of continuing interest to the

statejudiciaryandthepracticingbar.”4. “Theopinioncriticizesexistinglaw.”5. “Theopinionresolvesanapparentconflictofauthority.”12

VI. [2.48] History of the Court System


To better explain the procedural aspects of older Kentucky cases, some knowledge of the history of the Kentucky court system is useful. The following summary is only an outline of the chronology of the various courts held in Ken-tucky over the last two centuries, along with the composition, meeting schedule, andjurisdictionofthesecourtsatparticulartimesinthecommonwealth’shistory.

11 Diana L. Skaggs, “Unpublished Decisions May Be Cited in Kentucky,” Divorce L.J. (blog), Dec. 27, 2006 <http://louisvilledivorce.typepad.com/info/2006/12/unpublished_opi.html>.

12 Johnstone, supra note 8.

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For more detail, the reader should consult The Historical Development of Kentucky Courts (Research Pub. No. 63. Frankfort, Ky.: Legislative Research Commission, 1958), the primary source of this survey.

B. [2.50] Courts Under the First Constitution, 1792-1799

1. [2.51] Justices’ Court

Kentucky’s first constitution borrowed a traditionalAnglo-Americanjudicialinstitutionforitslowesttrialcourt,thejusticeofthepeace,andhiscourt,the Justice’s Court. Over 125 Justices of the Peace were created and their infor-malcourtshadjurisdictiontohearcivilcaseswithamountsincontroversyuptofivepoundscurrencyorits18thcenturyin-kindequivalent,1,000lbsoftobacco.Decisionsup to50shillingswereappealable to theCourtofQuarter-Sessions;after1795,judgmentsupto25shillingscouldbeappealedtoeithertheCourtofQuarter-Sessions or the County Court.

2. [2.52] Court of Quarter-Sessions

The Court of Quarter-Sessions, which met in each county three times a yearinsix-daysessions,hadjurisdictionovercivilcasesoverfivepoundscurrencyor 1,000 lbs of tobacco and non-capital criminal cases. The court was composed ofthreejustices,withaquorumoftwoneededtoholdcourt.

3. [2.53] County Court

TheCountyCourt,alsocomposedofthreejustices,metmonthlyexceptforthethreemonthsthattheCourtofQuarter-Sessionsmet.Inadditiontoitssignificantadministrative and legislative duties (it served as the sole county governmental body), ithadjurisdictionovercivilmattersnotvestedin theCourtofQuarter-Sessions, especially cases concerning wills, probate issues, and guardianship.

4. [2.54] Court of Oyer and Terminer

Thelegislaturerecognizedaneedforatrialcourtofstate-widejurisdictionandcreatedtheCourtofOyerandTerminer,acourtcomposedofthreejustices,withcriminaljurisdictionofallcriminalcaseswithapenaltyover40shillingsor4,000 pounds of tobacco. A quorum of two was needed to hold court. There was no appeal from its decisions.

5. [2.55] District Court

DistrictCourtwas created in 1795 tofill a gap for a civil courtwithstate-widejurisdiction.ThelegislaturecreatedsixgeographicallydefinedDistrictCourts. They met once a year, with the exception of the Frankfort District, which metfourtimesayear.TheDistrictCourthadjurisdictionoverallmattersatcom-

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mon law and chancery with an amount in controversy exceeding 50 pounds, with thesomewhatpuzzlingexceptionofassault,battery,andslandersuits.TheDistrictCourtsalsohadcriminaljurisdiction,butthiswasrarelyexercisedoutsideoftheFrankfort District due to the practical problems of detaining a prisoner pending the annual session of the court.

6. [2.56] General Court

General Court was the twice-annual meeting of the six District Court judges,whohadjurisdictionoverclaimsagainstthepublictreasury.

7. [2.57] Court of Appeals

TheCourtofAppealshadappellatejurisdictionoveralljudgmentsanddecrees of Courts of Quarter-Sessions in civil cases with more than 20 pounds at stake,aswellasalljudgmentsofthepre-statehoodSupremeCourtoftheDistrictof Kentucky and the Virginia Court of Appeals. The court also had original trial jurisdictionoverallcasesconcerningtitlestoland(somethingthatdominatedlegalactivity in this era).

C. [2.58] Courts Under the Second Constitution, 1799-1850

1. [2.59] Justices’ Court, County Court, and District Court

The composition and jurisdiction of the Justices’Courts andCountyCourts were unchanged under the second constitution of Kentucky. The District Court was abolished in 1801 after most of its functions were turned over to the new Circuit Courts.

2. [2.60] Court of Quarter-Sessions

In the counties in which a new Circuit Court sat, the Court of Quarter-Sessionswasabolished.Inallothers,itretainedthefunctionsithadunderthefirstconstitution.

3. [2.61] Circuit Court

TheCircuitCourtwasthefocusofthelegislature’sreorganizationofthecourtsystemaftertheratificationofthesecondconstitution.NinegeographicallydefinedCircuitCourtdistrictswerecreated.Thecourtssatwithathree-judgepanel,oneat-largejudgewithtwoassociatejudgesfromthedistrict.Theseperipateticcourtshadgeneraltrialjurisdictionoverallcommonlawandequityactionswithfivepoundscurrency/1,000poundstobaccoormoreatstake,aswellasgeneralcriminaljurisdiction.TheCircuitCourtalsohadjurisdictiontodenovoappealsfromtheJustices’Courtsofcaseswithjudgmentsofatleastfivepounds.

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General Court was abolished and then reconstituted as a twice-annual meetingofthenineat-largeCircuitCourtjudges,withidenticaljurisdictionastheold General Court.


The Court of Appeals was reconstituted exclusively as an appellate court. It soon became caught up in the political fervor of the day and was abolished by the legislature in 1824 after it ruled that a very popular debt-relief act was an unconstitutionalinfringementontherighttocontract.Anewfour-judgeCourtofAppealswascreated,withjusticesmorefavorabletothelegislature,buttheoldCourt refused to give up its claim to be the rightful appellate court. (Its papers had to be forcibly removed from its clerk’s possession). For two years Kentucky had two groupsofjudgesclaimingtobetheCourtofAppeals.TheNewCourt-OldCourtcontroversy was resolved in 1926 when the Old Court party swept both houses of thelegislatureandabillwaspasseddeclaringthereorganizingactnullandvoid.Volume 18 of Kentucky Reports (2 T. Monroe), which contained the decisions of the New Court, was later ruled to be not part of the common law of Kentucky. Smith v. Overstreet’s Admr., 258 Ky. 781, 783, 81 S.W.2d 571 (Ky. 1935).

D. [2.64] Courts Under the Third Constitution, 1850-1892


Underthethirdconstitution,eachcountywasdividedintojustices’dis-tricts, with two Justices of the Peace per district. The Justices’ Courts had criminal jurisdictionovermisdemeanorspunishablebyfinesupto$16andciviljurisdictionupto$16incontroversy,exceptforcontractcasesinwhichthelimitwas$50.TheywerealsogivenequityjurisdictionwiththeCircuitandQuarterlyCourtstoenforcejudgmentsup$50.


TheCountyCourtwasa three-judgepanelwithonepresidingCountyJudge. While its duties were still mainly administrative and legislative, the court hadappellate jurisdictionofcasesdecidedbytheJustices’Courtswithavaluebetween$4and$16.

3. [2.67] Court of Claims

This court only had administrative duties and was charged with assisting the County Court in laying the county levy.

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4. [2.68] Quarterly Court

This court replaced the old Courts of Quarter-Sessions, keeping its old thrice-annualmeetingschedule.IthadjurisdictionconcurrentwiththeJustices’CourtsandCircuitCourtincaseswithlessthan$100atstake,exceptinglandtitlecases.


This stripped-down version of the old General Court consisted of the Frankfort Circuit Court sitting as General Court to hear all suits and motions against the public monies of the Commonwealth of Kentucky.


Under the third constitution, the Circuit Court was the primary trial court ofgeneraljurisdiction.Thestatewasdividedinto12circuitdistricts,eachdistricta group of counties. Each county in the district established a Circuit Court and the Circuit Judge made regular rounds of these courts (usually followed in his prog-ressbythecircuit’striallawyers).CircuitCourtshadoriginaltrialjurisdictioninallmatters,lawandequity,andappellatejurisdictionoverJustices’,CountyandQuarterly Courts.


Thereconstitutedfour-judgeCourtofAppealscontinuedtobethecom-monwealth’shighcourtwithappellatejurisdictionoverallciviljudgmentsover$100.Whenthelegislaturegrantedfelonstherighttoappealforthefirsttimein1854 with its adoption of the new Criminal Code, the Court of Appeals was des-ignated to hear these appeals.

8. [2.72] Superior Court

In1882thelegislaturecreatedathree-judgeSuperiorCourtasaninter-mediate court of appeals to reduce a huge backlog in the docket of the Court of Appeals.Thepanelhadjurisdictionoverallappealsexceptthoseconcerningthevalidityofstatutes,felonyconvictions,certaintitlecases,andciviljudgmentsover$3,000.Therewasaverylimiteddouble-appealofSuperiorCourtdecisionstotheCourtofAppealsinvolvingcasesinwhichjudgmentsexceeded$1,000invalueorwhenthetrialcourtdecisionwasaffirmedwithoutdissent.Evenifoneofthesetwocircumstanceswasmet,twoSuperiorCourtjusticeswererequiredtocertifythatthe case involved a novel issue of law before it was sent up to the Court of Appeals.

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E. [2.73] Courts Under the Fourth Constitution up to the 1976 Judicial Amendment, 1892-1975


The fourth constitution divided each county into three to eight magiste-rialdistricts,eachofwhichelectingaJusticeofthePeace.ThejurisdictionoftheJustices’Courtsreflectedtheconfusingsituationcharacteristicofthecourtsystemcreatedbythe1890constitution.Thecourtshadcountywideconcurrentjurisdic-tionwithCircuitandQuarterlyCourtofcivilactionsupto$200andexclusiveofCircuitandconcurrentwithQuarterlyCourtofcivilactionsupto$50.Thecourthadcriminal jurisdictionconcurrentwithCountyandQuarterlyCourtofcasespunishablewithfinesupto$20andcasesconcurrentwiththeCircuitCourtsju-risdictionupto$50.


The County Court, presided over by the County Judge, was relieved of many of its administrative tasks and was reconstituted as a court with exclusive jurisdictionofprobatematters,estateadministration,andjuvenilecases.ItalsohadconcurrentjurisdictionwithJustices’CourtandQuarterlyCourtovercriminalmisdemeanorsupto$20,andwithCircuitCourtupto$500or12monthsimpris-onment. It still met monthly and those “Court Days” remained for many years the center of the county’s social calendar.

3. [2.76] Quarterly Court

Thiscourt,alsoheadedbytheCountyJudge,hadconcurrentjurisdictionwithJustices’andPolicecourtsofcivilcasesvaluedupto$200;withCircuitCourtofcivilcasesvaluedbetween$150to$300;withCountyandJustices’Courtofcriminalcaseswithfinesupto$20;withCircuit,CountyandJustices’Courtofcriminalcaseswithfinesupto$500and/or12monthsinjail.

4. [2.77] Fiscal Court

This panel, consisting of the County Judge (the county’s executive of-ficial)andthreecommissioners,tookoverthelegislativeandadministrativedutiesformerlyexercisedbytheCountyCourt.Ithadnojudicialduties.

5. [2.78] Police Court

PoliceCourtswereestablishedincities,withjurisdictionbasedonthesize/classofthecity.PoliceCourtsgenerallyhadexclusivejurisdictionoverallordinanceviolationsandconcurrentcriminaljurisdictionofcrimespunishableupto$500invalueand/or12monthsimprisonment.PoliceCourtsincitiesofthefourth,fifth,andsixthclasseshadciviljurisdictionequivalenttothatofJustices’Courts.

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TheCircuitCourtwastheonlytrialcourtofgeneraljurisdiction.Ithadexclusivejurisdictionoverlandtitlecases.ItalsocouldheardenovoappealsofanyjudgmentoftheQuarterlyCourtover$25invalueandanyjudgmentoftheCountyCourtover$50invalue.Itsdenovoappellatejurisdictionappliedalsoto appeals of orders of the County Court related to the administration of estates.


The fourth constitution abandoned the legislature’s experiment with intermediate courts, abolishing the Superior Court. The Court of Appeals was reconstituted as a panel offive to seven justices,with the exact number to bedetermined by the Kentucky General Assembly. It met in Frankfort and had appel-latejurisdictionofalljudicialdecisionsandorders,withtheexceptionofdivorcedecrees, decisions of the minor courts (Justices’, Police, Quarterly), decisions of the County Court that did not involve the division of land or dower interests, and judgmentsunderanamountsetbythelegislature(startingat$100,itwasraisedto$500by1914),withminorexceptions.

F. [2.81] Judicial Reform of 1975

Responding to the confused patchwork of trial courts with concurrent jurisdiction, uneven justice around the state, aswell as a backlogof appellatecases, the Kentucky General Assembly in 1974 placed on the ballot a constitutional amendment that sought to radically reform the court system. The new proposed court system (described in full above) abolished the Justices’ Courts, Police Courts, andQuarterlyCourts;strippedtheCountyCourts(andCountyJudge)ofjudicialduties;andestablishedanewrationalcourtsystemwithwell-definedtrialcourts,anintermediateappealscourtandahighcourt–allwithclearareasofjurisdictionandlinesofappeal.Theamendmentwasratifiedbytheelectoratein1975andtookeffect on January 1, 1976.13

VII. [2.82] Federal Courts in Kentucky

In the federal system, all cases originate in federal district court, the federal trial court. Until 1901, the state had a single district, the Kentucky District. The state of Kentucky is now divided into the Western District of Kentucky, which sits in Louisville, Paducah, Bowling Green, and Owensboro, and the Eastern District of Kentucky, which holds court in Lexington, Covington, Frankfort, London, Ashland,

13 Formoreonthejudicialreformsee Robert M. Ireland, The Kentucky State Constitution: A Reference Guide.(Westport,Conn.:GreenwoodPress,1999);“Kentucky’sNewCourtSystem: An Overview,” Kentucky Bench & Bar41(1977):13;andBoyceF.Martin,Jr.,“Kentucky’s New Court of Appeals,” Kentucky Bench & Bar 41(1977): 8.

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andPikeville.Currentlybothdistrictshavefourpermanentjudgeseach,withanadditionaljudgesharedbetweenthedistricts,andfourU.S.MagistrateJudges.Re-cent court records are kept in the custody of the court’s clerk, but older records and archives of the Kentucky’s District Courts are found at the National Archives and Records Administration Southeast Region (Atlanta), 1557 St. Joseph Avenue, East Point, Georgia 30344-2593, (404) 763-7477, fax (404) 763-7033, [email protected]. For more information about Kentucky’s district courts, see the Western District of Kentucky’s excellent website at: <http://www.kywd.uscourts.gov/>.

Appeals from Kentucky’s federal district courts must be made to the Sixth Circuit Court of Appeals, which sits in Cincinnati. The Sixth Circuit also includes Tennessee,Ohio,andMichigan.TheCourtofAppealshas15judgeswhohearap-pealsasthree-judgepanels.FormoreinformationabouttheSixthCircuitCourtofAppeals, contact them at the Potter Stewart U.S. Courthouse, 100 E. Fifth Street, Cincinnati, Ohio 45202-3988, (513) 564-7000 or consult their website at: <http://www.ca6.uscourts.gov>. For more on the history of federal courts in Kentucky, see Bicentennial Committee of the Judicial Conference of the United States, His-tory of the Sixth Circuit, 1977 and Leslie A. Abramson, A Century in Celebration: The United States District Court for the Western District of Kentucky, 1901-2001 (Louisville, Ky.: Butler Book Publishing, 2001).

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2-35


VIII. [2.83] Appendix

A. [2.84] Supreme Court Justices of Kentucky 1976-2015

Year

1st D

istr

ict

2nd

Dis

tric

t3r

d D

istr

ict

4th

Dis

tric

t5t

h D

istr

ict

6th

Dis

tric

t7t

h D

istr

ict

1976

Boy

ce

C. C

layt

onJo

hn

S. P

alm

ore

Plea

s Jon

esM

arvi

n

O. S

tern

berg

Scot

t Ree

dR

ober

t O

. Luk

owsk

yJa

mes

B

. Ste

phen

son

1977

1978

1979

J. C

alvi

n A

ker

1980

1981

John

J.

Har

a

1982

Rob

ert

F. S

teph

ens

1983

Roy

N

. Van

ceW

illia

m

S. G

ant

Cha

rles

M. L

eibs

onD

onal

d C

. W

inte

rshe

imer

1984

1985

1986

John

D

. Whi

te

1987

Jose

ph

E. L

ambe

rt

2-36


Year

1st D

istr

ict

2nd

Dis

tric

t3r

d D

istr

ict

4th

Dis

tric

t5t

h D

istr

ict

6th

Dis

tric

t7t

h D

istr

ict

1988

Dan

Jack

C

ombs

1989

1990

1991

Thom

as

B. S

pain

Cha

rles

H. R

eyno

lds

1992

1993

SaraW.Com

bs;

Jane

t St

umbo

1994

1995

WilliamFuqua;

Will

iam

Gra

ves

Nic

hola

s Kin

g

1996

Will

iam

G

rave

s

WalterB

aker;

Will

iam

S.

Coo

per

Mar

tin

E. Jo

hnst

one

1997

Will

iam

S.

Coo

per

1998

2-37


Year

1st D

istr

ict

2nd

Dis

tric

t3r

d D

istr

ict

4th

Dis

tric

t5t

h D

istr

ict

6th

Dis

tric

t7t

h D

istr

ict

1999

Jam

es E

. K

elle

r

2000

2001

2002

2003

2004

Will

T.

Sco

tt

2005

John

C

. Roa

ch

2006

Bill

C

unni

ngha

mJo

hn

D. M

into

n, Jr

.W

illia

m E

. M

cAnu

lty, J

r.M

ary

C

. Nob

leW

il Sc

hrod

er

2007

Lisa

beth

H

ughe

s A

bram

son

2008

Dan

iel

J. Ve

nter

s

2-38


Year

1st D

istr

ict

2nd

Dis

tric

t3r

d D

istr

ict

4th

Dis

tric

t5t

h D

istr

ict

6th

Dis

tric

t7t

h D

istr

ict

2009

2010

2011

2012

2013

Mic

helle

M.

Kel

ler

2014

2015

Bill

C

unni

ngha

mJo

hn D

. M

into

n, Jr

.D

anie

l J.

Vent

ers

Lisa

beth

H

ughe

s A

bram

son

Mar

y C

. N

oble

Mic

helle

M.

Kel

ler

Dav

id A

llen

Bar

ber

Chi

ef J

ustic

es o

f the

Sup

rem

e C

ourt

: Sc

ott R

eed,

197

6-19

77

John

S. P

alm

ore,

197

7-19

82

Robe

rt F

. Ste

phen

s, 1

982-

1999

Jo

seph

E. L

ambe

rt, 1

999-

2008

Jo

hn D

. Min

ton,

Jr.,

200

8-pr

esen

t

2-39


B. [2.85] Map of the Supreme Court Districts

1. [2.86] First District

2-40


2. [2.87] Second District

2-41


3. [2.88] Third District

2-42


4. [2.89] Fourth District

2-43


5. [2.90] Fifth District

2-44


6. [2.91] Sixth District

2-45


7. [2.92] Seventh District

2-46


3-1

Kentucky Statutory Authority


3

KENTUCKY STATUTORY AUTHORITY



3-2


3-3


I. [3.1] Kentucky Revised Statutes .................................................3-5A. [3.2] Introduction .............................................................3-5B. [3.3] CodificationProcess ...............................................3-6C. [3.4] Construction of Kentucky Statutes .........................3-6D. [3.5] OfficialAnnotatedCodes ........................................3-7

1. [3.6] Features Common to Both Annotated Codes ......................................3-8

a. [3.7] History Notes .............................3-8b. [3.8] Cross-References

to Other Sections ........................3-8c. [3.9] References to

Secondary Sources .....................3-8d. [3.10] Decisions ....................................3-8e. [3.11] Updates ......................................3-9

2. [3.12] Baldwin’s Kentucky Revised Statutes Annotated (West Group) ............................................3-9

a. [3.13] Format ........................................3-9b. [3.14] Updates ......................................3-9c. [3.15] Annotations ..............................3-10d. [3.16] Indexes .....................................3-10e. [3.17] User’s Guide ............................3-10f. [3.18] Electronic Versions ..................3-10

3. [3.19] Michie’s Kentucky Revised Statutes Annotated (LexisNexis) ............3-10

a. [3.20] Format ......................................3-10b. [3.21] Updates ....................................3-11c. [3.22] Title and Chapter

Analyses ...................................3-11d. [3.23] Annotations ..............................3-11e. [3.24] Indexes .....................................3-11f. [3.25] User’s Guide ............................3-11g. [3.26] Electronic and

MicrofilmVersions ...................3-12E. [3.27] Shepard’s Kentucky Citations, Statute Edition .....3-12

II. [3.28] Working with Superseded Codes .....................................3-12A. [3.29] The Uses of Superseded Codes in

thePracticeofLaw ...............................................3-12B. [3.30] KRS on Legal Effect of Old Codes ......................3-13C. [3.31] A Brief History of Kentucky Statutes ...................3-14D. [3.32] Tools for Researching Old Statutes ......................3-16E. [3.33] A Method for Tracing a Current

Statute Back to Its Origins ....................................3-16

3-4


III. [3.34] Appendix ............................................................................3-21A. [3.35] KRS446.010DefinitionsforStatutes

Generally ...............................................................3-21B. [3.36] Chronological Bibliography of

Statutory Compilations and Revisions ..................3-25C. [3.37] Survey of Statutory Materials in

KentuckyPublicLawLibraries ............................3-29D. [3.38] Checklist of Superseded Michie’s

Bound Volumes, 1971-2015 .................................3-31

3-5


I. [3.1] Kentucky Revised Statutes


All“permanentlawsofageneralnature”inforceinKentuckyarecodifiedin the Kentucky Revised Statutes. KRS 7.131(2). Unlike the United States Code, which is only prima facie evidence of the positive law contained in the Statutes at Large,1 the 1942 revision of the statutes was designed to make the KRS the primary source of Kentucky statutory law. KRS 446.130,2 KRS 446.150.3

TheofficialversionismaintainedbytheLegislativeResearchCommis-sion (“LRC”) in an electronic database, KRS 7.131(1), but the LRC can designate apublishedversionasa“certifiedversion”ifitmeetscertainrequirementsandthepublisher enters into a written agreement with the Commission. KRS 7.132. To be certified,aversionmustcontain:

(a) The Constitution of the United States;(b) The Constitution of Kentucky;(c) Thetextofalllawscontainedintheofficialversionofthe

Kentucky Revised Statutes;(d) A “full and accurate index” of the statute laws and Constitu-

tion of this Commonwealth;(e) The Rules of the Supreme Court of Kentucky, the Kentucky

RulesofCivilProcedure,andtheKentuckyRulesofCrimi-nalProcedure;

1 1 USC § 204 (1994). (“The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session thelegislationofwhichisincluded:Provided,however,thatwhenevertitlesofsuchCodeshall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States”). See Michael J. Lynch, The U.S. Code, the Statutes at Large, and Some Peculiarities of Codification, 16 Legal Reference Services 69 (1997).

2 “The Kentucky Revised Statutes of 1942 are intended to speak for themselves, and all sections of the Kentucky Revised Statutes of 1942 shall be considered to speak as of the samedate,exceptthatincasesofconflictbetweentwo(2)ormoresectionsorofalatentor patent ambiguity in a section, reference may be had to the Acts of the General Assembly from which the sections are indicated to have been derived, for the purpose of applying the rules of construction relating to repeal by implication or for the purpose of resolving the ambiguity. Like reference may be had to any special acts or charters granted by the General Assembly prior to the adoption of the present Constitution, for the like purpose.” KRS 446.130.

3 “The provisions of the Kentucky Revised Statutes of 1942 shall be considered as substituted in a continuing way for the provisions of the prior statute laws repealed by the act enacting the Kentucky Revised Statutes.” KRS 446.150.

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(f) Any other information that the LRC “deems appropriate to include.”

KRS 7.134(1).

Certifiedversionsarealsorequiredto“beupdatedinamannerandfre-quencyacceptabletotheCommission,”andto“providepromptnotice”ofrecentlycreated, amended or repealed statutes, as well as any corrections or renumberings desiredbytheLRC.KRS7.134(2).AcertifiededitionoftheKRSmustbearacer-tificateissuedbytheDirectoroftheLRC.KRS7.134(3).WestGroup’sBaldwin’s Kentucky Revised StatutesandLexisLawPublishing’sMichie’s Kentucky Revised Statutesarebothcertified,asaretheirelectroniccounterpartsonWestlawandLexis.

The KRS is divided by subject into 44 Titles, which are further divided into Chapters,whicharedividedfinallyintodiscreteSections.SectionsoftheKRSarenumbered decimally, with the number before the period representing the chapter, and the three-digit number after the decimal point representing the section of that chapter. Each section of the KRS has a short descriptive “headnote,” written by the LRC staff, and a note detailing the legislative history of that section. KRS 7.136.

B. [3.3] CodificationProcess

KRS 7.140 charges the Legislative Research Commission with the “re-vision, clarification, classification, codification, andarrangementof theofficialversion of the Kentucky Revised Statutes.” After each session of the General Assembly, the LRC takes the acts passed and signed into law and takes the steps necessary to revise the KRS. When appropriate, the language of existing statutes is changed; when the laws are new, the LRC staff assigns them to an appropriate title and chapter, numbers them, writes title, chapter, and section headings, and adds legislative history notes. (Note, however, the LRC-written headings and notes do not have the force of law. KRS 446.140).

C. [3.4] Construction of Kentucky Statutes

The Kentucky legislature sets out its guidelines for the construction of its statutes in Chapter 446 of the KRS, noting that all “statutes of this state shall be liberally construed with a view to promote their objects and carry out the intent of thelegislature,”andspecificallyinstructingthatthetraditionalrulethat“statutesin derogation of the common law are to be strictly construed shall not apply to the statutes of this state.” KRS 446.080(1). The legislature also declares an aspiration that the language of its statutes “be construed according to the common and ap-proved usage of language,” while accepting that “technical words and phrases, and suchothersasmayhaveacquiredapeculiarandappropriatemeaninginthelaw”should be construed as such. KRS 446.080(4). To assist in construction of ordinary statutorylanguage,Section446.010definesanumberoftermscommonlyusedinlegislation. See Section [3.35], infra.

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Kentucky statutes are not to be construed to have a retroactive effect, “unless expressly so declared.” KRS 446.080(3). This law follows the Kentucky Constitution, § 19(1) of which declares that “No ex post facto law, nor any law impairingtheobligationofcontracts,shallbeenacted.”Theflip-sideofthebaragainst ex post facto laws is Section 446.110 which states that “no new law shall be construed to repeal former law as to any offense,” the effect of which is to prevent persons charged with a crime from claiming that the offense they are charged with is no longer a crime (unless the legislature clearly intends that retroactive effect).

Severability(thequestionofwhetherajudicialdecisionthatoneportionof a statute is unconstitutional renders the rest void) is dealt with in KRS 446.090, which declares it is “the intent of the General Assembly, in enacting any statute, that if any part of the statute be held unconstitutional the remaining parts shall remain in force, unless the statute provides otherwise,” or the remaining parts are “so essentially and inseparably connected” with the unconstitutional part to be “incapable of being executed” without that part.

Recognizing that it may sometimes err in its drafting, the legislature provides that between two acts amending a section, the last passed shall prevail. KRS 446.250. Other technical provisions addressing legislative error are KRS 446.260 (repeal to prevail over amendment of same statute); KRS 446.270 (failure to underline new language); KRS 446.280 (failure to indicate deleted material); KRS 446.290 (effect of delayed repeal); KRS 446.300 (effect of delayed amend-ment); KRS 446.310 (correction of bill presented to Governor);and KRS 446.320 (delayed effective date).

Researchers seeking a good resource to assist in interpreting statutes should consult The Bill Drafting Manual of the Kentucky General Assembly(Frankfort,Ky.:Legislative Research Commission, 2011) or Statutes and Statutory Construction (7th ed. 2008) (formerly called Sutherland’s Statutory Construction), the standard treatise on the topic.

D. [3.5] OfficialAnnotatedCodes

The two certified editions of theKRSareThomsonWest’sBaldwin’s Kentucky Revised Statutes Annotated and LexisNexis’ Michie’s Kentucky Revised Statutes Annotated. Both of these editions are annotated codes, which means that each section is annotated with references to related laws, judicial decisions, and secondarysources.ThereisnostatepublishedcertifiedcodealthoughtheLegisla-tiveResearchCommissionmaintainsaregularlyupdatedbutunofficialwebversionoftheKRSat:<lrc.ky.gov/Statutes/index.aspx>.

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1. [3.6] Features Common to Both Annotated Codes

a. [3.7] History Notes

The history or legislative history notes are a valuable part of each code section, providing both access to the original context of the law as passed by the General Assembly and a starting point for legislative history. The simplest note has the citation to the year, chapter and section of the Kentucky Acts where the lawwasfirstpublished,anditseffectivedate.Forexample:HISTORY:1966,c.255, § 284, eff. 6-16-66. If the section has been revised, this information will be provided for each revision. Older statutes may have notes to Kentucky law codes that existed prior to the KRS.4

b. [3.8] Cross-References to Other Sections

Giventhatsomelegalsubjectmatterdoesnotfitneatlyintoonechapter,careful researchers need to check any cross-references to other relevant KRS sec-tions.

c. [3.9] References to Secondary Sources

BothcertifiedversionsoftheKRShavereferencestosecondarysources.This will likely include references to all relevant law review and bar association periodicals, American Law Reports (“ALR”) annotations, legal encyclopedia such as Corpus Juris Secundum (“CJS”) and American Jurisprudence (“Am. Jur.”), and legal treatises (usually those published by the publisher of that particular version of the KRS).

d. [3.10] Decisions

Annotations to judicial decisions and opinions of the Attorney General of Kentucky (“OAG’s”), are the meat-and-potatoes of an annotated code. These notes cite all judicial decisions relating to a statute section, with brief synopses of the relevant legal points. Annotations to decisions aid legal researchers in interpreting the meaning of a particular section. Both the Baldwin and Michie annotated codes try to be as comprehensive as possible. When a section does not have annotations, it usually means that there is no case law – with two important caveats. First, often a court interpreting a statute will not cite to each and every relevant section. Therefore

4 Two notes are flags that indicate possible research angles.A citation to 1942, c. 208indicatesthatactwascodifiedinthe1942revisionofthestatutesandlikelyexistedpriorto that. The researcher seeing this should consult An Act Revising the Statute Laws of the Commonwealth.Frankfort,Ky.:KentuckyStatuteRevisionCommission,1942, andNotes and Annotations to the Kentucky Revised Statutes.Frankfort,Ky.:KentuckyStatuteRevision Commission, 1944. A reference to KS refers to Carroll’s Kentucky Statutes and warrants consulting both of the above sources and the last edition of Carroll’s before the revision, the 1936 edition. See Section [3.28], infra, Working with Superseded Codes.

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it is always important to browse annotations in all relevant statutory sections before and after the section you are researching, and review any case notes that may be generallyapplicabletoyourspecificstatutorysection.Second(asisdiscussedinfarmore detail below), cases interpreting earlier versions of a statute are occasionally omitted, especially when the prior statute had a different KRS number. See Section [3.33], infra, on how to trace a current statute back to its origin.

e. [3.11] Updates

Both annotated codes are updated promptly after each session of the General Assembly, but through different means. See the discussion below of the twocertifiededitionsoftheKRSformoredetail.

2. [3.12] Baldwin’s Kentucky Revised Statutes Annotated (West Group)

The pedigree of Baldwin’s Kentucky Revised Statutes Annotated dates back to 1915 when the Baldwin Law Book Co. purchased John D. Carroll’s Kentucky Statutes,thenthesemi-officialstatutorycodeofKentucky.5 Editor William Edward Baldwin revised the new Carroll’s Kentucky Statutes Annotated: Baldwin’s Revision until 1955 when the name Baldwin’s Kentucky Statutes Annotated was adopted. In 1979, the Baldwin’sKRSwascertifiedasanofficialeditionbytheLRC.

a. [3.13] Format

The Baldwin’s Kentucky Revised Statutes is published in a hard-bound book format with pocket-parts. There are currently just under 40 hard-bound vol-umes in the set, with a two-volume soft-bound subject index.

b. [3.14] Updates

The Baldwin’s staff updates their edition a number of ways. First, each year a set of pocket-parts is issued for all hard-bound volumes, which is typically published in late summer or early fall. Second, individual volumes are replaced on a periodic basis. Third, there is an advance service called the Interim Update published in the spring. Finally, Baldwin’s publishes separate softbound Acts issues after every regular or special session of the Kentucky General Assembly.

5 From 1904 until the 1942 Revision, the Kentucky legislature would periodically adopt editions of Carroll’s, and later Baldwin’s, as the law of the state (generally provided for in KS § 2419). Thus in 1904, they adopted the 1903 Carroll’s; in 1922, the 1915 edition with its 1918 supplement; and in 1928, the 1922 edition and its 1926 supplement. In 1936, the 1930 edition and the 1930, 1932, and 1933 supplements were adopted. Ky. Acts c. 35, 1934.

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c. [3.15] Annotations

Sources of annotations in the Baldwin’s KRS include all decisions of Ken-tucky state courts and federal courts construing Kentucky law, selected Attorney Generalopinions,KentuckyBarAssociationEthics andUnauthorizedPracticeOpinions, and selected decisions of Kentucky administrative hearings boards. When annotations of a particular section are numerous enough, Baldwin’s editors will organize them into subject categories. Case notes are presented in reverse chronological order within each section or subject category.

Cross-references to related statutes, the state constitution, court rules, and the Kentucky Administrative Regulations (“KAR”) are also provided. Secondary reference sources include law review articles, American Jurisprudence, Kentucky Pleading & Practice, ALR, CJS, West Key Numbers, Westlaw Topic Numbers, and other West practice materials.

d. [3.16] Indexes

The General Index is comprehensive, with references to all constitutional, statutory, and rules sections contained in the set.

e. [3.17] User’s Guide

ThereisadetailedUser’sGuideinthefirstvolumeoftheBaldwin’s KRS.

f. [3.18] Electronic Versions

Baldwin’s Kentucky Revised Statutes Annotated is the base of West-lawNext’s Kentucky statutes database. The Westlaw Kentucky collection also includes annual snap-shots of the KRS for each years since 1995. They are a little hardtofind,butaresearchershouldbrowsetotheKentucky sources, click on Statutes and Court Rules, and look for Kentucky Revised Statutes – Historical under the Tools and Resources section.

3. [3.19] Michie’s Kentucky Revised Statutes Annotated (LexisNexis)

The Michie’s Kentucky Revised Statutes Annotated dates back to an edi-tion started by the Bobbs-Merrill Company in 1971. It is currently published by LexisNexisandiscertifiedasanofficialeditionbytheLRC.

a. [3.20] Format

The Michie’s KRS is published in a hard-bound book format with pocket-parts. There are currently three dozen hard-bound volumes in the set, with a two-volume soft-bound rules service, and a two-volume soft-bound index.

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b. [3.21] Updates

Michie’s KRS is updated three ways. First, each year a set of pocket-parts is issued for all hard-bound volumes (the soft-bound Rules and Index volumes are replaced). Second, individual volumes are replaced on a periodic basis. Third, there isaquarterlyadvanceservicewhichincludesanannualCumulativeSupplementandInterimSupplementpublishedintheotherthreequartersoftheyear.Inaddi-tion, there is an Advance Legislative Service published after each session of the Kentucky General Assembly containing the session laws of that body.

c. [3.22] Title and Chapter Analyses

At the beginning of each title and chapter, the Michie editors have cre-ated an analytical outline of that title or chapter. These outlines are very valuable tools to place a particular section within its proper context in the statutory schema.

d. [3.23] Annotations

The Michie’s KRS has annotations to all decisions of Kentucky state courts and federal courts construing Kentucky law, selected Attorney General opinions, and selected decisions of Kentucky administrative hearings boards. Where annotations of a particular section are numerous, Michie’s editors have organized them under thegeneralheadings“InGeneral,”“Constitutionality,”“Purpose,”“Construction,”and “Application,” as well as in subject categories relevant to that section. When a section of the KRS has been so heavily edited that it is unclear whether some annotations are still relevant, the editors will group and label those annotations accordingly. Cases for which a section has been cited but not construed are listed under a “Cited” heading.

Cross-references to related statutes, the state constitution, court rules, and the Kentucky Administrative Regulations are also provided. Secondary sources referenced include law review articles, ALR annotations, Corpus Juris Secundum, and American Jurisprudence 2d.

e. [3.24] Indexes

There is a two-volume soft-bound main index to the Michie set, with refer-ences to all constitutional, statutory and rules sections. It is replaced each year. In addition, there is a separate index for the Kentucky Constitution, the Rules, each volume, and pocket-part of the Michie’s KRS.

f. [3.25] User’s Guide

Thereisasix-pageUser’sGuideinthefirstvolumeoftheMichie’s KRS that describes how researchers can get the best use out of the set.

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g. [3.26] ElectronicandMicrofilmVersions

There are two electronic versions of the Michie’s KRS:The“Code”fileinthe “Kentucky” library on Lexis and the CD-ROM edition, Michie’s Kentucky Law on Disc. In addition to containing Michie’s KRS, the Michie’s Kentucky Law on Disc also has Kentucky judicial decisions and Attorney General Opinions from 1976.

Foryears,theWilliamS.HeinCo.haspublishedamicrofichecollectionthat included all superseded Michie KRS volumes and pocket-parts dating back to 1970 when the Bobbs-Merrill Co. started the set. This set can be used to reckon back to prior versions. See Section [3.38], infra, Checklist of Superseded Michie’s Bound Volumes, 1971-2015foralistinginversionsoffilmedMichie Volumes.

E. [3.27] Shepard’s Kentucky Citations, Statute Edition

Oneotheruseful toolforfindingcase lawonKentuckystatutes is theStatute Edition of Shepard’s Kentucky Citations. This work has case citations to not only current KRS sections, but also the state constitution and rules of court. Older material like the Kentucky Statutes and the Codes of Practice (1932-1960) are also covered, as are the Kentucky Acts (1791-present), when cited as such in a case. Shepard’s Kentucky Citationsisupdatedquarterly.Researchersarecautionedtorememberthatcitationsonlyreflectjudge-madelaw.Shepard’s will not alert the subscriber to changes in a statute made by the legislature.

II. [3.28] Working with Superseded Codes

A. [3.29] TheUsesofSupersededCodesinthePracticeofLaw

Apart from their historical value, superseded codes have a role in practi-cal legal research. First, prior versions of the law are legally valid when applied to events that occurred at the time when they were current law. For example, a modern estate case may turn on a 1975 transfer of land. To ascertain what property rights were transferred in the transaction, one would need to see what the KRS said in 1975 about such transfers. Second, tracing the language or subject matter ofastatutebacktothefirsttimethelegislaturesospokecangreatlyilluminatethe legislative purpose of a statute and provide a skillful advocate with fodder for argument. Finally, and perhaps most importantly, such research can bring to light additional legal precedent because annotated codes do not pick up all of the relevant case law regarding many Kentucky statutes. Generally they are very good about picking up cases regarding recently enacted statutes and often collect cases adjudicated under a prior version of a statute, especially when that statute has the same KRS chapter and section number as the new statute. They are less helpful when a current statute has the same language as an older statute, but the prior statutehadaverydifferentKRScitation.AgoodexampleistheUnifiedJuvenile

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Code,whichbroughttogethervariouscivilandcriminalstatutes(somequiteold)that had once been scattered through the KRS. Moreover, the annotated codes rarely track cases prior to the 1942 enactment of the KRS, even though the KRS re-codifiedstatutesthathadbeenlawfordecades.Thelawagainstdueling,whichcan be traced back to 1799, is a good example. Given the traditional reluctance of Kentucky courts to publish its decisions, a lawyer needs every bit of decisional authority he or she can muster.

One could ask whether cases based on earlier statutes are mandatory authority, even when they grapple with the same language. However, it is a settled point of Kentucky law that the legislature is presumed to have knowledge of ex-isting laws and the construction placed on them by courts. Manning v. Kentucky Bd. of Dentistry, 657 S.W.2d 584 (Ky. Ct. App. 1983).6 It follows that a statute that preserves the language of a prior law does not intend to disturb the judicially accepted meaning of those words. Moreover, it is impossible to deny the persua-sive authority of such cases. With the traditional instruments of legislative history (reports of debates and committee reports) not published in Kentucky, attorneys should not overlook any means of placing a statute in a light favorable to their clients. In addition, tracing a statute back to its origins in the misty past is often helpful on its own merit for determining that statute’s current application, or in the alternative, to discredit modern interpretations that would be absurd when placed in historical context.7

B. [3.30] KRS on Legal Effect of Old Codes

In its thorough revision of Kentucky statutory law, the 1942 General As-semblydecidedtorepealallpriorlaws,makingitsnewcodepositivelaw:

All statute laws of the commonwealth of a general and public nature enacted prior to the 1942 regular session of the general assembly,except theCodesofPracticeandsuchstatute lawsas are continued in force by express provision in the body of sections of the Kentucky Revised Statutes, are hereby repealed.

KRS 447.025.

In doing so, the legislature was careful not to diminish the validity of prior lawsasevidenceofthelawatearliertimes:

6 See also Hawley Coal Co. v. Bruce, 67 S.W.2d 703 (Ky. 1934); Button v. Hikes, 176 S.W.2d 112 (Ky. 1943) and Commonwealth v. Boarman, 610 S.W.2d 922 (Ky. Ct. App. 1980).

7 The importance of good research into the history of a law is best illustrated by a recent caseinMississippi.AgroupsuedclaimingthattheuseoftheConfederateflaginthestateflagviolatedtheircivilrights.Thecourtrejectedthisclaimbutnotedthatitsresearchintostate law indicated that the stateflag lawhadbeenomitted in a recodification, therebyrenderingthestateofMississippiwithoutanofficialflag!Theattorneysforbothpartieshad neglected to discover this fact during their research. Mississippi Div. of United Sons of Confederate Veterans v. Mississippi State Conference of NAACP Branches, 774 So. 2d 388 (Miss. 2000).

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The session acts and resolutions of the general assembly here-tofore or hereafter published, the editions of the Statutes of Kentucky by Daniel Bradford, by William Littell, by Littell and Swigert, byMorehead andBrown, and in part byPrestonS.Loughborough, the edition of the Virginia Statutes by William Waller Henning, Richard H. Stanton’s new edition of the Revised Statutes of Kentucky, the supplement to the Revised Statutes by HarveyMyers,theGeneralStatutes,theCodesofPractice,thevarious editions of Carroll’s Kentucky Statutes and supplements thereto published prior to 1940, and the various editions of Car-roll’s Kentucky Codes and the supplements thereto, shall be re-ceived, in the courts and tribunals of this state, as evidence of the statute laws in force in this state at the time of their publication.

KRS 447.030

The result of these actions was to extinguish the prospective effect of statutes in force prior to 1942, without diminishing their retrospective effect. Thus a property transfer in 1940 would be judged by the law in place in 1940, even in the context of a lawsuit in 2000.

C. [3.31] A Brief History of Kentucky Statutes

Thefirst collections ofKentucky laws date back to thefirst printingpressinKentucky,thatofJohnandDanielBradford,publishersofthestate’sfirstnewspaper, the Kentucky Gazette. Bradford’s Laws, now exceedingly rare and usedonlyinmicrofiche,waspublishedin1799.8Thework,whichwasfinancedby subscription, included the constitutions of the U.S. and Kentucky, the act of separation from Virginia, a “Copious Index,” and all laws “of a General Nature nowinforce,”compiledfromthefirstsevensessionsoftheGeneralAssembly.A second volume was published in 1807, with a third volume following in 1817.

Bradford’s Laws were no more than indexed collections of session acts. In the same vein, William Littell also published a three-volume compilation of acts published in installments in 1809, 1810, and 1811, with supplements in 1814 and 1819.However,Littellwasdissatisfiedwiththiseffortandin1822hejoinedwithJacob Swigert to prepare The Digest of Statute Laws, which unlike previous efforts, attempted to group acts together by subject matter. Arranged alphabetically, the two-volumesetwascertifiedbyacommitteeofjudgestobe“faithfulandaccurate”and suitable to be “received as an authority in the courts of justice” and was then adopted by the legislature. Ky. Acts 1821, c. 254.

In 1834 the General Assembly commissioned Charles S. Morehead and Mason Brown to undertake a revision of the compiled acts, Ky. Acts 1934, c. 352,

8 See Douglas C. McMurtrie, “A Bibliography of Kentucky Statute Law,” 1792-1830,” 9 Filson Club Historical Q. 95-120., for detailed information on this rare imprint.

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followingthesamearrangementas“Littell’sDigest.”PrestonS.Loughboroughpublished a supplement in 1842, which, while not commissioned by the legislature, received the approval of the Court of Appeals.

ThefirsttruerevisionorcodificationofKentuckystatutelawtookplaceover 1850 and 1851 by three legislatively appointed commissioners, Charles A. Wickliffe, S. Turner, and S.S. Nicholas. The commissioners were empowered to re-word statutes, eliminate obsolete and repealed acts, rearrange and re-order the subjects, and to generally shape sixty years of acts into a code of law. Ky. Acts 1850, c. 13. Inexplicably, the legislature did not appropriate funding for publishing the “Revised Statutes,” but Wickliffe and Turner did so privately in 1852.

In 1860, Richard Stanton published a two-volume update of the Revised Statutes, which was supplemented in 1866 by Harold Myers. Neither update was approved by the legislature, which in 1873 appointed Edward I. Bullock, William Johnson, and George W. Craddock to revise and update the work of the 1852 commission. The General Assembly decided this time to appropriate funds for the publication of 4,000 copies of the completed “General Statutes” of Kentucky. Ky. Acts 1873, c. 67. Between 1877 and 1888, J.F. Bullitt and John Feland published six commercial editions of the General Statutes.

Followingratificationof the1891KentuckyConstitution, theGeneralAssembly named trial commissioners, W.C. McChord, James C. Sims, and John D. Carroll to prepare bills to conform the Kentucky statutes to the new fundamen-tal law of the Commonwealth. The hundreds of laws they proposed over the long session of 1891, 1892, and 1893, did not improve the arrangement of the statute laws. John D. Carroll and J. Barbour attempted to do so in their 1894 edition of the KentuCKy StAtuteS. While retaining the traditional alphabetical subject ar-rangement, Carroll and Barbour attempted to make citation of the laws easier by numbering the sections consecutively throughout the edition. Therefore, under “Animals,” the section on “Bulls Running Wild,” could be cited as KS § 73. This citationmethodwouldendurealmostfivedecades,aswouldCarroll’scompilations,which were printed in 1899, 1903, 1909, 1915, 1922, 1930, and 1936, under the name Carroll’s Kentucky Statutes (even though the Baldwin Law Book Company took over publication in 1918 ).

In 1942, the Kentucky General Assembly radically revised the state’s statutes (see supra), and published its own edition of the Kentucky Revised Statutes in 1944.9 The 1942 revision did more than revise the statutes; it also revised the way of arranging and citing them. Recognizing the old numbering system had not allowed for much expansion, the KRS was based on a decimal system in which thefirstthreeplacesarereservedforthechapter,thesecondthreeforthesection.(e.g., KRS 388.010).

9 The Legislative Research Commission, which published this version (distinctively bound in bright orange) discontinued publication in 1960.

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The existence of a state-produced edition of the KRS did not preclude the Baldwin Co. from beginning publication of the popular Baldwin’s Revised Statutes Annotated in 1943 (later retitled Baldwin’s Kentucky Revised Statutes Annotated). The Legislative Research Commission’s revision of the KRS died off in 1962, but in 1970 the Bobbs-Merrill Company of Indianapolis began publish-ing a competing version of the KRS which they soon sold to the Michie Company ofCharlottesville.WestPublishingacquiredtheBaldwin’s KRS in the late 1980s andLexisNexisacquiredMichie’s KRS in the 1990s. The names “Baldwin’s” and “Michie’s” remain as brand names.

D. [3.32] Tools for Researching Old Statutes

Thequestionis,howdoesonetracethestatutorylanguageinaparticularsectionoftheKRSbacktoitsorigin?Theanswertothequestionmustbeginwitha disclaimer that may offend the ears of members of the bar educated within the last twodecades: thiscannotbedonesolely,orevenmostly,online.Also, themost comprehensive research will have to be done in a law library with a full set of Kentucky Acts and a fairly deep collection of superseded volumes of the KRS, Carroll’s Kentucky Statutes, and other older codes (see Section [3.37], infra, Survey of Statutory Materials in Kentucky Public Law Libraries). Unfortunately for researchers, only a scant portion of the material discussed in this article is available digitally. Westlaw packages its historical versions of the KRS in annual databases that go back to 1986 and can be searched by year or combined together. It also has a database of acts of the legislature from 1990 on, but the database is notbasedontheofficialKentuckyActs,butinsteadusesunofficialadvancesheetversions of acts. Lexis has a legislative archives database that collects old statutes back through 1991. It also simulates the Kentucky Acts with its advance service in a database that dates to 1991.

E. [3.33] A Method for Tracing a Current Statute Back to Its Origins

Thefirstplacetobeginresearchingthehistoryofalawisthehistorynotesin the annotated code. The main note is found as a parenthetical note attached to thelastsentenceofthetextofthestatute.ThesenotescitefirsttotheKentuckyActs when this particular version of the law was enacted, and list all revisions. Consulting the text of the original Act is important because there is sometimes a preface or similar language referring to prior laws on the subject. In addition to references to acts of the legislature, some notes have citations to prior codes like the Kentucky Statutes (sometimes abbreviated “KS”). Such a note can take you back to before the 1942 revision of the statutes. As useful as it is, a history note is not completely conclusive as to a law’s actual origin. As mentioned earlier, often a law that appears to have been enacted recently may be a thoroughly reworked law that has language that dates back decades.

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Example(KRS67.040):

Baldwin’s KRS (Thomson West)

(HISTORY:1978c118,§7,c384,§141,eff.6-17-78;1976ex s, c 20, § 6; 1952 c 224, § 1; 1942 c 173, § 1, c 208, § 1; KS 1833, 1836, 1837)

Michie’s KRS (LexisNexis)

(1833,1836,1837:amend.Acts1942ch.173,§§1,2;1952ch.224, § 1; 1976 (Ex. Sess), ch. 20, § 6, effective January 2, 1978; 1978, ch. 118, §7, effective June 17, 1978; 1978, ch. 384, § 141, effective June 17, 1978)

Despite the fact that one version is in chronological order, and the two codes handle abbreviations differently (“c” versus “ch.” for chapter; “ex s” and “Ex. Sess. for extraordinary session), the information (conveyed in terse statements separated by semicolons) is the same. The history note tells you that KRS 67.040 goes back to three sections of the old Kentucky Statutes (1833, 1836, and 1837) that were combined in the original 1942 edition of the KRS, that the statute was revised in 1952, and the text of that revision is found in section one of chapter 224 of the Kentucky Acts, and that it was revised again in 1976 and twice in 1978, with additional information about those revisions. Note that while the Baldwin edition uses “KS” to indicate a citation to Kentucky Statutes, the Michie edition does not. While citations to the Kentucky Statutes started as simple numbered statutes (as in the above example), things got more complex as statutes were added and the compilersbegantofirstaddlowercaseletters(forexample:§§907a,907band907c) and then other elements (§ 1596b-12).

Now that the history note has been interpreted, one can look up the Ken-tucky Acts citations and see how the law evolved, paying particular attention to whetherthespecificstatutorylanguageoneistryingtointerprethaschanged.Next,assuming one has access to a collection of superseded KRS volumes, one can check for relevant cases decided under the prior versions of the law that have not been carried forward to the current version of the KRS. Using the example, one should look up KRS 67.040 as it existed prior to 1978, 1976, and 1952.

Having looked at all prior versions of the statute in the KRS, one can examine how the statute looked and was interpreted before the 1942 revision of the KRS (assuming it goes back that far). Almost every statute in Kentucky has some roots in the 1942 revision of the Kentucky statutory code, if only in the chapter number it bears. Many statutes with legislative history notes have entries to “1942 Ky. Acts, Chapter 208” (see the Baldwin’s example above), but when one looks upthatcite,insteadoffindingthelanguageofthestatutebeingresearched,onefinds“AnActRevising theStatuteLawsof theCommonwealth.”Experiencedresearchersencounteringthiscitationknowthattheyneedtofindtheirlibrary’scopy of the Bill To Revise the Kentucky Statutes 1942, because this is the act by

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which the legislature adopted the KRS by reference. Generally when one sees this kind of cite, the law dates back to the original KRS.

In the example above, three sections of the old Kentucky Statutes (1833, 1836,and1837)werecombinedtomakeKRS67.040.Tofindcasesdecidedunderthese statutes, one should consult the last bound addition of Carroll’s Kentucky Statutes (1936) and, if available, its supplements (originally issued in paperback, these supplements have been bound by some libraries).

The committee assembled to revise the Kentucky statutes left behind a volume of materials from its extensive research that is extremely useful to research-ers. The Statute Revision Commission’s Notes and Annotations to the Kentucky Revised Statutes, published in 1944, contains “the complete legislative history from the time of the last complete revision in 1873 (the General Statutes) to the time of the enactment of the Kentucky Revised Statutes in 1942, and full Reviser’s Notes explaining all changes of language and omissions made in the process of revising the statutes.”10 Sections are also annotated by references to relevant court decisions “from the earliest date” to 1943 and “all material of a historical character that is useful in connection with the interpretation, construction and application of the statutes.”11 The material is organized by KRS chapter and section, each of which is prefaced with an asterisk.

Using the Notes and Annotations, tracing a statute beyond even the Ken-tucky Statutes is a snap. First, look it up by its KRS number. The entry will have citations to cases and statutes in effect in 1942, as well as statutory and legislative history notes and case citations on the language of the statute going back to the 1873 General Statutes. A typical section begins with references to all sections of the Kentucky Statutes related to that KRS section. Citations to the Kentucky Acts follow, cited by year, chapter and section if applicable. Usually these citations are followed by commentary on the revision history of the statute, then annotations to cases commenting on the KRS section or prior statutes upon which the KRS section was based.

A citation to the 1873 General Statutes can be researched further. The Gen-eral Statutes has references to session laws and to the 1852 Revised Statutes printed in the margins alongside each statute. From there, a citation to the Revised Statutes can be traced even further, because that compilation has side notes to Morehead and Brown’s Digest of the Statute Laws of Kentucky (1834) and Loughborough’s supplement. Each of those sources has marginal references to session laws and to Littell and Swigert’s collections of statute laws, as well as notes to leading cases.

Although a lot of work, researching the language of a statute back through early versions can pay off with both a better understanding of the law and a greater number of cases to mine for arguments. Few things are completely new to the law, andwithdiligentresearch,onecanfindalltherelevantlawonastatute.

10 Notes and Annotations to the Kentucky Revised Statutes, 1944,“Preface,”atv.11 Id.

3-19


Recently, HeinOnline, which is available at all Kentucky law school libraries,hasaddedanewdatabase“StateStatutes:AHistoricalArchive.”IntheKentucky collection it has 47 titles that range from Harry Toulmin’s 1802 Acts of Kentucky and William Littell’s Statute Law of Kentucky (1809-14) to the 1946 state-published version of Kentucky Revised Statutes.

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3-21


III. [3.34] Appendix

A. [3.35] KRS446.010DefinitionsforStatutesGenerally

Asusedinthestatutelawsofthisstate,unlessthecontextrequiresoth-erwise:

(1) “Action” includes all proceedings in any court of this state;

(2) “Animal” includes every warm-blooded living creature except a human being;

(3) “Attorney” means attorney-at-law;(4) “Bequeath”and“devise”meanthesamething;(5) “Bequest” and “legacy”mean the same thing, and

embrace either real or personal estate, or both;(6) “Cattle” includes horse, mule, ass, cow, ox, sheep, hog,

or goat of any age or sex;(7) “Company” may extend and be applied to any corpora-

tion, company, person, partnership, joint stock company, or association;

(8) “Corporation” may extend and be applied to any cor-poration, company, partnership, joint stock company, or association;

(9) “Cruelty” as applied to animals includes every act or omissionwherebyunjustifiablephysicalpain,suffering,or death is caused or permitted;

(10) “Directors,” when applied to corporations, includes managers or trustees;

(11) “Domestic,” when applied to corporations, means all those incorporated or formed by authority of this state;

(12) “Domestic animal” means any animal converted to domestic habitat;

(13) “Federal” refers to the United States;(14) “Foreign,” when applied to corporations, includes all

those incorporated or formed by authority of any other state;

(15) “Generally accepted accounting principles” are those uniform minimum standards of and guidelines to financialaccountingandreportingasadoptedby theNational Council on Governmental Accounting, under theauspicesoftheMunicipalFinanceOfficersAssocia-

3-22


tion and by the Financial Accounting Standards Board, undertheauspicesoftheAmericanInstituteofCertifiedPublicAccountants;

(16) “Humanesociety,”“society,”or“SocietyforthePre-ventionofCrueltytoAnimals,”meansanynonprofitcorporation, organized under the laws of this state and having as its primary purpose the prevention of cruelty to animals;

(17) “Issue,” as applied to the descent of real estate, includes all the lawful lineal descendants of the ancestors;

(18) “Land” or “real estate” includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest;

(19) “Legatee” and “devisee” convey the same idea;(20) “May” is permissive;(21) “Month” means calendar month;(22) “Oath”includes“affirmation”inallcasesinwhichan

affirmationmaybesubstitutedforanoath;(23) “Owner” when applied to any animal, means any person

having a property interest in such animal;(24) “Peaceofficer”includessheriffs,constables,coroners,

jailers, metropolitan and urban-county government correctionalofficers,marshals, policemen, andotherpersons with similar authority to make arrests;

(25) “Penitentiary”includesallofthestatepenalinstitutionsexcept the houses of reform;

(26) “Person”mayextendandbeappliedtobodies-politicand corporate, societies, communities, the public generally, individuals, partnerships, registered limited liability partnerships, joint stock companies, and limited liability companies;

(27) “Personalestate”includeschattels,realandotheres-tate that passes to the personal representative upon the owner dying intestate;

(28) “Regular election” means the election in even-numbered years at which members of Congress are elected and the electioninodd-numberedyearsatwhichstateofficersare elected;

(29) “Shall” is mandatory;

3-23


(30) “State” when applied to a part of the United States, includes territories, outlying possessions, and the Dis-trict of Columbia; “any other state” includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country;

(31) “State funds” or “public funds” means sums actu-ally received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state-owned corporation, university, depart-ment,cabinet,fiduciaryforthebenefitofanyformofstate organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office,oranyotherformoforganizationwhetherornotthe money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS 42.600, 42.605, and 42.615;

(32) “Sworn”includes“affirmed”inallcasesinwhichanaffirmationmaybesubstitutedforanoath;

(33) “United States” includes territories, outlying posses-sions, and the District of Columbia;

(34) “Vacancyinoffice,”oranyequivalentphrase,meanssuch as exists when there is an unexpired part of a termofofficewithoutalawfulincumbenttherein,orwhenthepersonelectedorappointedtoanofficefailstoqualifyaccordingtolaw,orwhentherehasbeennoelectiontofilltheofficeatthetimeappointedbylaw;it applies whether the vacancy is occasioned by death, resignation, removal from the state, county or district, or otherwise;

(35) “Violate” includes failure to comply with;(36) “Will” includes codicils; “last will” means last will and

testament;(37) “Year”meanscalendaryear;(38) “City” includes town;(39) Appropriation-relatedtermsaredefinedasfollows:

(a) “Appropriation” means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes

3-24


specifiedintheauthorizationandundertheprocedureprescribed in KRS Chapter 48;

(b) “Appropriation provision” means a section of any enactment by the General Assembly which is not pro-vided for by KRS Chapter 48 and which authorizes the expenditure of public funds other than by a general appropriation bill;

(c) “General appropriation bill” means an enactment by the General Assembly that authorizes the expenditure of public funds in an executive, judicial, or legislative branch budget bill as provided for in KRS Chapter 48;

(40) “Mediation” means a nonadversarial process in which a neutral third party encourages and helps disputing parties reach a mutually acceptable agreement. Recom-mendations by mediators are not binding on the parties unless the parties enter into a settlement agreement incorporating the recommendations; and

(41) “Biennium” means the two (2) year period commencing on July 1 in each even-numbered year and ending on June 30 in the ensuing even-numbered year.

3-25


B. [3.36] Chronological Bibliography of Statutory Compilations and Revisions

Daniel Bradford. Kentucky Laws.Frankfort,Ky.:JohnBradford,1799-1817.

William Littell. The Statute Law of Kentucky. Frankfort,Ky.:WilliamHunter,1809-1819.

William Littell and Jacob Swigert. A Digest of the Statute Law of Kentucky. Frank-fort,Ky.:KendallandRussell,PrintersfortheState,1822.

C.S. Morehead and Mason Brown. A Digest of the Statutes Laws of Kentucky. Frankfort,Ky.:A.G.Hodges,1834.

PrestonS.Loughborough.A Digest of the Statute Laws of Kentucky. Frankfort, Ky.:A.G.Hodges,1842.

C.A. Wickliffe, S. Turner, and S.S. Nicholas. The Revised Statutes of Kentucky. Frankfort,Ky.:A.G.Hodges,StatePrinter,1852.

Richard H. Stanton. The Revised Statutes of Kentucky. Cincinnati, Oh.:R. Clarke & Co., 1860.

Harvey Myers. Digest of the General Laws of Kentucky. Cincinnati, Oh.:R. Clarke & Co., 1866.

Richard H. Stanton. The Revised Statutes of Kentucky. 2 v.Cincinnati,Oh.:R. Clarke & Co., 1867.

Edward I. Bullock, James M. Nesbitt, and George W. Craddock. The General Statutes of the Commonwealth of Kentucky. Frankfort,Ky.: S.I.M.Major,PublicPrinters,1873.

Edward I. Bullock, James M. Nesbitt, and George W. Craddock. The General Statutes of the Commonwealth of Kentucky.PreparedbyJ.F.BullittandJohnFeland.Frankfort,Ky.:PrintedattheKentuckyYeomanOffice,Major,John-ston & Barrett, 1877.

Edward I. Bullock, James M. Nesbitt and George W. Craddock. The General Statutes of the Commonwealth of Kentucky.PreparedbyJ.F.BullittandJohnFeland.Frankfort,Ky.:PrintedattheKentuckyYeomanOffice,Major,Johnston&Barrett, 1879.

Edward I. Bullock, James M. Nesbitt and George W. Craddock. The General Statutes of the Commonwealth of Kentucky.PreparedbyJ.F.BullittandJohnFeland.Frankfort,Ky.:PrintedattheKentuckyYeomanOffice,Major,Johnston&Barrett, 1881.

3-26


Edward I. Bullock, James M. Nesbitt and George W. Craddock. The General Statutes of the Commonwealth of Kentucky.PreparedbyJ.F.BullittandJohnFeland.Louisville:theBradleyandGilbertCompany,1888.

J. Barbour and John D. Carroll. Kentucky Statutes.Louisville:Courier-JournalJobPrintingCo.,1894.

J. Barbour and John D. Carroll. Kentucky Statutes. 2d ed.Louisville:Courier-JournalJobPrintingCo.,1899.

John D. Carroll. Kentucky Statutes.3ded.Louisville:Courier-JournalJobPrint-ing Co., 1903.

John D. Carroll. Kentucky Statutes.4thed.Louisville:Courier-JournalJobPrint-ing Co., 1909.

John D. Carroll. Kentucky Statutes.5thed.Louisville:TheBaldwinLawBookCo. Inc., 1915-18. 3 vols.

John D. Carroll. Kentucky Statutes.6thed.Louisville:TheBaldwinLawBookCo. Inc., 1922.

Carroll’s Kentucky Statutes.Louisville:TheBaldwinLawBookCo.Inc.,1930.

Carroll’s Kentucky Statutes Annotated: Baldwin’s 1936 Revision. Cleveland:Banks-Baldwin Co. Inc., 1936.

Kentucky Revised Statutes: Reproduced as Officially Adopted, 1942.Certifieded.Cleveland:Banks-BaldwinCo.,1942.

Carroll’s Kentucky Statutes Annotated: Baldwin’s 1943 Revision.Cleveland:Banks-Baldwin Co. Inc., 1943.

Kentucky Revised Statutes, 1942.Frankfort,Ky.:KentuckyStatuteRevisionCom-mission, 1942.





Baldwin’s Kentucky Statutes Annotated.Cleveland:Banks-BaldwinCo.Inc.,1955.

Kentucky Revised Statutes, 1956.Frankfort,Ky.:KentuckyStatuteRevisionCom-mission, 1956. 3 v. (loose-leaf).

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Kentucky Revised Statutes, 1959.Frankfort,Ky.:KentuckyStatuteRevisionCom-mission, 1959. 3 v. (loose-leaf).

Kentucky Revised Statutes, 1960.Frankfort,Ky.:KentuckyStatuteRevisionCom-mission, 1960.3 v. (loose-leaf).

Kentucky Revised Statutes, 1962.Frankfort,Ky.:KentuckyStatuteRevisionCom-mission,1962. 3 v. (loose-leaf).

Baldwin’s Kentucky Statutes Annotated.Cleveland:Banks-BaldwinCo.Inc.,1963.

Baldwin’s Kentucky Revised Statutes and Rules Service.Cleveland:Banks-BaldwinLawPub.Co.,1974-present.

Kentucky Revised Statutes, Annotated.Indianapolis:Bobbs-MerrillCo.Charlot-tesville,Va.:Michie/LexisLawPublishing,1971-present.

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3-29


C. [3.37] SurveyofStatutoryMaterialsinKentuckyPublicLawLibraries

University of Kentucky College of Law Library 620 S. Limestone Street Lexington, Ky. 40506-0048 (859) 257-8686

UK’s law library has multiple copies of both current annotated codes, a full set of Kentucky Acts, good runs of House and Senate Journals; and most historical statutory codes. It also has complete state session laws and Hein’s Michie’s KRS archivesonmicrofiche.AlthoughitdoesnothaveacompleterunofboundBald-win’s and Michie’s superseded volumes, supplements, and pocket parts, it does have relatively full coverage.

University of Louisville Brandeis School of Law Library Belknap Campus 2301 S. Third Street Louisville, Ky. 40292 (502) 852-6392

The Brandeis law library has multiple copies of both current annotated codes, a full set of Kentucky Acts, goods runs of House and Senate Journals; and most historical statutory codes. It also has complete session laws and Michie’s archives onmicrofiche,aswellasanalmostcompleterunofboundBaldwin’s and Michie superseded volumes, supplements and pocket parts.

Salmon P. Chase College of Law Library Nunn Hall Northern Kentucky University Highland Heights, Ky. 41099-6110 (859) 572-5394

The Chase library has multiple copies of both current annotated codes; full set of Kentucky Acts, House and Senate Journals; and most historical statutory codes. Has complete session laws and Michie’sarchivesonmicrofiche.

Kentucky State Law Library 700 Capitol Avenue, Suite 200 Frankfort, Ky. 4601-3489 (502) 564-4848

TheofficiallibraryoftheKentuckySupremeCourt,theStateLawLibrary(“SLL”)has multiple copies of both current annotated codes; a full set of Kentucky Acts, House and Senate Journals; and most historical statutory codes.

3-30


Jefferson County Public Law Library 514 West Liberty Street Suite 240 Old Jail Building Louisville, Ky. 40202-2806 (502) 574-5943 http://www.jcpll.com/

TheJCPLL,locatedintheOldJailBuilding,hasagoodrunofKentuckyActs,superseded codes dating back to 1811 (including all superseded volumes of Michie’s KRS), and a copy of the Notes and Annotations.

3-31


D. [3.38] Checklist of Superseded Michie’s Bound Volumes, 1971-2015

v. 1 1973, 1988, 2002, 2014

v. 2 1971, 1980, 1985, 1992, 1996, 2003, 2013

v. 2A 1992, 1998, 2013

v. 3 1971, 1980, 1986, 1977, 2007

v. 3A 1993, 2004, 2015

v. 4 1971, 1980, 1994, 2004, 2014

v. 4A 1980, 1995, 2009

v. 5 1971, 1982, 2003

v. 5A 1982, 1993, 2004, 2015

v. 6 1971, 1982, 1991, 2001 (see 6A and 6B below)

v. 6A 2010

v.6B 2010

v. 7 1971, 1980, 1987, 1992, 1996, 2001, 2009

v. 7A 1987, 1994, 1999, 2009

v. 7B 2009

v. 8 1971, 1980, 1989, 2003

v. 8A 1989, 1997, 2009

v. 8B 1998, 2013

v. 9 1971, 1997, 1982, 1991, 1995, 1998, 2007

v. 9A 1982, 1991, 1995, 2002, 2012

v. 10 1971, 1981, 1994, 2013

v. 10A 1981, 1989, 2003, 2012

v. 11 1971, 1981, 1988, 2004, 2012

v. 11A 1988, 2001, 2011

v. 11B 2011

v. 12 1971, 1977, 1983, 1990, 1995, 2001, 2011

v. 12A 1993, 1997, 2011

3-32


v. 12B 1993, 1997, 2011

v. 13* 1971, 1987, 1996, 2002 (see 13 pt.1 and 13 pt.2 below)

v. 13pt.1 2008

v. 13pt.2 2008

v. 13A* 1972, 2002

v. 14 1971, 1984, 1999, 2015

v. 15 1971, 1992, 2005 (see 15A below)

v. 15A 2005

v. 16 1971, 1985, 1999, 2010

v. 16A 1985

v. 17 1971, 1983, 1990, 1999, 2014

v. 18 1971, 1983, 1989, 1998

* vols. 13 and 13A were labeled 13(1) and 13(2) prior to 2002

4-1

Local Legislation


4

LOCAL LEGISLATION

BEAU STEENKENUniversity of Kentucky

College of Law Lexington, Kentucky

4-2


4-3

Local Legislation

I. [4.1] Introduction .........................................................................4-5

II. [4.2] Louisville/Jefferson County Metro Government .............4-5

III. [4.3] Lexington-Fayette Urban County Government ...............4-6

IV. [4.4] Municipalities ......................................................................4-8

V. [4.5] Counties ................................................................................4-9

VI. [4.6] Appendix ............................................................................ 4-11A. [4.7] Kentucky Municipalities .......................................4-11B. [4.8] Kentucky Counties ................................................4-38

4-4


4-5

Local Legislation

I. [4.1] Introduction

Local laws in Kentucky originate from several types of legal entities. In Kentucky, both counties and municipalities generally possess local legislative ability. However, Kentucky features two locations in which county and municipal governments have fused into a single law-making entity. The City of Lexington and Fayette County merged in 1974 to form the Lexington-Fayette Urban County Government1, an “urban-county form of government.”2 Similarly, the City of Louisville and Jefferson County merged in 2003 to form the Louisville/Jefferson County Metro Government.3 Kentucky’s Constitution clearly envisions a variety of legislative actors at the local level as it exempts “the regulation by counties, cities, towns or other municipalities of their local affairs” from the general limitation of legislative power solely to the General Assembly.4

While the Constitution provides some basic definitions and limitations for both counties5 and municipalities,6 it largely leaves it to Kentucky’s General Assembly to provide for the specific methods of local legislation. Researchers can find the General Assembly’s provisions for local government codified in Title IX of the Kentucky Revised Statutes.

II. [4.2] Louisville/Jefferson County Metro Government

The City of Louisville and Jefferson County share local law-making authority in a consolidated local government governed by Chapter 67C of the Kentucky Revised Statutes.7 Prior to the consolidation, Louisville operated as Kentucky’s sole “city of the first class,” and the powers and privileges of cities of the first class passed on to the consolidated government, as did the powers of the county.8 In fact, the consolidated government enjoys the greater of the powers and the lesser of the limitations of its two predecessor entities.9 Furthermore, the General Assembly reserved the right to establish increased powers and privileges for the new consolidated government10 and mandated that the consolidated govern-ment’s powers be construed broadly.11 As such, the Louisville/Jefferson County

1 Lexington Fayette Urban County Government, Ky., Charter § 1.01 (1999).2 See KRS 67A.010.3 See Louisville/Jefferson County Metro Government, Ky., Code of Ordinances § 10.01

(2004). See also KRS 67C.101-67C.137.4 Ky. Const. § 60.5 See Ky. Const. §§ 63-65.6 See Ky. Const. §§ 156-168.7 See KRS 67C.101 - 67C.418.8 KRS 67C.101(2)(a).9 KRS 67C.101(2)(d).10 KRS 67C.101(2)(c).11 KRS 67C.101(4).

4-6


Metro Government exercises a greater amount of local legislative authority than do other local governments in Kentucky.

Amongst the powers and privileges of the Louisville/Jefferson County Metro Government is the authority to pass and enforce ordinances to protect the peace and promote the general welfare within its borders.12 Specifically, the power to legislate by ordinance rests with the Metro Council, which consists of 26 mem-bers elected by districts based on population.13 The Metro Government is headed by a mayor who, in addition to wielding the executive power to enforce the local laws, approves or vetoes ordinances passed by the Metro Council.14 However, the Metro Council may override a mayoral veto by a two-thirds majority.15 Once passed, ordinances go into effect throughout the territory within Louisville/Jef-ferson County’s borders.16

American Legal Pub. publishes the Louisville/Jefferson County Metro Government Code of Ordinances, which contains all of the ordinances currently in effect for Louisville/Jefferson County organized by topic. The Louis D. Brandeis School of Law Library at the University of Louisville maintains a print copy of the code. Researchers can also freely access an electronic copy at American Legal Pub.’s website.17 The full-text of the electronic code is searchable, and American Legal Pub. regularly updates the ordinances for currency. Thus, finding Louisville/Jefferson County Metro Government ordinances should not pose a particular prob-lem for legal researchers.

III. [4.3] Lexington-Fayette Urban County Government

The City of Lexington and Fayette County exercise local legislative and governing power as a consolidated urban-county government, Lexington-Fayette Urban County Government (“LFUCG”), as authorized by Chapter 67A of the Kentucky Revised Statutes.18 Under Kentucky law, urban-county governments exercise the “rights, powers, privileges, immunities and responsibilities of coun-ties and cities of the highest class within the county.”19 Furthermore, the General Assembly specified that urban-county governments enjoy the power to enact and

12 KRS 67C.101(3)(i).13 KRS 67C.103.14 KRS 67C.105.15 KRS 67C.103(13)(a).16 Note that there are two exceptions to the general enforceability of Metro Government

ordinances. First, an ordinance may not conflict with provisions of the Kentucky Revised Statutes. Second, smaller incorporated municipalities within the Metro Government’s jurisdiction retain some of their own legislative power and may pass their own ordinances, so long as those ordinances meet or surpass the standards set by the Metro Government ordinances. KRS 67C.103(11).

17 Louisville-Jefferson County, Kentucky, American Legal Pub., <http://www.amlegal.com/codes/client/louisville-jefferson-county_ky/> (last visited October 28, 2015).

18 See KRS 67A.010-67A.990.19 KRS 67A.060.

4-7

Local Legislation

enforce ordinances “requisite for the health, education, safety, welfare and conve-nience of the inhabitants of the county and for the effective administration of the urban-county government.”20 Thus, while this grant of legislative authority is not as broad as that given to Louisville/Jefferson County, LFUCG possesses significant local lawmaking power.

Whereas the Kentucky Revised Statutes themselves provide the mecha-nisms of local legislation for Louisville/Jefferson County, for urban-county governments the statutes contain only vague limits on the process of ordinance creation, leaving many details to be provided for by the urban-county government charter. Statutorily, urban-county ordinances must be read at two separate meetings of the urban-county’s legislative body (unless 2/3 of the legislative body vote to suspend the second reading) and are subject to a veto by the chief executive of the urban-county.21 LFUCG’s legislative body is termed the Urban County Council and consists of twelve members elected from single-member districts plus three members elected at large for a total membership of fifteen.22 LFUCG’s chief ex-ecutive is termed the Mayor.23 The mayor exercises a limited veto power,24 which must be exercised within 10 days of the deliverance of the legislation to the mayoral office.25 However, the Urban County Council may override a Mayoral veto by a 3/5 vote.26 Once passed, LFUCG ordinances become enforceable throughout the territorial limits of Fayette County.27

Municipal Code Corporation (“Municode”) publishes the Charter and Code of Ordinances: Lexington-Fayette Urban County Government, which contains all of the charter provisions and ordinances currently in effect for Lexington-Fayette Urban County organized by topic. The University of Kentucky Law Library main-tains a print copy of the code. Researchers can also freely access an electronic copy at Municode’s website.28 The full-text of both the electronic Charter and code is searchable, and Municode regularly updates the ordinances for currency. Thus, find-ing LFUCG ordinances should not pose a particular problem for legal researchers.

20 KRS 67A.070.21 Id.22 Lexington-Fayette Urban County Government, Ky., Charter § 4.01.23 Id. § 5.01.24 The Mayor may not veto revisions to the LFUCG Charter, redistricting of Council districts,

ordinances related to the internal operation of the Council, or the authorization of special investigations by the Council. Id. § 5.05.

25 Id.26 Id.27 KRS 67A.070.28 Lexington-Fayette County, Kentucky, Municode, <https://www.municode.com/library/ky/

lexington-fayette_county/codes/code_of_ordinances> (last visited October 28, 2015).

4-8


IV. [4.4] Municipalities

Prior to January 1, 2015, Kentucky law divided municipalities into six separate classes; however, the General Assembly enacted legislation greatly sim-plifying city classification during the 2014 Regular Session.29 Thus, Kentucky law now recognizes a single city of the first class, Louisville (which now exercises local legislative power with Jefferson County as a consolidated metro government as discussed above), and “home rule” cities, all other incorporated municipalities in the Commonwealth.30 The Kentucky Revised Statutes recognize three types of municipal government that may be employed by home rule cities: a mayor-council form of government, a commission plan of government, or a city manager plan of government.31

Regardless of the type of municipal government used, all home rule cit-ies possess the power to enact local ordinances.32 In the mayor-council form of government, legislative authority vests in a city council but is subject to a veto by the mayor, who exercises executive authority for the municipality.33 In the commis-sion form of government, the mayor and city commissioners together form a body called the city commission which wields all legislative, executive, and administra-tive authority for the municipality.34 The city manager plan of government works similarly to the commission plan except that administrative power is removed from the city board of commissioners and delegated to an individual hired by the board to serve as city manager.35 Section [4.7], infra, provides a list of municipalities in Kentucky and identifies which plan of government each follows.

Publication of municipal ordinances varies from municipality to munici-pality. The Kentucky Revised Statutes require municipalities to publish individual ordinances via either newspaper advertisement or direct mailing to all residents.36 Furthermore, municipalities must keep all ordinances as part of their permanent records and must provide either an index or a topically arranged code to allow citizens to find specific ordinances by topic.37 Researchers, therefore, can obtain municipal ordinances by contacting the relevant municipal government directly.

In practice, many of the municipalities in Kentucky also publish their codes of ordinances via one of the two commercial publishers of local legislation. In addition to the Louisville/Jefferson County Metro ordinances, American Legal

29 An Act Relating to Municipal classification, 2014 Ky. Acts 346 (codified at KRS 81.005 - 81.006).

30 KRS 81.005.31 Id.32 KRS 83A.060.33 KRS 83A.130.34 KRS 83A.140.35 KRS 83A.150.36 KRS 83A.060(9); KRS 424.120-424.190. 37 KRS 83A.060(8).

4-9

Local Legislation

Pub. provides codes of ordinances for the following municipalities in Kentucky:

Alexandria, Ashland, Auburn, Augusta, Bancroft, Berea, Bowl-ing Green, Cadiz, Campbellsville, Cave City, Cold Spring, Covington, Crescent Springs, Crestview Hills, Danville, Dawson Springs, Douglass Hills, Earlington, Edgewood, Elsmere, Er-langer, Flemingsburg, Florence, Fort Mitchell, Fort Thomas, Fort Wright, Fulton, Glasgow, Graymoor-Devondale, Grayson, Green Spring, Highland Heights, Hillview, Hopkinsville, Independence, La Grange, Lakeside Park, Lawrenceburg, Leitchfield, Lewis-port, Ludlow, Madisonville, Maysville, Middletown, Midway, Morehead, Mount Washington, Murray, Newport, Nicholasville, Owingsville, Paintsville, Paris, Park Hills, Pikeville, Richmond, Saint Matthews, Saint Regis Park, Shelbyville, Shively, Simpson-ville, Taylor Mill, Union, Versailles, Villa Hills, Walton, Warsaw and Wilder.38

In addition to the Lexington-Fayette Urban County ordinances, Municode provides codes of ordinances for the following municipalities in Kentucky:

Flatwoods, Henderson, Hickman, Mayfield, Owensboro, Pa-ducah, and Winchester.39

Researchers will be able to find the codes of the municipalities listed above on the website of the relevant publisher. For all other municipalities in Kentucky, however, researchers should contact the municipal government directly.

V. [4.5] Counties

In Kentucky, counties also exercise local legislative power, though in a more limited fashion than municipalities. Specifically, county ordinances must pertain to an issue identified in an enumerated list of public functions.40 All pow-ers of county government, including legislative ability, vest in a body called the fiscal court, which comprises the county judge/executive and either the justices of the peace of the county or three elected county commissioners.41 County ordi-nances may only be passed by a majority of the fiscal court.42 Once passed, county ordinances go into effect throughout the entire area of the county, except for in

38 Kentucky City Codes, AmericAn LegAL Pub., <http://www.amlegal.com/codes/ky/> (last visited October 29, 2015).

39 Municode Library: Kentucky, municode, <https://www.municode.com/library/ky> (last visited October 29, 2015).

40 KRS 67.083(3).41 KRS 67.040, 67.076, 67.080, 67.083.42 KRS 67.078.

4-10


incorporated municipalities that have adopted ordinances on the same subject matter that are as stringent as or more stringent than the county ordinance.43

While the Kentucky Revised Statutes require publication of county ordi-nances after passage, they do not require county governments to keep permanently or to index ordinances, unlike the statutory requirements for municipal ordinances.44 As such, finding county ordinances can pose a tremendous challenge to researchers. American Legal Pub. publishes and hosts on its website the codes of a handful of Kentucky counties:

Boone, Daviess, Jessamine, Kenton, Oldham, and Woodford.45

Beyond the counties covered by American Legal Pub., however, a researcher’s best bet will be to contact county officials directly. Section [4.8], infra, provides a list of Kentucky counties along with their web addresses.

43 KRS 67.093(7).44 Compare KRS 67.077 with KRS 83A.060.45 Kentucky City Codes, American Legal Pub., <http://www.amlegal.com/codes/ky/> (last

visited October 29, 2015).

4-11

Local Legislation

VI. [4.6] Appendix

A. [4.7] Kentucky MunicipalitiesM

unic

ipal

ityPl

an o

f Mun

icip

al

Gov

ernm

ent

Publ

icat

ion

of

Ord

inan

ces

Mun

icip

al G

over

nmen

t Web

site

(as o

f Oct

ober

201

5)

Ada

irvill

eM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

adai

rvill

eky.

com

/

Alb

any

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Ale

xand

riaM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

. ht

tp://

ww

w.al

exan

dria

ky.o

rg/in

dex.

php/

Alle

nC

omm

issi

onSe

lf-pu

blis

hed

–

Anc

hora

geM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

anch

orag

e.or

g/

Arli

ngto

nC

omm

issi

onSe

lf-pu

blis

hed

–

Ash

land

City

Man

ager

Am

eric

an L

egal

Pub

. ht

tp://

ww

w.as

hlan

dky.

gov/

Aub

urn

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://au

burn

ky.u

s/

Aud

ubon

Par

kM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.au

dubo

npar

kky.

org/

Aug

usta

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://au

gust

aky.

com

/

Ban

crof

tC

omm

issi

onA

mer

ican

Leg

al P

ub.

–

Bar

bour

mea

deC

omm

issi

onSe

lf-pu

blis

hed

http

://ba

rbou

rmea

de.o

rg/

Bar

bour

ville

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofba

rbou

rvill

e.co

m/

Bar

dsto

wn

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofba

rdst

own.

org/

Not

e: R

esea

rche

rs c

an a

lso

find

basi

c in

form

atio

n ab

out

inco

rpor

ated

Ken

tuck

y m

unic

ipal

ities

on

the

web

site

of

the

Ken

tuck

y Se

cret

ary

of S

tate

: <h

ttp://

apps

.sos.k

y.go

v/la

nd/c

ities

/>.

4-12


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Bar

dwel

lM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Bar

low

Com

mis

sion

Self-

publ

ishe

d–

Bea

ttyvi

lleM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.be

atty

ville

.org

/

Bea

ver D

amC

omm

issi

onSe

lf-pu

blis

hed

http

://be

aver

dam

.ky.

gov/

Bed

ford

Com

mis

sion

Self-

publ

ishe

d–

Bee

chw

ood

Vill

age

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

beec

hwoo

dvill

age.

org/

Bel

lefo

nte

Com

mis

sion

Self-

publ

ishe

dht

tp://

belle

font

e.ky

.gov

/

Bel

lem

eade

Com

mis

sion

Self-

publ

ishe

dht

tp://

belle

mea

de-k

y.go

v/

Bel

levu

eM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

belle

vuek

y.or

g/

Bel

lew

ood

Com

mis

sion

Self-

publ

ishe

dht

tp://

belle

woo

dky.

org/

Ben

ham

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

benh

amky

.org

/

Ben

ton

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofbe

nton

.org

/

Ber

eaM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

. ht

tp://

bere

aky.

gov/

Ber

ryC

omm

issi

onSe

lf-pu

blis

hed

http

://ci

tyof

berr

y.co

m/

Bla

ckey

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Bla

ine

Com

mis

sion

Self-

publ

ishe

d–

4-13

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Blo

omfie

ldM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.bl

oom

field

ky.c

om/

Blu

e R

idge

Man

orC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

blue

ridge

man

orky

.org

/mai

n/

Bon

niev

ille

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.bo

nnie

ville

.org

/

Boo

nevi

lleC

omm

issi

onSe

lf-pu

blis

hed

–

Bow

ling

Gre

enC

ity M

anag

erA

mer

ican

Leg

al P

ub.

http

s://w

ww.

bgky

.org

/

Bra

dfor

dsvi

lleC

omm

issi

onSe

lf-pu

blis

hed

http

://br

adfo

rdsv

ille.

web

s.com

/

Bra

nden

dbur

gM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.br

ande

nbur

gky.

org/

Bre

men

Com

mis

sion

Self-

publ

ishe

d–

Bria

rwoo

dC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

bria

rwoo

dky.

net/

Bro

adhe

adC

omm

issi

onSe

lf-pu

blis

hed

–

Bro

ecke

Poi

nte

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Bro

mle

yM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

brom

ley.

org/

Bro

oksv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Bro

wns

boro

Far

mC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

brow

nsbo

rofa

rm.o

rg/

Bro

wns

boro

Vill

age

Com

mis

sion

Self-

publ

ishe

d–

Bro

wns

ville

Com

mis

sion

Self-

publ

ishe

d–

4-14


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Buc

khor

nC

omm

issi

onSe

lf-pu

blis

hed

–

Bur

gin

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Bur

kesv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Bur

nsid

e M

ayor

-Cou

ncil

Self-

publ

ishe

d–

But

ler

Com

mis

sion

Self-

publ

ishe

d–

Cad

izM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

. ht

tp://

cadi

z.ky

.gov

/

Cal

houn

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Cal

iforn

iaC

omm

issi

onSe

lf-pu

blis

hed

–

Cal

vert

City

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

calv

ertc

ity.c

om/

Cam

argo

Com

mis

sion

Self-

publ

ishe

d–

Cam

brid

geC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

neig

hbor

hood

link.

com

/Cam

brid

ge_-

_C

ambr

idge

Cam

pbel

lsbu

rgM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

cam

pbel

lsbu

rg.o

rg/

Cam

pbel

lsvi

lleM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

. ht

tp://

ww

w.ca

mpb

ells

ville

.us/

Cam

pton

Com

mis

sion

Self-

publ

ishe

d–

Can

eyvi

lleC

omm

issi

onSe

lf-pu

blis

hed

–

Car

lisle

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

4-15

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Car

rollt

onM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ca

rrol

ltonk

y.ne

t/

Car

rsvi

lleC

omm

issi

onSe

lf-pu

blis

hed

–

Cat

letts

burg

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Cav

e C

ityM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

. ht

tp://

ww

w.ci

tyof

cave

city

.com

/

Cen

terto

wn

Com

mis

sion

Self-

publ

ishe

d–

Cen

tral C

ityM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Cla

rkso

nC

omm

issi

onSe

lf-pu

blis

hed

http

://vi

sitc

lark

son.

com

/

Cla

yM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

clay

ky.c

om/

Cla

y C

ity

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Clin

ton

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Clo

verp

ort

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

clov

erpo

rt.co

m/

Coal

Run

Vill

age

Com

mis

sion

Self-

publ

ishe

dht

tp://

city

ofco

alru

n.co

m/

Col

d Sp

ring

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://co

ldsp

ringk

y.co

m/

Col

dstre

amC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

cold

stre

amky

.org

/

Col

umbi

aM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

colu

mbi

aky.

com

/

Col

umbu

sM

ayor

-Cou

ncil

Self-

publ

ishe

d–

4-16


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Con

cord

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Cor

bin

City

Man

ager

Self-

publ

ishe

dht

tp://

ww

w.co

rbin

-ky.

gov/

new

site

/

Cor

inth

Com

mis

sion

Self-

publ

ishe

dht

tp://

corin

th.k

y.go

v/

Cor

ydon

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

cory

donk

entu

cky.

com

/

Cov

ingt

onC

ity M

anag

erA

mer

ican

Leg

al P

ub.

http

://w

ww.

covi

ngto

nky.

gov/

Cra

b O

rcha

rdC

omm

issi

onSe

lf-pu

blis

hed

–

Cre

eksi

deC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

cree

ksid

ecity

.com

/

Cre

scen

t Spr

ings

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

cres

cent

-spr

ings

.ky.

us/

Cre

stvi

ewC

omm

issi

onSe

lf-pu

blis

hed

–

Cre

stvi

ew H

ills

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

cres

tvie

whi

lls.c

om/

Cre

stw

ood

Com

mis

sion

Self-

publ

ishe

d–

Crit

tend

enM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Cro

fton

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

crof

tonk

y.co

m/

Cro

ssga

teC

omm

issi

onSe

lf-pu

blis

hed

http

://cr

ossg

atek

y.or

g/

Cum

berla

ndM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tps:

//city

ofcu

mbe

rland

.wor

dpre

ss.c

om/

Cyn

thia

naC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

cynt

hian

aky.

com

/

4-17

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Dan

ville

City

Man

ager

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.da

nvill

eky.

org/

Daw

son

Sprin

gsM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

daw

sons

prin

gsky

.com

/

Day

ton

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

dayt

onky

.com

/

Dix

on

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

dixo

n.ne

t/

Dou

glas

s Hill

sM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ci

tyof

doug

lass

hills

.com

/

Dov

erC

omm

issi

onSe

lf-pu

blis

hed

–

Dra

kesb

oro

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Dru

id H

ills

Com

mis

sion

Self-

publ

ishe

dht

tp://

drui

dhill

sky.

gov/

Dry

Rid

geM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

cdrk

y.or

g/go

verm

ent/c

ity-c

ounc

il/

Earli

ngto

nM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ea

rling

tong

ovci

ty.c

om/

Eddy

ville

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ed

dyvi

lleky

.org

/

Edge

woo

dM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

edge

woo

dky.

gov/

Edm

onto

nM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

city

ofed

mon

tonk

y.co

m/

Ekro

nC

omm

issi

onSe

lf-pu

blis

hed

–

Eliz

abet

htow

n M

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.el

izab

etht

ownk

y.or

g/

Elkh

orn

City

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

4-18


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Elkt

onM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

elkt

onky

.com

/

Elsm

ere

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

city

ofel

smer

e.co

m/

Emin

ence

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

emin

ence

kent

ucky

.com

/

Erla

nger

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

ci.e

rlang

er.k

y.us

/

Euba

nk

Com

mis

sion

Self-

publ

ishe

d–

Evar

tsM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ev

arts

kent

ucky

.com

/

Ewin

gC

omm

issi

onSe

lf-pu

blis

hed

–

Fairfi

eld

Com

mis

sion

Self-

publ

ishe

d–

Fairv

iew

Com

mis

sion

Self-

publ

ishe

dht

tp://

fairv

iew.

ky.g

ov/

Falm

outh

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Ferg

uson

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Finc

astle

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ne

ighb

orho

odlin

k.co

m/C

ity_O

f_Fi

ncas

tle

Flat

woo

dsM

ayor

-Cou

ncil

Mun

icod

eht

tp://

ww

w.fla

twoo

dsky

.org

/

Flem

ing-

Neo

nM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Flem

ings

burg

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

flem

ings

burg

ky.o

rg/

Flor

ence

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

flore

nce-

ky.g

ov/

4-19

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Ford

svill

eC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

ford

svill

eky.

com

/

Fore

st H

ills

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

ty-o

f-fo

rest

-hill

s.com

/

Fort

Mitc

hell

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

fortm

itche

ll.co

m/

Fort

Thom

asM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

fttho

mas

.org

/

Fort

Wrig

htM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.fo

rtwrig

ht.c

om/

Foun

tain

Run

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.fo

unta

inru

nken

tuck

y.co

m/

Fox

Cha

se

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

offo

xcha

se.o

rg/

Fran

kfor

tC

ity M

anag

erSe

lf-pu

blis

hed

http

://w

ww.

fran

kfor

t.ky.

gov/

Fran

klin

City

Man

ager

Self-

publ

ishe

dht

tp://

ww

w.fr

ankl

inky

.org

/

Fred

onia

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Fren

chbu

rgC

omm

issi

onSe

lf-pu

blis

hed

–

Fulto

nC

ity M

anag

erA

mer

ican

Leg

al P

ub.

http

://fu

lton-

ky.c

om/

Gam

alie

lC

omm

issi

onSe

lf-pu

blis

hed

–

Geo

rget

own

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ge

orge

tow

nky.

gov/

Ger

man

tow

nC

omm

issi

onSe

lf-pu

blis

hed

–

Ghe

ntC

omm

issi

onSe

lf-pu

blis

hed

–

4-20


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Gla

sgow

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

city

ofgl

asgo

w.or

g/

Gle

ncoe

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Gle

nvie

wC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

glen

view

ky.g

ov/

Gle

nvie

w H

ills

Com

mis

sion

Self-

publ

ishe

dht

tp://

glen

view

hills

ky.b

logs

pot.c

om/

Gle

nvie

w M

anor

Com

mis

sion

Self-

publ

ishe

d–

Goo

se C

reek

Com

mis

sion

Self-

publ

ishe

d–

Gos

hen

Com

mis

sion

Self-

publ

ishe

dht

tp://

city

ofgo

shen

.com

/

Gra

nd R

iver

sM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Gra

tzC

omm

issi

onSe

lf-pu

blis

hed

–

Gra

ymoo

r-Dev

onda

leM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.gr

aym

oor-d

evon

dale

.com

/

Gra

yson

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

gray

sonk

y.ne

t/

Gre

en S

prin

gC

omm

issi

onA

mer

ican

Leg

al P

ub.

http

://w

ww.

city

ofgr

eens

prin

g.co

m/h

ome.

htm

l

Gre

ensb

urg

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

gree

nsbu

rgon

line.

com

/

Gre

enup

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

gree

nupk

y.ne

t/

Gre

envi

lleM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.to

urgr

eenv

ille.

com

/inde

x.ph

p

Gut

hrie

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://gu

thrie

ky.c

om/

4-21

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Han

son

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

hans

on.c

om/

Har

din

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Har

dins

burg

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ha

rdin

sbur

g.ky

.gov

/Pag

es/d

efau

lt.as

px

Har

lan

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ci

tyof

harla

n.co

m/

Har

rods

burg

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ha

rrod

sbur

gcity

.org

/

Har

tford

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ha

rtfor

d.ky

.gov

/

Haw

esvi

lleM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ha

wes

ville

.us/

inde

x.ht

ml

Haz

ard

City

Man

ager

Self-

publ

ishe

dht

tp://

haza

rdky

.gov

/

Haz

elC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

haze

lky.

com

/

Heb

ron

Esta

tes

Com

mis

sion

Self-

publ

ishe

d–

Hen

ders

onC

ity M

anag

erM

unic

ode

http

://w

ww.

city

ofhe

nder

sonk

y.or

g/

Her

itage

Cre

ekM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.he

ritag

ecre

ek.k

y.go

v/

Hic

kman

City

Man

ager

Mun

icod

eht

tp://

hick

man

.city

of.o

rg/

Hic

kory

Hill

Com

mis

sion

Self-

publ

ishe

d–

Hig

hlan

d H

eigh

tsM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

hhky

.com

/

Hill

s and

Dal

esC

omm

issi

onSe

lf-pu

blis

hed

–

4-22


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Hill

view

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

hillv

iew

ky.o

rg/

Hin

dman

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Hod

genv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ho

dgen

ville

.ky.

gov/

Hol

low

Cre

ekC

omm

issi

onSe

lf-pu

blis

hed

–

Hol

lyvi

llaC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

holly

villa

.org

/

Hop

kins

ville

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

hopt

own.

org/

Hor

se C

ave

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

hors

ecav

eky.

com

/

Hou

ston

Acr

esC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

neig

hbor

hood

link.

com

/Hou

ston

_Acr

es

Hun

ters

Hol

low

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

hunt

ersh

ollo

w.or

g/

Hur

stbo

rne

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.hu

rstb

ourn

e.or

g/

Hur

stbo

rne A

cres

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.hu

rstb

ourn

eacr

es.o

rg/

Hus

tonv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Hyd

enC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofhy

den.

com

/

Inde

pend

ence

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

city

ofind

epen

denc

e.or

g/

Indi

an H

ills

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

indi

anhi

llsky

.org

/

Inez

Com

mis

sion

Self-

publ

ishe

dht

tp://

inez

.ky.

gov/

4-23

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Irvi

neM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Irvi

ngto

nM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

irvin

gton

.ky.

gov/

Isla

ndC

omm

issi

onSe

lf-pu

blis

hed

–

Jack

son

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Jam

esto

wn

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofja

mes

tow

nky.

com

/

Jeffe

rson

tow

nM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.je

ffers

onto

wnk

y.co

m/

Jeffe

rson

ville

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.je

ffers

onvi

lleky

.org

/

Jenk

ins

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofje

nkin

s.org

/

Junc

tion

City

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://jc

ky.u

s/

Ken

ton

Vale

Com

mis

sion

Self-

publ

ishe

d–

Kev

ilM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Kin

gsle

yC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofki

ngsl

ey.o

rg/

Kut

taw

aM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ku

ttaw

aky.

org/

La C

ente

rM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Lafa

yette

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.la

faye

tteky

.us/

wp/

La G

rang

eM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.la

gran

geky

.net

/

4-24


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Lake

side

Par

kM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ci

tyofl

akes

idep

ark.

com

/

Lake

view

Hei

ghts

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.la

kevi

ewhe

ight

sky.

us/

Lanc

aste

rM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

city

oflan

cast

erky

.com

/inde

x.ht

ml

Lang

don

Plac

eC

omm

issi

onSe

lf-pu

blis

hed

http

://la

ngdo

npla

ce.c

om/

Law

renc

ebur

gM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.la

wre

nceb

urgk

y.or

g/

Leba

non

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://le

bano

n.ky

.gov

/

Leba

non

Junc

tion

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Leitc

hfiel

dM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

leitc

hfiel

d.ky

.gov

/

Lew

isbu

rgM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Lew

ispo

rtM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.le

wis

port.

city

of.o

rg/

Lexi

ngto

nU

rban

Cou

nty

Gov

’tM

unic

ode

http

://w

ww.

lexi

ngto

nky.

gov/

Libe

rtyM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.lib

erty

kent

ucky

.org

/

Linc

olns

hire

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyofl

inco

lnsh

ire.c

om/

Live

rmor

eM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyofl

iver

mor

e.in

fo/

Livi

ngst

onC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

livin

gsto

nky.

com

/

Lond

onM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyofl

ondo

nky.

org/

4-25

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Lore

ttoC

omm

issi

onSe

lf-pu

blis

hed

–

Loui

saM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Loui

svill

eC

onso

lidat

ed L

ocal

G

ov’t

Am

eric

an L

egal

Pub

.ht

tps:

//lou

isvi

lleky

.gov

/

Loya

llM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Ludl

owM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.lu

dlow

.org

/

Lync

hM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Lynd

onM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyofl

yndo

n.or

g/

Lynn

view

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Mac

kvill

eC

omm

issi

onSe

lf-pu

blis

hed

–

Mad

ison

ville

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://m

adis

onvi

lleky

.us/

Man

ches

ter

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

wel

ovem

anch

este

r.com

/

Man

or C

reek

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

man

orcr

eek.

com

/

Mar

ion

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

mar

ionk

y.go

v/

Mar

tinM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Mar

yhill

Est

ates

Com

mis

sion

Self-

publ

ishe

d–

May

field

May

or-C

ounc

ilM

unic

ode

http

://w

ww.

city

ofm

ayfie

ld.o

rg/

4-26


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

May

svill

eC

ity M

anag

erA

mer

ican

Leg

al P

ub.

http

://w

ww.

city

ofm

aysv

ille.

com

/

McH

enry

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

McK

eeM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Mea

dow

broo

k Fa

rmC

omm

issi

onSe

lf-pu

blis

hed

–

Mea

dow

Val

eC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofm

eado

wva

le.o

rg/

Mea

dow

view

Est

ates

Com

mis

sion

Self-

publ

ishe

d–

Mel

bour

neC

omm

issi

onSe

lf-pu

blis

hed

–

Men

tor

Com

mis

sion

Self-

publ

ishe

d–

Mid

dles

boro

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

mid

dles

boro

kent

ucky

.net

/

Mid

dlet

own

Com

mis

sion

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ci

tyof

mid

dlet

ownk

y.or

g/

Mid

way

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://m

eetm

einm

idw

ay.c

om/

Mill

ersb

urg

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Milt

onC

omm

issi

onSe

lf-pu

blis

hed

http

://m

ilton

.ky.

gov/

Moc

king

bird

Val

ley

Com

mis

sion

Self-

publ

ishe

d–

Mon

tere

yM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Mon

ticel

loM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.m

ontic

ello

ky.c

om/

4-27

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Moo

rland

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ne

ighb

orho

odlin

k.co

m/M

oorla

nd

Mor

ehea

dM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

mor

ehea

d-ky

.gov

/

Mor

ganfi

eld

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Mor

gant

own

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://m

orga

ntow

n-ky

.com

/

Mor

tons

Gap

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://m

orto

nsga

p.ky

.gov

/

Mou

nt O

livet

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Mou

nt S

terli

ngM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

city

ofm

ount

ster

ling.

com

/

Mou

nt V

erno

nM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.m

tver

nonk

y.or

g/

Mou

nt W

ashi

ngto

nM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.m

twky

.org

/

Mul

drau

ghM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

mul

drau

gh.k

y.go

v/

Mun

ford

ville

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofm

unfo

rdvi

lle.c

om/

Mur

ray

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://m

urra

yky.

gov/

Mur

ray

Hill

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

mur

rayh

ill.c

om/

Neb

oC

omm

issi

onSe

lf-pu

blis

hed

http

://ci

tyof

nebo

.com

/

New

Cas

tleC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

new

cast

leky

.com

/

New

Hav

enC

omm

issi

onSe

lf-pu

blis

hed

http

://ne

wha

ven.

ky.g

ov/

4-28


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

New

port

City

Man

ager

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ne

wpo

rtky.

gov/

Nic

hola

svill

eC

omm

issi

onA

mer

ican

Leg

al P

ub.

http

://w

ww.

nich

olas

ville

.org

/

Nor

bour

ne E

stat

esC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

norb

ourn

eest

ates

.org

/

Nor

thfie

ldM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

north

field

.com

/

Nor

th M

iddl

etow

nC

omm

issi

onSe

lf-pu

blis

hed

–

Nor

tonv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Nor

woo

dC

omm

issi

onSe

lf-pu

blis

hed

–

Oak

Gro

veM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.oa

kgro

veky

.org

/

Oak

land

Com

mis

sion

Self-

publ

ishe

d–

Old

Bro

wns

boro

Pl

ace

Com

mis

sion

Self-

publ

ishe

d–

Oliv

e H

illM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ol

iveh

ill.k

y.go

v/

Orc

hard

Gra

ss H

ills

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://ci

tyof

orch

ardg

rass

.com

/

Ow

ensb

oro

City

Man

ager

Mun

icod

eht

tp://

ww

w.ow

ensb

oro.

org/

Ow

ento

nM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Ow

ings

ville

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://ci

tyof

owin

gsvi

lle.n

et/

Padu

cah

City

Man

ager

Mun

icod

eht

tp://

padu

cahk

y.go

v/pa

duca

h/

4-29

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Pain

tsvi

lleM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ci

tyof

pain

tsvi

lle.n

et/

Paris

City

Man

ager

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.pa

ris.k

y.go

v/

Park

City

Com

mis

sion

Self-

publ

ishe

dht

tp://

park

city

.ky.

gov/

Park

Hill

sM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.pa

rkhi

llsky

.net

/

Park

way

Vill

age

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.pa

rkw

ayvi

llage

ky.c

om/

Pem

brok

eC

omm

issi

onSe

lf-pu

blis

hed

–

Perr

yvill

eM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Pew

ee V

alle

yM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.pe

wee

valle

yky.

org/

Pike

ville

City

Man

ager

Am

eric

an L

egal

Pub

.ht

tp://

pike

ville

ky.g

ov/

Pine

ville

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Pion

eer V

illag

eM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

pion

eerv

illag

e.or

g/

Pipp

a Pa

sses

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Plan

tatio

nM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Plea

sure

ville

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.pl

easu

revi

lleky

.com

/

Plum

Spr

ings

Com

mis

sion

Self-

publ

ishe

d–

Popl

ar H

ills

Com

mis

sion

Self-

publ

ishe

d–

4-30


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Pow

derly

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Pres

tons

burg

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://pr

esto

nsbu

rgci

ty.o

rg/

Pres

tons

ville

Com

mis

sion

Self-

publ

ishe

d–

Prin

ceto

nM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

prin

ceto

n.ky

.gov

/

Pros

pect

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://pr

ospe

ctky

.us/

Prov

iden

ceM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Rac

elan

dM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Rad

cliff

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

radc

liff.o

rg/

Rav

enna

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Ray

wic

kC

omm

issi

onSe

lf-pu

blis

hed

–

Ric

hlaw

nC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofric

hlaw

n.co

m/

Ric

hmon

dC

ity M

anag

erA

mer

ican

Leg

al P

ub.

http

://ric

hmon

d.ky

.us/

Riv

er B

luff

Com

mis

sion

Self-

publ

ishe

d–

Riv

erw

ood

Com

mis

sion

Self-

publ

ishe

d–

Rob

ards

Com

mis

sion

Self-

publ

ishe

d–

Roc

hest

erM

ayor

-Cou

ncil

Self-

publ

ishe

d–

4-31

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Roc

kpor

tC

omm

issi

onSe

lf-pu

blis

hed

–

Rol

ling

Fiel

dsC

omm

issi

onSe

lf-pu

blis

hed

http

://ro

lling

field

sky.

org/

Rol

ling

Hill

sC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofro

lling

hills

ky.c

om/

Rus

sell

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

russ

ellk

y.ne

t/

Rus

sell

Sprin

gsM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

russ

ells

prin

gs.n

et/

Rus

sellv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

russ

ellv

illek

y.or

g/

Ryla

nd H

eigh

tsC

omm

issi

onSe

lf-pu

blis

hed

–

Sacr

amen

toC

omm

issi

onSe

lf-pu

blis

hed

–

Sadi

evill

eC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofsa

diev

ille.

com

/

Sain

t Cha

rles

Com

mis

sion

Self-

publ

ishe

d–

Sain

t Mat

thew

sM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.st

mat

thew

sky.

gov/

Sain

t Reg

is P

ark

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

stre

gisp

ark.

net/

Sale

mC

omm

issi

onSe

lf-pu

blis

hed

–

Salt

Lick

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Saly

ersv

ille

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Sand

ers

Com

mis

sion

Self-

publ

ishe

d–

4-32


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Sand

y H

ook

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Sard

isC

omm

issi

onSe

lf-pu

blis

hed

–

Scie

nce

Hill

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofsc

ienc

ehill

.com

/

Scot

tsvi

lleM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.sc

otts

ville

ky.o

rg/

Sebr

eeM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Sene

ca G

arde

nsC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofse

neca

gard

ens.c

om/

Shar

psbu

rgC

omm

issi

onSe

lf-pu

blis

hed

–

Shel

byvi

lleM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.sh

elby

ville

kent

ucky

.com

/

Shep

herd

svill

eM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

shep

herd

svill

e.ne

t/

Shiv

ely

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

shiv

elyk

y.or

g/

Silv

er G

rove

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofsi

lver

grov

eky.

com

/

Sim

pson

ville

Com

mis

sion

Am

eric

an L

egal

Pub

.ht

tp://

ww

w.ci

tyof

sim

pson

ville

ky.c

om/

Slau

ghte

rsC

omm

issi

onSe

lf-pu

blis

hed

–

Smith

field

Com

mis

sion

Self-

publ

ishe

d–

Smith

land

Com

mis

sion

Self-

publ

ishe

d–

Smith

s Gro

veC

omm

issi

onSe

lf-pu

blis

hed

http

://sm

ithsg

rove

.org

/

4-33

Local Legislation

Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Som

erse

tM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

som

erse

t.com

/

Sono

raC

omm

issi

onSe

lf-pu

blis

hed

–

Sout

h C

arro

llton

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

Sout

hgat

eM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.so

uthg

atek

y.or

g/

Sout

h Pa

rk V

iew

Com

mis

sion

Self-

publ

ishe

d–

Sout

h Sh

ore

Com

mis

sion

Self-

publ

ishe

d–

Spar

taC

omm

issi

onSe

lf-pu

blis

hed

–

Sprin

g M

illC

omm

issi

onSe

lf-pu

blis

hed

–

Sprin

g Va

lley

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.sp

ringv

alle

yky.

org/

Sprin

gfiel

dM

ayor

-Cou

ncil

Self-

publ

ishe

dht

tp://

ww

w.sp

ringfi

eldk

y.or

g/

Stam

ping

Gro

und

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://st

ampi

nggr

ound

kent

ucky

.com

/

Stan

ford

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

stan

ford

ky.o

rg/

Stan

ton

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

city

ofst

anto

nky.

com

/

Stra

thm

oor M

anor

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

stra

thm

oorm

anor

.com

/

Stra

thm

oor V

illag

eC

omm

issi

onSe

lf-pu

blis

hed

http

://ci

tyof

stra

thm

oorv

illag

e.co

m/

Stur

gis

May

or-C

ounc

ilSe

lf-pu

blis

hed

–

4-34


Mun

icip

ality

Plan

of M

unic

ipal

G

over

nmen

tPu

blic

atio

n of

O

rdin

ance

sM

unic

ipal

Gov

ernm

ent W

ebsi

te (a

s of O

ctob

er 2

015)

Syca

mor

eC

omm

issi

onSe

lf-pu

blis

hed

http

://ci

tyof

syca

mor

e.ne

t/

Tayl

or M

illC

omm

issi

onA

mer

ican

lega

l Pub

.ht

tp://

ww

w.ta

ylor

mill

ky.g

ov/

Tayl

orsv

ille

Com

mis

sion

Self-

publ

ishe

dht

tp://

tayl

orsv

ille.

ky.g

ov/

Ten

Bro

eck

Com

mis

sion

Self-

publ

ishe

d–

Thor

nhill

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.ci

tyof

thor

nhill

.org

/

Tom

pkin

svill

eM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Tren

ton

Com

mis

sion

Self-

publ

ishe

dht

tp://

ww

w.tre

nton

ky.o

rg/

Uni

onC

omm

issi

onA

mer

ican

Leg

al P

ub.

http

://w

ww.

city

ofun

ionk

y.or

g/

Uni

onto

wn

Com

mis

sion

Self-

publ

ishe

d–

Upt

onC

omm

issi

onSe

lf-pu

blis

hed

–

Vanc

ebur

gM

ayor

-Cou

ncil

Self-

publ

ishe

d–

Vers

aille

sM

ayor

-Cou

ncil

Am

eric

an L

egal

Pub

.ht

tp://

vers

aille

s.ky.

gov/

Vic

coC

omm

issi

onSe

lf-pu

blis

hed

http

://w

ww.

city

ofvi

cco.

com

/

Vill

a H

ills

May

or-C

ounc

ilA

mer

ican

Leg

al P

ub.

http

://w

ww.

villa

hills

ky.o

rg/

Vin

e G

rove

May

or-C

ounc

ilSe

lf-pu

blis

hed

http

://w

ww.

vine

grov

e.or

g/

Wal

lins C

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4-35

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4-36


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4-37

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4-38


B. [4.8] Kentucky Counties

Note: Contact information for individual County Judge/Executives can be found on the website of the Kentucky County Judge/Executive Association <http://www.kcjea.org>, and contact information for individual County Clerks can be found on the website of the Kentucky County Clerk’s Association <http://www.kentuckycountyclerks.com>.

County Website

Adair http://www.myadaircounty.com/

Allen http://www.allencountykentucky.com/

Anderson http://andersoncounty.ky.gov/

Ballard http://ballardcounty.ky.gov/

Barren http://www.barrenco-ky.com/

Bath http://bathcounty.ky.gov/

Bell http://bellcounty.ky.gov/

Boone http://www.boonecountyky.org/

Bourbon http://www.bourbonky.com/

Boyd http://www.boydcountyky.gov/

Boyle http://boyleky.com/

Bracken http://www.brackencounty.ky.gov/

Breathitt http://www.breathittcounty.ky.gov/

Breckinridge http://www.breckinridgecountyky.com/

Bullitt http://bullittcountyfc.com/

Butler http://butlercounty.ky.gov/

Caldwell http://caldwellcounty.ky.gov/

Calloway http://www.callowaycounty-ky.gov/

Campbell http://www.campbellcountyky.org/

Carlisle http://carlislecounty.ky.gov/

Carroll http://www.carrollcountygov.us/

Carter http://cartercounty.ky.gov/

Casey http://www.libertykentucky.org/

4-39

Local Legislation

County Website

Christian http://www.christiancountyky.gov/

Clark http://clarkcoky.com/

Clay http://claycounty.ky.gov/

Clinton http://clintoncounty.ky.gov/

Crittenden http://www.crittenden.clerkinfo.net/

Cumberland http://www.cumberlandcounty.ky.gov/

Daviess http://www.daviessky.org/

Edmonson http://www.edmonsoncounty.ky.gov/

Elliott http://elliottcounty.ky.gov/

Estill http://www.estillky.com/

Fayette* http://www.lexingtonky.gov/

Fleming http://flemingcountyky.us/

Floyd –

Franklin http://franklincounty.ky.gov/

Fulton http://www.fultoncounty.ky.gov/

Gallatin http://www.gallatincounty.ky.gov/

Garrard http://garrardcounty.ky.gov/

Grant http://grantcounty.ky.gov/

Graves http://gravescounty.ky.gov/

Grayson http://www.graysoncounty.ky.gov/

Green http://www.greencounty.ky.gov/

Greenup http://greenupcounty.ky.gov/

Hancock http://www.hancockky.us/

Hardin http://www.hcky.org/

Harlan http://judge-executive.harlanonline.net/

Harrison http://harrisoncountyfiscalcourt.com/

Hart http://hartcounty.ky.gov/

Henderson http://www.hendersonky.us/* Fayette County operates as an Urban County Government with the City of Lexington.

4-40


County Website

Henry http://henrycountygov.com/

Hickman http://hickmancounty.ky.gov/

Hopkins http://hopkinscounty.ky.gov/

Jackson http://www.jacksoncounty.ky.gov/

Jefferson** https://louisvilleky.gov/

Jessamine http://jessamineco.com/

Johnson http://www.johnsoncountyky.com/

Kenton http://www.kentoncounty.org/

Knott –

Knox –

Larue http://www.laruecounty.org/

Laurel –

Lawrence http://www.lawrencecounty.ky.gov/

Lee http://www.leecounty.ky.gov/

Leslie http://www.lesliecounty.ky.gov/

Letcher http://letchercounty.ky.gov/

Lewis http://lewiscounty.ky.gov/

Lincoln http://lincolnky.com/

Livingston http://www.livingstonco.ky.gov/

Logan http://logancounty.ky.gov/

Lyon http://www.lyoncounty.ky.gov/

McCracken http://www.countyclerk.mccrackencounty.ky.gov/

McCreary http://www.mccrearycounty.com/

McLean http://mcleancounty.ky.gov/

Madison http://www.madisoncountyky.us/

Magoffin http://magoffincounty.ky.gov/

Marion http://www.marioncounty.ky.gov/

Marshall http://www.marshallcounty.ky.gov/** Jefferson County Operates as a Consolidated Local Government with the City of Louisville.

4-41

Local Legislation

County Website

Martin http://www.martincounty.ky.gov/

Mason http://www.masoncountykentucky.com/

Meade http://www.meadeky.gov/

Menifee http://www.menifeecounty.ky.gov/

Mercer http://mercercounty.ky.gov/

Metcalfe http://metcalfecounty.ky.gov/

Monroe http://www.monroecounty.ky.gov/

Montgomery http://montgomerycounty.ky.gov/

Morgan http://morgancounty.ky.gov/

Muhlenberg http://www.muhlenbergcountyky.org/

Nelson http://nelsoncountyky.com/

Nicholas http://nicholascounty.ky.gov/

Ohio http://ohiocounty.ky.gov/

Oldham http://www.oldhamcounty.net/

Owen http://owencountyky.us/

Owsley –

Pendleton http://pendletoncounty.ky.gov/

Perry http://perrycounty.ky.gov/

Pike http://www.pikecountyky.gov/

Powell http://www.powellcounty.ky.gov/

Pulaski http://pcgovt.com/

Robertson http://www.robertsoncounty.ky.gov/

Rockcastle http://www.rockcastlecountyky.com/

Rowan –

Russell http://www.rckygov.com/

Scott http://scottky.com/

Shelby http://www.shelbycountykentucky.com/

Simpson http://www.simpsoncounty.us/

4-42


County Website

Spencer http://www.spencercountyky.gov/

Taylor http://www.taylorcounty.us/

Todd http://toddcounty.ky.gov/

Trigg http://triggcounty.ky.gov/

Trimble http://www.trimblecounty.ky.gov/

Union http://unioncounty.ky.gov/

Warren http://www.warrencountygov.com/

Washington http://www.washingtoncountyky.com/

Wayne http://waynecounty.ky.gov/

Webster http://www.webstercountyky.com/

Whitley http://www.whitleycountyfiscalcourt.com/

Wolfe –

Woodford http://www.woodfordcounty.ky.gov/

5-1

Legislative Process, History, and Publications


5

KENTUCKY LEGISLATIVE PROCESS, HISTORY, AND PUBLICATIONS

RYAN A. VALENTINUniversity of Kentucky


5-2


5-3


I. [5.1] Overview ..............................................................................5-5

II. [5.2] Legislative Process in Kentucky ........................................5-5

III. [5.3] Legislative History in Kentucky ........................................5-7

IV. [5.4] Legislative Publications and Other Sources .....................5-8A. [5.5] Statute: Kentucky Revised Statutes ........................5-8B. [5.6] Session Law: Kentucky Acts ..................................5-8C. [5.7] Legislative Timeline ...............................................5-9D. [5.8] Legislative Record ..................................................5-9E. [5.9] Final Legislative Record (“FLR”) ..........................5-9F. [5.10] Interim Legislative Record ....................................5-10G. [5.11] Bills and Amendments ..........................................5-10H. [5.12] Roll Call Votes ......................................................5-10I. [5.13] House Journal and Senate Journal .......................5-10J. [5.14] Legislative Research Commission ........................5-10

1. [5.15] Committee Minutes ................................5-102. [5.16] Research Reports ....................................5-113. [5.17] Information Bulletin Series ....................5-114. [5.18] Research Memoranda .............................5-115. [5.19] Research Publications.............................5-11

K. [5.20] Pure Politics .........................................................5-11L. [5.21] Kentucky Educational Television .........................5-11M. [5.22] Law and Bar Journals ...........................................5-12N. [5.23] Newspapers ...........................................................5-12

V. [5.24] Appendix ............................................................................5-13A. [5.25] Law Making Process (Formerly How

a Bill Becomes a Law) ..........................................5-13B. [5.26] Public Bill Room ..................................................5-16C. [5.27] Normal Effective Dates for Legislation

from Sessions of the Kentucky General Assembly ..............................................................5-18

D. [5.28] Tracing the History of Legislation ........................5-20E. [5.29] Legislative Research Commission

Reports ..................................................................5-23F. [5.30] Legislative Research Commission

Informational Bulletins .........................................5-32G. [5.31] Legislative Research Commission

Research Memoranda ...........................................5-36H. [5.32] Useful Contacts .....................................................5-40

5-4


5-5


I. [5.1] Overview

A common and challenging task for many is to conduct legislative his-tory research. The purpose of this chapter is to provide the researcher with an introduction to the legislative process, guidance on tracing legislative history, and orientation to common publications in Kentucky. Researchers may find the various appendices following the chapter to be especially useful as coverage includes: how a bill becomes a law; public bill room; effective dates; tracing legislative history; LRC reports; informational bulletins; research memoranda; and useful contacts.

For an in depth explanation of guiding principles and best practices for legislation consider the Legislative Research Commission’s Bill Drafting Manual. The Bill Drafting Manual is “helpful to new members of the General Assembly and those called upon to perform legislative drafting service. It is a guide to the correct form for bills and resolutions and provides information on style and constitutional limitations.”1 The manual covers bill form, style and language, specific drafting rules, additional stylistic considerations, special types of legislative drafting, reso-lution form, constitutional considerations, amendments and substitutes, preparing summaries for the legislative record, and bill production.

II. [5.2] Legislative Process in Kentucky

Prior to 2000, when the Kentucky Constitution was amended to provide for annual legislative sessions, the Kentucky General Assembly met in regular session, biennially in even-numbered years. In odd-numbered years the Generally Assembly met in organizational sessions for the purposes of electing leaders and preparing for the upcoming regular session. The Kentucky Constitution2 now directs that:

(1) The General Assembly, in odd-numbered years, shall meet in regular session for a period not to exceed a total of thirty (30) legislative days divided as follows: The General Assembly shall convene for the first part of the session on the first Tues-day after the first Monday in January in odd-numbered years for the purposes of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation. The General Assembly shall then adjourn. The General Assembly shall convene for the second part of the session on the first Tuesday in February of that year. Any legislation introduced but not enacted in the first part of the session shall be carried over into the second part of the session. In any part of the session in an odd-numbered year, no bill raising revenue or appropriating funds shall

1 Legislative Research Commission, Bill Drafting Manual i (15th ed. 2011).2 Ky. Const. § 36.

5-6


become law unless it shall be agreed to by three-fifths of all the members elected to each House.

(2) The General Assembly shall then adjourn until the first Tuesday after the first Monday in January of the following even-numbered years, at which time the General Assembly shall convene in regular session.

(3) All sessions shall be held at the seat of government, except in case of war, insurrection or pestilence, when it may, by proclamation of the Governor, assemble, for the time being, elsewhere.

Additionally, under the Kentucky Constitution, the Governor may “on extraordinary occasions, convene the General Assembly…by proclamation, stating the subjects to be considered, and no others shall be considered.”3

Members of the General Assembly may pre-file bills for consideration at the next meeting of the legislature any time the legislature is not in session.4 Any legislation introduced but not enacted in the first part of the session shall be carried over into the second part of the session.5

To be considered for passage, any bill, whether introduced during a legis-lative session or pre-filed, must be reported by a committee and then be subject to three readings in the relevant body.6 The Kentucky Constitution also describes the procedure for a final reading of a bill by each house of the legislature and requires the presiding officer of each of the houses to sign the final bill in open session.7 The Clerk of the last house to pass the bill is directed to present the bill to the governor for signature and approval.8

Tracking a bill as it progresses through the legislative process is possible through print and online versions of the Legislative Record. The Legislative Re-cord is published daily during the legislative session and in a final version at the end of the session. It contains summaries of all actions taken by the legislature on each bill. The Daily and Final Legislative Record is available at many Kentucky libraries and by subscription directly from the LRC. Copies of bills are available both online and in printed version. At the conclusion of the legislative session, the LRC publishes the laws passed that session in the Kentucky Acts.

3 Ky. Const. § 80.4 KRS 6.245.5 Ky. Const. § 36.6 Ky. Const. § 46.7 Ky. Const. § 56.8 Ky. Const. § 56.

5-7


Bill Watch9 is a free service enabling registered users unlimited tracking of legislation during the Kentucky Legislative Session. Registered users of Bill Watch can:

• Create profiles that organize bills by subject or topical area using search parameters (keywords, sponsors, committees, subject, or bill number).

• Receive email notification to registered email accounts when new bills are offered or changed (from Agenda to Committee to Interim actions).

• Search and view online the common title, sponsor(s), com-mittee assignment, and most recent action on a bill.

• View online bill summary, amendments, history and full text details, committee assignment, and most recent action.

III. [5.3] Legislative History in Kentucky

A legislative history is a collection of documents created by Congress or a state legislature during the process leading up to the enactment of a law. Legisla-tive history provides evidence that members of the legislative body were aware of particular issues and facts when passing legislation. Such documents often include comments and recommendations of committees and individual members of the legislative body. When the intent of a statute is unclear, compiling a legislative history can help determine the intent of the legislators when a particular law was created. When a question arises concerning the applicability or interpretation of a statute, a legislative history can be consulted to better understand the reasons for the enactment of that statute.

Opinions differ as to the deference information derived from legislative histories should receive, especially by courts attempting to discern the legislative intent behind specific enactments. With the exception of technical words and phrases, all bills “shall be written in nontechnical language and in a clear and coherent manner using words with common and everyday meanings”10 and stat-utes are “intended to speak for themselves”.11 For more information on statutory construction, please see Chapter 446 of the Kentucky Revised Statutes.

Conducting legislative history research, whether at the federal or state level, is challenging. Those familiar with compiling a legislative history for federal law will be either distressed or relieved when faced with the task of compiling a legislative history for Kentucky law. Where federal legislative history material may

9 More information about Bill Watch is available at: <http://kentucky.gov/services/pages/billwatch.aspx>.

10 KRS 446.015.11 KRS 446.130.

5-8


be comprised of hundreds of documents and thousands of pages, Kentucky legisla-tive history is quite the opposite. Due to a lack of published and readily available materials, compiling a voluminous legislative history for a Kentucky statute is uncommon.12 However, this general lack of material should not be interpreted as a lack of any material whatsoever.

IV. [5.4] Legislative Publications and Other Sources

Researchers may find it useful to become familiar with the variety of pub-lications they may encounter when compiling a legislative history. The following provides a list of sources, descriptions, and potential uses in the order typically encountered along the legislative history research path. These sources may be located at Kentucky law library, the Legislative Research Commission (“LRC”), or constructed by the researcher, e.g., legislative timeline.

A. [5.5] Statute: Kentucky Revised Statutes

Typically, researching legislative history in Kentucky will start with a statute. Statutes are compiled in the Kentucky Revised Statutes (“KRS”). It is important to note that Kentucky statutes are available in a variety of formats: elec-tronic or print; official or unofficial; annotated or un-annotated. It may be useful to compare changes in statutory language as codified in the KRS over time. Changes in language or placement with a code may signal the implied intent of the legisla-tors. It is often useful to compare the Baldwin’s (West) and Michie’s (Lexis) KRS versions as the annotations are often different and very helpful.

B. [5.6] Session Law: Kentucky Acts

Another method of examining changes to legislation over time is by re-viewing session laws. The session laws in Kentucky are called Kentucky Acts. The Kentucky Acts contain the final session laws of the General Assembly and have been in continuous publication since the first meeting of the legislature in 1792. Early print editions are rare. Most Kentucky law libraries have print sets of the Kentucky Acts starting in the first decade of the nineteenth century in addition to microfiche collections beginning with 1792. At the end of each statutory provision is the history. The history is a record of when a statute was enacted and how, if applicable, a statute has changed over time by passage of an Act. Once the history is located, changes can be tracked through amendments. An entry will include a year, chapter, section, and effective dates.

Each successive citation to the Kentucky Acts listed in the history indicates an amendment. Changes are easy to identify when examining an Act due to the

12 A step-by-step process for compiling a Kentucky legislative history is provided in Section [5.28] of this chapter.

5-9


type style. Three type styles are present: regular, italic, and strikethrough. Regular style type indicates no change to language. Italic style type indicates new language. Strikethrough style type indicates deletion of language.

Additional benefits of looking at Kentucky Acts include the preamble and the context. If an Act has a preamble, its legislative purpose may be explained therein providing further insight into legislative intent. Examining the pre-codification ver-sion of your law may provide context not evident from its placement in the KRS which is often lost through the codification process. Valuable information may be gleaned at the law preceding and following your law. This may be particularly true when examining the first appearance of the law in the Acts.

C. [5.7] Legislative Timeline

Tracking legislation from its introduction to passage is helpful in compil-ing a legislative history. Take note of the bill number listed in the Kentucky Acts establishing or modifying the statute and the date. Using the bill number a researcher may then track the course of a bill on its way to passage. Why go through all of this work? By examining the language added and deleted by bills, the researcher may be able to clear up any ambiguity in the statutory language.13 Constructing a legislative timeline of the bill with the names, dates, and other detailed information about the legislation will also assist in performing the next steps in research which include contacting the LRC and reviewing publications.

D. [5.8] Legislative Record

The Legislative Record is a tabloid newspaper reporting the daily status of all bills and resolutions when the General Assembly is in session. Final execu-tive action on each bill is also recorded. The Legislative Record is published by the LRC, and available in print at many public and academic libraries. It is also available online through the LRC back to the 1986 Regular Session.

E. [5.9] Final Legislative Record (“FLR”)

The FLR is the final issue of a tabloid newspaper published by the LRC which summarizes and indexes all legislation enacted during the session. The final issue is printed at end of legislative session. It is published by the LRC, and is available in print at many public and academic libraries. It is also searchable online through the LRC back to 1986 Regular Session.

13 See KRS 446.145 which sets out typographical conventions for indicating amendments to statutory sections.

5-10


F. [5.10] Interim Legislative Record

The Interim Legislative Record is published monthly between sessions and provides information about the Legislative Research Commission and interim committees. It is available from the LRC and online through the LRC back to 2008.

G. [5.11] Bills and Amendments

Bills and Amendments contains a complete set of bills and resolutions for a session, and is also available from the LRC.

H. [5.12] Roll Call Votes

Roll Call Votes contains a record of votes by chamber for a session. It is available in the last House and Senate Journal volume of each session year.

I. [5.13] House Journal and Senate Journal

House Journal and Senate Journal contain the minutes of the day-to-day activities of those bodies, noting the reading of bills, assignments of bills to com-mittee, votes, and texts of bills and amendments. Journals do not contain transcripts of debates. The early versions are rare and most law libraries have sets dating back to the second decade of the nineteenth century. They are available in print at many public and academic libraries.

J. [5.14] Legislative Research Commission

The Legislative Research Commission (“LRC”) was established in 1948 as a fact-finding and service body for the Kentucky General Assembly. The LRC is administered by a full-time LRC director who presides over a staff of researchers, fiscal analysts, attorneys, computer operators, librarians, secretaries, and others who provide expert services to legislators. The LRC is a valuable resource to be aware of when compiling a legislative history because the LRC issues publications that may provide insight into legislative intent.

1. [5.15] Committee Minutes

Once armed with detailed information of legislative activity, a researcher should contact the LRC library and inquire about whether committee minutes were taped during the session. If minutes were recorded and available, the researcher should inquire about obtaining a copy. If not recorded, one could ask if summary minutes are available. Audio recordings began in 1978 and have increased over time.

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2. [5.16] Research Reports

Research reports are documents that include a literature search, a compila-tion and analysis of data, and a set of recommendations.

3. [5.17] Information Bulletin Series

Information bulletins consist of a compilation of information on a topic, usually without significant analysis or recommendations and include titles such as Issues Confronting the General Assembly and Final Reports of the Interim Joint, Special, and Statutory Committees.

4. [5.18] Research Memoranda

Research memoranda are not as comprehensive as research reports and often consist primarily of the work of a committee or a task force and report of its findings and recommendations.

5. [5.19] Research Publications

Last published in 1959, Research Publications are studies conducted by the LRC, sometimes in cooperation with other entities, at the request of state gov-ernment. For example, the first Research Publication requested by then Governor Clements, was a study of assessment conducted by the LRC and the Department of Revenue. The last research publication in 1959 resulted from a Senate Resolution directing the LRC to investigate and study the Model State Banking Code prepared by the American Bar Association.

K. [5.20] Pure Politics

Pure Politics is a television program featuring political analysis and news, as well as interviews with officials, candidates, policy makers, and politi-cal observers. Many politicians, including key players, appear on this program to discuss issues and legislation.

L. [5.21] Kentucky Educational Television

Kentucky Educational Television (“KET”) provides extensive coverage of current and archived General Assembly activity. The archive currently goes back to the 2001 Regular Session. For a full list of recordings one can visit the Legislative Coverage section of <www.KET.org>. Video tapes are made of the floor session by KET beginning with the 1992 regular session and may be viewed at the LRC library or purchased.

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M. [5.22] Law and Bar Journals

Another good source to consult when looking into legislative history are law journals, particularly regional journals. Articles in the Kentucky Law Journal, Northern Kentucky Law Review, Louisville Law Review, and Kentucky Bench & Bar (produced by the Kentucky Bar Association) may discuss proposed, recently enacted, and past legislation. Such articles may even include a compiled legislative history. For better search results, one should use keywords related to the subject matter and consider including KRS and KY Acts citations.

N. [5.23] Newspapers

Searching newspaper coverage for General Assembly activities can also be a valuable resource for gaining insight into particular legislation. The Lexington Herald-Leader and the Louisville Courier-Journal in addition to smaller regional publications often contain articles about proposed and enacted legislation. For better search results, one should use keywords related to the subject mater and consider including bill sponsor names and specific date ranges.

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V. [5.24] Appendix

A. [5.25] Law Making Process (Formerly How a Bill Becomes a Law)

Source: <http://www.lrc.ky.gov/legproc/how_law.htm> (last visited October 2015).

HOW A BILL BECOMES A LAW

Introduction and Committee Referral:

• A bill may be introduced in the House or Senate.• Each bill is assigned a number, read by title and sponsor,

and referred to a standing committee by the Committee on Committees.

Committee Consideration:

• Committee meetings are open to the public.• When there is sufficient interest in a subject, a public hear-

ing is held.• A bill may be reported out of committee with one of the

following reports: favorable, favorable with amendments, favorable with committee substitute, unfavorable, or without opinion.

• A committee can kill a bill by failing to act on it.First Reading:

• When a committee reports a bill favorably, the bill is given its first reading and is placed in the Calendar for the fol-lowing day.

• If a committee reports a bill unfavorably or without opinion, the bill is less likely to go any further.

Second Reading and then to Rules:

• The bill is read by title a second time and sent to the Rules Committee.

• The Rules Committee may recommit the bill or place it on Orders of the Day for a specific day.

Third Reading and Passage:

• “I move that House Bill 100 be taken from the Orders of the Day, read for the third time by title only, and placed upon its passage.” This motion, usually by the majority floor leader, is adopted by voice vote, and the floor is open for debate.

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• Following debate and amendments, a final vote on the bill is taken.

• To pass, a bill must be approved by at least two-fifths of the members of the chamber (40 representatives or 16 senators) and a majority of the members present and voting.

• If the bill contains an appropriation of funds or an emergency clause, it must be approved by a majority of the members elected to each house (51 representatives and 20 senators).

• Proposed amendments to the Kentucky Constitution require a three-fifths vote of each chamber (60 representatives and 23 senators).

What happens next?

• If a bill is defeated, another vote is not likely unless two members who voted against it request its reconsideration, and a majority approves.

• If a bill passes in one house, it is sent to the other chamber, where it follows much the same procedure.

• Both houses must agree on the final form of each bill.• If either house fails to concur in amendments, the differences

may be reconciled by a “conference committee” of senators and representatives.

• Changes agreed to by this conference committee are subject to approval by both houses.

Enrollment

• After passage by both houses, a bill is read carefully to make sure the final wording is correct.

• The bill is signed by the presiding officer of each house and sent to the Governor.

Governor’s Action

• The Governor may sign a bill, permit it to become law without signature, or veto it.

• The Governor has 10 days (excluding Sundays) to act on a bill after it is received.

• The bill may be passed over the Governor’s veto by a major-ity of the members of both houses.

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Becoming Law

• The Constitution specifies that an act becomes law 90 days after the General Assembly adjourns, unless it contains a later effective date or an emergency clause.

• The fastest a bill can pass through both houses of the leg-islature is five days, the minimum time required for three readings in each house. Most bills take longer to complete the process, however.

NOTE: It is possible for a bill to complete the legislative process in four days through the use of companion bills. Companion bills are identical bills introduced at the same time in both houses. After a bill passes one house and is in the Calendar of the other house, it is substituted for the identical bill in the other house, placing it in the Orders of the Day for its third reading. Few companion bills are introduced during a legislative session.

Resolutions

Resolutions are expressions of the opinion, sentiment, or will of the General Assembly. They need not meet the requirements for passage prescribed by the Constitution, unless they have the force and effect of law, in which case they are treated as bills in all respects. The Constitution requires that all resolutions requiring a vote of both houses, except those on a question of adjournment or constitutional amendment, must be sent to the Governor for approval or veto (Const. sec. 89, 256).

Sec. 501- Bill Drafting Manual.

The legislature may choose to pass a simple, concurrent, or joint resolu-tion instead of a bill.

• Simple resolutions require action by only one house. They are used to handle procedure, organization, or to express the sense of the chamber on a particular matter. Frequently, the House or Senate passes a simple resolution to adjourn in honor or memory of an individual. Sec. 502 - Bill Draft-ing Manual.

• Concurrent resolutions adopted by both houses are used to mandate legislative studies and send messages to other branches of government. They are sent to the Governor, but do not have the force of law. Sec. 503 - Bill Drafting Manual.

• Joint resolutions are used to ratify amendments to the U.S. Constitution, to direct an executive branch agency to conduct a study, or to enact a temporary law. Joint resolutions have the force of law, must pass both chambers, be sent to the

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Governor, and filed with the Secretary of State. Sec. 504 - Bill Drafting Manual.

Bill Drafting Manual: <http://www.lrc.ky.gov/lrcpubs/ib117.pdf>

Senate Rules of Procedure: <http://www.lrc.ky.gov/senate/senrules15.pdf>

House Rules of Procedure: <http://www.lrc.ky.gov/house/hserules15.pdf>

B. [5.26] Public Bill Room

Source: <http://www.lrc.ky.gov/public%20services/billroom.htm> (last visited October 2015).

Public Bill Room Room 85, State Capitol Frankfort, Ky. 40601 502-564-8100

PRINTED BILLS AND AMENDMENTS

Bills of the General Assembly

A bill is printed for distribution at three stages, depending on how far it moves through the legislative process:

• Bills as Introduced. After a bill is filed with the clerk of the House of Representatives or the Senate, and then read in the chamber of its sponsor, it is considered introduced, and ordered to be printed.

• General Assembly (“GA”). The second copy of a bill is printed only after a bill has been adopted (passed) by the chamber in which it originated. This copy contains any changes, in the form of amendments, which were adopted on the floor of the originating chamber. The GA copy is then forwarded to the opposite chamber for its consideration.

• Enacted Bills. Final version of a bill that has passed both chambers of the General Assembly and been amended in the opposite chamber or by a conference committee, and en-rolled by both chambers, may be printed in its enacted form.

Amendments

Three types of amendments are printed:

• Committee Amendments. Changes to a bill proposed by the committee assigned to review it are called Committee Amendments. When several changes are adopted the bill may be rewritten as a Committee Substitute. (Committee Substitutes supersede bills and are included in the purchase

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price of all bills available by pickup. All other amendments are sold separately.)

• Floor Amendments. Changes to a bill proposed by a member when the bill is under consideration by the full membership are called Floor Amendments.

• Conference Committee Reports reflect changes agreed to by selected members of both chambers to reconcile differ-ences in the same bill resulting from adoption of difference amendments by each chamber.

SUBSCRIPTION SERVICE

During each session of the Kentucky General Assembly the Legislative Research Commission (“LRC”) offers pickup or mail subscription service for session-related printed materials.

Session related printed materials include:

• Bills and Resolutions of the General Assembly• Amendments to Bills• Roll Call Votes on Bills, Resolutions, Amendments• Daily Legislative Record (newspaper summaries of legisla-

tive action)• Friday Legislative Record (newspaper summaries of leg-

islative action)Prices quoted below are for even and odd year sessions. Prices for Special Ses-sions vary, depending on the length of the session and number of bills introduced.

Note: All prices quoted below are subject to 6% Kentucky sales tax.

SUBSCRIBER AND INDIVIDUAL PURCHASING SERVICES

Subscribers get all bills, resolutions, and the Legislative Record at one location on a daily basis throughout a session.

Individual copies of bills, resolutions, amendments, roll call votes, and the Legislative Record may be purchased.

All session related printed materials may be picked up or purchased at the Public Bill Room sales counter from 8:00 a.m. to 4:30 p.m. Monday through Friday, or up to 30 minutes after adjournment each day during a session.

Cost of Subscriber Pickup Service

All bills and resolutions

• $630 in even year session• $425 in odd year session

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Daily Legislative Record

• $165 in even year session• $82.50 in odd year session

Cost of Individual Bills, Resolutions, Amendments, Roll Call Votes, and Leg-islative Record for Pickup

Individual Bills $0.05 / page Resolutions $0.05 / page Amendments $0.05 / page Roll Call Votes $0.15 / page Legislative Record $2.75 / copy

Note: Individual copies of bills, resolutions, amendments, roll call votes and the Legislative Record can also be ordered by phone for first class mailing. The mini-mum cost for mailing is $1.00.

MAIL SUBSCRIPTION SERVICE

The Legislate Record is mailed to subscribers, the same day, first class postage paid.

Cost of Legislative Record by mail subscription

Daily Legislative Record

• $165 plus postage in even year session• $82.50 plus postage in odd year session

Friday Legislative Record

• $38.50 plus postage in even year session• $30.25 plus postage in odd year session

Individual Legislative Record

• $2.75 plus postage in even year session• $2.75 plus postage in odd year session

C. [5.27] Normal Effective Dates for Legislation from Sessions of the Kentucky General Assembly

Source: <http://www.lrc.ky.gov/statrev/effdates.htm> (last visited October 2015).

NORMAL EFFECTIVE DATES

Section 55 of the Kentucky Constitution provides that “[n]o act, except general appropriation bills, shall become a law until ninety days after the adjourn-ment of the session at which it was passed, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the

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General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.”

Below, the effective date for legislation (other than appropriation bills) that does not contain an emergency or special effective date is set out for each legislative session from 1970. The source of this data is also given. “OAG” stands for a formal opinion of the Attorney General of the Commonwealth of Kentucky.

Many of the OAG opinions below are available, free of charge, online through the LRC website as downloadable PDFs. If the OAG opinion is hyper-linked, it is available for download. If an OAG opinion does not have a hyperlink it may be requested from the Office of the Attorney General of the Commonwealth of Kentucky. OAG opinions not available online may also be available in print at a Kentucky law library.

Although some Acts of the Kentucky General Assembly are available on-line through the LRC, most are not currently available form the LRC online. Where “Foreword of Acts volume” is noted, a researcher may want to contact the LRC or a Kentucky law library where complete sets of the Kentucky Acts are located.

Note: In years when only one extraordinary session was called, it is still referred to as “first”.

Session Effective Date

2015 Regular Session June 24, 2015, per OAG 15-008 2014 Regular Session July 15, 2014, per OAG 14-001 2013 Regular Session June 25, 2013, per OAG 13-005 2012 First Extraordinary Session July 20, 2012, per OAG 12-007 2012 Regular Session July 12, 2012, per OAG 12-006 2011 Regular Session June 8, 2011, per OAG 11-002 2010 First Extraordinary Session August 28, 2010, per OAG 10-004 2010 Regular Session July 15, 2010, per OAG 10-002

2009 Regular Session June 25, 2009, per OAG 09-003 2008 Regular Session July 15, 2008, per OAG 08-001 2007 Second Extraordinary Session Act had emergency clause. 2007 Regular Session June 26, 2007, per OAG 07-002 2006 First Extraordinary Session All Acts had emergency clauses. 2006 Regular Session July 12, 2006, per OAG 06-001 2005 Regular Session June 20, 2005, per OAG 05-004 2004 First Extraordinary Session Act had emergency clause. 2004 Regular Session July 13, 2004 per OAG 04-002 2003 Regular Session June 24, 2003, per OAG 03-002 2002 Regular Session July 15, 2002, per OAG 02-3 2001 Regular Session June 21, 2001, per OAG 01-4 2000 Regular Session July 14, 2000, per OAG 00-4

http://ag.ky.gov/civil/opinions/pages/2015.aspx


















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1998 Regular Session July 15, 1998, per OAG 96-19 1997 First Extraordinary Session August 29, 1997, per OAG 97-23 1996 First Extraordinary Session All Acts had emergency clauses. 1996 Regular Session July 15, 1996, per OAG 96-19 1995 Third Extraordinary Session November 3, 1995, per OAG 95-32 1995 Second Extraordinary Session April 28, 1995, per OAG 95-8 1995 First Extraordinary Session April 7, 1995, per OAG 95-8 1994 Second Extraordinary Session December 26, 1994, per OAG 95-8 1994 First Extraordinary Session September 21, 1994, per OAG 95-8 1994 Regular Session July 15, 1994, per OAG 94-30 1993 First Extraordinary Session May 18, 1993, per OAG 93-25 1992 Regular Session July 14, 1992, per OAG 92-72 1991 First Extraordinary Session May 24, 1991, per OAG 91-38 1990 Regular Session July 13, 1990, per OAG 89-56

1988 First Extraordinary Session March 15, 1989, per OAG 89-1 1988 Regular Session July 15, 1988, per OAG 88-21 1987 First Extraordinary Session January 21, 1988, per OAG 87-74 1986 Regular Session July 15, 1986, per OAG 86-6 1985 First Extraordinary Session October 18, 1985, per OAG 85-113 1984 Regular Session July 13, 1984, per OAG 84-164 1982 Regular Session July 15, 1982, per OAG 82-308 and 82-15 1980 Regular Session July 15, 1980, per OAG 80-44

1979 First Extraordinary Session May 12, 1979, per Foreword of Acts volume 1978 Regular Session June 17, 1978, per Foreword of Acts volume 1976 First Extraordinary Session March 19, 1977, per Foreword of Acts volume 1976 Regular Session June 19, 1976, per Foreword of Acts volume 1974 Regular Session June 21, 1974, per Foreword of Acts volume 1972 Regular Session June 16, 1972, per OAG 72-195 1970 Regular Session June 18, 1970, per OAG 70-145

D. [5.28] Tracing the History of Legislation

Source: <http://www.lrc.ky.gov/legproc/history.htm> (last visited October 2015).

The step-by-step process below builds on the basic framework provided by the Legislative Research Commission (“LRC”) for tracing the history of legislation in Kentucky. However, it has been modified, expanded, and otherwise annotated beyond its original form with the intent of improving the likelihood a researcher may discover legislative intent and thereby improve the research experience. Although











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much of the language below describes the process using print material, the same may be readily accomplished using electronic resources as well.

Please note the recommendation to consult resources (newspapers, televi-sion programs, etc.) outside of the strict purview of traditional legislative history materials is to provide the researcher with additional context not to suggest a court will recognize such sources. The degree to which a court will consider and apply traditional legislative history materials, let alone non-traditional, is at best uncertain. Only where a statute is ambiguous will a court “resort to extrinsic aids such as the statute’s legislative history; the canons of construction; or, especially in the case of model or uniform statutes, interpretations by other courts.”14

TRACING LEGISLATIVE HISTORY

Step 1: A legislative history should begin with a Kentucky Revised Statute “(KRS”).

KRS 2.084 State dRinK. MilK iS naMed and deSignated aS the official State dRinK of KentucKy. effective: June 20, 2005 hiStoRy: cReated 2005 Ky. actS ch. 36, Sec. 1, effective June 20, 2005.

Two companies, West and Lexis, each publish Kentucky Revised Statutes. Either set may be used for tracing legislative history, however, it is often useful to compare the Baldwin’s (West) and the Michie’s (Lexis) KRS versions as the annotations are often different and very useful.

Make note of all cross references. Law review articles are often particu-larly helpful.

aRticle: MilK and otheR intoxicating choiceS: official State SyMbol adoption, 41 n. Ky. l. Rev. 1 (2014).

Step 2: Go to the history portion at the end of the statute and find the Kentucky Acts chapter and year. The history portion will tell you when your statute was originally enacted, amended, and effective. Make note of the information found in the history section. This information will be needed to locate entries in the Kentucky Acts.

hiStoRy: cReated 2005 Ky. actS ch. 36, Sec. 1, effective June 20, 2005.

Step 3: Select the volume of Kentucky Acts with the year and chapter indicated on the spine.

2005 [YEAR] 36 [CHAPTER] 1 [SECTION]

14 Shawnee Telecom Resources, Inc. v. Brown, 354 S.W.3d 542, 551 (Ky. 2011).

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Locate and note the Senate or House bill number at the chapter heading.

(SB 93)

Step 4: Using the Final Legislative Record (FLR) locate the bill in Bill Summaries to find where and when the bill passed through the General Assembly. Pay particular attention to the legislative committee(s) to which the bill was assigned.

Feb 2 – introduced in Senate Feb 7 – to Agriculture and Natural Resources (S) Feb 17 – reported favorably, 1st reading, to Consent Calendar Feb 18 – 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Tuesday, February 22, 2005 Feb 22 – 3rd reading, passed 37-0; received in House Feb 24 – to Agriculture and Small Business (H); posting waived Feb 25 – reported favorably, 1st reading, to Calendar Feb 28 – 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Tuesday, March 1, 2005 Mar 1 – 3rd reading, passed 88-5; received in Senate; enrolled, signed by President of the Senate Mar 2 – enrolled, signed by Speaker of the House; delivered to Governor Mar 8 – signed by Governor (Acts ch. 36)

If the FLR is unavailable, committee action can still be identified. House and Senate Journals can be used to track action on the bill. Use the appropriate Journal and gather all volumes for the corresponding year.

If the bill is SB for 2005, gather all volumes of Senate Journal 2005.

The last volume of the applicable Journal set will contain a chart in an appendix showing when a bill was introduced, referred, reported, read, amended, voted on, and enrolled in addition to other floor actions. Each action references a specific page number in the corresponding volume.

Step 5: Contact the Legislative Research Commission library to see if the committee minutes were taped during the session.

LRC: (502) 564-8100

Bill No. Intro-duced

Re-ferred

Re-ported

Readings 1st 2nd 3rd

Sub or Amend Voting*

Senate Mes-sage

Concur Activi-

ties

Enrolled (Del. To

Gov.)

Other Action

SB 93 1011 1569 2069 2069 2089 2325 2325 2962 2963 (3024) 2097

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Senate and House committee hearing audio tapes are made at the discre-tion of the committee chair. These tapes are not transcribed. Audio tapes may be copied for $5.00 each or you may listen to them in the library.

Step 6: If the committee meeting was not taped, the summary minutes of the committee hearings may be useful.

Committee minutes may reflect the names of people who discussed a bill and the votes taken on the bill.

Summary minutes of committee hearings are available in the Legislative Research Commission library.

Step 7: Search for your subject matter through televised coverage of interviews with legislators (Pure Politics) and floor sessions of the General Assembly (KET).

Pure Politics features political news, analysis, interviews with officials, candidates, policy makers, and political observers. Transcripts and video tapes are not currently (as of 2015) available for purchase.

Video tapes are made of the floor sessions by Kentucky Educational Televi-sion (“KET”). Video tapes, beginning with the 1992 regular session, may be viewed in the Legislative Research Commission library, or purchased for $10.00 per tape.

Step 8: Search for articles covering your statute or subject matter in academic and professional journals. The Kentucky Law Journal, The Kentucky Journal of Equine, Agriculture, & Natural Resources Law, Northern Kentucky Law Review, Louisville Law Review, and the Kentucky Bar Association’s Kentucky Bench & Bar can provide a wealth of information regarding particular legislation.

Step 9: Kentucky newspapers often cover the General Assembly and track the passage of legislation. Many Kentucky libraries offer extensive access to major Kentucky newspapers including the Louisville Examiner and Lexington Herald-Leader. Many regional, obscure, and historic titles are also available.

Step 10: Consider contacting the bill sponsor. Kentucky legislators interested and willing to discuss the background of specific legislation can provide unique insight and lead to additional sources.

E. [5.29] Legislative Research Commission Reports

Source: <http://www.lrc.ky.gov/lrcpubs/research_reports.htm> (last visited Oc-tober 2015).

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LRC Publication Office Room 83, State Capitol 700 Capitol Avenue Frankfort, Ky. 40601 [email protected]

LRC RESEARCH REPORTS

Research reports are documents that include a literature search, a compila-tion and analysis of data, and a set of recommendations.

Many research reports, even out of print reports, are available, free of charge, online through the LRC website as downloadable PDFs. If the report is hyperlinked, it is available for download. If a report does not have a hyperlink it may be requested from the LRC. Reports not available online may also be available in print at a Kentucky law library.

Reports may be sorted and located by report number, specific committee, or title. To search report titles by keyword, use CTRL+F (Windows, Linux, and Chrome OS) or Command+F (Mac).

In Print Research Reports

411 Local Defined-Benefit Plans In Kentucky410 A Look Inside Kentucky’s College And Career Readiness Data409 Education Revenue, Expenditures, and Staffing Over 10 Years408 Kentucky District Data Profiles School Year 2013407 Atlas of K-12 Education Data School Year 2013406 The Kentucky Thoroughbred Breeding Industry and State Programs that

Assist the Equine Industry405 How School Construction Could Affect Employment in Kentucky404 Medicaid Management and Program Integrity: Update on Recommendations

from Three Program Review Reports403 Transparency and Accountability of Quasi-Governmental Entities (2011)402 Test Familiarity and Performance: Comparing Scores on Kentucky Core

Content Tests and Unfamiliar Tests401 The Impact of Industrial Revenue Bonds on Property Taxes and School

Funding400 Compendium of State Education Rankings 2013399 Kentucky School District Superintendent Employment and Contracts398 Performance-Based Credit in Kentucky395 Tracking Teacher Shortages: Trends and Continuing Questions

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394 Kentucky’s Boards, Commissions, and Similar Entities393 Appropriate Identification and Service of Students with Disabilities: Special

Education Eligibility, Funding, and Personnel Training (2011)392 Kentucky District Data Profiles School Year 2011391 Highly Skilled Educator Program Follow-up Report390 Air Service at Kentucky’s Commercial Airports389 2011 School Finance Report388 Reporting Total Revenue: On-behalf Payments and Local Activity Funds387 Compendium of State Education Rankings 2011386 A Study of the Kentucky Educational Excellence Scholarship382 Kentucky District Data Profiles School Year 2010373 Cost of Incarcerating Adult Felons (2009)372 Kentucky High School Athletic Association137 A Citizen’s Guide to the Kentucky Constitution (Revised June 2013)

Out of Print Research Reports

385 Kentucky State Testing for Education Accountability: An Examination of Security-related Threats to Making Valid Inferences and Suggested Best Practices

384 Kentucky Community and Technical College System: Marketing, Lobbying, and Administration Expenses

383 911 Services and Funding: Accountability and Financial Information Should Be Improved

381 Certification and Escrow Requirements Associated with the Tobacco Master Settlement Agreement

380 Compendium of State Education Rankings379 Review of Teacher Evaluation and Compensation378 Assistance to Low-achieving Schools and Districts: Strengths, Limitations,

and Continuing Challenges377 Analysis of Collective Bargaining Agreements in Kentucky Districts376 School Districts’ Fund Balance Study375 Workforce Development Options Targeted to Older Kentuckians Are Limited374 School Health Services for Students with Chronic Health Conditions371 Leadership Training for Superintendents, School Board Members, Principals,

and School-based Decision Making Council Members370 Compendium of State Education Rankings (2009)369 Mathematics Study Part 1: Assessment and Course Taking

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369 Mathematics Study Part 2: Educator Preparation and Teacher Quality369 Mathematics Study Part 3: Achievement in Kentucky Schools, Successful

Practices, and Continuing Challenges368 Kentucky District Data Profiles (2009)367 A Review of the Kentucky Agency for Substance Abuse Policy and the Of-

fice of Drug Control Policy366 Education Professional Standards Board (2009)365 Housing Foreclosures in Kentucky (2009)364 Report on the Subcommittee on the Penal Code and Controlled Substances

Act (2009)363 Review of Education Technology Initiatives (2009)362 Compendium of State Education Rankings (2008)361 Fees, Dues, and Supplies in Kentucky Schools (2009)360 Kentucky District Data Profiles School Year 2007-2008359 Costs of Providing Services to Unauthorized Aliens Can Be Estimated for

Some Programs, but Overall Costs and Benefits Are Unknown (2009)358 Review of Special Education in Kentucky357 Reentry Programs for Felons Should Be Improved and Outcome Measures

Should Be Developed (2008)356 The Costs of College and High School Textbooks in Kentucky (2008)355 Kentucky District Data Profiles (2008)354 Understanding How Tax Provisions Interact With the SEEK Formula (2007)353 A Review of the Extended School Service Programs (2008)352 Investment Rates of Return, Governance, and Policies of the Kentucky

Retirement Systems and Kentucky Teachers’ Retirement System (2008)351 Medicaid Prescription Drug Benefit Fraud, Abuse, and Cost Management

(2007)350 Kentucky Housing Corporation349 2007 School Finance Report (2008)348 Siting of Electric Transmission Lines (2007)347 School Insurance (2007)346 Drug Courts (2007)345 A Compendium of State Education Rankings (2007)344 A Review of the Flexible Focus Fund Program (2007)343 Pollution Cap and Trade Programs in Kentucky (2007)342 Kentucky’s Foster Care System Is Improving, but Challenges Remain (2006)

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341 Planning for School Facilities Can Be Improved to Better Serve the Needs of All Students (2007)

340 Kentucky’s Community Mental Health System Is Expanding and Would Benefit From Better Planning and Reporting (Revised June 2007)

339 Highly Skilled Educator Program (2007)338 Indicators of Efficiency and Effectiveness in Elementary and Secondary

Education Spending (2006) (Revised 2013)337 A Study of Anesthesiologist Assistants (2007)336 2006 School Finance Report (2006)335 2005 School Finance Report (2006)334 School Size and Student Outcomes in Kentucky’s Public Schools (2006)333 Information Systems Can Help Prevent, but Not Eliminate, Health Care

Fraud and Abuse (2006)332 A Review of the School Facilities Construction Commission (2006) 331 A Study of Physician Assistant Licensure (2005)330 Implications of the U.S. Supreme Court’s Kelo Decision for the Use of

Eminent Domain in Kentucky (2005)329 Planning for Water Projects in Kentucky: Implementation of Senate Bill 409

(2005)328 An Analysis of the Commonwealth Accountability Testing System (2005)327 Kentucky Can Improve the Coordination of Protective Services for Elderly

and Other Vulnerable Adults (2004)326 Improved Coordination and Information Could Reduce the Backlog of

Unserved Warrants (2005)325 Offshore Outsourcing of Kentucky State Government Services: Direct Con-

tracting Is Limited but the Amount of Subcontracting Is Unknown (2005)324 Appropriate Management and Technology Can Reduce Costs and Risks of

Computer Use by State Employees (2004)323 A Study Expanding Prescriptive Authority for Controlled Substances to

Advanced Registered Nurse Practitioners (2004 HB 595) (2004)322 Uncollected Revenues and Improper Payments Cost Kentucky Millions of

Dollars a Year (2004)321 Improving Fiscal Accountability and Effectiveness of Services in the Ken-

tucky Transitional Assistance Program (2004)320 Feasibility of Establishing a Bill Monroe State Park (2002 SCR 157) (2004)319 Human Service Transportation Delivery: System Faces Quality, Coordina-

tion, and Utilization Challenges (2004)

http://www.lrc.ky.gov/lrcpubs/RR338.pdf





http://www.lrc.ky.gov/lrcpubs/RR 333_forweb.pdf












http://www.lrc.ky.gov/lrcpubs/RR 321.pdf


http://www.lrc.ky.gov/lrcpubs/RR319_web.pdf

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318 The Compet i t iveness of Kentucky’s Coal Industry (2004) Comprehensive Management Review of the Kentucky Transportation Cabi-net prepared by the Dye Management Group, Inc. for LRC (2003)

317 A Study of the Kentucky Educational Excellence Scholarship Program (2003)

316 Compulsive Gambling in Kentucky (2003)315 A Study of Secondary Career and Technical Education (2003)314 Task Force on Inter-County Cooperation (2003 SB 133) (2003)313 Improving Kentucky’s Prescription Drug Monitoring Program: Ideas and

Recommendations. Prescription Drug Abuse Task Force Final Report (House Bill 303) (2003)

312 The Commonwealth Accountability Testing System (2003)311 Postsecondary Education in Kentucky: Systemwide Improvement but Ac-

countability Is Insufficient (2003)310 The SEEK Formula for Funding Kentucky’s School Districts: An Evalua-

tion of Data, Procedures, and Budgeting (2002)309 Feasibility of Establishing a Museum of Kentucky Agriculture (2003)308 East and West Kentucky Corporations (2002)307 Tax and Related Incentives for Forest Management (2003)306 Compensation and Benefits of Kentucky Public School Employees (2002)305 Immigration in Kentucky - A Preliminary Description (2002)304 An Analysis of Kentucky’s Prevailing Wage Laws and Procedures (2001)303 Executive Branch Contracting for Services: Inconsistent Procedures Limit

Accountability and Efficiency (2001)302 Performance-Based Budgeting: Concepts and Examples (2001)301 Tobacco Contracting in Burley Tobacco (2001)300 Impact Plus (2001)299 Restructuring Kentucky’s Electric Utility Industry: An Assesment of and

Recommendations for Future Action in Kentucky (2000)298 Progress Report on Coordinated Human Service Transportation System

(2000)297 Teacher Quality Issues in Kentucky (2000)296 Adult Education and Literacy in Kentucky (2000)295 Personnel Pilot Projects: Design Weakness Limits Effectiveness (1999)294 An Economic Analysis of the Southern Dairy Compact: Implications for

Kentucky (2000)293 Kentucky Early Intervention System First Steps (1999)


http://www.lrc.ky.gov/Lrcpubs/RR317.pdf







http://www.lrc.ky.gov/lrcpubs/Rr310.pdf


















5-29


292 A Study of Denturitry (2000)291 Kentucky Housing Corporation Allocation of Federal Homeless Grant Money

(2000)290 Status of the Health Insurance Market in Kentucky 1998 (2000)289 Genetic Testing in Health, Life, and Disability Insurance in Kentucky (1998

SR 161) (2000)288 Evaluating Container Deposit Legislation for Kentucky (1998 HB 371)

(1999)287 Video Conferencing and the Kentucky General Assembly( 1998 SR 176)

(1999)286 Health Insurance Market for Employees and Retirees of Kentucky State

Goverment (1999)285 State Agency Service Contract Administration (1999)284 Report of the DPTS/911 Task Force (1999)283 Review of the Kentucky Children’s Health Insurance Program (1999)282 Motor Vehicle Registration Abuse (1999)281 Kentucky Medicaid Drug File and Prior Authorization System (1999)280 Final Report of the Task Force on Children in Placement : The Challenge

of 1996 Senate Concurrent Resolution 107(1998)279 Division of Licensing and Regulation, Cabinet for Human Resources, Office

of Inspector General (1997)278 State Park Marinas (1997)277 Department for Social Insurance Eligibility Determination Process (1996)276 Preliminary Report of the Task Force on Children in Placement: The Chal-

lenge of 1996 Senate Concurrent Resolution 107 (1996)275 Cabinet for Human Resources Family Service Workers’ Caseloads (1996)274 Kentucky Medical Assistance Program (1996)273 Families First: Empowering Kentucky`s People and Communities. Report

of the 1994-95 Commission on Poverty (1996)271 Kentucky Association of Counties Self-Insurance and Loan Programs (1994)270 Kentucky`s Earmarked Taxes, Restricted Use and Off-Budget Funds (1992)269 Kentucky’s State Park System (1994)268 Kentucky Department for the Blind Interstate Vending Program (1994)267 Alternative Uses for State Prison Farm Properties (1994)264 A Study of Temporary and Part-Time Employment in Kentucky

(1992 HCR 10) (1994)263 Out-Of-Home Child Care in Kentucky (1993)





file:///Z:/cle/Publications/Handbooks/Kentucky%20Legal%20Research%204th%20ed.%202016/Author%20Submissions/Chapter%205%20Appendix/lrcpubs/Rr288.pdf

http://www.lrc.ky.gov/lrcpubs/rr287.pdf






















5-30


262 Labor Force Statistics: A Review and Analysis (1993)261 Kentucky Department for the Blind Site Acquisition for Rehabilitation Center

(1992)258 Report of the Task Force to Study Highway Needs (1992)257 Kentucky’s Parole System (1991)256 Federal Acid Rain Legislation: Its Effect on Kentucky (1990 SCR 73) (1992)254 Report of the Commission on Kentucky’s Government (1991)252 Initial Report: The Impact of Reductions in Defense Spending on the Ken-

tucky Economy (1990)250 State Purchasing Policies and Practices (1989)249 Kentucky’s Early Retirement Incentive Plan Cost/Benefit Study (1990)248 The Weatherization Assistance Program and Other Energy Conservation

Efforts in Kentucky (1989)246 Restrictions on Outdoor Advertising Devices in Rural Kentucky(1988 HR

220) (1990)245 Kentucky’s Brucellosis Eradication Program (1989)244 Utilization of Wood Waste in Kentucky (1988 HR 163) (1989)243 Kentucky’s Teacher Preparation System (1989)242 Report of the Licking River Basin Task Force (1988 HCR 69) (1989)240 Final Report of the Special Commission on Election Reform (1988)239 Bill Monroe Bluegrass Music Museum Feasibility Study (1988)235 Long-Term Care for Retired Teachers (1988)234 Services to Adults with Mental Retardation in Kentucky (1988)232 Report of the Kentucky Insurance and Liability Tax Force (1988)228 Kentucky’s Elementary and Secondary Public School Textbook Program

(1987)227 Space Needs of State Government in Franklin County (1987)226 Report of the Special Commission on Constitutional Review (1987)223 Report of the Commission of Financing Health Care for the Medically

Indigent (1986)222 Higher Education in Kentucky (1986)221 Final Report of the Kentucky Tobacco Task Force (1986)219 Motor Vehicle Licensing: A Review of Inventory and Audit Procedures

(1985)217 Cabinet for Human Resources Reimbursement to Private Child Care Agen-

cies (1985)




























5-31


216 A Study of The Feasibility of Establishing a Community College in Daviess County, Kentucky (1985)

215 Final Report of the Special Jail Study Committee (1984)212 Kentucky’s Experimental Gifted and Talented Education Program (1984)211 Report of the 1982-83 Kentucky Water Management Task Force (1984)205 Role and Mission of the Kentucky School for the Blind and the Kentucky

School for the Deaf (1983)202 Feasibility Study for a William G. Kenton Center for Government and

Political Studies (1983)201 The Crippled Children’s Services Program (1983)199 University Affiliated and Non-Affiliated Corporations (1983)198 Small Operators Technical Assistance Program (SOTAP) (1983)196 Board of Barbering and Board of Hairdressers and Cosmetologists (1983)194 Commonwealth Cash Management (1982)193 Computer Services Contracts (1982)192 Report of the Special Advisory Committee on Nuclear Issues (1980-81

Interim)190 Report of the Special Solar Energy Advisory Committee (1981)189 Laws and Regulations Affecting Kentucky Educational Television (1981)188 Kentucky’s Wood-Using Industries: Prospects for Expansion (1982)186 Elevated Housing: Flood Protection Through Raising Existing Structures

(1981)184 The Feasibility of Air Ambulance Service in Kentucky (1981)182 Real Property Lease Procedures of the Commonwealth (1981)181 Rail Transportation Programs in Kentucky (1981)180 Bonded Indebtedness in Kentucky (1981)179 The Measurement of Air Quality in the Commonwealth (1981)178 Kentucky State Fire and Tornado Insurance Fund (1981)177 School Accreditation Requirements vs. Financial Support (1981)176 Coal Trucks and the Law: Statutes, Regulations and Policies Affecting Truck

Transportation of Coal in Kentucky (1981)175 Kentucky Bureau for the Blind (1980)174 Kentucky Special and Vocational Education Programs (1980)173 Travel by State Government Employees (1980)172 The Fiscal Impact of the Kentucky Coal Industry (1980)




























5-32


170 Program Review: Real Estate Education, Research and Recovery Fund (1980)

169 Program Evaluation: Kentucky Public Employees’ Deferred Compensation System (1980)

168 Highway Maintenance in Kentucky: An Overview (1980)167 Report of the Special Advisory Committee on Nuclear Waste Disposal (1979

Supplement) (1980)166 A Review of the Need for State Licensure of Electrical Occupations (1979)163 The Kentucky Medical Assistance Program’s Dispensing Fee Reimburse-

ment to Pharmacists (1979)161 A Plan to Provide Professional Education And Services to Underserved

Areas of the State (1979)158 Kentucky’s Election Contest and Recount Statutes (1979)157 Scientific and Technical Information for the Kentucky General Assembly:

Final Report (1979)152 Feasibility of Senior Citizens Discount (1979)151 The Feasibility of a Kentucky Coal Museum (1979)150 Hunter Safety Education (1978)149 Urban Abandonment and Property Tax Delinquency (1978)147 Regulation of the Building Industry in Kentucky (1977)146 Nursing Homes in Kentucky (1977)139 Driver Licensing in Kentucky (1977)136 Rising Electricity Rates: Current Issues (1977)135 Financing of Mass Transportation Operations (1977)133 Physician Manpower in Kentucky: Supply and Distribution (1977)132 Kentucky’s Kindergarten Program: Four Years Later (1977)116 Mechanized Vote Recording: A Survey (1975)112 Society’s Stepchildren: The Mentally Retarded (1974)104 Social Security and the Teacher (1974)

F. [5.30] Legislative Research Commission Informational Bulletins

Source: <http://www.lrc.ky.gov/lrcpubs/info_bulletins.htm> (last visited October 2015).
























5-33



LRC INFORMATIONAL BULLETINS

Informational bulletins consist of a compilation of information on a topic, usually without significant analysis or recommendations.

Many informational bulletins, even out of print bulletins, are available, free of charge, online through the LRC website as downloadable PDFs. If the bulletin is hyperlinked, it is available for download. If a bulletin does not have a hyperlink it may be requested from the LRC. Reports not available online may also be available in print at a Kentucky law library.

Bulletins are sorted and located by report number and title. To search report titles by keyword, use CTRL+F (Windows, Linux, and Chrome OS) or Command+F (Mac).

In Print Informational Bulletins

247 General Assembly Action 2015 Regular Session246 Final Reports of the Interim Joint, Special, and Statutory Committees 2104245 Topics Before The Kentucky General Assembly November 2014244 General Assembly Action 2014 Regular Session243 Final Reports of the Interim Joint, Special, and Statutory Committees 2013242 Issues Confronting the 2014 Kentucky General Assembly241 General Assembly Action 2013 Regular Session210 Constitution of the United States of America Constitution of the Common-

wealth of Kentucky (Revised November 2012)177 A Handbook for Gubernatorial Transition in Kentucky (2015)175-I Kentucky General Assembly Membership Volume I (1900-1949) (Revised

April 2005)175-II Kentucky General Assembly Membership Volume II (1950-2005) (Revised

April 2005)159 LRC’s Role in Session Operations: A Procedures Manual (Revised Novem-

ber 2014)145 Kentucky Municipal Statutory Law (Revised July 2015)117 Bill Drafting Manual (Revised December 2011)115 County Government In Kentucky (Revised 2015)114 Duties Of Elected County Officials

5-34


59 The Constitution of the Commonwealth of Kentucky

Out of Print Informational Bulletins

240 Final Reports of the Interim Joint, Special, and Statutory Committees 2012239 Issues Confronting the 2013 Kentucky General Assembly238 General Assembly Action 2012 Regular Session237 Final Reports of the Interim, Joint, Special, and Statutory Committees 2011236 Issues Confronting the 2012 Kentucky General Assembly235 General Assembly Action 2011 Regular Session234 Final Reports of the Interim, Joint, Special, and Statutory Committees 2010233 Issues Confronting the 2011 Kentucky General Assembly232 General Assembly Action 2010 Regular Session231 Final Committee Reports of the Interim, Joint, Special, and Statutory Com-

mittees 2009230 Issues Confronting the 2010 Kentucky General Assembly229 General Assembly Action 2009 Regular Session228 Final Reports of the Interim Joint, Special, and Statutory Committees 2008227 Issues Confronting the 2009 General Assembly226 General Assembly Action, Regular Session 2008225 Final Reports of the Interim Joint, Special, and Statutory Committees 2007224 Issues Confronting the 2008 General Assembly223 General Assembly Action, Regular Session 2007222 Final Reports of the Interim Joint, Special, and Statutory Committees 2006221 Issues Confronting the 2007 General Assembly220 General Assembly Action, Regular Session 2006219 Final Reports of the Interim Joint, Special, and Statutory Committees 2005218 Issues Confronting the 2006 General Assembly217 General Assembly Action, Regular Session 2005216 Final Reports of the Interim Joint, Special, and Statutory Committees 2004215 Issues Confronting the 2005 General Assembly, An Update of Information

Bulletin No. 212 (2003)214 General Assembly Action, Regular Session 2004213 Final Reports of the Interim Joint, Special, and Statutory Committees 2003212 Issues Confronting the 2004 General Assembly (2003)211 General Assembly Action, Regular Session 2003209 Issues Confronting the 2003 General Assembly (2002)

5-35


208 Final Reports of the Interim Joint, Special, and Statutory Committees 2002207 General Assembly Action, Regular Session 2002206 Final Reports of the Interim Joint, Special, and Statutory Committees 2001205/205-S

Issues Confronting the 2002 General Assembly Supplement to Issues Con-fronting the 2002 General Assembly

204 General Assembly Action, Regular Session 2001203 General Assembly Action, Regular Session 2000202 Final Reports of the Interim Joint, Special, and Statutory Committees 1998-

99201/201-S


200 General Assembly Action, Regular Session 1998199 Final Reports of the Interim, Joint, Special, and Statutory Committees

1996-97198/198-S


197 General Assembly Action, Regular Session (1996)196 Trends Affecting the Commonwealth - Identified from the LRC Scanning

Program August 1994 - July 1995195 Supplement to Issues Confronting the 1996 General Assembly194 Final Reports of the Interim, Joint, Special, and Statutory Committees 1994-

95192 Trends Identified from the LRC Scanning Program (August 1993 - July

1994)191 Mid-Interim Reports of the Joint, Special, and Statutory Committees 1994190 General Assembly Action, Regular Session (1994)189 Trends Affecting the Commonwealth Identified from the LRC Scanning

Program (1993)187 Final Reports of Interim Joint, Special, and Statutory Committees 1992-93186 Issues Confronting the 1994 General Assembly (1993)176 Impeachment in Kentucky (1991)171 The Executive Branch of Kentucky State Government (Revised 2002)156 Planning and Zoning (Revised 2004)140 Coal Transportation in the South (1981)

5-36


139 Highway Costs and Revenues (1981)137 Kentucky Government (Revised 2003)

G. [5.31] Legislative Research Commission Research Memoranda

Source: <http://www.lrc.ky.gov/lrcpubs/lrc_research_memoranda.htm> (last visited October 2015).


LRC RESEARCH MEMORANDA

Research memoranda are not as comprehensive as research reports and often consist primarily of the work of a committee or task force and report of its findings and recommendations.

Many research memoranda, even out of print memoranda, are available, free of charge, online through the LRC website as downloadable PDFs. If the report is hyperlinked it is available for download. If a report does not have a hyperlink it must be requested from the LRC. Reports not available online may be available in print at a Kentucky law library.

Memoranda may be sorted and located by memoranda number or title. To search report titles by keyword, use CTRL+F (Windows, Linux, and Chrome OS) or Command+F (Mac).

In Print Research Memoranda

518 Public Pension Oversight Board 2014 Report517 Supports For Family Caregivers Of Elders516 Co-Chairs’ Report Of The Military And Overseas Voting Assistance Task

Force (2013 Senate Bill 1)515 Notification Of Probation And Parole Violations514 Report of The 2013 Task Force on the Unified Juvenile Code (2013 Senate

Concurrent Resolution 35)513 Review of Kentucky-based Nutrition Programs and Research512 Report of the Task Force on Kentucky Public Pensions (2012 House Con-

current Resolution 162)511 Report of the Task Force on Student Access to Technology (2012 Senate

Bill 95)510 Report of the Task Force on Middle School Interscholastic Athletics (2012

House Concurrent Resolution 155)

http://www.lrc.ky.gov/lrcpubs/rm511.pdf


5-37


509 Report of the Task Force on Childhood Obesity (2011 House Concurrent Resolution 13)

508 Report of the 2011 Task Force on the Penal Code and Controlled Substances Act (2011 House Bill 463)

507 Local Government Transparency506 Report of the Task Force on the Penal Code and Controlled Substances Act

(Revised April. 21, 2011)505 2010 Update to Research Memorandum No. 292 (2010 House Bill 179)

Out of Print Research Memoranda

504 Report of the Poverty Task Force

503 Energy-efficient Building Design and Construction Practices (August, 2009)502 Report of the Land Stewardship and Conservation Task Force (Revised)

(January 22, 2008)501 Final Report of the Kentucky Broadband Task Force 2004 HB 627 (Novem-

ber 15, 2006)500 Final Report of the Task Force on Local Taxation (June 27, 2006)499 Report of the Task Force on School Calendars and the Tourism Industry

(HRC55) (December 2005)498 Report of the Interim Joint Committee on Economic Development and

Tourism: A Committee Study of the Lexington/Big Sandy Railtrail (2004 HRC 8)

497 Report of the Task Force on Services and Supports for Individuals With Acquired Brain Injuries (SCR 17) (2003)

496 Report of the Task Force on Services and Supports for Individuals with Acquired Brain Injuries (HCR 67 2002)

495 A Review of Economic Education in Kentucky’s Public Schools (2002)494 Advanced Placement Programs Subcommittee Final Report to the Interim

Joint Committee on Education (2002)493 Report of the Task Force on Long Term Quality Care (2002 SCR 39) (2002)492 Final Report: Blackacre State Nature Preserve Task Force (2002)491 Report of Task Force on Complementary and Alternative Medicine (1998

HB 160) (2000)490 Report of 1998-99 Special Task Force on Parenting and Child Custody

(1999)489 Report of the Subcommittee on Small Business Regulation (1999)488 Task Force on Funding for Tourism Development (1999)487 Final Report of Special Task Force on Fishtrap Lake (1999)









http://www.lrc.ky.gov/lrcpubs/RM501.pdf





http://www.lrc.ky.gov/lrcpubs/Rm496.pdf







http://www.lrc.ky.gov/lrcpubs/RM489a.pdf



5-38


486 A Study on the Feasibility, Benefits and Implementation of a Strategy for a Rails to Trails Program Throughout the Commonwealth (1999)

485 A Study of Education for Students Who are Deaf and Hard of Hearing (1998 SR 164)

484 Report of the Task Force on Information Technology (1998 HCR 113) (1999)

483 Task Force on Historic Properties, Final Report (1999)482 Higher Education: Foundation for Kentucky Farms (1998)481 Privatization Processes in Other States (1997)480 Status of Health Insurance Market in Kentucky (1998)479 Report of the Task Force on Local Government Taxing Structures (1997)478 Report of the Task Force on Funding for Wildlife Conservation (1997 HCR

76)477 Report on Animal Control and Care (1997 HCR 97)476 Preliminary Review: Department for Local Government Community De-

velopment Block Grant Housing Program (1997)475 Alternate Fuels and Alternate Fuel Vehicles in Kentucky (1997)474 Number and Characteristics of the Individually Insured, Small Group Insured,

C Insured in Kentucky (1997)473 Preliminary Review: UNISYS MMIS Contract with Ky. Dept. of Medicaid

Services (1997)472 HCR 47 Concerning the Differences Between the Various Classes of Ky.

Cities (1996)471 SCR 84 (1996)470 Final Report of Legislative Task Force on Domestic Violence (1996)469 Study of Independent Contractors (1995 HCR 60)468 Research Study on Motor Vehicle Usage Tax (1994)467 Report of the Interim Joint Committee on Business Organizations and Pro-

fessions on Regulation of Charitable Gaming (1994)466 Milk Marketing (1993)465 Compensation of Local Government Officials in Kentucky (1993)464 Review of the Tax Classification System in the Unemployment Insurance

Program (1993)463 Report of the Task Force on Sentences and Sentencing Practices (1992)462 Report of Exempting Private Employers Retirement Income from State

Taxation (1992)461 Report of the Uniform Administrative Hearing Procedures (1992)



























5-39


460 Report of the 1990 Enterprise Zones in Kentucky (1992)459 Report of the 1990-91 Camp Ground Lake Task Force (1992)458 Child Day Care in Kentucky (1992)457 Report of the Task Force on Alcohol and Drug Use During Pregnancy (1992)456 Court Costs (1992)455 Final Report: 1990 HR 265 (1992)454 Public Service Commission Oversight of Solid Waste Landfill Fees (1991)453 Report of the Merger of City Retirement Systems (1991)452 Report of the Earthquake Commission (1991)451 Report of the Task Force on Boarding Homes (1991)450 Report of the 1990-91 Interim GIS/GPS Task Force (1991)449 Report of the Subcommittee on HB 207 (1991)448 Report of the 1990-1991 Task Force on Open Meetings and Open Records

(1991)447 Report of the Kentucky Fire Protection Study Task Force (1991)446 Kentucky and the Federal Drug-Free Workplace, Act of 1988 (1991)445 Solid Waste Management Legislative Task Force Report (1991)444 Task Force on Container Deposits Report (1991)443 Report of the Subcommittee on Local Mandates HCR 163 (1991)442 Final Report of the Coal Revenue Allocation Task Force (1991)441 Report of the Task Force on Extension of Water Service in Jefferson County

(1991)440 A Status Report on Certificate of Need (1989)439 A Comparison of the Economic Status of Kentucky Counties, 1987 (1990)438-1 Economic Trends in Kentucky Counties, 1969-87 (1990) (1 report written

for each county)VOL.1438-2 Economic Trends in Kentucky Counties, 1969-87 (1990) (1 report written





for each county)VOL.6437 Patterns of Growth and Decline in the Kentucky Economy, 1969-88 (1989)























http://www.lrc.ky.gov/lrcpubs/RM438 VOL1.pdf

http://www.lrc.ky.gov/lrcpubs/RM438 VOL2.PDF





5-40


436 High School Graduation Requirements and Testing for Graduation (1988)435 Report of the Special Subcommittee on Kentucky Essential Skills Testing

(1987)434 Establishment of a Building Inspector’s Foundation Program Fund and

Feasibility Study (1987)433 Local Planning Commission Survey (1986)432 Government Competition with Private Enterprise (1986)431 Report of the Special Committee on Teacher Retirement (1986)430 Report of the Task Force to Study the Taylorsville Lake Project (1986)429 Need for County-Wide Jurisdiction for Police Officers in Cities of the Sixth

Class (1986)428 Report of the Special Committee to Study Local Planning and Zoning (1986)427 Report of the Special Committee to Study Tax Incentives to Assist the Coal

Industry (1985 SCR 56)426 Final Report on HCR 111 (1985)425 Recovery of Coal Waste (1985)424 The Management of Solid Waste (1985)420 Issues Confronting The 1984 General Assembly A Supplement410 Issues Confronting The 1980 General Assembly A Supplement

H. [5.32] Useful Contacts

Legislative Research Commission (LRC) Capitol LRC, Room 300 Frankfort, Ky. 40601 Phone: (502) 564-8100 Fax: (502) 223-5094 <http://www.lrc.state.ky.us> (last visited October 2015)

Peggy King Legislative Reference Library Capitol Annex 700 Capitol Avenue, Room 27 Frankfort, Ky. 40601 Phone: (502) 564-8100 <http://www.lrc.ky.gov/lrc/library.htm> (last visited October 2015)

The Legislative library is located in Room 27 of the Capitol Annex. Legislative library holdings and services support the research activities and ongoing committee work of LRC staff, and many library services are available to the public.
















5-41


Kentucky Department of Libraries and Archives Archives Research Room 300 Coffee Tree Road Frankfort, Ky. 40601 Phone: (502) 564-8300 ext. 346 <http://kdla.ky.gov> (last visited October 2015)

University of Kentucky Law Library* 620 South Limestone Street Lexington, Ky. 40506 Phone: (859) 257-8131 <http://www.law.uky.edu> (last visited October 2015)

The University of Kentucky Law Library maintains in its collection Kentucky Revised Statutes; Kentucky Acts; Final Legislative Record; House Journals; Senate Journals; and knowledgeable reference librar-ians. Most materials are located on the first floor of the law library in the Kentucky section.

*For a list of additional law libraries and other significant legal collections please see Addendum B.

5-42


6-1

Case Law Research


6

KENTUCKY CASE LAW RESEARCH

FRANKLIN L. RUNGEUniversity of Kentucky


6-2


6-3

Case Law Research

I. [6.1] Common Law in Kentucky ................................................6-5

II. [6.2] The Publication of Kentucky Cases ...................................6-6

III. [6.3] What Cases Are Published? ...............................................6-8

IV. [6.4] Assistance for a Historian ...................................................6-8

V. [6.5] Assistance for a Practicing Attorney .................................6-9A. [6.6] Kentucky Law Summary .........................................6-9B. [6.7] Kentucky Appellate Survey .....................................6-9C. [6.8] Kentucky Trial Court Review ................................6-10D. [6.9] Supreme Court Minutes ........................................6-10

VI. [6.10] Finding Case Law ..............................................................6-10A. [6.11] Secondary Sources ................................................6-10B. [6.12] Digest System .......................................................6-10C. [6.13] Search Terms: Best Practices ...............................6-11D. [6.14] Review Citations ...................................................6-11E. [6.15] Importance of Citators ..........................................6-11

VII. [6.16] Summary of Key Points ....................................................6-12

VIII. [6.17] Conversion Table: Kentucky Reports to Nominative Reports (1785-1879) .....................................6-12

6-4


6-5

Case Law Research

I. [6.1] Common Law in Kentucky

To state the obvious, the Commonwealth of Kentucky is a common law jurisdiction. We do not have a civil law system or a theocracy, instead we rely upon the principle of stare decisis and growing or changing the common law as new circumstances demand. There are numerous descriptions on what it means to operate in a common law system, but it is perhaps best described by the Kentucky courts as follows:

But the common law is not now, nor was it ever, a static body of the law. It (the common law) may be likened to a mighty rising river. It may and it must spill over into new fields and new ter-ritory in order to make its way to the sea.1

The common law is the “child of the courts”, and all judges, attorneys, clerks, and litigants in Kentucky are responsible for the case law guiding our citizenry.2

While it might not be the first question that comes to mind for a legal re-searcher, it is important for us to determine when Kentucky’s common law begins. In 1792, Kentucky broke from Virginia, and established itself as the fifteenth state in Union.3 In a peculiar clause, the Kentucky Constitution § 233 states that all laws in Virginia effective prior to June 1, 1792, shall be recognized in Kentucky, as long as they are “of a general nature and not local to that State, and not repugnant to this Constitution, nor to the laws which have been enacted by the General Assembly of this Commonwealth[.]” This has been interpreted to include the statutory and common law of Virginia.4 Pushing us further into historical times, Kentucky courts have found § 233 to adopt the common law of England that was part of Virginia’s jurisprudence in 1792.5 Fortunately, most case law research in Kentucky does not require an examination of sixteenth century English cases, and we can focus our attention on the Kentucky Reports and the South Western Reporter.

1 City of Louisville v. Chapman, 413 S.W.2d 74, 77 (Ky. 1967).2 Hilen v. Hays, 673 S.W.2d 713, 717 (1984).3 An Act: Declaring the consent of Congress that a new state be formed within the

jurisdiction of the commonwealth of Virginia, and admitted into this Union by the name of Kentucky, chap. 4, 1 Stat. 189 (1791) (effective June 1, 1792).

4 Johnson v. Commonwealth ex rel. Meredith, 165 S.W.2d 820, 827 (1942) (“It is by virtue of the provision which is now Section 233 of the present Constitution...that from the beginning the common law as thus limited has been recognized as part of the jurisprudence of Kentucky[.]”).

5 Hilen, 673 S.W.2d at 715 (“This provision had the effect of adopting as the law of this state the common law of England that was part of the law of the State of Virginia at the time.”). Notably, in 1776, the Virginia Legislature passed an ordinance accepting the common law of England and statutory acts of parliament prior to the fourth year of King James I (1607). Coleman v. Reamer’s Ex’r, 36 S.W.2d 22, 23 (1931); Ray v. Sweeney, 77 Ky. 1, 9 (1878).

6-6


The Commonwealth’s first constitution in 1792 provided for a judicial branch that mirrored the federal system.6 Matters of law and equity were “vested in one supreme court, which shall be styled the Court of Appeals, and in such inferior courts as the Legislature may, from time to time, ordain and establish.”7 A critical point to remember, and one that consistently trips up modern researchers, is that before 1976 the Court of Appeals was the highest state court. In 1976, the highest court was renamed the Supreme Court of Kentucky, and the intermediate appellate court was created and assumed the title of Court of Appeals.8

II. [6.2] The Publication of Kentucky Cases

From the beginning of the United States and through the 1870’s, it was the common practice in every jurisdiction to publish court cases in nominative reporters.9 This refers to the fact that the case reporter would be emblazoned with a person’s last name. The nominative case reporters were “compiled by a member of the bar who would gather notes of the courts’ decisions either as recorded by himself, from other lawyers or, perhaps, from the notes of the judges.”10 These vessels were critical to the early Republic, as the common law depended upon conscientious members of the bar to step up and manage this task. Kentucky was no exception to this practice, and the Court of Appeals’ reported cases were pub-lished in a series of nominative reporters, which were eventually collected into the Kentucky Reports series.

Kentucky’s first nominative reporter was James Hughes, whose first (and only) volume covers 1785 to 1801. He litigated cases in the Court of Appeals, and while waiting to have his cases heard, he took copious notes on the cases before and after his presentation.11 Compiling the nominative reports was taxing in time and money, as these volumes were often a financial drain on the author.12 Hughes was motivated by civic duty and intellectual engagement, and generations of Kentucky lawyers (whether they know it or not) are thankful for his service in capturing the earliest moments of our common law.13

The Kentucky Reports coverage actually begins just before Kentucky’s admission to the United States, with cases decided from 1785 to 1792 by the Su-preme Court for the District of Kentucky, which was a branch of Virginia’s judiciary. The first reported cases from Kentucky’s Court of Appeals begin with the October

6 Ky. Const. art. V (1792).7 Id. at art. V, § 1 (1792).8 1976 Ky. Acts 138, ch. 67; 1976 Ky. Acts 141, ch. 70.9 Robert C. Berring, Legal Research and Legal Concepts: Where Form Molds Substance, 75

Cal. l. Rev. 15, 17-20 (1987).10 Id. at 17.11 Kurt X. Metzmeier, James Hughes: Kentucky’s First Nominative Reporter, 1 UnboUnd -

ann. Rev. leg. Hist. & RaRe books 25, 28 (2008). 12 Id. at 28-29; Berring, supra note 8, at 18.13 Metzmeier, supra note 10, at 26-28.

6-7

Case Law Research

Term of 1793. The title page of Kentucky Reports, volume 1, indicates that the “causes” reported are “In which Titles to Land were in Dispute.” The emphasis on land disputes is notable, as it was known throughout the young republic that to purchase land in Kentucky was “to buy a lawsuit.”14 This principle played out with Thomas Lincoln, Abraham Lincoln’s father, who owned three farms in Kentucky but lost two of them in title disputes.15

Why does a researcher need to know about nominative reports? One will occasionally run across a citation using the nominative reporter, and a researcher needs to be able to comprehend what they are looking at. For example, in the print version of Kalfus v. Kalfus, 92 Ky. 542, 544 (1892), the court makes the following argument:

This court, in Matson v. Matson, 4 Met., 262, in a case where the wife sued the husband at law for her separate estate, held it could not be done, but the wife must resort to a court of equity, with a statement of facts showing that the relation of husband and wife did not preclude the latter from seeking equitable relief against him.

At first blush, the Matson citation might confuse a novice researcher. What the heck is “Met.”? What jurisdiction is that? Why is there not a year? This is a citation to a nominative reporter, and the “Met.” stands for Metcalfe. James P. Metcalfe pub-lished four nominative reporters from 1852-1863. At the end of this chapter there is a helpful conversion table that allows a researcher to find a Kentucky Reports volume if they have a nominative reporter citation.

From 1785 through 1879, Kentucky cases will have parallel citations: one citation to the Kentucky Reports and one citation to a nominative reporter. While we are grateful to these frontier lawyers for collecting notes and publishing cases, nominative reports were disorganized, contradictory, spotty in their coverage, and lacked quality control.16 In 1880, the General Assembly of the Commonwealth passed AN ACT to regulate the titles of Reports of Decisions of the Court of Ap-peals of this State, 1880 Ky. Acts 21, ch. 193. This legislation officially created the Kentucky Reports and set the numbering scheme to incorporate the previous nominative reporters.

Because of the nominative reporter system, early legal publishing was a mess of multiple reporters, a variety of citations, high costs, and poor distribution between jurisdictions.17 In the mid-1880’s, West Publishing Company began to

14 Eric Foner, The Fiery Trial: Abraham Lincoln and American Slavery, New York: W.W. Norton, 2010, p. 5.

15 Id.16 Berring, supra note 8, at 18.17 Francine Biscardi, Historical Development of the Law Concerning Judicial Report

Publication, 85 law libR. J. 531, 533 (1993).

6-8


solve these problems and eliminate their competition.18 From 1886 to the present, Kentucky cases have been published by West in the South Western Reporter.

In 1950, the General Assembly of the Commonwealth passed AN ACT related to the publication and distribution of the opinions of the Court of Appeals, 1950 Ky. Acts 616, ch. 156. This served to end the publication of the Kentucky Reports after 314 volumes, and make the South Western Reporter the official pub-lished source for Kentucky case law.

In addition to finding cases in the South Western Reporter, the Kentucky Court of Justice hosts a database of appellate level opinions in a PDF format. The Supreme Court opinions are from 1999 to the present, and the Court of Appeals are from 1996 to the present. The opinions as they are released by the respective courts, and are thus devoid of South Western Reporter pagination. Consequently, citing these decisions is complicated. As of the writing of this chapter, the search functions of this database are rudimentary and the results are displayed by docket number, as opposed to case name. Hopefully, over the next few years, the database will experience improvement to its interface and usability.

III. [6.3] What Cases Are Published?

Scanning Kentucky’s case reporters from their inception to modern times, one can read a history of conflict, violence, land deals gone awry, broken marriages, and bad faith dealings. Someone learning about legal research might ask, “Is every case in Kentucky published?” The answer to this question is an emphatic no!

The South Western Reporter draws its content from the reported decisions of Kentucky appellate level courts: the Supreme Court of Kentucky and the Ken-tucky Court of Appeals. Unreported cases are not published in the official reporters, but they can be located in online databases. Moreover, cases from the Kentucky Circuit Court, Family Court, or District Court levels are not published. To access information about trial level cases, a researcher would need to go to the county clerk’s office or have access to KYeCourts (an online docket service provided by the Kentucky Court of Justice and Administrative Office of the Courts).

IV. [6.4] Assistance for a Historian

Between 1906 and 1916, the Kentucky Opinions was published as a fifteen volume set. These books contain all unreported opinions “of any value” issued by the Kentucky Court of Appeals between November 1864 and July 1885. The Clerk’s office of the Court of Appeals caught on fire in 1865 and most of the unreported decisions prior to that time were destroyed. These cases were unreported, and thus

18 Id. at 534.

6-9

Case Law Research

their binding precedent is doubtful, but they may prove helpful to legal researchers. Print versions of the Kentucky Opinions are available in Kentucky law libraries, and electronic versions are in the State Reports: A Historical Archive on HeinOnline.

Between 1880 and 1908, the Kentucky Law Reporter was published in a thirty-three volume set. This publication started as a monthly magazine covering “Interests of the Legal Profession at Large and Particularly of the Kentucky Bar.” This publication covered reported decisions from the Court of Appeals, select unreported cases, abstracts of Kentucky cases, major cases from the high courts in other states, speeches, and articles. Each volume of the Kentucky Law Reporter is large, but well indexed. Print versions of the Kentucky Law Reporter are avail-able in Kentucky law libraries, and electronic versions are in the State Reports: A Historical Archive on HeinOnline.

V. [6.5] Assistance for a Practicing Attorney

There are four sources that provide assistance to practicing attorneys who want to stay current with Kentucky’s common law.

A. [6.6] Kentucky Law Summary

The Kentucky Law Summary is a monthly publication that compiles the published majority opinions of the Kentucky Supreme Court and the Kentucky Court of Appeals. The editor of this publication generates a list of topics discussed in the case and a thorough summary. At the back of the publication, there is a listing of the status of cases in the appellate process, i.e., whether a petition for rehearing has been filed, whether the Supreme Court is going to review a decision from the Court of Appeals, etc.

B. [6.7] Kentucky Appellate Survey

The Kentucky Appellate Survey (“KAS”) is exactly what it sounds like: a survey of all Kentucky appellate decisions published in a given year. This is a helpful book in that it divides a year’s worth of decisions into broad topic areas. Consequently, if your practice is focused on Estates and Trusts, you can focus your energies on that chapter, as opposed to having to scan through each case entry to determine its relevance. At the beginning of each practice area, the editors have compiled a narrative and commentary for all major developments in that subject. Each case entry includes a detailed summary, as well as a “highlights” section to give a reader the main concepts of that case. In addition to an annual product, there is a KAS monthly, which is a PDF document emailed to subscribers during the first week of each month.

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C. [6.8] Kentucky Trial Court Review

The Kentucky Trial Court Review focuses on jury verdict results from trial courts. Notably, this does not cover appellate decisions, and therefore stands out as a resource compiling data this is hard to research. The Kentucky Trial Court Review is a monthly publication that is then compiled into a “Year in Review” edi-tion. The case data is broken down into county, region, judge, attorney, and injury suffered. Additionally, there are statistics on verdict summaries, including: case types, number of filings of that type, won/loss percentages, and award amounts.

D. [6.9] Supreme Court Minutes

Around the middle of each month, the Kentucky Supreme Court issues the Supreme Court Minutes, which comprise a record of the Court’s work. This document is a PDF on the Kentucky Court of Justice’s website, and it contains links to cases in the Court’s database of appellate level opinions. The Supreme Court Minutes indicate the questions presented by each case and whether that case will be published in the South Western Reporter.

VI. [6.10] Finding Case Law

This is a complex, beautiful, frustrating, and forgiving world, and finding case law allows a researcher to experience all of those feelings. The following are five strategies for finding cases to address your research questions.

A. [6.11] Secondary Sources

Secondary sources are the best starting point for most of your legal re-search needs. You can find a topic specific treatise and allow an expert to explain the ins-and-outs of your problem. Embedded in the treatise, you will find cases mentioned in the text and footnotes. Secondary sources will provide an overview of your problem and a great start to tracking down the quintessential cases.

B. [6.12] Digest System

The digest system is critical to finding relevant case law. Cases are re-ported and bound in chronological order. This organization system is rubbish to a researcher that has a specific topic in mind. The reporter system works beautifully when it is paired with the digest system. One can think of the digests as an index for all federal and state case law. All of West’s digests are organized alphabetically by topic name, and within each topic there are “key numbers” designated to each subpart of the topic. Under each key number, the cases addressing that subtopic are: listed in order of issuing court, provided a citation, and briefly summarized. The genius of this system often leaves law librarians for a loss of words. The key

6-11

Case Law Research

numbers work across jurisdictions, so if you find a case that you like in Kansas, you can use a key number to see if a similar case exists in Kentucky.

Electronically, the digest can be found on Westlaw home page under the option for Key Numbers. Like most things in Westlaw, the digest system’s origins are on the bookshelf. The first edition of the Kentucky Digest is bound in a navy blue cover and contains case law starting in 1785. The Kentucky Digest 2d is bound in baby blue, and it contains cases from 1930 to the present. The print volume of the Kentucky Digest 2d is kept up-to-date through pocket parts. Getting comfortable with the digest system is the fastest way to success as a legal researcher and writer.

A similar system of organizing cases by subject matter can be found on Lexis Advance using its LexisNexis Headnote system. A user can browse legal topics, select the nearest match, and then use post-search filters to limit the type of resource (i.e., case, regulation, statute) and jurisdiction. There is not a print version of this tool.

C. [6.13] Search Terms: Best Practices

Online databases like Westlaw, Lexis Advance, Bloomberg Law, and Ravel allow a researcher to input search terms to find relevant case law. This is the double-edged sword of the Internet. Novice researchers believe that they can search their way to the best cases, when in fact, using the controlled language of a digest would produce more accurate results. When using online searching, some best practices would include: using advanced search features, applying pre-search filters, using terms and connectors, and applying post-search filters.

D. [6.14] Review Citations

When you find a case that is relevant, review that case for citations to additional legal authorities.

E. [6.15] Importance of Citators

When you have found a relevant case it is imperative to use a citator. The citator’s purpose is two-fold: (1) it determines if the case you have found is still good law and (2) it will help you find additional authorities on your chosen subject. Each commercial legal database has its own citator for cases: Lexis Advance uses Shepard’s, Westlaw asks users to investigate the Citing References tab, Bloom-berg Law has BCite Analysis, and Ravel’s citator system is incorporated into the display. A citator requires a researcher to input a legal citation and the output is a list of sources (e.g., cases, secondary sources, appellate briefs, etc.) that mention the original citation. Sometimes the subsequent material gives an in-depth discus-sion of your case, and sometimes it is merely a mention for a small proposition. Whatever the result, it is necessary that a researcher use a citator on all cases used

6-12


in court pleadings. Shepard’s is still produced in print, but most law libraries have moved away from carrying print versions of this tool.

VII. [6.16] Summary of Key Points

• Kentucky is a common law jurisdiction.• Before 1976, the Court of Appeals was the highest state court

in Kentucky. In 1976, the highest court was renamed the Supreme Court of Kentucky, and the intermediate appellate court was created and assumed the title of Court of Appeals.

• Reported decisions are drawn from appellate level cases.• Before 1880, Kentucky’s cases were reported in nominative

reporters. Researchers might come across a strange citation when looking at old Kentucky case law, but they can use the conversion table in this chapter discover the correct Kentucky Reports to examine.

• When searching for Kentucky case law, begin with second-ary sources on your topic. Follow up that research by looking at the digest system.

VIII. [6.17] Conversion Table: Kentucky Reports to Nominative Reports (1785-1879)19

Kentucky Reports Nominative Reporter

Blue Book Citation

Years Covered

1 Kentucky Reports Hughes 1 Ky. (Hughes) 1785-1801

2 Kentucky Reports Sneed 2 Ky. (Sneed) 1801-1805

3 Kentucky Reports Hardin 3 Ky. (Hardin) 1805-1808

19 Thank you to Shaun Esposito for compiling a portion of this table in an earlier edition of this book.

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Case Law Research


Blue Book Citation

Years Covered

4 Kentucky Reports 1 Bibb 4 Ky. (1 Bibb)

1808-18175 Kentucky Reports 2 Bibb 5 Ky. (2 Bibb)



8 Kentucky Reports 1 A.K. Marshall 8 Ky. (1 A.K. Mar-shall)

1817-18219 Kentucky Reports 2 A.K. Marshall 9 Ky. (2 A.K. Mar-shall)

10 Kentucky Reports 3 A.K. Marshall 10 Ky. (3 A.K. Mar-shall)

11 Kentucky Reports 1 Littell 11 Ky. (1 Litt.)

1822-1824





16 Kentucky Reports Littell’s Selected Cases

16 Ky. (1 Litt. Sel. Cas.) 1795-1821

17 Kentucky Reports 1 T.B. Monroe 17 Ky. (1 T.B. Mon.)

1824-1828







6-14



Blue Book Citation

Years Covered

24 Kentucky Reports 1 J.J. Marshall 24 Ky. (1 J.J. Marsh.)

1829-1832







31 Kentucky Reports 1 Dana 31 Ky. (1 Dana)

1833-1840









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Case Law Research


Blue Book Citation

Years Covered

40 Kentucky Reports 1 B. Monroe 40 Ky. (1 B. Mon.)

1840-1857


















6-16



Blue Book Citation

Years Covered

58 Kentucky Reports 1 Metcalfe 58 Ky. (1 Met.)

1852-186359 Kentucky Reports 2 Metcalfe 59 Ky. (2 Met.)



62 Kentucky Reports 1 Duvall 62 Ky. (1 Duv.)1863-1866

63 Kentucky Reports 2 Duvall 63 Ky. (2 Duv.)

64 Kentucky Reports 1 Bush 64 Ky. (1 Bush)

1866-1879














7-1

Administrative Law

*Originally written by Amy Beckham Foster in 2005. Updated in 2016 by Beau Steenken.


7

ADMINISTRATIVE LAW

AMY BECKHAM FOSTER*Boone County Public Library

Union, Kentucky

BEAU STEENKEN*University of Kentucky


7-2


7-3

Administrative Law

I. [7.1] Introduction .........................................................................7-5

II. [7.2] History ..................................................................................7-5

III. [7.3] Current Regulations ............................................................7-6A. [7.4] Rulemaking and Promulgating

Regulations .............................................................7-6B. [7.5] Finding Regulations ................................................7-7C. [7.6] Updating Regulations .............................................7-8D. [7.7] Administrative Decisions & Guidance ...................7-8E. [7.8] Opinions of the Attorney General ...........................7-9

7-4


7-5

Administrative Law


Administrative law has been defined as the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action. An administrative agency is a governmental authority, other than a court or a legislative body, that affects the rights of private parties through either adjudication, rule making, investigating, prosecuting, nego-tiating, settling, or informally acting.1

Until recently, the availability of state administrative materials varied greatly. In 1965, fourteen states published administrative codes. By 2000, this number had expanded to forty states plus the District of Columbia.2 For most of these states, the publication of these administrative materials closely resembles the publication of the federal administrative regulations published in the Code of Federal Regulations. In this regard, Kentucky is no exception.

II. [7.2] History

Over the years, various attempts were made to organize and make avail-able the regulations of the various Kentucky agencies.3 In 1942, the “State Agency Regulations Filings Act,” which dealt with the making, filing, and compilation of regulations, was passed by the Kentucky General Assembly.4 While this act contained elaborate provisions for a Codification Board and the publication of an Administrative Code with a periodical supplement, there was little satisfaction with the degree of availability of administrative regulations produced under this arrangement.5 Ten years later, the General Assembly passed the “1952 State Agency Law.”6 This law dealt with the filing and distribution of administrative regulations and the effect of such filings and their distribution.7 A third piece of legislation dealing with the organization of regulations was passed by the 1956 legislature. Senate Bill 7 mandated that the Legislative Research Commission, “shall compile, publish, and distribute the regulations filed by the state agencies...”. The bill also went on to name this compilation the Kentucky Administrative Regulations Service (sometimes referred to herein as the “KAR”).8 The 1960s saw no significant legisla-

1 Davis, Kenneth. Administrative Law and Government. 2d ed. St. Paul: West Pub., 1975. 6. 2 Berring, Robert C., and Elizabeth A. Edinger. Finding the Law. 12th ed. St. Paul, Minn.:

Thomson/West, 2005. 267.3 Among the sporadic publications that contained regulatory information was a 1946 volume

titled Kentucky’s Administrative Code, which contained all effective regulations of the state agencies. Later, a supplement to this Kentucky Administrative Code was published. This was a precursor to today’s Administrative Register of Kentucky.

4 1942 Ky. Acts 178.5 Akers, Dee Ashley. “The 1952 State Agency Law.” Ky. L.J. 41 no. 15 (1952-53).6 1952 Ky. Acts 63.7 Akers, supra at 17.8 1956 Ky Acts, Ex. Session 6.

7-6


tion with regard to the publication and organization of administrative regulations in Kentucky. In 1972, Senate Bill 359 amended KRS Chapter 13, which dealt with administrative regulations.9

The Kentucky Legislature in 1974 passed Senate Bill 172 which again amended KRS Chapter 13. Most significantly, this piece of legislation was re-sponsible for creating the Administrative Register of Kentucky. This development was significant in that it provided a means by which regulations could be updated monthly. Senate Bill 172 also required that each administrative body review its existing regulations and re-promulgate those regulations which it wished to re-main in effect.10 At various times, other changes have been made to the statutes governing the administrative regulations, although no legislation has been passed to significantly alter the current publication format of regulations in Kentucky.

Until 1984, KRS Chapter 13 contained the statutory provisions govern-ing administrative regulations in Kentucky. This included, among other things, guidelines for state agencies as to the publication requirements for regulations and provisions regarding the role of the Kentucky Legislative Research Commission in providing assistance to the agencies. In 1984, the General Assembly passed a bill creating a new chapter of the Kentucky Revised Statutes to deal with regulations.11 This new Chapter 13A is still in force today and contains the current statutes deal-ing with the KAR.

III. [7.3] Current Regulations

Prior to 1974, administrative regulations were drawn up by the filing agencies in various formats, bearing any number the agency chose to assign. Num-bering adhered to no particular system, was confusing to most users, and difficult to cite. First published in its present format in 1975, the Kentucky Administrative Regulations Service is published each August by the Kentucky Legislative Research Commission. This eight volume set contains all current regulations as of July 15 of the publication year.

A. [7.4] Rulemaking and Promulgating Regulations

An administrative agency may not simply put an administrative regula-tion in force. When an administrative body promulgates (or files) an administra-tive regulation, it is published in its entirety in the Administrative Register.12 The administrative body schedules a public hearing and accepts written comments on the administrative regulation until the end of the calendar month in which it was

9 1972 Ky. Acts 180.10 1 Ky. Admin. Reg. 1 (August 1974).11 1984 Ky. Acts 417.12 KRS 13A.050.

7-7

Administrative Law

published.13 After the public hearing and public comment period, the administrative body is required to consider all comments received regarding the administrative regulation and to summarize those comments in a Statement of Consideration.14 The summary is sent to those individuals who attended the hearing or submitted comments if they request a copy. In addition, any legislators who wish to do so may request a copy of the comments.15 The administrative regulation is then reviewed by the Administrative Regulation Review Subcommittee and, subsequently, by a subject matter committee prior to its taking effect.16 After the passage, in ac-cordance with the KRS, the administrative regulations compiler maintains a file of administrative regulations and other statutorily-required documents along with “suitable indexes.”17 The Administrative regulations compiler is also responsible for the preparation of the KAR and other administrative duties with regard to the regulations.18

B. [7.5] Finding Regulations

The last volume of the KAR contains a variety of finding aids. Starting with a KRS citation, the researcher can go to the KRS index (found on the colored pages at the back of the volume) and use the cross reference table to find relevant Kentucky regulations. A traditional subject index is also found on colored pages following the KRS index. This index uses a basic topical approach, and while it is often cumbersome to use because of its lack of detail, it is the only hard copy subject index available for the KAR.

Finally, the colored pages at the end of Volume 8 provide a table of regu-lations not printed in the current volumes. Should a regulation not appear in the current KAR, this table will provide information with regard to action taken on the regulation. Among the actions which may lead to the regulation not appearing in the current KAR are the repeal or expiration of the regulation or the regulation having been withdrawn or rejected. As an additional finding tool to locating a regulation, the front of each volume contains an outline of all of the volumes and chapters for the entire KAR set.

The KAR is widely available in print at law libraries and many university libraries throughout Kentucky. The Legislative Research Commission also makes an electronic reproduction available on its website.19 Furthermore, commercial electronic legal research services, such as Westlaw, LexisNexis, and Bloomberg Law, make the KAR in electronic form available to subscribers.

13 KRS 13A.270.14 KRS 13A.280.15 Id.16 KRS 13A.290.17 KRS 13A.040(4).18 KRS 13A.040.19 “Kentucky Administrative Regulations,” Kentucky Legislature, <http://www.lrc.ky.gov/

kar/frntpage.htm> (last visited Dec. 1, 2015).

7-8


C. [7.6] Updating Regulations

As with federal regulations, Kentucky regulations are often updated and amended. To verify the present effectiveness of a particular regulation, it is neces-sary to review the Administrative Register of Kentucky which is also published by the Legislative Research Commission. Published on the first day of each month, the Administrative Register of Kentucky is the state counterpart to the Federal Register.

Like the KAR, three finding aids are provided in the Administrative Reg-ister of Kentucky to assist in finding regulations. These finding aids can be found in the colored pages at the back of each monthly issue. The first finding aid is the cumulative locator index which requires the researcher to use a citation to a regula-tion to refer to a page number in the current volume of the Administrative Register. This locator index will also give the effective dates for regulations following the completion of the review process. References are also provided to regulations listed in the previous volume of the Administrative Register of Kentucky which had not yet gone into effect when the current Kentucky Administrative Regulations Service was published.

To ensure the currency of regulations, always use the locator index in the most recent issue of the Administrative Register of Kentucky. Also, like the KAR, each monthly issue of the Administrative Register of Kentucky contains a cross reference table to the KRS as well as a subject index.

Note that electronic versions of regulations may or may not be updated for currency. Researchers are encouraged to make note of the currency information pro-vided by the electronic publisher in question and update their research accordingly.

D. [7.7] Administrative Decisions & Guidance

While the KAR provides a comprehensive compilation of Kentucky agency regulations, there is no one source through which a researcher may gain access to the administrative decisions and other guidance issued by Kentucky’s many government agencies. Fortunately, Kentucky’s agencies maintain their own websites. Agencies often publish notices and information meant for the public on their websites. Sometimes an agency’s website will also include records of ad-ministrative decisions issued by the agency, though this practice is not universal. Researchers may find the website address and other contact information for all of Kentucky’s agencies via the state government’s website, Kentucky.gov.20 Research-ers may also find select administrative decisions from Kentucky on Westlaw or LexisNexis, and to a lesser extent Bloomberg Law.21

20 “Agency Listing,” Kentucky.gov, <http//www.kentucky.gov/government/Pages/agency.aspx> (last visited Dec. 1, 2015).

21 Bloomberg Law focuses mainly on commercial fields. As of December 2015, Bloomberg Law features Kentucky administrative materials solely from the Kentucky Department of Revenue and the Kentucky Department of Financial Institutions.

7-9

Administrative Law

Many agencies also produce administrative records in print, though finding print copies can be challenging, as many law libraries have been moving towards maintaining electronic rather than print collections. Unfortunately, this means that researchers may encounter a gap if looking for administrative materials that pre-date the modern internet era. The Kentucky Department of Libraries and Archives (“KDLA”) does hold public records, including materials related to state agencies, in the state archives, so researchers interested in older administrative decisions are encouraged to check with the state archives as a first step. Information on using the archives to research is available on the KDLA’s website.22

E. [7.8] Opinions of the Attorney General

While administrative materials produced by other agencies chiefly concern interpreting the rules of those specific agencies, the Office of the Attorney General issues opinions that touch not only upon administrative rules but also any question of law of public interest.23 As such, Opinions of the Attorney General (“OAGs”) can be a valuable resource not just for researchers of Kentucky administrative law, but also researchers of Kentucky statutory, case, or constitutional law.

In Kentucky, most OAGs are selected for publication, while some are deemed to be unpublished. Unpublished opinions can be quite difficult to find, though the University of Kentucky College of Law Library maintains a partial col-lection, and researchers can sometimes find them in the Kentucky state archives. Researchers with interest in an unpublished OAG are encouraged to contact a legal reference librarian for assistance.

Published OAGs may be found in a series published by Baldwin’s/West Publishing now published as Kentucky Attorney General Opinions. (Earlier years can be found under the title Opinions of the Attorney General of Kentucky.) This title can easily be found in print in all of the public law libraries, as well as many university libraries, in the Commonwealth. Law libraries in neighboring states may also have print copies available. Furthermore, HeinOnline includes nearly the full run of the title in its State Attorney General Reports and Opinions Collection. Researchers may also find published OAGs from 1992 onwards on the Kentucky Office of the Attorney General website,24 and Westlaw and LexisNexis both feature Kentucky OAGs from the mid-1970s onwards.

22 “Visiting the Archives,” Kentucky Department for Library and Archives, <http://www.kdla.ky.gov/researchers/pages/visitingthearchives.aspx> (last visited Dec. 1, 2015).

23 See KRS 15.025.24 “Opinions of the Attorney General,” Office of the Attorney General, <http://www.ag.ky.

gov/civil/opinions/pages/default.aspx> (last visited Dec. 4, 2015).

7-10


8-1

Legal Ethics Research


8

LEGAL ETHICS RESEARCH



8-2


8-3


I. [8.1] Sources of Kentucky Ethics Law .......................................8-5A. [8.2] Introduction .............................................................8-5B. [8.3] Kentucky Rules of Professional Conduct ...............8-5C. [8.4] Formal and Informal Advisory Opinions ................8-6D. [8.5] Case Law ................................................................8-8

II. [8.6] Researching Kentucky Legal Ethics ..................................8-8A. [8.7] Major Resources .....................................................8-8

1. [8.8] Kentucky Legal Ethics Deskbook, 5th ed. (UK/CLE) (2016) .........................8-8

2. [8.9] Kentucky Bar Association Ethics Opinions ...................................................8-9

B. [8.10] Case Law ................................................................8-9C. [8.11] Treatises ................................................................8-10

III. [8.12] General Legal Ethics Research Tools ..............................8-10A. [8.13] Introduction ...........................................................8-10B. [8.14] Ethics Manuals ......................................................8-10C. [8.15] Using Shepard’s Professional and Judicial

Conduct Citations to Find Case Law ....................8-11D. [8.16] Treatises ................................................................8-11E. [8.17] Websites ................................................................8-12

IV. [8.18] Researching Unauthorized Practice of Law ...................8-13

V. [8.19] Judicial Ethics Research ...................................................8-14

VI. [8.20] Appendix ...........................................................................8-14A. [8.21] KBA Ethics Hotline Committee ...........................8-14B. [8.22] SCR 3.530 Advisory Opinions –

Informal and Formal .............................................8-15

8-4


8-5


I. [8.1] Sources of Kentucky Ethics Law


There are three sources of Kentucky ethics law with direct authority over legal practitioners: the rules of professional conduct; the ethics opinions of the state bar association; and judicial decisions of Kentucky courts and federal courts with jurisdictional authority in Kentucky. In cases for which there is no direct authority, the best sources of persuasive authority are the ethics opinions of the ABA and other states that have adopted the ABA Model Rules, judicial opinions of courts in states with similar ethics rules and precedents, and treatises by highly regarded scholars of legal responsibility and professionalism.

B. [8.3] Kentucky Rules of Professional Conduct

The Kentucky Constitution, § 116, empowers the Kentucky Supreme Court to promulgate rules of practice and procedure for the Court of Justice.1 KRS 21A.160 gives the Supreme Court explicit statutory authority to govern the conduct and activity of members of the Kentucky bar.2 Pursuant to this authority, the Court adopted the ABA Model Rules of Professional Conduct, with minor variation,3 effective January 1, 1990.4 The Kentucky Rules of Professional Conduct (“KRPC”) are incorporated in the Kentucky Supreme Court Rules as SCR 3.130. Technical details of lawyer regulation and discipline are found throughout SCR 3. The Supreme Court Rules are included in the rules volumes of both official versions of the KRS, as well as in the annually published West Group publication Kentucky Rules of Court.

In 2009, the Supreme Court adopted a major revision of the KRPC. The revised rules result from the large-scale revision of the 1983 Model Rules of Profes-sional Conduct undertaken by the American Bar Association to coincide with the start of the century. The ABA’s Ethics 2000 Commission was formed in 1997 to examine and recommend changes to the MRPC. The Commission reported a draft

1 “The Supreme Court shall, by rule, govern admission to the bar and the discipline of members of the bar.” Ky. Const. § 116.

2 The Supreme Court has delegated much of the work of attorney discipline to the Kentucky Bar Association through the provisions throughout the Supreme Court Rules.

3 Kentucky, like many states, omits the notorious “squeal rule,” Model Rule 8.3, which mandates that lawyers aware of possible misconduct by another attorney formally report these suspicions to the bar. This omission also means that ABA Model Rule 8.4 has been renumbered as KRPC 8.3 and Model Rule 8.5 as KRPC 8.5. Other variations include KRPC 1.6, which adds subsection (b)(3) authorizing release of client information “to comply with other law or a court order” and KRPC 7.1 through 7.5, which have been customized to incorporate regulation by the KBA’s Attorneys Advertising Commission.

4 The Kentucky Rules of Professional Conduct replaced the Kentucky Code of Professional Responsibility (1971-1990), which itself replaced the Kentucky Canons of Professional Responsibility (1946-1971) which replaced the Kentucky Code of Legal Ethics (1903-1946).

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rules change document to the ABA House of Delegates at the annual meeting in August of 2001 which was debated and adopted (with some changes made on the floor) at its February 2002 meeting. In 2002, a KBA committee was appointed to review new ABA rules. This committee proposed a number of rules changes which were first reviewed by the KBA Board of Governors and the Kentucky Supreme Court. Public hearings were held at the 2007 and 2008 KBA conventions. The Su-preme Court published the final version of the revised rules in an order dated April 16, 2009. Most comments centered on the belated adoption of the rule requiring the reporting of professional misconduct of other attorneys (Rule 8.3), but other revisions included major changes to rules concerning contingent fees (1.5(c)), confidentiality (1.6 and 4.1), an attorney’s duty when the client is an organization (1.13), duties to non-clients (3.4(g)), trial publicity (3.6), inadvertently sent docu-ments (4.4) and unauthorized practice of law and multijurisdictional practice (5.5). There were also changes to rules relating to conflict of interest, duties to former clients, withdrawal of representation, special responsibilities of a prosecutor, com-munication with represented parties, and fee-sharing.

C. [8.4] Formal and Informal Advisory Opinions

One major source of interpretation of the Kentucky Rules of Professional Conduct is the informal and formal advisory opinions of the KBA Ethics Commit-tee. Both formal and informal opinions are authorized by SCR 3.530. Any attorney “who is in doubt as to the propriety of any professional act contemplated by that attorney” may request “in writing or, in emergencies, by telephone to the district committee member for the requestor’s Supreme Court district for an advisory opin-ion thereon.” This section refers to what is commonly called the “Ethics Hotline.” See Section [8.21], infra. The committee member “shall attempt to promptly furnish the requestor with a telephonic answer and written informal letter opinion as to the propriety of the act or course of conduct in question.” SCR 3.530(1). Com-munications between the requestor and the district committee member “are treated as confidential,” but do not “create an attorney-client relationship.” SCR 3.530(7).

If the Chair of either the KBA Ethics or Unauthorized Practice Committees decides that the question asked is important to the entire bar, he or she may direct that a formal advisory opinion be prepared by the committee, which is then sent to the Board of Governors of the Kentucky Bar Association for approval as a formal opinion. If the opinion is approved by three-fourths of the voting members present at the meeting of the Board, it becomes a formal opinion. SCR 3.530(2). If it fails, the Board can send it back to the Committee for modification and re-submission or direct the Committee to provide the requestor an informal opinion in the form of a Chairman’s letter opinion. SCR 3.530(2).

Both informal and formal opinions “shall be advisory only,” but the re-questing attorney will not be disciplined for relying on the opinion, provided his petition “clearly, fairly, accurately and completely” stated the issue. SCR 3.530(3). Frequently, legal researchers will have other attorneys tell them that they are sure

8-7


an opinion exists on a topic, but often that attorney remembers an informal opinion that their firm sought on a requested matter. That opinion should not be relied on beyond the narrow facts of that case. However, if an informal opinion is recent, a researcher can inquire whether that opinion has or is being considered for formal opinion status5 or re-request an advisory opinion on the question. All formal opin-ions are published “in full or in synopsis” in the following edition of the Kentucky Bench & Bar, SCR 3.530(4), the official source for Kentucky ethics opinions.

In May of 2013, the Ethics Committee of the Kentucky Bar Association announced that it was withdrawing 65 of the 440 formal ethics opinions the com-mittee had released over the last five decades. The cleanup provided well-needed clarity to Kentucky lawyers seeking ethical guidance. The Ethics Committee began issuing formal ethics opinions in 1962. Its opinions were issued to interpret three different ethics codes: the Kentucky Canons of Professional Ethics, which Kentucky adhered to through 1970 (opinions E-1 to E-38), Kentucky Code of Professional Responsibility, adopted in 1971 (opinions E-49 to E-336), and the current Ken-tucky Rules of Professional Conduct, adopted in 1990 (opinions E-337 on). And these three codes themselves were subject to revision during the times they were in effect. The Committee noted that in its eighteen-month process of reviewing the 440 opinions it found that “some are obsolete, some are misleading, some are just plain wrong – a few are even amusing.” The Committee noted those opinions that were obsolete, clearly wrong, or seriously misleading had been withdrawn. Furthermore, all “retained opinions, rendered under the Code of Professional Re-sponsibility,” were marked with a note “cautioning lawyers against relying on an old opinion without checking the requirements of the current rules.”6 The hundred or so opinions rendered under the Rules of Professional Conduct were marked with a general cautionary note.

The Ethics Committee has directed attorneys to the Kentucky Bar Asso-ciation’s website at: <www.kybar.org/?page=opinsethics> for the official text of all ethics opinions currently in force. When a researcher goes to that website they will find that links for all 440 opinions have been retained but when one clicks on a withdrawn opinion, the result is an otherwise blank PDF with the number of the opinion and the heading “WITHDRAWN.” Those ethics opinions rendered under prior ethics codes but retained by the Committee, are as such in bright red at the top of the opinion. The KBA’s Ethics Opinion webpage has a search engine with simple Boolean search operators to research the retained ethics opinions.

As “only a few eccentrics keep all of the past issues”7 of the Kentucky Bench & Bar, all prior available versions of Kentucky ethics opinions (including

5 If the informal opinion has been considered and rejected, then it becomes even more im-portant to re-request an opinion from the Ethics Committee.

6 The Ethics Committee announced its revisions in “KBA Ethics Opinions Updated”, Ken-tucky Bench & Bar (May 2013), p. 60.

7 Richard H. Underwood, preface to the first edition of the Kentucky Legal Ethics Opinions and Professional Responsibility Deskbook, 1993.

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the withdrawn ones) have been reprinted in the Kentucky Legal Ethics Deskbook discussed below.

D. [8.5] Case Law

The ultimate authority in attorney disciplinary matters, after the Ken-tucky Bar Association has investigated and rendered a decision, is the Kentucky Supreme Court. In addition, when a disciplinary matter or an ethics opinion raises a constitutional issue (as controversies over the advertising and solicitation rules often do), it can result in a state or federal lawsuit. The decisions in these matters have created a body of case law on lawyer regulation. Finding case law on legal ethics is similar to finding case law on other topics, although specialized resources for such research are described in detail below.

II. [8.6] Researching Kentucky Legal Ethics

A. [8.7] Major Resources

1. [8.8] Kentucky Legal Ethics Deskbook, 5th ed. (UK/CLE) (2016)

Without doubt, the most useful resource for Kentucky ethics research is the University of Kentucky Office of Continuing Legal Education’s (“UK/CLE’s”) Kentucky Legal Ethics Deskbook (formerly titled the Kentucky Legal Ethics Opin-ions and Professional Responsiblity Deskbook), originally co-authored by Richard H. Underwood, the former chair of both the Kentucky Model Rules Committee and the KBA Ethics Committee, and Todd B. Eberle, former Director of UK/CLE. The Deskbook has since been updated and reorganized by Tracy J. Taylor, Assistant Director of UK/CLE. The work collects a vast amount of material, including all Kentucky ethics codes, all formal ethics opinions, material on judicial ethics and the unauthorized practice of law, useful tables and guides – all well-indexed and intelligently arranged.

The Fifth edition of the Deskbook is a 3-volume set. Volume I collects all the ethics rules used in Kentucky and includes the current Kentucky Rules of Professional Conduct (“KRPC”) and the now superseded Kentucky Code of Professional Responsibility (1971-1990), Kentucky Canons of Professional Re-sponsibility (1946-1971), and the Kentucky Code of Legal Ethics (1903-1946). There is also a very useful index to the KRPC with cross-references to prior codes. Various procedures, guidelines, and supplementary materials, including Kentucky Procedures for Disciplinary Enforcement (SCR 3.140-3.510), bar admission rules (SCR 2.000-2.540), and supplemental legal professionalism statements from the KBA, Kentucky Supreme Court, and the American Association of Law Schools are also included in Volume I.

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Volume II contains the bulk of the Deskbook, the complete collection of all Formal Ethics Opinions. Opinions that have been withdrawn are italicized and are included in Volume II for historical purposes. There is also an excellent index to the collection.

Volume III consists of the opinions of the KBA Unauthorized Practice Committee and is accompanied by a very useful index to these opinions. This volume also addresses judicial ethics and includes the Kentucky Code of Judicial Conduct, Opinions of the Ethics Committee of the Kentucky Judiciary, along with an index to those opinions. The Rules of the Kentucky Judicial Conduct Commission are also included. Volume III concludes with a guide to researching legal ethics questions and using the KBA Ethics Hotline to resolve ethical questions (which includes names and phone numbers of district committee members).

The Deskbook is available for purchase from the University of Kentucky College of Law Office of Continuing Legal Education, College of Law Building, Room 20, Lexington, KY 40506-0048, (859) 257-2921, fax (859) 323-9790.

2. [8.9] Kentucky Bar Association Ethics Opinions

The Kentucky Bar Association provides a web page which makes avail-able opinions of the Kentucky Bar Association’s Committees on Ethics at: <www.kybar.org/?page=opinsethics> and Unauthorized Practice of Law at: <www.kybar.org/?OpinsUnauth>; both types of opinions can also be accessed under the Resources tab. The KBA Ethics Opinions still in force (see Section [8.4], supra) from KBA E-1 to the most current opinion and Unauthorized Practice Opinions from U-1 to the latest issued opinion are available.

The ethics site also has a comprehensive collection of rules of the Su-preme Court regarding legal practice, including SCR 3.130, the Kentucky Rules of Professional Conduct. The search engine uses keywords and users can search multiple databases simultaneously. To search for ethics opinions by number, you need to search it as a keyword, putting the number in quotes. One tip: the database numbers opinions in three digits, so add zeroes to opinions prior to KBA E-100, e.g., “E-007.” The Kentucky Bar Association’s website has additional materials, including a password-protected listing of the names and phone numbers of members of the KBA Ethics Hotline. The password-protected portion of the site is available only to KBA members and includes a feature that allows members to check their CLE transcripts. The username is a member’s bar number and the default password is his or her birthday in MM/DD/YYYY format (make sure to include the forward slashes when inputting birthdate).

B. [8.10] Case Law

The two surest ways to find case law regarding attorney ethics and specific sections of the Kentucky Rules of Professional Conduct is to consult the Kentucky Digest 2d, and the Shepard’s Professional and Judicial Conduct Citations. The

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Kentucky Digest 2d, which contains cases dating back to 1930, covers this area primarily under the Attorney and Client topic heading (found in Volume 2 of the set). West has always organized this area of law a bit oddly, so it is a good idea to check both the Descriptive Word Index and the Topic Outline that precedes Attor-ney and Client. Another good case finder (described in detail below) is Shepard’s Professional and Judicial Conduct Citations. Organized by Model Rule number, it can be used to find cases on a particular section of the rules from Kentucky and every other U.S. jurisdiction.

C. [8.11] Treatises

While there is no legal treatise on legal ethics that specifically deals with Kentucky law, there are two excellent general treatises written by Kentucky at-torneys and law professors with great experience in Kentucky law. Richard H. Un-derwood, a University of Kentucky law professor and former chair of the Kentucky Model Rules Committee and KBA Ethics Committee, and William H. Fortune, also a University of Kentucky law professor, have joined to co-author Trial Ethics8 and (with Edward J. Imwinkelried) Modern Litigation and Professional Responsibility.9

III. [8.12] General Legal Ethics Research Tools


Often it is not enough to research the Kentucky materials to find an an-swer on an ethics issue. When there is nothing from Kentucky resources relevant to a topic, research into persuasive authority from other jurisdictions – both ethics opinions and judicial decisions – and from noted legal authorities is necessary. Luckily, there are some excellent resources available.

B. [8.14] Ethics Manuals

Published by the American Bar Association’s Center for Professional Responsibility and the Bureau of National Affairs, the ABA/BNA Lawyers’ Manual On Professional Conduct is “a nationally recognized multi volume compendium that functions as a complete research tool in the field of professional responsibility.” The Lawyers’ Manual has two components, Current Reports and the Reference Manual. The Current Reports “serves a dual function: it offers the researcher a topically indexed guide to new opinions as they are issued by courts and disciplin-ary agencies and also provides reports on trends in professional responsibility.” Regular features include current court decisions, new ethics opinions, and reports of ongoing disciplinary proceedings of general interest to the bar. The Reference

8 Little Brown & Co., 1988. Annually updated.9 Aspen, 2000. Annually updated.

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Manual attempts to “thoroughly analyze all subjects that come under the umbrella topic of legal ethics.” It includes the ABA Rules (full text), related State Ethics Rules (summaries), and separate chapters on: Qualifications for the Practice of Law; Lawyer-Client Relationship; Fees; Client Funds and Property; Conflicts of Interest; Confidentiality; Trial Conduct; Obligations to Third Persons; Advertis-ing and Solicitation; Types of Practice; Misconduct and Discipline; Regulation of the Bar; and Malpractice. A separate section of ethics opinions offers “the only national collection of digests of state and local bar association ethics committee opinions on matters of professional responsibility. The digests are brief synopses of ethics opinions that are organized by jurisdiction and separately indexed by topic for efficiency in research.” The full texts of recent ABA ethics opinions are also included. Subscribers to Bloomberg Law or BNA.com should have access to the ABA/BNA Lawyers’ Manual.

In addition to the ABA/BNA Manual, there are a number of useful ABA-sponsored materials on professional conduct, including the ABA Compendium of Professional Responsibility Rules & Standards (2004), the Legislative History of the Model Rules of Professional Conduct, 1982-2005 (2006), the Annotated Code of Professional Responsibility (1979), and the Annotated Model Rules of Profes-sional Conduct (2003).

C. [8.15] Using Shepard’s Professional and Judicial Conduct Citations to Find Case Law

Persons using Shepard’s only to check that the cases they use are good law will be surprised to find how useful this resource is for finding cases relevant to Kentucky’s Rules of Professional Conduct. Published in one hard-bound volume with quarterly updates, it includes references to cases from: the United States Supreme Court; federal district and circuit courts; state courts; ALR Annotations; ABA Ethics Opinions; and law journals. To use Shepard’s Professional and Judi-cial Conduct Citations, one need only look up the appropriate Model Rule to find cases and literature references regarding that section. Judicial comment on ABA and state ethics opinions can also be found with this tool.

D. [8.16] Treatises

There are several useful treatises concerning professional responsibility, but the most respected (and most judicially cited) are Charles W. Wolfram’s Modern Legal Ethics10 and Geoffrey C. Hazard, Jr., and W. William Hodes’ The Law of Lawyering: A Handbook on the Model Rules of Professional Conduct.11 Somewhere between being a treatise and being a form of law is the Restatement of the Law Governing Lawyers (2000). The Restatement includes chapters on: Regulation of the Legal Profession; The Client-Lawyer Relationship; Client and Lawyer: The

10 West, 1986. This work has both “Hornbook” and “Practitioner” versions.11 Prentice Hall Law & Business, 1999. 2d edition. Annually updated.

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Financial and Property Relationship; Lawyer Civil Liability; Confidential Client Information; Representing Clients – In General; Representing Clients in Litigation; and Conflict of Interest.

Other treatises of interest include Ronald E. Mallen and Jeffrey M. Smith’s Legal Malpractice,12 an authoritative volume treatise on attorney malpractice, Richard H. Underwood and William H. Fortune’s Trial Ethics,13 and Fortune, Underwood and Edward J. Imwinkelried’s Modern Litigation and Professional Responsibility Handbook.14

For more on the ABA rules, the author highly recommends Annotated Model Rules of Professional Conduct, 8th ed. (2015). Each rule is followed by a discussion of how the rule has been applied and is annotated with “citations to thousands of court cases, ethics opinions, law review articles, and internet resources, as well as treatises, the Restatement (Third) of the Law Governing Lawyers, and the legislative history of the Model Rules.” Also useful is the 932-page Legislative History: The Development of the ABA Model Rules of Professional Conduct, 1982-2013 (2013) which excerpts many ABA sources, including reports to the House of Delegates and transcripts of House debates, in order to illustrate the intent of the drafters of the rules.

E. [8.17] Websites

A top-flight web resource for researching the ethics law of other states is Cornell Law School’s Legal Information Institute: American Legal Ethics Library, avilable at: <http://www.law.cornell.edu/ethics/>. This resource “contains both the codes or rules setting standards for the professional conduct of lawyers and commentary on the law governing lawyers, organized on a state by state basis.” The site includes the American Bar Association’s ethics materials and narratives on the law of lawyering from several states, including most of those with the larg-est lawyer populations as contributed by “major law firms and legal academics, working on a pro bono basis.” The codes of professional responsibility for those jurisdictions are also included, along with those from several additional states “for which narratives are in progress.”

The American Bar Association Center for Professional Responsibility’s website, <http://www.americanbar.org/groups/professional_responsibility.html>, is not to be ignored, especially its Ethics 2000 section, devoted to the ABA’s effort to revise the Model Rules of Professional Conduct. The site has all the Ethics 2000 documents online, and offers an online store to purchase its publications.

12 Thomson-West, 2005. Recently switched from a loose-leaf format to two softbound vol-umes; it appears that Thomson will reissue it annually.

13 Little Brown & Co., 1988. Annually updated.14 Aspen, 2000. Annually updated.

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IV. [8.18] Researching Unauthorized Practice of Law

The unauthorized practice of law is firstly a matter of criminal law to be prosecuted and punished by the courts, but when it occurs on the fringes of legitimate legal practice it becomes a more traditional legal ethics topic to be regulated by the Supreme Court and the Kentucky Bar Association as an instrument of the Supreme Court. KRS 524.130 declares that any person who “engages in the practice of law, as defined by rule of the Supreme Court” is “guilty of unlawful practice of law,” a Class B misdemeanor.15 SCR 3.020 defines the practice of law as “any service rendered involving legal knowledge or legal advice, whether of representation, counsel or advocacy in or out of court, rendered in respect to the rights, duties, obligations, liabilities, or business relations of one requiring the services.”

A number of Supreme Court Rules regulate unauthorized practice, espe-cially when it relates to the legal practices of licensed attorneys. SCR 3.130(5.5) bars Kentucky attorneys from practicing law in a jurisdiction where they are not licensed and assisting any “person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.” SCR 3.130(5.5)(b).16 The preface to SCR 3.700, which governs the activities of paralegals, states among its purposes the prevention of unauthorized practice of law, and its very first rule, Sub-Rule 1, states that a “lawyer shall ensure that a paralegal in his employment does not engage in the unauthorized practice of law.”

Researching criminal unauthorized practice is relatively easy. Researchers need only look up KRS 524.130 in one of the two annotated codes. To research the regulatory side of the issue, especially the grey lines that often exist between the activities performed by lawyers, paralegals, and legal assistants in firms or between attorneys and other professionals (such as accountants), one must consult the advisory opinions of the KBA’s Unauthorized Practice of Law Committee. Like the Ethics Committee, this committee is authorized to issues opinions under SCR 3.530. The Unauthorized Practice of Law Opinions are also published officially in the Kentucky Bench & Bar, but they are most easily researched in UK/CLE’s Kentucky Legal Ethics Deskbook, 5th ed. (2016), which has a very useful index.

15 KRS 524.130 Unauthorized Practice of Law:

(1) Except as provided in KRS 341.470 and subsection (2) of this section, a person is guilty of unlawful practice of law when, without a license issued by the Supreme Court, he engages in the practice of law, as defined by rule of the Supreme Court.

(2) A licensed nonresident attorney in good standing, although not licensed in Kentucky, is not guilty of unlawful practice if, in accordance with rules adopted by the Supreme Court, he practices law under specific authorization of a court.

(3) Unlawful practice of law is a Class B misdemeanor.16 SCR 3.470 also bars attorneys from assisting any person or entity in the unauthorized

practice of law.

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V. [8.19] Judicial Ethics Research

The Kentucky Constitution authorizes the Supreme Court of Kentucky to establish the Kentucky Code of Judicial Conduct, which code has been incor-porated in SCR 4.300.17

The code applies both to judges and candidates for judicial office. Supreme Court Rule 4.310 establishes an ethics committee to render informal and formal advisory opinions concerning questions of ethical concern posed by judicial of-ficials. The formal opinions of the Ethics Committee are to be published, but SCR 4.310 does not designate an official place of publication (as SCR 3.530 designates the Kentucky Bench & Bar for advisory ethics and unauthorized practice opinions). Fortunately, they can be found in the Kentucky Legal Ethics Deskbook, discussed above. Judicial Ethics opinions can also be found online at: <courts.ky.gov/com-missionscommittees/JEC/Pages/JECOpinions.aspx>.

Section 121 of the Kentucky Constitution creates a Kentucky Judicial Conduct Commission with powers to remove judges for “good cause.” The Su-preme Court is given the power of appointing members to the commission and to establish rules of procedure.18 The Rules of the Kentucky Judicial Conduct Com-mission are incorporated in SCR 4.000-4.290. All of these resources are reprinted in the Deskbook.

Useful treatises to consider include: James J. Alfini et al., Judicial Con-duct and Ethics, 5th ed. (LexisNexis, 2015) and the ABA Model Code of Judicial Conduct: 2011 (ABA, 2010).

VI. [8.20] Appendix

A. [8.21] KBA Ethics Hotline Committee

This service is available only to members of the Kentucky Bar Association, who may request guidance only as to their own contemplated conduct. Pursuant

17 “The Supreme Court shall, by rule, govern admission to the bar and the discipline of mem-bers of the bar. The Supreme Court shall have the power to prescribe rules governing its appellate jurisdiction, rules for the appointment of commissioners and other court person-nel, and rules of practice and procedure for the Court of Justice.” Ky. Const. § 116.

18 “Subject to rules of procedure to be established by the Supreme Court, and after notice and hearing, any justice of the Supreme Court or judge of the Court of Appeals, Circuit Court or District Court may be retired for disability or suspended without pay or removed for good cause by a commission composed of one judge of the Court of Appeals, selected by that court, one circuit judge and one district judge selected by a majority vote of the circuit judges and district judges, respectively, one member of the bar appointed by its governing body, and two persons, not members of the bench or bar, appointed by the Governor. The commission shall be a state body whose members shall hold office for four-year terms. Its actions shall be subject to judicial review by the Supreme Court.” Ky. Const. § 121.

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to SCR 3.350, advisory ethics opinions may be informal or formal. Inquiries to Hotline committee members ordinarily will result in a telephonic answer and a written informal letter opinion. Formal opinions are reserved for issues of general importance and are subject to approval of the Board of Governors. For an informal Hotline opinion, please contact a committee member listed in your District.

B. [8.22] SCR 3.530 Advisory Opinions – Informal and Formal

(1) The Ethics Committee and the Unauthorized Practice Committee are authorized to issue informal opinions, and to submit to the Board for its action formal opinions, on questions of ethics or unauthorized practice, as applicable.

(2) Any attorney licensed in Kentucky or admitted under SCR 3.030(2), who is in doubt as to the ethical propriety of any professional act contemplated by that attorney may request an informal opinion. The President shall designate members of the Ethics Committee to respond to such requests. Ordinarily, the request shall be directed to a member of the requestor’s Supreme Court district. Such request shall be in writing or by telephone followed by a request in writing. The committee member to whom the request is directed shall attempt to furnish the requesting attorney with a prompt telephonic answer and written informal letter opinion as to the ethical propriety of the act or course of conduct in question. A copy of any such informal opinion shall be provided to the Director for safekeeping and statistical purposes, and to the Chair of the Ethics Committee, to determine whether the informal opinion has broader application.

(3) Communications between the requesting attorney and the Ethics Committee member shall be confidential. However, the requesting and giving of advice under this Rule does not create an attorney-client relationship. In order to promote uniformity of advice, redacted copies of informal opinions may be circulated among members of the Ethics Committee, as applicable, provided that such confidentiality is preserved.

(4) If the Ethics Committee determines an ethical issue to be of sufficient im-portance, the Committee may issue and furnish to the Board of Governors a proposed opinion authorized by such Committee for approval as a formal opinion. Such approval shall require a vote of threefourths of the voting members present at the meeting of the Board. If the Board is unable to ap-prove of the opinion as written, then the Board may return the matter to the Committee for further review and consideration, or may modify the opinion and approve the opinion as modified by the three-fourths vote, or may direct the Committee to furnish the requesting attorney, if any, with an informal opinion in the form of a Chair’s letter opinion, with a copy to the Director.

(5) Both informal and formal opinions shall be advisory only; however, no attorney shall be disciplined for any professional act performed by that attorney in compliance with an informal opinion furnished by the Ethics

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Committee member pursuant to such attorney’s written request, provided that the written request clearly, fairly, accurately and completely states such attorney’s contemplated professional act.

(6) Any attorney licensed in Kentucky who is in doubt as to the propriety of any course of conduct or act of any person or entity which may constitute the un-authorized practice of law may make a request in writing, or in emergencies, by telephone, to the Chair of the Unauthorized Practice Committee, or such other members of the Unauthorized Practice Committee as are designated by the Chair, for an advisory opinion thereon. Local bar associations may also request advisory opinions. The Committee member to whom the request is directed shall bring this matter to the attention of the Committee at its next meeting. The Committee may attempt to furnish the requesting attorney with a prompt telephonic answer and written informal letter opinion as to whether the conduct constitutes the unauthorized practice of law. A copy of such informal opinion shall be provided to the Director and the Chair of the Unauthorized Practice Committee.

(7) Any attorney licensed in Kentucky or admitted under SCR 3.030(2) who is in doubt as to the ethical propriety of any professional act contemplated by that attorney with respect to the unauthorized practice of law shall be referred to the Ethics Committee district member for an informal opinion as set forth in (2) and (3). Communications about such an inquiry between the requesting attorney and the unauthorized practice committee member, and between the committee members of the two committees, shall be con-fidential.

(8) The requesting and giving of advice by the Unauthorized Practice Committee under this Rule does not create an attorney/client relationship.

(9) If the Unauthorized Practice Committee determines an issue regarding the unauthorized practice of law to be of sufficient importance, the Committee may issue and furnish to the Board of Governors a proposed opinion autho-rized by such Committee for approval as a formal opinion. Such approval shall require a vote of three-fourths of the voting members present at the meeting of the Board. If the Board is unable to approve the opinion as written, then the Board may return the matter to the Committee for further review and consideration, or may modify the opinion and approve the opinion as modified by the three-fourths vote, or may direct the Committee to furnish the requesting attorney, if any, with an informal opinion in the form of a Chair’s letter opinion, with a copy to the Director.

(10) Ethics Committee and Unauthorized Practice Committee members shall be immune from suit for advice given in the performance of duties under this Rule.

(11) All formal opinions of the Board arising from either Committee shall be published in full or in synopsis form, as determined by the Director, in the

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edition of the Kentucky Bench & Bar next issued after the adoption of the opinion.

(12) Any person or entity aggrieved or affected by a formal opinion of the Board may file with the clerk within thirty (30) days after the end of the month of publication of the Kentucky Bench & Bar in which the full opinion or a synopsis thereof is published, a copy of the opinion, and, upon motion and reasonable notice in writing to the Director, obtain a review of the Board’s opinion by the Court. The Court’s action thereon shall be final and the Clerk shall furnish copies of the formal order to the original petitioner, if any, the movant and the Director. The movant shall file a brief in support of the review, and the Director may file a response brief thirty days thereafter.

(13) The filing fee for docketing a motion under paragraph (7) of this Rule 3.530 shall be as provided by Civil Rule 76.42(1) for original actions in the Su-preme Court.

HISTORY: Amended by Order 2006-09, eff. 1-1-07; prior amendments eff. 1-1-97 (order 96-1); 11-1-95, 11-15-91, 12-31-80, 1-1-78, 12-4-74, 7-2-71.

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9-1

Secondary Sources


9

KENTUCKY SECONDARY SOURCES

FRANKLIN L. RUNGEUniversity of Kentucky


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9-3

Secondary Sources

I. [9.1] Introduction .........................................................................9-5

II. [9.2] List of Secondary Sources ..................................................9-6A. [9.3] Administrative Law ................................................9-6B. [9.4] Alcohol ...................................................................9-6C. [9.5] Appellate Practice ...................................................9-6D. [9.6] Bankruptcy ..............................................................9-7E. [9.7] Civil Litigation Practice and Procedure ..................9-7F. [9.8] Collection Law ........................................................9-9G. [9.9] Commercial Law ....................................................9-9H. [9.10] Constitutional Law ................................................9-10I. [9.11] Construction Law ..................................................9-10J. [9.12] Consumer Law ......................................................9-10K. [9.13] Corporations and Other Business Entities ............9-10L. [9.14] Criminal Law and Procedure ................................9-11M. [9.15] Damages ...............................................................9-12N. [9.16] Education Law ......................................................9-13O. [9.17] Elder Law ..............................................................9-13P. [9.18] Election Law .........................................................9-13Q. [9.19] Employment Law ..................................................9-13R. [9.20] Equine Law ...........................................................9-15S. [9.21] Ethics and Professional Responsibility .................9-15T. [9.22] Evidence ...............................................................9-16U. [9.23] Family Law ...........................................................9-16V. [9.24] Form Books ..........................................................9-17W. [9.25] Government ..........................................................9-17X. [9.26] Health Law ............................................................9-17Y. [9.27] Insurance ...............................................................9-18Z. [9.28] Intellectual Property ..............................................9-18AA. [9.29] Jury Instructions ....................................................9-18BB. [9.30] Motor Vehicles ......................................................9-19CC. [9.31] Probate, Estates, Wills, and Trusts ........................9-19DD. [9.32] Products Liability ..................................................9-20EE. [9.33] Property and Real Estate .......................................9-20FF. [9.34] Reference Books ...................................................9-21GG. [9.35] Securities Law ......................................................9-21HH. [9.36] Statutes of Limitation ...........................................9-22II. [9.37] Tax ........................................................................9-22JJ. [9.38] Torts ......................................................................9-22KK. [9.39] Workers’ Compensation ........................................9-23

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9-5

Secondary Sources


If the outline of this book mirrored the ideal research process, this chapter should be at the front of this research manual. Successful legal research begins with secondary sources.

A recent survey and study conducted by the American Association of Law Libraries indicated troubling trends with respect to inexperienced attorneys and their approach to research tasks.1 Respondents to were asked “how often they begin research by looking in a secondary source.”2 The majority of respondents reported that they “occasionally” or “rarely” begin their research with secondary sources, and there was a significant relationship between the number of years in practice and the likelihood of examining a secondary source.3 Broadly speaking, the more experience that you had as an attorney, the more likely you were to begin by looking at a secondary source.4

The research methods exposed in this study hint at an age-old problem. Why do young attorneys not pay attention to those that went before? Why not watch the behavior patterns of people that have been successful in practice? Why re-invent the wheel, while people are speeding by on bicycles? It is incumbent upon legal research instructors to break the pattern of young attorneys hunting and pecking through broad Internet or legal database searches.

Secondary sources are not the law, instead they are commentary about the law. Secondary sources include: treatises, continuing education materials, handbooks, encyclopedias, legal periodicals, and form books. By using a treatise, a legal researcher can discover primary sources (i.e., statutes, regulations, case law) that address their research problem, and receive in-depth analysis from ex-perienced practitioners.

The most difficult part of secondary source research is finding the right one. The greatest difference between Westlaw, Lexis Advance, and Bloomberg Law is not their color scheme or search algorithm, it is their secondary source collection. If you are loyal to only one legal search engine, it is likely that you will fail when it comes to secondary sources. When in doubt, contact someone that practices in that discipline or contact a law library reference department.

The remainder of this chapter will be bibliography of available Kentucky secondary sources.5 Notably, many secondary sources are print resources that are

1 ALL-SIS Task Force on Identifying Skills and Knowledge for Legal Practice, A Study of Attorneys’ Legal Research Practices and Opinions of New Associates’ Research Skills (2013), available at: <http://www.aallnet.org/sections/all/storage/committees/practicetf/final-report-07102013.pdf>.

2 Id. at 18. 3 Id.4 Id. at 18, 35-36.5 A special thank you is directed to Amy Beckham Foster. She completed a prior version of

this chapter for the third edition of this book.

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not online. (Which is shocking to many law students.) Print is not dead. A good attorney needs to be comfortable using a law library.

The following list of secondary sources is not comprehensive, but per-haps one could call it a “greatest hits” list with many “b-sides” thrown in for good measure. The author tried to focus on reputable sources that are current. Where possible, it is indicated how often a resource is updated.

II. [9.2] List of Secondary Sources

A. [9.3] Administrative Law

Kentucky Administrative LawUK/CLE (2006), 2d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Administrative Law Resource GuideWilliam A. HilyerdUK/CLE (2009), 1st ed., atypical update scheduleAvailability: CD

Kentucky Administrative Procedures Act: KRS 13B AnnotatedMatthew L. MooneyUK/CLE (2000), 1st ed., atypical update scheduleAvailability: Print and Lexis Advance

B. [9.4] Alcohol

D.U.I. Law in KentuckyBryan N. West and John Kevin WestUK/CLE (2001), 2d ed., atypical update scheduleAvailability: Print and Lexis Advance

Driving Under the Influence Law (Kentucky Handbook Series)Stanley Billingsley and Wilbur M. ZevelyWest/Banks-Baldwin (2015-2016), new editions are released annuallyAvailability: Print and Westlaw

C. [9.5] Appellate Practice

Kentucky Practice: Appellate PracticeSheryl G. Snyder, Griffin Terry Sumner and Matthew C. BlickensderferThomson/West (2006), 1st ed., vol. 19 of series, updated annually in print and onlineAvailability: Print and Westlaw

9-7

Secondary Sources

D. [9.6] Bankruptcy

Consumer Bankruptcy Law ConferenceUK/CLE (1992-2016), course materials for biennial conferencesAvailability: PDF Distribution

Consumer Bankruptcy Practice in Kentucky: Chapter 7 PracticeC.R. Bowles, Jr. et al.UK/CLE (2012), 2d ed., atypical update scheduleAvailability: Print and CD

Consumer Bankruptcy Practice in Kentucky: Chapter 13 PracticeC.R. Bowles, Jr. et al.UK/CLE (2015), 2d ed., atypical update scheduleAvailability: Print and CD

Judge Joe Lee Bankruptcy InstituteUK/CLE (2005-2015), course materials for biennial conferencesAvailability: PDF Distribution

E. [9.7] Civil Litigation Practice and Procedure

Baldwin’s Kentucky Lawyer’s Handbook with Forms – Vol. 1 Civil Practice/Ap-pellate PracticeAllison Connelly, Wayne C. Daub, Stephanie A. Dietz, Dorislee Gilbert, C. Theo-dore Miller, Julie Namkin, Michael A. Richardson, Harry J. Rothgerber, David H. Vance and the Litigation Staff at Wyatt Tarrant & CombsThomson Reuters (2015-2016), vol. 1 of 3, updated annually as a print resourceAvailability: Print

Baldwin’s Kentucky Lawyer’s Handbook with Forms – Vol. 3 MiscellaneousAllison Connelly, Wayne C. Daub, Stephanie A. Dietz, Dorislee Gilbert, C. Theo-dore Miller, Julie Namkin, Michael A. Richardson, Harry J. Rothgerber, David H. Vance and the Litigation Staff at Wyatt Tarrant & CombsThomson Reuters (2015-2016), vol. 3 of 3, updated annually as a print resourceIncludes: Probate Practice, Juvenile Practice, Adoption, Termination of Pa-rental Rights, Change of Name, Eminent Domain, Small Claims and Work-ers’ CompensationAvailability: Print

Civil Remedies for Women Victimized by ViolenceCarol E. Jordan, et al.UK/CLE (2003), atypical update scheduleAvailability: Print and Lexis Advance

Kentucky Civil Practice Before TrialUK/CLE (2008), 3d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

9-8


Kentucky Civil Practice at TrialUK/CLE (2008), 3d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Civil Practice After TrialUK/CLE (2010), 3d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Practice: Civil Procedure FormsLeslie W. AbramsonThomson/West (2010), 2d ed., vols. 11 & 12 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Elements of an ActionJulie NamkinThomson/West (2015-2016), vol. 21 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Methods of PracticeRobert W. KeatsThomson/West (2007), 4th ed., vols. 4, 4A & 5 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Kentucky Motions in LimineDavid N. Finley, Erin Carlson and Bethany SchefflerThomson/West (2015-2016), vol. 20 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Kentucky Summary Judgment and Related Termination MotionsJulie Kay BakerThomson/West (2015), vol. 22 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Rules of Civil Procedure AnnotatedKurt A. Philipps, Jr. (deceased), David V. Kramer, and David W. BurleighThomson/West (2005), 6th ed., vols. 6 & 7 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Trial PracticeGary M. Weiss and Carol Dan BrowningThomson/West (1999), 2d., vol. 14 of series, updated annually in print and onlineAvailability: Print and Westlaw

9-9

Secondary Sources

Trial Handbook for Kentucky LawyersThomas L. OsborneThomson/West (2015-2016), updated annually in print and onlineAvailability: Print and Westlaw

What Civil Court Judges Want You to KnowRobert J. Foster, Nancy B. Loucks and C. Thomas MillerNBI (2011), atypical update scheduleAvailability: Print

F. [9.8] Collection Law

Collection Law in KentuckyUK/CLE (2001-2015), course materials for biennial conferencesAvailability: PDF Distribution

Collections: Seeking and Collecting a JudgmentDrayer Bott Spurlock, Roy Fugitt, Peter M. Gannot, and Steven A. SnowNBI (2011), atypical update scheduleAvailability: Print

Kentucky Collections (Kentucky Handbook Series)William R. Mapother and Thomas L. Canary, Jr.West/Banks-Baldwin (2015), new editions are released annuallyAvailability: Print and Westlaw

G. [9.9] Commercial Law

Debtor/Creditor Relations in KentuckyUK/CLE (2011), 3d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Legal Issues for Financial InstitutionsUK/CLE (2012-2015), course materials for annual conferencesAvailability: PDF Distribution

The Uniform Commercial Code of KentuckyDavid J. Leibson and Richard H. NowkaLexisNexis (2003), 3d ed., updated regularly as a looseleaf and online resourceAvailability: Print and Lexis Advance

Valuation in KentuckyWilliam D. Probus et al.UK/CLE (2004), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

9-10


H. [9.10] Constitutional Law

The Kentucky State ConstitutionRobert M. IrelandOxford University Press (2011), 2d ed., atypical update scheduleAvailability: Print

I. [9.11] Construction Law

Construction Law InstituteUK/CLE (2013-2014), course materials for biennial conferencesAvailability: PDF Distribution

J. [9.12] Consumer Law

Consumer Law in KentuckyUK/CLE (2011), 2d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

K. [9.13] Corporations and Other Business Entities

Advising the Closely-Held BusinessUK/CLE (2012), course materials for conferenceAvailability: PDF Distribution

Business Associations Law InstituteUK/CLE (2005-2015), course materials for biennial conferencesAvailability: PDF Distribution

Business Succession PlanningScott W. Dolson, et al.UK/CLE (1998), 1st ed., atypical update schedule (2d ed. slated for 2016 release)Availability: Print, CD, and Lexis Advance

Buying and Selling a Business in KentuckyScott W. Dolson, et al.UK/CLE (2002), 2d ed., atypical update scheduleAvailability: Print and CD

Kentucky Business Organizations Laws and Rules AnnotatedLexisNexis (2015-2016), new editions are released annuallyAvailability: Print

While this volume is helpful to a practitioner, its focus is on primary law and an-notations about that law, as opposed to being a true secondary source.

9-11

Secondary Sources

Kentucky Corporation LawUK/CLE (2010), 2d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Partnership LawUK/CLE (2003), 3d ed., atypical update scheduleAvailability: Lexis Advance

Kentucky Practice: Kentucky Corporation Law with FormsJames C. SeiffertThomson/West (2004), 1st ed., vol. 17 of series, updated annually in print and onlineAvailability: Print and Westlaw

Limited Liability Companies in Kentucky & Dolson’s Limited Liability Company FormsScott W. Dolson, ed.UK/CLE (2011), 1st ed., 2 volumes, atypical update scheduleAvailability: Print, CD, and Lexis Advance

Non-Profit Corporations in KentuckyJesse Mountjoy, et al.UK/CLE (1999), 3d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Professional Practice Entitles in KentuckyScott W. DolsonUK/CLE (2003), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Rutledge & Vestal on Kentucky Partnerships & Limited PartnershipsThomas E. Rutledge and Allan W. VestalUK/CLE (2010), 1st ed., atypical update scheduleAvailability: Print and CD

L. [9.14] Criminal Law and Procedure

Baldwin’s Kentucky Lawyer’s Handbook with Forms – Vol. 2 Criminal PracticeAllison Connelly, Wayne C. Daub, Stephanie A. Dietz, Dorislee Gilbert, C. Theo-dore Miller, Julie Namkin, Michael A. Richardson, Harry J. Rothgerber, David H. Vance and the Litigation Staff at Wyatt, Tarrant & CombsThomson Reuters (2015-2015), vol. 2 of 3, updated annually as a print resourceAvailability: Print

Criminal Law of KentuckyThomson Reuters (2016), new editions are released annuallyAvailability: Print

While this volume is helpful to a practitioner, its focus is on primary law and an-

9-12


notations about that law, as opposed to being a true secondary source.

Criminal Tax PracticeRobert C. WebbUK/CLE (1995), 1st ed., atypical update scheduleAvailability: Print and Lexis Advance

Evaluating Fairness and Accuracy in State Death Penalty Systems: The Kentucky Death Penalty Assessment ReportAmerican Bar Association (2011), atypical update scheduleAvailability: Print and Online at the American Bar Association’s Website

Kentucky Criminal LawGeorge G. Seelig, Robert G. Lawson and William H. FortuneLexisNexis (2008), 2d ed., updated annuallyAvailability: Print and Lexis Advance

Kentucky Criminal Offenses ManualMelinda RawlingsUK/CLE (2006), 1st ed., atypical update scheduleAvailability: Print and Lexis Advance

Kentucky Practice: Criminal Practice and ProcedureLeslie W. AbramsonThomson/West (2010), 5th ed., vols. 8 & 9 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Practice: Substantive Criminal LawLeslie W. AbramsonThomson/West (2010), 3d ed., vols. 10 & 10A of series, updated annually in print and onlineAvailability: Print and Westlaw

Trial Handbook for Kentucky LawyersThomas L. OsborneThomson/West (2015-2016), updated annually in print and onlineAvailability: Print and Westlaw

M. [9.15] Damages

Kentucky Law of Damages (Kentucky Handbook Series)Ronald W. EadesThomson/West (2016), new editions are released annuallyAvailability: Print and Westlaw

9-13

Secondary Sources

N. [9.16] Education Law

Education Law ConferenceUK/CLE (2015), course materials for conferenceAvailability: PDF Distribution

Kentucky School Laws AnnotatedLexisNexis (2014), new editions are released bienniallyAvailability: Print


O. [9.17] Elder Law

Kentucky Practice: Elder LawJennifer H. Leibson, Bernard M. Faller, Kelli Elizabeth Brown, Kelly Gannott, Carolyn L. Kenton, John Potter, Pamela H. Potter, Lori Sublett, Misty Clark Vantrease and Whitney M. WilsonThomson/West (2015), vol. 23 of series, updated annually in print and onlineAvailability: Print and Westlaw

P. [9.18] Election Law

Election Law in KentuckyUK/CLE (2001), 2d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Q. [9.19] Employment Law

An Employer’s Guide to Kentucky Wage and Hour IssuesFrost Brown Todd, LLC, Labor and Employment DepartmentKentucky Chamber of Commerce (2011), 5th ed., atypical update scheduleAvailability: Print

Business Essentials: Sample Policies & Forms for Kentucky EmployersGeorge D. Adams, Thomas J. Birchfield, Laurel K. Cornell, Cynthia Blevins Doll, Katherine A. Garbarino, Mark J. Gomsak, Raymond C. Haley, III, Wendy C. Hyland, Emily N. Litzinger, Todd B. Logsdon, Jeffrey A. Savarise, Craig P. Siegenthaler, Barry S. Spurlock, Claire M. Vujanovic and Timothy J. WeatherholtKentucky Chamber of Commerce (2013), 1st ed., atypical update scheduleAvailability: Print

Employment Law in KentuckyUK/CLE (2013), 4th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

9-14


Employment Law InstituteUK/CLE (2004-2014), course materials for biennial conferencesAvailability: PDF Distribution

The Impact of Health Care Reform on Kentucky EmployersMargaret LeviKentucky Chamber of Commerce (2014), 2d ed., atypical update scheduleAvailability: Print

The Kentucky Employee Benefits GuideC. Joseph Beavin, Sharon A. Mattingly, Mark Franklin and Elizabeth S. MuyskensKentucky Chamber of Commerce (2012), 2d ed., atypical update scheduleAvailability: Print

The Kentucky Employer’s Guide to Hiring and FiringDebra H. DawahareKentucky Chamber of Commerce (2014), 5th ed., atypical update scheduleAvailability: Print

Kentucky Employment and Labor LawDavid LeighttyData Trace Publishing (1998), updated regularly as a looseleaf resourceAvailability: Print

The Kentucky Human Resources File CabinetRobert D. HudsonKentucky Chamber of Commerce (2009), 3d ed., atypical update scheduleAvailability: Print

The Kentucky Unemployment Compensation HandbookDebra Dawahare, Edwin S. Hopson, George J. Miller and Leila G. O’CarraKentucky Chamber of Commerce (2014), 4th ed., atypical update scheduleAvailability: Print

Immigration Issues in EmploymentDan L. Owens, et al.UK/CLE (2007), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Workplace HarassmentWendy Bryant BeckerUK/CLE (2014), 4th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Understanding Human Resource Issues and Personnel Law: A Guide to Kentucky and Federal RegulationsGeorge D. Adams, Thomas J. Birchfield, Laurel K. Cornell, Cynthia Blevins Doll, Katherine A. Garbarino, Mark J. Gomsak, Raymond C. Haley, III, Wendy C. Hyland,

9-15

Secondary Sources

Emily N. Litzinger, Todd B. Logsdon, Jeffrey A. Savarise, Craig P. Siegenthaler, Megan R. U’Sellis, Claire M. Vujanovic and Timothy J. WeatherholtKentucky Chamber of Commerce (2014), 8th ed., atypical update scheduleAvailability: Print

R. [9.20] Equine Law

Equine 5: National Conference on Equine Law Materials Resource GuideUK/CLE (2016), course materials for conferences from 2011-2015Availability: CD

Equine 25: National Conference on Equine Law Materials Resource GuideUK/CLE (2010), course materials for conferences from 1986-2010Availability: CD

Equine Law Forms CompendiumUK/CLE (2006), 2d ed., atypical update scheduleAvailability: Print and CD

EquineDexUK/CLE (2016), updated annuallyAvailability: Print and CD

Legal Aspects of Horse Farm OperationsLisa E. Underwood, et al.UK/CLE (2014), 4th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Legal Aspects of Stallion Management and SyndicationLaura A. D’Angelo and Daniel I. WaxmanUK/CLE (2011), 2d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

National Equine Law ConferenceUK/CLE (1986-2016), course materials for annual conferencesAvailability: Print and PDF Distribution

Tax Planning for Horse Owners and BreedersRichard W. Cragio and B. Paul HusbandUK/CLE (2008), 1st ed., atypical update scheduleAvailability: Print and Lexis Advance

S. [9.21] Ethics and Professional Responsibility

Attorney’s Fees CompendiumUK/CLE (1997), 1st ed., atypical update scheduleAvailability: Print

9-16


Kentucky Legal Ethics DeskbookTodd B. Eberle, et al.UK/CLE (2016), 5th ed., 3 volumes, atypical update scheduleAvailability: Print and CD

Part-Time Prosecutors and Conflicts of InterestRichard H. UnderwoodUK/CLE (2000), 1st ed., atypical update scheduleAvailability: Print

T. [9.22] Evidence

Kentucky Evidence Courtroom ManualRichard H. UnderwoodLexisNexis (2015-2016), new editions are released annuallyAvailability: Print and Lexis Advance

Kentucky Evidence Law HandbookRobert G. LawsonLexisNexis (2013), 5th ed., updated annuallyAvailability: Print and Lexis Advance

Kentucky Rules of EvidenceRobert G. LawsonUK/CLE (2002), 2d ed., atypical update scheduleAvailability: Print and Lexis Advance

U. [9.23] Family Law

Family Law InstituteUK/CLE (1991-2016), course materials for biennial conferencesAvailability: PDF Distribution

Kentucky DivorceRichard A. Revell, Alan T. Slyn, and Diana L. SkaggsThomson/West (2015), new editions are released annuallyAvailability: Print and Westlaw

Kentucky Domestic Relations Practice HandbookUK/CLE (2012), 2d ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Practice: Domestic Relations LawLouise Everett Graham and James E. KellerThomson/West (2008), 3d ed., vols. 15 & 16 of series, updated annually in print and onlineAvailability: Print and Westlaw

9-17

Secondary Sources

Kentucky Practice: Domestic Relations Laws & Rules AnnotatedThomson/West (2016), part of series, updated annually in printAvailability: Print

It is unclear why this collection of annotated laws and rules was added to the Ken-tucky Practice Series. While this volume is helpful to a practitioner, its focus is on primary law and annotations about that law, as opposed to being a true secondary source.

Guardians Ad LitemDonna M. BloemerUK/CLE (2009), 1st ed., atypical update scheduleAvailability: CD

Private Adoption in KentuckyMitchell A. Charney and Stephanie L. Morgan-WhiteUK/CLE (2016), 5th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

V. [9.24] Form Books

Caldwell’s Kentucky Form Book, Fifth EditionKevin P. Bucknam, Ed.Matthew Bender & Co., Inc. (2006), updated regularly as a looseleaf and online resourceAvailability: Print and Lexis Advance

Kentucky Forms & TransactionsWyatt Tarrant & CombsThomson Reuters/West (2009), updated regularly as a looseleaf and online resourceAvailability: Print and Westlaw

W. [9.25] Government

Public Procurement for Cities, Counties, and Their Boards and CommissionsM. Hance PriceUK/CLE (2008), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

X. [9.26] Health Law

Kentucky Health LawUK/CLE (2009), 5th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Health Law InstituteUK/CLE (2013), course materials for conferenceAvailability: PDF Distribution

9-18


Kentucky Medicaid Eligibility for Long-Term CareBrian BorellisUK/CLE (2010), 1st ed., atypical update scheduleAvailability: CD

Law & Mental Health Professionals: KentuckyEric DroginAmerican Psychological Association (2005), 1st ed., atypical update scheduleAvailability: Print

Y. [9.27] Insurance

Automobile Insurance Law in KentuckyRobert E. Maclin III and Luke A. WingfieldUK/CLE (2015), 2d ed., atypical update scheduleAvailability: Print

Kentucky Motor Vehicle Insurance Law with Forms (Kentucky Handbook Series)Robert D. MonfortThomson/West (2015), new editions are released annuallyAvailability: Print and Westlaw

Z. [9.28] Intellectual Property

Intellectual PropertyAndrew D. Dorisio, et al.UK/CLE (2010), 4th ed., atypical update scheduleAvailability: Print

AA. [9.29] Jury Instructions

Cooper Kentucky Instructions to Juries – Vol. 1 CriminalDonald P. CetruloLexisNexis (2006), 5th ed., vol. 1, updated regularly as a looseleaf and online resourceAvailability: Print and Lexis Advance

Palmore Kentucky Instructions to Juries – Vol. 2 CivilDonald P. CetruloLexisNexis (2006), 5th ed., vol. 2, updated regularly as a looseleaf and online resourceAvailability: Print and Lexis Advance

9-19

Secondary Sources

BB. [9.30] Motor Vehicles

Kentucky Motor Vehicle Laws and Regulations AnnotatedLexisNexis (2015), new editions are released annuallyAvailability: Print


Litigating the Uninsured & Underinsured Motorist ClaimWilliam B. Orberson, Lee E. Sitlinger, Joseph C. Souza and Ben T. White, IINBI (2011), atypical update scheduleAvailability: Print

CC. [9.31] Probate, Estates, Wills, and Trusts

Baldwin’s Kentucky Wills & TrustsL. Rush Hunt and Lara Rae HuntThomson/West (2004), rev. ed., updated annually by supplement and online resourceAvailability: Print and Westlaw

Berry’s Notable Developments in Estate Planning 2000-2009UK/CLE (2009), 1st ed., course materials for conferences from 2000-2009Availability: CD

Estate Planning InstituteUK/CLE (1975-2015), course materials for annual conferencesAvailability: PDF Distribution

Kentucky Estate AdministrationUK/CLE (2014), 5th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Estate PlanningUK/CLE (2015), 4th ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Intestacy LawCarolyn S. BrattUK/CLE (1999), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Practice: Probate Practice & ProcedureJames R. MerrittThomson/West (1984), 2d ed., vols. 1 & 2 of series, updated annually in print and onlineAvailability: Print and Westlaw

9-20


Kentucky ProbateWilliam Allen Schmitt (deceased), Glen S. Bagby, and J. Robert Lyons, Jr.LexisNexis (2012), 2d ed., updated regularly as a looseleaf and online resourceAvailability: Print and Lexis Advance

Kentucky Probate Laws & Rules AnnotatedThomson/West (2016), updated annually in printAvailability: Print


DD. [9.32] Products Liability

Kentucky Products Liability Law (Kentucky Handbook Series)Robert W. EadesThomson/West (2015/2016), new editions are released annuallyAvailability: Print and Westlaw

EE. [9.33] Property and Real Estate

Boundary Law in KentuckyJames T. LobbUK/CLE (2003), 1st ed., atypical update schedule (2nd edition slated for 2016 release)Availability: Print, CD, and Lexis Advance

Condemnation and Eminent Domain in KentuckyRichard A. Vance, et al.UK/CLE (2003), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

Foreclosure Actions in KentuckyGregory D. Pavey and Lea Pauley GoffUK/CLE (2005), 1st ed., atypical update scheduleAvailability: Print, CD, and Lexis Advance

In-Depth Title Insurance PrinciplesKaren B. Baker, Dennis R. Carrithers, Joseph T. Kirkland, Jr., Twila Mynhier Brooks and Fred R. SimonNBI (2008), atypical update scheduleAvailability: Print

Kentucky Practice: Real Estate TransactionsRobert W. KeatsThomson/West (2016), vols. 3, 3A & 3B of series, updated annually onlineAvailability: Westlaw

9-21

Secondary Sources

In print, this material is part of Methods of Practice (vol. 4, 4A & 5). It has split apart online, but the print version has not been divided out. This will occur in a future revision.

Kentucky Real Estate Law and PracticeUK/CLE (2013), 4th ed., 3 volumes, atypical update scheduleAvailability: Print, CD, and Lexis Advance

Kentucky Land Use, Zoning and Private Controls On Real EstateMichael L. Ades, Dale E. Ahearn, Richard V. Murphy, Glenn A. Price, Jr., Virginia H. Underwood and Richard L. WoodUK/CLE (1998), atypical update scheduleAvailability: Lexis Advance

Land Use and Zoning Law in KentuckyRichard V. Murphy and Glenn A. Price, Jr.UK/CLE (2011), 4th ed., atypical update scheduleAvailability: Print

The Probate Process from Start to FinishR. Terry Bennett and C. Shawn FoxNBI (2011), atypical update scheduleAvailability: Print

Real Estate InstituteUK/CLE (2012-2015), course materials for biennial conferencesAvailability: PDF Distribution

FF. [9.34] Reference Books

Kentucky Appellate SurveyEdward M. O’Brien and Nicholas E. Whitt, eds.O’Brien Whitt Publishing, LLC (2015), updated annually in printAvailability: Print and PDF Distribution

Kentucky Trial Court ReviewKentucky Trial Courts Review (2016), monthly print newsletter that is compiled into an annual reviewAvailability: Print

GG. [9.35] Securities Law

Securities Law InstituteUK/CLE (1982-2015), course materials for conferencesAvailability: PDF Distribution

9-22


HH. [9.36] Statutes of Limitation

Kentucky Statutes of Limitation and Time StandardsWillaim H. Gorin, Susan L. Maines and Melinda RawlingsUK/CLE (2005), 6th ed., atypical update scheduleAvailability: Lexis Advance

II. [9.37] Tax

Kentucky Income Taxation of BusinessR. Benjamin Crittenden, Erica L. Horn, Lindy Karns and Kimberly TylerNBI (2009), atypical update scheduleAvailability: Print

Like-Kind ExchangesJames B. Martin, Jr. and Timothy J. EiflerUK/CLE (2002), 1st ed., atypical update scheduleAvailability: Print and Lexis Advance

JJ. [9.38] Torts

Anatomy and Physiology 101 for AttorneysSteven A. Carter, Richard T. Holt, Steven McCabe, J.D. Raine, Jr., David P. Rhoads and Mark G. SmithNBI (2011), atypical update scheduleAvailability: Print

Kentucky Practice: Tort LawDavid J. LeibsonThomson/West (2008), 2 ed., vol. 13 of series, updated annually in print and onlineAvailability: Print and Westlaw

Wrongful Death Actions (Kentucky Handbook Series)Ronald W. EadesThomson/West (2015-2016), new editions are released annuallyAvailability: Print and Westlaw

Successful Medical Malpractice SuitsJeffery T. Barnett, R. Allen Button, Tricia Le Meur, D.G. Lynn, John W. Phillips, Tiara B. Silverblatt and Gary M. WeisNBI (2007), atypical update scheduleAvailability: Print

9-23

Secondary Sources

KK. [9.39] Workers’ Compensation

Kentucky Practice: Kentucky Workers’ Compensation with FormsRonald W. EadesThomson/West (2004), 5th ed., vol. 18 of series, updated annually in print and onlineAvailability: Print and Westlaw

Kentucky Workers’ CompensationNorman E. HarnedLexisNexis (2007), 4th ed., updated regularly as a looseleaf and online resourceAvailability: Print and Lexis Advance

Kentucky Workers’ Compensation Decision ManualUK/CLE (2005), 2d ed., atypical update scheduleAvailability: Print

Kentucky Workers’ Compensation HandbookH. Douglas Jones, Robert D. Hudson George G. Rupert, Larry Clevenger, and John BurkholderKentucky Chamber of Commerce (2015), 4th ed., atypical update scheduleAvailability: Print

Workers’ Compensation in KentuckyH. Douglas Jones, et al.UK/CLE (2002), 3d ed., 2 volumes, atypical update scheduleAvailability: CD and Lexis Advance

Workers’ Compensation InstituteUK/CLE (1982-2014), course materials for biennial conferencesAvailability: PDF Distribution

9-24


10-1

Electronic Resources

*The author would like to acknowledge the assistance of Jennifer Reynolds in researching and proof-reading this chapter.


10

KENTUCKY ELECTRONIC RESOURCES

KURT X. METZMEIER*University of Louisville


10-2


10-3


I. [10.1] Commercial Computer Assisted Legal Resource (“CALR”) Services ...........................................10-5

A. [10.2] General Comments ...............................................10-5B. [10.3] Lexis Advance ......................................................10-5

1. [10.4] Courts .....................................................10-6a. [10.5] Case Law Databases ................10-6b. [10.6] Jury Verdicts .............................10-6

2. [10.7] Statutory Databases ................................10-6a. [10.8] KRS ..........................................10-6b. [10.9] Archived KRS ..........................10-7c. [10.10] Legislative Materials ................10-7d. [10.11] Kentucky Constitution

and Kentucky Rules .................10-73. [10.12] Administrative Law Databases ...............10-7

a. [10.13] Regulations ..............................10-7b. [10.14] Attorney General’s

Opinions ...................................10-8c. [10.15] Other Administrative

Materials ..................................10-84. [10.16] Secondary Sources .................................10-9

a. [10.17] Law Reviews and Treatises ...................................10-9

b. [10.18] Newspapers and Non-Law Periodicals ...............10-9

C. [10.19] Westlaw .................................................................10-91. [10.20] Case Law Databases .............................10-10

a. [10.21] Kentucky Courts ....................10-10b. [10.22] Local Federal District

and Appellate Courts ..............10-102. [10.23] Statutory Databases ..............................10-11

a. [10.24] Kentucky Statutes ..................10-11b. [10.25] Archived Codes ......................10-11c. [10.26] Legislative Materials ..............10-11d. [10.27] Court Rules and Orders ..........10-12

3. [10.28] Administrative Law Databases .............10-12a. [10.29] Regulations ............................10-12b. [10.30] Attorney General’s

Opinions .................................10-12c. [10.31] Other Administrative

Resources ...............................10-124. [10.32] Secondary Sources ...............................10-13

a. [10.33] Law Reviews, Bar Journals, and Treatises ...........10-13

b. [10.34] Newspapers and Non-Law Periodicals ..............................10-13

10-4


D. [10.35] Casemaker ...........................................................10-131. [10.36] Case Law ..............................................10-152. [10.37] Statutes and Constitution ......................10-153. [10.38] Court Rules and Orders ........................10-164. [10.39] Administrative Law

Databases ..............................................10-16

II. [10.40] Internet-Based Resources ...............................................10-16A. [10.41] Kentucky Statutory Materials .............................10-16

1. [10.42] Kentucky Constitution ..........................10-172. [10.43] Kentucky Revised Statutes ...................10-183. [10.44] Kentucky Legislation ...........................10-18

a. [10.45] General Legislative Information ............................10-18

b. [10.46] Bills and Resolutions .............10-19c. [10.47] Legislative Publications .........10-19d. [10.48] Legislative Ethics

Opinions .................................10-19B. [10.49] Administrative Materials ....................................10-20

1. [10.50] Kentucky Administrative Regulations ...........................................10-20

2. [10.51] Other Executive Branch Materials ...............................................10-20

a. [10.52] Governor ................................10-20b. [10.53] Attorney General ....................10-21c. [10.54] Revenue Cabinet ....................10-22d. [10.55] Secretary of State ...................10-22e. [10.56] Labor Cabinet .........................10-23

C. [10.57] Judicial Sites .......................................................10-231. [10.58] Commonwealth of Kentucky................10-23

a. [10.59] Supreme Court of Kentucky ................................10-24

b. [10.60] Court of Appeals ....................10-24c. [10.61] District and Circuit

Courts of Kentucky ................10-242. [10.62] Federal ..................................................10-24

a. [10.63] Supreme Court .......................10-24b. [10.64] Court of Appeals

Sixth Circuit ...........................10-24C. [10.65] Federal District Courts ........................................10-25D. [10.66] Kentucky Bar Association ..................................10-25E. [10.67] County and Municipal Sites ................................10-25

10-5


I. [10.1] Commercial Computer Assisted Legal Resource (“CALR”) Services

A. [10.2] General Comments

The readers of this publication are presumed to have general knowledge of the use of computer assisted legal resources. This section will explore some of the Kentucky specific features and databases not readily apparent to users.

B. [10.3] Lexis Advance

Lexis Advance is the oldest computer-assisted legal research product in the United States. It is marketed by the LexisNexis Group, a division of RELX Group (formally known as Reed Elsevier). LexisNexis is also the exclusive on-line provider of the Shepard’s Citations Service). LexisNexis provides a variety of pricing options including Kentucky-specific flat-rate plans. For further details, consult LexisNexis’s corporate home page at <http://www.lexisnexis.com> or call 1-888-AT-LEXIS.

There are no current print guides to using Lexis. However, good infor-mation can be found online using the Lexis Guide feature. The best introduction to Kentucky materials is to look at the page one gets when one goes to Explore Content and clicks Kentucky. Then, click the little i symbol to access the Lexis Guide feature with details on the resource.

Illustration 1: Lexis Advance Guide page

10-6


1. [10.4] Courts

a. [10.5] Case Law Databases

Lexis Advance provides extensive coverage of Kentucky case law as well as decisions from federal trial and appellate courts with jurisdiction in Kentucky. The Kentucky cases pre-/post filters include reported decisions of the Supreme Court of Kentucky and of the Court of Appeals going back to the establishment of the Commonwealth in 1792.

To search for federal cases from the Sixth Circuit of the United States Court of Appeals, use Explore Content to access a list of all courts, and choose Sixth Circuit. The same method can be used to find a list of all Federal District Courts by State by choosing Kentucky.

b. [10.6] Jury Verdicts

One useful database in some Lexis Advance packages is the Kentucky Trial Court Review. The Kentucky Trial Court Review contains selected civil jury verdicts from all counties in Kentucky from October, 1997. Among the informa-tion provided is the court involved, the names of the presiding judge, the parties, the attorneys, and the result of the case, including the dollar amounts awarded. To search the KTCR, go to Explore Content, choose Jury Verdicts and Settlements, and then Kentucky. (Or choose Kentucky under Explore Content then choose Jury Verdicts and Settlements.)

2. [10.7] Statutory Databases

a. [10.8] KRS

The statutes database is based on Michie’s Kentucky Revised Statutes An-notated. It includes statutes, the Kentucky constitution and court rules. Users can now limit their search to the specific title or chapter by using the dropdown menu on the first page of the database. The outline can also give researchers an idea of the terms specific to the KRS that can be useful in formulating a full text search. The quickest way is to use Explore Content, Kentucky to find the Michie’s KRS, and then to click the Table of Contents button. See Illustration 2 below.

Illustration 2: Table of Contents

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b. [10.9] Archived KRS

Lexis Advance archives superseded versions of the Kentucky Revised Statutes Annotated going back to 1991 but it can be a little difficult to find them. To find older versions of a statute, one must first find the existing statute. From the page where the existing statute is displayed, there is a link on the far right of the page to Archived code versions.

c. [10.10] Legislative Materials

The Kentucky Advance Legislative Service updates the Kentucky Revised Statutes (“KRS”) with the full text of all laws enacted during any legislative ses-sion in the period since the code was last updated. The ALS can be accessed from Explore Content by choosing Kentucky and clicking on All Kentucky Statutes & Legislation.

During a session of the Kentucky General Assembly, researchers can retrieve the full text of pending bills from resources on the All Kentucky Statutes & Legislation page, as well as track bills through the legislative process. The page also can direct researchers to a limited legislative research database that purports to track laws from 2006, with more limited coverage from the 2002 through 2005 sessions. However, the public materials on the Kentucky legislature’s Legislative Research Commission website (discussed in Section [10.45-.46], infra) are far more comprehensive for both bill tracking and legislative history research.

d. [10.11] Kentucky Constitution and Kentucky Rules

To search the Kentucky Constitution or Kentucky rules of court, go to Explore Content, Kentucky, and then look under the Statutes and Legislation header for Kentucky Constitution or Kentucky Local, State & Federal Court Rules. Each database is based on the Michie’s KRS version and as such is an-notated with references to cases, secondary sources, and relevant opinions of the Kentucky Attorney General.

3. [10.12] Administrative Law Databases

a. [10.13] Regulations

The Kentucky Administrative Regulations (“KAR”), the state’s annually published code of regulations, can be accessed directly from the Explore Content, Kentucky page using either the Table of Contents icon or by keyword searching. From the page where a particular regulation is displayed, archived versions can be accessed via a link on the far right of the page.

Kentucky Regulation Tracking and Kentucky Regulation Text databases (found under All Kentucky Administrative Codes & Regulations on the Ken-

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tucky page of Explore Content) track pending regulations from various agencies within the state of Kentucky. Entries include a summary of the proposed regulation, a contact within the agency, and the adoption and effective dates of the regulation.

b. [10.14] Attorney General’s Opinions

Lexis Advance has Kentucky Attorney General Opinions from 1977 through the present. (The ORDs and OMDs start in August 1992.) It is updated monthly, but it is usually updated within two weeks of receipt of such opinions by Lexis Advance. Go to Explore Content, Kentucky, and the AOGs are found under All Kentucky Administrative Materials.

c. [10.15] Other Administrative Materials

To find agency specific administrative material, including bulletins, no-tices, judgments, orders, guidance documents, and final decisions, go to Explore Content, select Administrative and Agency Materials, and then Kentucky. The current databases include:

• Kentucky Board of Tax Appeals Orders and Judgments (1980 through current; monthly)

• Kentucky Insurance Bulletins & Notices (1972 through current; irregular)

• Department of Financial Institutions, Division of Securities Decisions (1975 through current; as contains administrative decisions and no-action letters are released)

• Kentucky Market Conduct Examinations (1998 through current)

• Natural Resources and Environmental Protection Cabinet Decisions (1999 through current; as final orders from the Office of Administrative Hearings are released)

• Public Service Commission Decisions (January 1996 through current; weekly. Document types may include: deci-sions, default orders, draft orders, emergency orders, final orders, initial decisions, interim orders, orders, pre-hearing orders, ratification orders, recommended decisions, rescis-sion orders, short orders, and tentative orders.)

• Public Utilities Reports (1943 through current; monthly. Contains commission and court decisions)

• Workers’ Compensation Decisions (November 1, 2011 through current; monthly)

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4. [10.16] Secondary Sources

a. [10.17] Law Reviews and Treatises

Lexis Advance has the full text of articles from all Kentucky law reviews and journals, including the Kentucky Law Journal (1982-present), Northern Ken-tucky Law Review (1993-present), and the University of Louisville Law Review and its predecessors (1999-present).

The treatises collection includes over forty manuals and handbooks of the University of Kentucky’s Office of Continuing Legal Education’s publishing unit. Caldwell’s Kentucky Form Book, Lawson and Fortune’s Kentucky Criminal Law, Kentucky Probate, Underwood and Weissenberger’s Kentucky Evidence Courtroom Manual, and Lawson’s Kentucky Evidence Law Handbook are also included. They can be found by going to Explore Content, Kentucky and clicking the All Kentucky Treatises, Practice Guides & Jurisprudence link to get a list.

b. [10.18] Newspapers and Non-Law Periodicals

Often valuable information about the context of laws and legislation can be found in local newspapers. Lexis Advance has databases of the Louisville Courier-Journal (1999-), the Lexington Herald-Leader (2000-), and Louisville Business First (2006-). In addition, its Kentucky News Sources database has a bundle of Kentucky news articles from local papers and broadcast news sources. They can be accessed from the Explore Content, Kentucky directory.

C. [10.19] Westlaw

Westlaw, the electronic legal information service of publisher Thomson Reuters, is a major provider of Kentucky materials online. (In 2010, a major revi-sion of Westlaw occurred and the service was rebranded as WestlawNext. Recently, Thomson Reuters quietly returned to calling the service Westlaw again). Thomson Reuters provides a variety of pricing options for Westlaw; attorneys seeking to find a sales representative may call 1-888-728-7677. All existing subscribers may access 24-hour searching assistance by Westlaw reference attorneys at 1-800-REFATTY (1-800-733-2889).

Westlaw has a large variety of Kentucky-specific databases, which will be discussed in detail below. A great deal of the specific information about the content and use of these databases comes from the Scope notes designated as a small “i” next to the name of resources throughout the system.

Westlaw conceives of material being separated by post- and pre-filters after a general search. So to limit to only Kentucky cases, the researcher (in Westlaw speech) will “set” Kentucky and Case law “pre-filters.” For simplicity, however, this section will refer to that concept as a Kentucky case law “database.” To get an

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overview of these databases, at the front page go to Browse State Materials and choose Kentucky to get a list of resources.

Tip: When using Browse to find databases, lists of databases, or table of contents pages, look on the right navigation area for Tools & Resources. Westlaw uses this area as a place to add links to related databases and to useful tools. As an example, the above Kentucky index page has links to the Kentucky Dockets, Kentucky News, and Kentucky Legislative History tools.

1. [10.20] Case Law Databases

a. [10.21] Kentucky Courts

The Westlaw Kentucky Cases database contains all decisions of the Ken-tucky Supreme Court and certain decisions of the Court of Appeals, including all cases scheduled for publication in West’s South Western Reporter, some “quick opinions” (cases placed online prior to West advance sheets and which do not contain West headnotes, key numbers, or other editorial enhancements), and some unpublished opinions. The database includes all published decisions of Kentucky’s high court (Court of Appeals, 1792-1975; Supreme Court, 1975-present) from 1792 to the present, and selected decisions of the state intermediate appellate courts (Superior Court, 1882-1894; Court of Appeals, 1976-present).

Researchers seeking to search only decisions of the state’s highest court should precede their search with the statement CO(HIGH). For example, the search CO(HIGH) AND “PROXIMATE CAUSE” would limit the search to Kentucky Court of Appeals cases from 1886 to 1976 (when that court was the state’s high court) and Kentucky Supreme Court cases since its inception in 1976.

One useful feature is a collection of advocate’s briefs submitted to the Kentucky Supreme Court. There is “selected coverage beginning with 2004.” Earlier briefs come from the free collection on the website of the Chase College of Law Library at Northern Kentucky University and only relate to unpublished cases of the Supreme Court. To access them, browse All Content, Briefs, and Kentucky.

b. [10.22] Local Federal District and Appellate Courts

To access cases and other materials from the Sixth Circuit, Court of Ap-peals, browse Federal Materials (from the front page of Westlaw), then select 6th Circuit. From there, one can search the entire circuit or just Kentucky-originated cases, and access selected briefs and trial documents.

To find cases originating in Kentucky’s Western and Eastern District Courts, browse Federal Materials, Federal Cases, Federal Cases by State, and then Kentucky. This will bring up the Kentucky Federal Cases page which yields a number of search options. On the right hand panel, under Tools & Resources,

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one can find federal docket information from all federal courts sitting in Kentucky from 1997 forward.

2. [10.23] Statutory Databases

a. [10.24] Kentucky Statutes

The Kentucky Statutes and Court Rules database contains annotated ver-sions of Kentucky’s statutes, Constitution, and court rules from Baldwin’s Kentucky Revised Statutes Annotated and West’s Kentucky Rules of Court Pamphlet. The statutes and Constitution are current through the end of the last regular session of the Kentucky General Assembly, and the state court rules, selected local state court rules, and local federal district and bankruptcy court rules are marked with their currency.

One useful feature in Westlaw statutory databases on the web is the Table of Contents feature. The service allows users to analyze the statutory arrangement and drill down to the titles and chapters relevant to their research. Once a suitable title or chapter is determined, the researcher can check a box near that subdivision and limit their search to that segment of the KRS. It is often useful for a researcher to positively confirm that a particular topic is not covered by statutory law – some-thing that is very hard to do using keyword searches alone.

b. [10.25] Archived Codes

Often an attorney will need a version of the KRS from a prior year when the events that their research revolves around occurred. To find archived codes, go to the table of contents of the current KRS, and under the Tools & Research navigation bar on the right of the screen, click Kentucky Statutes Annotated – Historical. From there one can find an archived version of the KRS from every year from 1995 to the last full year (2015 at the time that this book was published). Each version will include all changes up to the last pocket-part for that year.

c. [10.26] Legislative Materials

In addition to archived codes, the Tools & Research bar on the KRS page has a link to a Kentucky Legislative History resource, which contains “documents related to laws passed by the state legislature including bill histories, House and Senate journals and roll call votes, and governors’ messages.” It includes House and Senate Journals “from the 2000 Regular Session through the 2012 Regular Session,” as well as roll-call votes for that period. In addition the database collects governor’s messages “from 2000 through June 28, 2006 and from January 10, 2008 through current session.” Under Kentucky Historical Proposed Legislation (Bills), researchers can search bills from 2005 to the present.

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Also under Tools & Resources are links to various resources for research-ing current legislative activity. There is a third-party provided Kentucky Bill Track-ing tool (which offers summaries and status information concerning current bills), and separate databases of proposed and enacted legislation.

While the Westlaw legislative databases may be convenient, there is no substitution for using the Kentucky legislature’s official website (described in Sec-tion [10.45-.46], infra) to ensure that one’s research is diligent and comprehensive.

d. [10.27] Court Rules and Orders

The Kentucky Statutes and Court Rules database contains court rules governing state and local federal practice in Kentucky and is based on West’s Kentucky Rules of Court Pamphlet and Baldwin’s Kentucky Revised Statutes An-notated. In addition to the federal and state civil and criminal procedural rules, the database includes rules of the Jefferson District Court, the Jefferson Family Court, the Fayette Circuit Court, the Fayette District Court, Uniform Local Rules of the Circuit and District Courts of Boone, Campbell, Gallatin, and Kenton Counties, Joint Local Rules for the U.S. District Courts of the Eastern and Western Districts of Kentucky, and rules of U.S. Bankruptcy Court for the Eastern and Western Dis-tricts. The scope note should be consulted to determine the currency of the rules included, but they are generally up to date.


a. [10.29] Regulations

The Kentucky Administrative Regulations (“KAR”) database is found under Regulations on the main Kentucky page. The database can be searched by keyword and also has the Table of Contents searching feature discussed in the above description of Kentucky statutory databases. As the KAR is only updated annually (in June) researchers need to update their research. From the Tools & Resources bar on the Kentucky Regulations page, researchers can access and track current proposed and newly adopted regulations, as well as find historical versions of the KAR from 2002.

b. [10.30] Attorney General’s Opinions

Kentucky Attorney General’s opinions from 1976 to the present are contained in a database that is updated from slip copies obtained directly from the Attorney General’s office.

c. [10.31] Other Administrative Resources

From the Kentucky Administrative Decisions & Guidance page researchers can access selected Kentucky banking and financial decisions (1998- ), environ-

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mental decisions (1988- ), Insurance Bulletins (1948- ), Personnel Board Deci-sions (1980- ), Public Service Commission decisions (1954- ), Blue Sky decisions (1985- ), and state tax decisions (1980-).

4. [10.32] Secondary Sources

a. [10.33] Law Reviews, Bar Journals, and Treatises

The Westlaw law reviews database contains Kentucky law reviews and journals that can also be separately searched. Included are the Kentucky Law Journal, the University of Louisville Law Review and all its antecedents (Journal of Family Law, University of Louisville Journal of Family Law, and Brandeis Law Journal), and the Northern Kentucky Law Review.

b. [10.34] Newspapers and Non-Law Periodicals

Given Kentucky’s sparse sources for legislative history, newspapers are often the best indication of the background of legislation and policy initiatives. The major newspapers of all of Kentucky’s metropolitan areas are available. Found under Kentucky News on the Tools & Research bar of the main Kentucky page, the articles are usually available online within 48 hours of publication. The Lexington Herald-Leader has the deepest back-file with material since 1983, excluding stock market and television listings and sports statistics. The Louisville Courier-Journal database covers material from 2002 to the present. Other papers covered include the Kentucky Post, the Owensboro Messenger Inquirer, the Paducah Sun, and the Bowling Green News. In addition, by searching Kentucky News, one accesses all these newspapers and dozens of news programs from radio and television stations.

D. [10.35] Casemaker

A service specially designed for and marketed to bar associations, Case-maker has been free to dues-paying members of the KBA since 2006. Since its debut in Kentucky, it has continued to add databases, search capability, and services. It is not Westlaw or Lexis (and certainly not WestlawNext or Lexis Advance), but it is superior to Internet research in many ways, especially in the area of case law research where its databases are much deeper than even the best of websites, Google Scholar. The primary focus of this article is not to compare it to those pay services, but to show its role in the universe of free legal resources.

Kentucky lawyers can log in to Casemaker through the KBA website <www.kybar.org>. Go to the Resources tab, and choose Casemaker. The username will be a researcher’s Attorney ID number and the initial password will be that researcher’s birth date in the format 01/01/19xx – be careful to include the slashes. One can also log in to Casemaker on an iPhone or iPad; see mobile instructions under the Casemaker support page.

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Once logged in, a researcher can do a general search in the Google-like search bar at the top of the page, or choose a database. A navigation bar at the top of the page directs the researcher to several directory pages from which one can choose a database: All Contents, Federal Materials, State Materials, Tools, and Archive. The All Contents page has several classes of materials – case, statutes, etc. – but a number are incomplete. For example, if one clicks Bar Journals, less than a dozen states are represented (Kentucky is not one). The most useful direc-tory pages are State Materials, organized by state name, and Federal Materials, organized into U.S. Code, Code of Federal Regulations (“CFR”), federal rules, federal court jurisdictions, and federal administrative agency databases.

Clearly, Casemaker is strongest in case law coverage. It covers federal courts and the courts of all 50 states going back to the beginning of the West re-porters. (Usually this means all state cases back to the 1880s). The search engine is relatively nimble, recognizing Boolean searches as well as employing a version of a natural language search. One can also use the Advanced Search to query by cite, case name, docket number, court, attorney, judge, or decided date.

The Casemaker database does not have a free full-featured cite-checker like Shepard’s or Keycite (Casemaker provides its own citator for an additional fee). However, this function can be accomplished by searching first for the specific case, and then checking the Citing References tab from that case. The results are somewhat unsatisfactory, returning a hit for each citation to the cited case in the database. If a case is cited three times in a case, it counts as three hits. There is no way to distinguish a substantive reference from a string-cite, and negative results are not marked in any manner. Nonetheless, if one reads through all the cites, one will be able to determine if one’s case is good law. That, however, could mean clicking and reading several dozen hits.

However, the Casemaker case database itself is robust. Lawyers seeking persuasive authority for a position lightly supported by Kentucky law can search for cases from all fifty states using the same search. In addition, they can search cases from all the federal district courts and courts of appeal using one database – something impossible to do from the many official and unofficial Internet sites.

Researchers seeking Kentucky legal materials should start by choosing the State Materials tab and clicking Kentucky to get a list of all materials. See Illustration 3 on the next page.

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1. [10.36] Case Law

The Kentucky database contains all decisions of the Kentucky Supreme Court and certain decisions of the Court of Appeals, including all cases scheduled for publication in West’s South Western Reporter, and all cases from the Kentucky Reports back to 1785.

All reported Sixth Circuit cases are available under the Federal tab by choosing Circuit Courts. Cases from Kentucky’s two federal district courts can be found under the same tab under District Courts.

2. [10.37] Statutes and Constitution

Casemaker includes the current edition of the Kentucky Revised Statutes under the Kentucky tab under Statutes. Some bills that have been signed into law during a session still underway can be found under the Session Laws tab. To find older materials, go to the Archive tab. Under Archive, States, Kentucky you can find an end-of-year snapshot version of KRS for the years 2003 to 2015. Under Archive, Legislation, Kentucky, legislative acts from 2000 to 2015 are available.

The Kentucky Constitution is also available under its own heading under the Kentucky tab.

Illustration 3: Casemaker

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3. [10.38] Court Rules and Orders

Under State Court Rules under the Kentucky tab, researchers can search court rules governing state practice in Kentucky. These include the Rules of Civil Procedure, the Rules of Criminal Procedure, the Rules of Evidence, and the Rules of the Supreme Court. In addition, there are copies of the Administrative Proce-dures of the Court of Justice, the Code of Professional Courtesy, the Family Court Rules of Procedure and Practice, and the Model Mediation Rules. All are current as of the end of 2015.


The current version of the Kentucky Administrative Regulations (“KAR”) can be found under the Kentucky tab. The database can be searched by keyword and also can be browsed by its table of contents.

Kentucky Attorney General Opinions (“OAGs”) from 1992 are available on Casemaker, as are Open Meetings Decisions (“OMDs”) from 1993 and Open Records Decisions (“ORDs”) from 1997 (all under the Kentucky tab).

Workers Compensation Decisions from 1992 are also available under the Kentucky tab.

II. [10.40] Internet-Based Resources

A. [10.41] Kentucky Statutory Materials

Although federal materials have been available on the Internet since the beginning of the decade, it was not until early 1995 that the Legislative Research Commission (“LRC”), the Kentucky General Assembly’s research and publications arm, took steps to provide the public with legislative materials at <http://www.lrc.ky.gov/>1. It began by posting the telephone numbers of lawmakers and the membership of legislative committees. Lists of LRC publications and summaries of bills pre-filed for the 1996 legislative session soon followed. Because the LRC used existing staff to create their website, it quickly became outdated when those same employees became involved in preparations for the start of the session, prompting several unflattering newspaper articles around the state.2 The negative publicity led to a quick response; the state’s legislators and the LRC soon rushed

1 “State Legislative Business Now on Internet”, Lexington Herald-Leader, Apr. 13, 1995, at B3.

2 Ric Manning, “Tangled in the Web: Legislature Stall on Information Highway”, Courier-Journal, Jan. 5, 1996 at A1; “Data on Legislative Website Out of Date”, Lexington Herald- Leader, Jan. 6, 1996 at C3; “Assembly Lags on its Web-site”, Kentucky Post, Jan. 6, 1996 at A7.

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onto its site the full text of bills under consideration.3 The Kentucky General As-sembly stepped in with the passage of KRS 7.500, which mandates that the LRC make certain materials available to the public in electronic form.

7.500 Public access to electronic form of Kentucky Constitution, statutes, acts, and administrative regulations

(1) The Legislative Research Commission shall make avail-able to the public in electronic form the following texts:

(a) The Constitution of Kentucky;

(b) The Kentucky Revised Statutes;

(c) The Kentucky Acts; and

(d) The administrative regulations comprising the Ken-tucky Administrative Regulations Service and the Administrative Register of Kentucky.

(2) The information identified in subsection (1) of this section shall be made available to the public by means of access by way of the largest nonproprietary, nonprofit coopera-tive public computer network. The information shall be made available in one (1) or more formats and by one (1) or more means in order to provide the greatest feasible access to the general public in this Commonwealth. Any person who accesses the information may access all or any part of the information. The information shall be made available in the shortest feasible time after the information is available to the Legislative Research Commission.

1. [10.42] Kentucky Constitution

Kentucky’s current Constitution, the 1891 Constitution, is available on the LRC website, <http://www.lrc.ky.gov/Legresou/Constitu/intro.htm>. It can be searched using a brief topical outline and a numeric listing of sections or by keyword using the LRC search engine, <http://www.lrc.state.ky.us/search.htm>. The LRC site is annotated, with brief historical notes concerning the repeal and adoption of amendments. One useful addition to this site is the electronic version of the LRC’s excellent publication, A Citizen’s Guide to the Kentucky Constitution, Research Report, No. 137 (Revised 2004), <http://www.lrc.ky.gov/lrcpubs/RR137.pdf>.

3 Michael Collins, “Internet Offers Speedy Route to State Government”, Kentucky Post, Sep. 14, 1996 at K4. See also Charles Wolfe, “High-tech Government Still Faces Hurdles”, Courier-Journal, Dec. 22. 1997, p. B1.

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2. [10.43] Kentucky Revised Statutes

Pursuant to its mandate in KRS 7.500, the LRC publishes an unofficial version of the Kentucky Revised Statutes on the web, <http://www.lrc.ky.gov/statutes>. As the LRC electronic database that forms the basis of the web version did not until recently include legislative history information, all but the most re-cent statutes either have no history data or only that information compiled in the LRC’s last official printed version of the revised statutes. Those laws in the latter category will have a note, “History through 1968,” that indicates that only the his-tory information contained in that last official code is given.

Currently, access to the KRS is only through a topical outline based on the title and chapter headings. Access by statute number and through a search engine whereby researchers could use keywords has been promoted as “coming soon” since the statutes were first posted in spring 1997, but it was not until December 1997 that a keyword searchable form was created <http://www.lrc.ky.gov/search.htm>. As the absence of a search engine made the Internet KRS practically unusable to the general public, the new feature was applauded. The new Microsoft-powered search tool is more like the search engine found at websites like Google and Alta Vista than the ones used by Westlaw and Lexis, but if one studies the search guide, <http://www.lrc.ky.gov/query_language.htm>, one can craft relatively sophisticated searches.

The lack of annotations, the simplicity of the search tool, and the Kentucky legislature’s reticence about making it an official version of the code prevent the Internet revised statutes from becoming a viable alternative to the printed codes and their electronic versions on Westlaw and LexisNexis.

3. [10.44] Kentucky Legislation

a. [10.45] General Legislative Information

In general, the LRC has put together one of the nation’s best websites for legislative information, <http://www.lrc.ky.gov/>. It is comprehensive, regularly updated, and unfettered by slow-loading graphics. The main attraction is the full text versions of bills and resolutions pending in the Kentucky General Assembly, but the site contains a wealth of information about the legislative process. The current legislative calendar and schedule of monthly committee meetings are prominently posted, along with the rules of the House and Senate. Committee as-signments and contact information on members are listed, along with data on LRC and other legislative staff persons. The Legislative Record, a daily log of the flow of legislation, has also been added. Legislative Record Final Actions since 1986 and the latest Legislative Record can be searched by keyword on the LRC search page to determine the final disposition of legislation.

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In between sessions, the legislature continues planning through interim joint committees made up of members of both chambers. Recently the minutes from these committees have been posted on the page for such committees <http://www.lrc.ky.gov/committee/interim.htm>. (Formal interim studies are published in print and online versions; see Legislative Publications at Section [10.47], infra.) The Legislative Library (Room 27 of the Capitol Annex) has committee minutes for last four years which then sent to the state archives. Committee meeting audiotapes and Interim Meeting tapes are kept 8 years. The Legislative Library also has AV recordings of General Assembly Sessions from 1992 to date.

Kentucky Education Television (“KET”) website <http://www.ket.org/legislature/> has live and recorded video of legislative debates and committee hearings back to 2010.

b. [10.46] Bills and Resolutions

During the period leading up to a regular or extraordinary session of the General Assembly, pre-filed bills and resolutions are placed on the LRC site. These are later supplemented by bills filed within the session. After the session adjourns, the final version of all bills filed remains on the website for a period. Prior to the 1998 regular session, bills could only be searched by a grid-table of bill and resolution numbers, but an additional subject index has been constructed for the pre-filed bills since that time.

Attorneys seeking to track a piece of legislation can sign up for “Bill Watch” at <http://kentucky.gov/services/pages/billwatch.aspx> and create “profiles that organizes bills by subject or topical area by using search parameters (keywords, sponsors, committees, subject, or bill number).”

c. [10.47] Legislative Publications

Several publications on the legislative process are available through the LRC, including short pieces on legislative history, legislative terminology, and Kentucky’s budget process. Summaries of Interim Studies and Reports are provided, along with links to relevant pre-filed legislation. Lists of the LRC’s Information Bul-letin and Research Reports are provided at <http://www.lrc.ky.gov/lrcpubs/lrcpubs.htm>, along with the full text of some of the more popular titles, such as Duties of Elected County Officials (revised 2002), County Government in Kentucky (revised 2015), and The Executive Branch of Kentucky State Government (revised 2002).

d. [10.48] Legislative Ethics Opinions

Another important website related to the legislative branch is that of the Kentucky Legislative Ethics Commission, <http://klec.ky.gov/>. Betraying no hint of the controversy the ethics panel has undergone since its creation in the wake of

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the federal BOPTROT investigation,4 the site contains web versions of the Code of Ethics for Legislators, Legislative Candidates, and Legislative Employees; the Code of Ethics for Lobbyists and Employers of Lobbyists; and various reporting forms required by the ethics law. The site also has summaries of Advisory Opinions from 1993 to the present and a listing of registered legislative lobbyists.

B. [10.49] Administrative Materials

1. [10.50] Kentucky Administrative Regulations

The LRC’s legislative mandate to publish Kentucky’s primary legal docu-ments extends to the state’s regulatory documents. An unofficial version of the Kentucky Administrative Regulations (“KAR”), the state’s code of regulations, has been placed on the web, <http://www.lrc.ky.gov/kar/frntpage.htm>. The web KAR, which does not supplant the printed KAR or its supplement, the Administrated Register of Kentucky, consists of administrative regulations in effect as of the 15th of the previous month and proposed amendments to the administrative regulations filed by noon on the 15th of the previous month. There is also a bulletin on the front of the home page announcing upcoming hearings on proposed regulations.

The KAR is accessible by a topical outline based on the code’s table of contents. In addition, the web KAR can be searched by keyword using the LRC search engine. Given the sparseness of the subject index of the print KAR, this feature alone causes one to recommend the web version.

2. [10.51] Other Executive Branch Materials

a. [10.52] Governor

The Governor has long had an important role in the Kentucky legislative process, and the governorship of Paul Patton demonstrated that the removal of the constitutional bar to a second term can enhance the chief executive’s posi-tion. Published statements of the chief executive are often important parts of the legislative history of a Kentucky law. The Governor’s own web page, <http://

4 In early 1992, a federal investigation of legislative corruption, code named Operation BOPTROT, led to the conviction of 15 legislators for taking bribes, a group that included the speaker of the house. Governor Brereton Jones called a spe-cial session of the General Assembly in 1993 to write legislative ethics rules that would restore public faith in that body. The rules tightly limited the amount of food and other favors a legislator could accept from lobbyists and set up an independent commission to investigate ethics complaints. From the beginning, legislators chaffed at the commission’s interpretations, and in 1996 the legislature rolled back the ethics law. The current commission’s members have all been appointed under the new law. Fran Ellers, “State Ethics Panel’s First Mission: Figuring Out How to Enforce Law”, Courier-Journal, May 13, 1993 at A11; “Ethics Law Seminar Leaves Legislators Fuming; Many Object to Panel’s Interpretation”, Courier-Journal, Dec. 2, 1993 at B3; Fran Ellers, “Weakened Ethics Law: Will It Hurt Legislators’ Image”, Courier-Journal, July 31, 1996 at A1.

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governor.ky.gov>, contains the full text of speeches and news releases covering his or her initiatives. The lack of systematic archiving of the website does lessen its utility for researching the history of legislation originating in the Governor’s office. Researchers should make copies of any document they rely on – it may not be there tomorrow.

b. [10.53] Attorney General

The website of the Attorney General, <http://ag.ky.gov>, has several useful features, not the least of which is an archive of attorney general opinions dating back to 1992. To find them, go to the Civil Branch tab, slide to Office of Civil and Environmental Law, then to Opinions (for general OAGs) or to Open Records & Open Meetings (for ORDs and OMDs).

Under Kentucky law, the written opinion of the Attorney General of Kentucky on certain matters is considered to be a legal precedent that a citizen or local government can rely on in good faith until that opinion is successfully overturned by a court:

KRS 15.025 Conditions to furnishing opinions.

The Attorney General, when requested in writing, under 15.020, shall furnish such opinions subject to the following conditions:

1. When questions of law of interest to the Commonwealth are submitted by a state department, agency, board or commission;

2. When public questions of law are submitted by either house of the Legislature or by any member of the Legis-lature;

3. When public questions of law pertaining to local govern-ment are submitted in writing by the proper public official of the county or other political subdivision of the Com-monwealth;

4. When, in the discretion of the Attorney General, the ques-tion presented is of such public interest that an Attorney General’s opinion on the subject is deemed desirable and when provided for by regulation pursuant to the provisions of this section.

Despite the importance of these determinations, they were not regularly available until the Banks-Baldwin company undertook to publish its Kentucky Attorney General’s Opinions service in the 1960s. Even so, certain unpublished decisions were only available as slip opinions and only collected by the libraries of the state law schools. The website contains opinions from 1992 to the present,

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with no distinction made between published and unpublished decisions. The archive can be searched by keyword or by the number of the opinion. The accompanying web page also has answers to frequently asked questions that helps put the attorney general opinions into their proper context. One item effectively answers the oft-asked question of how to determine whether an opinion is still current.

In addition to the opinions collection, the Attorney General’s website has an archive of open meetings and open records decisions, a booklet on the rights of citizens under the open records and open meetings acts, as well as guides to the application of the laws by public bodies. The Attorney General’s website also has a useful webpage concerning consumer protection resources in Kentucky, with relevant state statutes, online brochures, and links to national resources. There is also an online database of active charity promotions in the state and a listing of private foundations operating in Kentucky.

c. [10.54] Revenue Cabinet

The Kentucky Revenue Cabinet maintains a useful Online Taxpayer Ser-vice Center, <http://revenue.ky.gov>, containing a large collection of downloadable tax forms stored in printable PDF format, <http://revenue.ky.gov/forms/>, and pub-lications. The latest version of the website has customized menus for individuals, businesses, and tax professionals. In addition to the forms archive, the cabinet’s site has a telephone directory, a list of taxpayer service centers, a tax filing calendar, as well as copies of the taxpayer’s bill of rights and the protest and appeals procedures.

d. [10.55] Secretary of State

The Kentucky Constitution gives the Secretary of State (“SOS”) of Ken-tucky a varied set of duties ranging from overseeing elections to the recording of incorporations and other business filings. With sample incorporation forms, filing fee schedules, and documents explaining the law of corporations in Kentucky, the Secretary of State’s website, <http://sos.ky.gov>, is a valuable tool for persons seeking to set up a business in Kentucky.

From the Business tab, researchers may search the SOS database of corporate filings by firm name, the name of officers, or the name of registered agent. The page provides forms and information concerning Kentucky business fil-ings, including forms to file an annual report for a corporation, professional service corporation, or limited liability company; to file a renewal for an assumed name; and to purchase or validate any available certificate for the organization online. Another page explains the procedure for Uniform Commercial Code (“UCC”) filings and there is an online UCC index that can be searched by the name of the debtor or by the file number.

The Secretary of State’s other major responsibility is overseeing the state election law. The SOS site has a listing of those candidates who have filed for the next election that is updated regularly, as well as information on candidate filing

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requirements, an election calendar, and voter information such as sample ballots, <http://sos.ky.gov/elections/>. Separate pages outline the mission, membership, and staff of the State Board of Elections <http://www.elect.ky.gov/> and the Registry of Election Finance, < http://www.kref.ky.gov>. An archive of advisory opinions of the election finance registry can also be found on the registry’s page, as well as detailed information and forms to assist candidates in complying with the campaign finance laws. The election board’s site currently has archives of past election reports, but on election nights the site has real-time coverage of voting results.

e. [10.56] Labor Cabinet

The Kentucky Labor Cabinet, < http://labor.ky.gov >, manages the Depart-ment of Workers’ Claims, the state personnel office, and oversees the employee safety and civil rights laws. The cabinet’s more than adequate web page reflects these responsibilities. Perhaps the most useful feature for lawyers is the Workers’ Claims tab, where key statutes and regulations are republished, along with the Workers’ Compensation Guidebook, a handbook to the law aimed at the layperson but also useful as a nutshell for lawyers not normally practicing in this area. Also provided is a collection of regulatory forms based on the law and adopted by the Commissioner of Workers’ Claims.

Under the Workplace Standards tab, material concerning Kentucky child labor, wage and hour, and sex discrimination laws can be found. A separate page promotes occupational safety and health and contains a similar mix of state statutes, guides, and links to federal websites.

C. [10.57] Judicial Sites

1. [10.58] Commonwealth of Kentucky

The Kentucky judiciary’s main presence on the web is at <http://courts.ky.gov>. There are specific pages devoted to the Supreme Court, Court of Ap-peals, Circuit Courts, District Courts, Family Courts, the Circuit Court Clerks, and the judicial branches administrative body, the Administrative Office of the Courts (“AOC”). From the main page there are links to subpages for the Public, the Legal Community, the Media, and for Teachers & Students. See Chapter 2, Kentucky Judicial System, for more information on resources for lawyers on the Court of Justice website.

The AOC also maintains a docket database, CourtNet, <https://kcoj.kycourts.net/CourtNet/Search/Index>, with active dockets for most of the state’s district and circuit courts. Another notable feature is the Legal Forms page under the Resources tab. These are official AOC forms, sortable by topic and AOC number.

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a. [10.59] Supreme Court of Kentucky

The most useful feature of the Supreme Court of Kentucky’s webpage is the collection of the full text of published opinions dating back to 1999. Go to Supreme Court from the Courts tab and find Opinions on the right navigation bar. There is a rudimentary search engine for these opinions, which are saved in Adobe Acrobat PDF format. The opinions are listed on a single index page by party name in the order of the date of their rendition. Another useful addition to the Court’s website is the Court docket database (or the “step sheets”). The Court’s web page also gives attorneys access to the Court’s calendar, its oral argument procedures, discipline rules and orders amending rules. The site also has short biographies of the Justices and the court’s telephone directory.

b. [10.60] Court of Appeals

The Court of Appeals website has links to a database of searchable opinions (1996-present) and a current docket database. (See the right navigation bar). Both databases use the same software and interface as the Supreme Court’s opinions and docket databases. The site also has biographies of judges, the court’s oral arguments calendar, minutes of the court’s opinions and orders, copies of the court’s rules and procedures, a map of the Court of Appeals districts, and mailing addresses.

c. [10.61] District and Circuit Courts of Kentucky

The local rules for each of the state’s District and Circuit Courts can be accessed by going to the Courts tab, clicking the District or Circuit as desired and them clicking the Local Rules of Practice link on the right navigation bar.

2. [10.62] Federal

a. [10.63] Supreme Court

There are several sites where one can find decisions of the United States Supreme Court that, when used together, fully cover the Court’s activity. The best site for current coverage is the official Supreme Court website <http://www.supremecourt.gov>. The site posts new opinions within minutes of their release and has current docket information, a calendar of oral arguments, Supreme Court Rules and documents explaining the Court’s activities. Cornell University’s Legal Information Institute (“LII”), <https://www.law.cornell.edu/>, also has good cov-erage of new opinions, as well is cases back to 1793. SCOTUSblog <http://www.scotusblog.com/> has comprehensive coverage of cases before the Court.

b. [10.64] Court of Appeals Sixth Circuit

The website of U.S. Court of Appeals for the Sixth Circuit, from 1995 to present can be found at < http://www.ca6.uscourts.gov>. The site contains local

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rules, oral argument calendars, and biographical information on its judges. It also has links to very recent opinions. For early opinions (from 2007-2016) there is a link to the federal government’s FDSys page for U.S. Court Opinions <https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=USCOURTS>.5

The site also has a gateway to the Sixth Circuit’s segment of the PACER service. PACER is the system for accessing court opinions and docket informa-tion for the federal courts. There is an access fee of $.10 per page for documents (capped at $3.00 maximum per docket). To acquire an account, register online at <https://www.pacer.gov/>.

C. [10.65] Federal District Courts

The U.S. District Court for the Western District of Kentucky <http://www.kywd.uscourts.gov> and the Eastern District <http://www.kyed.uscourts.gov>, as well as the U.S. Bankruptcy Court, Western District <http://www.kywb.uscourts.gov> and Eastern District <http://www.kyeb.uscourts.gov/>, maintain websites. All four contain access to PACER and CM/ECF e-filing portals, civil and criminal local rules, daily updated court calendars, court filing fee schedules, a court directory, and information for jurors.

D. [10.66] Kentucky Bar Association

The Kentucky Bar Association (“KBA”) website <http://www.kybar.org/> has a useful organizational site, with descriptive material on the KBA’s or-ganization, committees, and routine activities, a master calendar of bar-sponsored Continuing Legal Education (“CLE”) events, a directory of telephone numbers of staff, and a link to the Kentucky Board of Bar Examiners web page <http://www.kyoba.org>. Members can log into the members area to get transcripts of their recent CLE activity.

Even more useful, however, is the KBA’s extensive collection of Kentucky ethics documents, including a database of all advisory opinions of the Kentucky Bar Association’s Committees on Ethics and Unauthorized Practice of Law. The Kentucky Bar Association’s website has additional ethics materials, including a comprehensive collection of rules of the Supreme Court regarding legal practice, including SCR 3.130, Kentucky Rules of Professional Conduct.

E. [10.67] County and Municipal Sites

For attorneys whose practice involves real estate, zoning, landlord-tenant law, or any of a number of areas of law in which a local government agency is likely to be a party, the websites of cities and counties can be a valuable resource. Find-ing a city website is as easy as doing a Google search for the city or county name

5 The Government Printing Office is transitioning to a new system in the next year or so <https://www.govinfo.gov/> but this link should work for the immediate future.

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and the word “government,” but navigating it likely requires some knowledge of the structure of government. The author suggests going to the LRC’s Information Bulletin and Research Reports page <http://www.lrc.ky.gov/lrcpubs/lrcpubs.htm> and downloading either Duties of Elected County Officials (revised 2002), County Government in Kentucky (revised 2015), or Kentucky Municipal Statutory Law (revised July 2015) from the Information Bulletin collection.

Several Kentucky cities and counties have web versions of their code of ordinances likely published by one of two companies. Municode <municode.com> and American Legal Publishing Co. <amlegal.com>. Municode has a Code Library tab on the front page that is organized by state. American Legal has a Library tab that works the same way.

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Citation of Legal Materials


11

CITATION OF KENTUCKY LEGAL MATERIALS



LEAH R. SMITHJackson, Mississippi

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I. [11.1] Kentucky Cases ................................................................. 11-5A. [11.2] The Bluebook: A Uniform System of

Citation and the Association of Legal Writing Directors’ ALWD Citation Manual (“ALWD”) ............................................................11-5

B. [11.3] Kentucky Practice .................................................11-5

II. [11.4] Kentucky Statutes ............................................................. 11-6A. [11.5] Bluebook & ALWD ...............................................11-6

1. [11.6] Baldwin’s Kentucky Revised Statutes Annotated ..................................11-6

2. [11.7] Michie’s Kentucky Revised Statutes Annotated ..................................11-6

B. [11.8] Kentucky Practice .................................................11-7

III. [11.9] Kentucky Acts .................................................................... 11-7A. [11.10] Bluebook & ALWD ...............................................11-7B. [11.11] Kentucky Practice .................................................11-7

IV. [11.12] Legislative Journals .......................................................... 11-8A. [11.13] Bluebook ...............................................................11-8B. [11.14] ALWD ....................................................................11-8C. [11.15] Kentucky Practice .................................................11-9

V. [11.16] Historical Codes ................................................................ 11-9A. [11.17] Bluebook & ALWD ...............................................11-9B. [11.18] Kentucky Practice .................................................11-9

VI. [11.19] Kentucky Regulations ..................................................... 11-10A. [11.20] Bluebook & ALWD .............................................11-10

1. [11.21] Kentucky Administrative Regulations ...........................................11-10

2. [11.22] Administrative Register of Kentucky .............................................. 11-11

B. [11.23] Kentucky Practice ............................................... 11-111. [11.24] Kentucky Administrative

Regulations ........................................... 11-112. [11.25] Administrative Register

of Kentucky .......................................... 11-11

VII. [11.26] Administrative Decisions ................................................ 11-12A. [11.27] Bluebook .............................................................11-12B. [11.28] ALWD ..................................................................11-12C. [11.29] Kentucky Practice ...............................................11-12

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VIII. [11.30] Executive Orders of the Kentucky Governor ............... 11-13A. [11.31] Bluebook & ALWD ............................................11-13B. [11.32] Kentucky Practice ..............................................11-13

IX. [11.33] Opinions of the Attorney General of Kentucky ............ 11-13A. [11.34] Bluebook ............................................................11-13B. [11.35] ALWD .................................................................11-13C. [11.36] Kentucky Practice ..............................................11-14

X. [11.37] Kentucky Rules of Court ................................................ 11-14A. [11.38] Bluebook & ALWD .............................................11-14B. [11.39] Kentucky Practice ...............................................11-14

XI. [11.40] Websites ............................................................................ 11-15A. [11.41] Bluebook .............................................................11-15B. [11.42] ALWD ..................................................................11-15C. [11.43] Kentucky Practice ...............................................11-16

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I. [11.1] Kentucky Cases

A. [11.2] The Bluebook: A Uniform System of Citation and the Association of Legal Writing Directors’ ALWD Citation Manual (“ALWD”)

Supreme Court (Ky.) (or the Court of Appeals before 1976): In docu-ments submitted to Kentucky courts, cite to Ky. or Ky. Op. if published there and also to S.W., S.W.2d, or S.W.3d if published there. In all other documents, cite only to S.W., S.W.2d, or S.W.3d if published there; otherwise, cite to Kentucky Reports. If not there, Ky. Op., then Ky. L. Rptr., Ky. App. Rptr., or Ky. Law Summary.

Court of Appeals (Ky. Ct. App.) (for cases before 1976 see above): Cite first to S.W.2d or S.W.3d; if not there, cite to Ky. App. Rptr. or Ky. L. Summary.

General rule: A Bluebook/ALWD case citation consists of the parties’ names, which are underlined and separated by “v.”, followed by a comma, the reporter volume number, the abbreviation of the reporter name, the number of the first page of the case, and the year of the decision enclosed in parentheses and preceded by the proper court designator. For more detail, consult The Bluebook : A Uniform System of Citation, 20th ed., 2015 or ALWD Citation Manual, 4th, 2014.

Haney v. Butler, 990 S.W.2d 611 (Ky. 1999) case name, vol.# reporter pg.# (court year)

Examples: Haney v. Butler, 990 S.W.2d 611 (Ky. 1999) Owens v. Williams, 955 S.W.2d 196 (Ky. Ct. App. 1997)

Case names are not underlined in law review footnotes. If you are men-tioning a case in the text of a law review article, italics are used.

B. [11.3] Kentucky Practice

In 2004, the Kentucky Supreme Court issued order (2004-5) prescribing a new method for citing Kentucky cases. Effective January 1, 2005, the Kentucky Rules of Civil Procedure were amended as follows:

Form of citations. All citations of Kentucky Statutes shall be made from the official edition of the Kentucky Revised Statutes and may be abbreviated “KRS.” The citation of Kentucky cases reported after January 1, 1951, shall be in the following form for decisions of the Supreme Court and its predecessor court: Doe v. Roe, ___ S.W.2d ___ or ___ S.W.3d ___ (Ky. [date]), or for reported decisions of the present Court of Appeals, Doe v. Roe, ___ S.W.2d ___ or ___ S.W.3d ___ (Ky. App. [date]). For cases reported prior thereto both Kentucky Reports and Southwestern citations shall be given. CR 76.12(4)(g)

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The new rule brought Kentucky practice more in line with the Bluebook and ALWD styles, although citation to the lower appellate court is slightly at vari-ance.

Examples: Haney v. Butler, 990 S.W.2d 611 (Ky. 1999) Owens v. Williams, 955 S.W.2d 196 (Ky. App. 1997)

Historical Note: Until January 1, 2005, Kentucky rules prescribed a different cita-tion style, one that can still be seen in old citations. The old rule read as follows.

The citation of Kentucky cases reported after January 1, 1951, shall be in the following form for decisions of the Supreme Court and its predecessor court: Doe v. Roe, Ky., ____ S.W.2d ____ (date), or for reported decisions of the present Court of Appeals, Doe v. Roe, Ky. App., ____ S.W.2d ____ (date). For cases re-ported prior thereto both Kentucky Reports and Southwestern citations shall be given. CR 76.12(4)(g).

Despite the examples given in the rule, the old practice was to underline the case name.

Example: Haney v. Butler, Ky., 990 S.W.2d 611 (1999)

II. [11.4] Kentucky Statutes

A. [11.5] Bluebook & ALWD

Cite to one of the official codes –

1. [11.6] Baldwin’s Kentucky Revised Statutes Annotated

Ky. Rev. StAt. Ann. § x (West year) (use small caps only for law reviews)

Example: Ky. Rev. Stat. ann. § 27A.200 (West 2015)

2. [11.7] Michie’s Kentucky Revised Statutes Annotated

Ky. Rev. StAt. Ann. § x (LexisNexis year) (use small caps only for law reviews)

Example: Ky. Rev. Stat. ann. § 27A.200 (LexisNexis 2015)


CR 76.12(4)(g) Form of citations

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All citations of Kentucky Statutes shall be made from the official edition of the Kentucky Revised Statutes and may be abbreviated “KRS.”

Example: KRS 27A.200

III. [11.9] Kentucky Acts

A. [11.10] Bluebook and ALWD

Cite to Ky. Acts in the following format:

year Ky. Acts page number

Example: 2015 Ky. Acts 157

If citing to an act found in Baldwin’s Kentucky Revised Statutes and Rules Service, cite as:

year-pamplet number Ky. Rev. Stat & R. Serv. page number (West).

Example: 2015-1 Ky. Rev. Stat & R. Serv. 157 (West)

If citing to an act only found in Michies’s Kentucky Revised Statutes Advance Legislative Service, cite as:

year Ky. Rev. Stat Adv. Legis. Serv. page number (LexisNexis).

Example: 2015 Ky. Rev. Stat Adv. Legis. Serv. 157 (LexisNexis)

Bluebook does not distinguish between acts of a regular or special session of the General Assembly.


The Kentucky legislature, in directing state agencies as to the proper way to draft new administrative regulations, set its rules for citing its acts. KRS 13A.222(4)(m)(2):

• If an act has not been codified in the Kentucky Revised Statutes...the citation shall be as follows: “(year) Ky. Acts ch. (chapter number), sec. (section number).” KRS 13A.222(4)(m)(2)(a).

• For acts of extraordinary sessions, the citation shall be as follows: “(year) (Extra. Sess.) Ky. Acts ch. (chapter num-ber), sec. (section number).” If there is more than one (1) extraordinary session of the General Assembly in the year,

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the citation shall specify the specific extraordinary session, as follows: “(year) (2d Extra. Sess.) Ky. Acts ch. (chapter number), sec. (section number).” KRS 13A.222(4)(m)(2)(b).

• If the statutory authority is an appropriation act, the citation shall be as follows: “(year) Ky. Acts ch. (chapter number), Part (part and subpart numbers).” KRS 13A.222(m)(4).

This format is the same as is set out in Sec. 319 of the Bill Drafting Manual for the Kentucky General Assembly (LRC Information Bulletin No. 117. November 2011).

One commonly used variation is to substitute the section symbol (“§”) for “sec.”

Examples: 2005 Ky. Acts ch. 168, sec. 2 2005 Ky. Acts ch. 168, § 2

IV. [11.12] Legislative Journals

A. [11.13] Bluebook

Bluebook provides some general guidance on proper citation of state legislative journals. The citation should include the abbreviated name of the legis-lative body and type of document or material, the number of the legislative body connected by a hyphen to the number of the journal (if applicable), the legislature designation (if available), the abbreviated session designation (if available), the part or page number on which the material being cited appears, and the state and year of publication in a parenthetical.

Example: H. Journal, Reg. Sess., at 54 (Ky. 2010)

The name of the legislative journal, generally, is in small caps in law review footnotes.

B. [11.14] ALWD

ALWD provides detailed guidance on proper citation of state legislative journals. The citation should include the abbreviated state name and the name of the journal, followed by the legislature designation (if available), the abbreviated session designation (if available), and a pinpoint reference. The date should be listed last in a parenthetical. ALWD abbreviations may be slightly different from Bluebook (see “Sen.” as proper ALWD abbreviation for “Senate” and “S.” as proper Bluebook abbreviation for “Senate”).

Example: Ky. Sen. Journal, Reg. Sess. 54 (2010)

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C. [11.15] Kentucky Practice

House and Senate Journals cited in Kentucky court decisions do not fol-low Bluebook/ALWD style. Instead, the abbreviated state is listed first, followed by the legislative body and type of document or material, session type, and pinpoint page(s). The year of publication should follow in a parenthetical. All full words are abbreviated, generally following Bluebook tables, and there is no comma separation between words and phrases, except before the pinpoint reference.

Example: Ky. H.J. Reg. Sess., at 54 (2010)

The Legislative Record, published by the Kentucky Legislative Research Commission, is also commonly used among practitioners seeking legislative history. Generally, Kentucky courts cite this journal as the name, italicized, and the full date, separated by commas. The volume number, issue number, and abbreviated session type follow in a parenthetical. A pinpoint page(s) cited as “p. (no.)” should be included after the parenthesis.

Example: Legislative Record, May 4, 1992 (Vol. 20, No. 102, Reg. Sess.), p. 37

V. [11.16] Historical Codes


There is no specific direction as to citing state historical codes.


The major historical codes predating the Kentucky Revised Statutes are Carroll’s Kentucky Statutes and the General Statutes of Kentucky. Courts are not consistent in citation of these materials. Generally, citations should include the name of the code, italicized, and the abbreviated chapter, article, and section numbers. The word “section,” in its abbreviated form, is sometimes replaced with the symbol for section. The edition and date should follow in a parenthetical.

Examples: Carroll’s Ky. Statutes, sec. 483 (6th ed. 1922) Carroll’s Ky. Statutes, § 483 (6th ed. 1922) General Statutes of Ky., ch. 38, art. 13, sec. 9 (1st ed. 1881)

Some citations include a parenthetical explaining that the historical code is a “pre-decessor” to the Kentucky Revised Statutes.

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Example: Carroll’s Ky. Statutes, § 483 (6th ed. 1922) (predecessor to the Kentucky Revised Statutes)

Often it is difficult to determine what code exactly is being cited in old cases, treatises, and statute annotations. The following table indicates a few com-mon cites and variations. See also Mary Miles Prince, Bieber’s Dictionary of Legal Abbreviations, 6th ed. (2009).

Source Citation

Bradford’s Statutes of Kentucky Brad.

Littell’s Statute Law of Kentucky Litt. Laws, Litt. Comp. Laws. (“Litt.” usually refers to his law reports)

Littell and Swigert Litt. & S. St. Law

Morehead and Brown M.&B., More. & Brown

Revised Statutes (or Myer’s Revised Statutes) R.S., Myer’s R.S.

General Statutes G.S.

Kentucky Statutes (or Carroll’s Kentucky Statutes) K.S., KS, Carroll’s K.S.

VI. [11.19] Kentucky Regulations



Cite following this rule:

title no. Ky. Admin. Regs. chapter no:regulation no. (year) (use small caps for law reviews)

Examples: 103 Ky. Admin. Regs. 25:131 (2005) 103 Ky. admin. RegS. 25:131 (2005) (law review style)

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2. [11.22] Administrative Register of Kentucky

Cite following this rule:

volume no. Ky. Admin. Reg. page no. (month year)

Example: 27 Ky. Admin. Reg. 25 (May 2005)


The “How to Cite” section (p.3) of the Kentucky Administrative Regula-tions has these citation rules:


Kentucky Administrative Regulations are codified according to the follow-ing system and are to be cited by Title, Chapter, and Regulation number, as follows:

Title Chapter Regulation103 KAR 25: 131Cabinet, Dept., Dept., Division Specific RegulationBoard or Agency or Major Function (subject specific)

Example: 103 KAR 25:131

2. [11.25] Administrative Register of Kentucky

According to Susan Wunderlich, Regulations Compiler, Legislative Re-search Commission, these citations are to be cited as:

[volume number] Ky. R. [page number]

Example: 27 Ky. R. 25

New regulations are marked up using the same citation format as used in the KAR. If you wish to pinpoint cite to subsections of that regulation, these documents are to be cited as [proposed KAR cite] at [volume number] Ky.R. [page number]:

Example: 103 KAR 25:131(1) at 27 Ky. R. 25

While not required, for clarity one can add a parenthetical “proposed on” or “final” date:

Example: 103 KAR 25:131(1) at 27 Ky. R. 25 (proposed July 1, 2000)

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VII. [11.26] Administrative Decisions

A. [11.27] Bluebook

There is no specific direction on citing to Kentucky administrative deci-sions, though the Bluebook does provide that state materials should be cited “by analogy” to the federal examples. Federal administrative decision citations should conform to the rules for regular case citations, save the exceptions listed below.

Administrative decisions should be cited by the reported name of the first-listed private party or by the official subject matter title, underlined. Always cite the official reporter of the agency. If the opinion does not appear in an official reporter, cite the official release or slip opinion, and include the full date, any help-ful publication number, and the number of the case or investigation. If the name of the issuing agency is not apparent, the name of the agency should be included in a parenthetical containing the date.

When an administrative decision is only available from a service or on the agency’s website, its citation should conform to the traditional citation rules for services and Internet sites.

Example: Hunt v. Mubea, Inc., Claim No. 201000707, at 6 (Workers’ Comp. Bd., Dec. 9, 2011)

Generally, the decision name is not underlined in law review footnotes.

B. [11.28] ALWD

ALWD website citations are very similar to Bluebook style. The major difference is that the case name is italicized instead of underlined in ALWD style. Also, generally the entire case name is cited.

Example: Hunt v. Mubea, Inc., Claim No. 201000707, 6 (Workers’ Comp. Bd., Dec. 9, 2011)


Kentucky administrative decisions are not often cited in briefs or opinions. When such decisions are comprehensively cited and the party names have already been referenced prior to the citation, the citation includes only the name of the issuing agency, the date, and a pinpoint page(s).

Example: Opinion of the Workers’ Compensation Board, Dec. 9, 2011, at 6

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For clarity, if the party names have not already been referenced, the citation should begin with the first-listed party, italicized.

Example: Hunt, Opinion of the Workers’ Compensation Board, Dec. 9, 2011, at 6

Federal administrative decisions and tax court cases are generally cited according to Bluebook/ALWD styles, except that the case name is italicized instead of underlined.

Example: Smith v. Comm’r of Internal Revenue, 3 T.C. 696 (1944)

Note: In all such cases when one is citing sources that are not commonly avail-able in a court filing, a copy of the document should be included as an appendix.

VIII. [11.30] Executive Orders of the Kentucky Governor


There is no specific direction on citing to executive orders of the governor of Kentucky.


In KRS 13A.222(4)(m)(5), which concerns the drafting of administrative regulations, the legislature directs that “the citation shall be as follows: ‘EO (year executive order issued)-(number of executive order).’”

Example: “In the wake of Hurricane Katrina, then-Kentucky Gover-nor Ernie Fletcher, by Executive Order 2005-927 (EO 5-927), declared a state of emergency in the Commonwealth.”

IX. [11.33] Opinions of the Attorney General of Kentucky

A. [11.34] Bluebook

There is no specific direction.

B. [11.35] ALWD

Cite to opinions of the Attorney General in the following format:

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Title(if given)*, Ky. Att’y Gen. Op. opinion number (year issued-number based In its sequence within that year)

Example: Ky. Att’y Gen. Op. 2001-01

*Opinions of the Kentucky Attorney General do not normally have titles.


Opinions of the Attorney General of Kentucky are arranged in three se-quences based on the separate areas in which he has statutory power to opine with legal force: general opinions (“OAG”), open meetings decisions (“OMD”), and (3) open records decisions (“ORD”).

Example: OAG 14-01 [(Apr. 25, 2014)]

Such opinions are commonly cited with the bare citation but it is a good practice to include the date parenthetically, if only as a check against typographical error.

Examples: 14-OMD-20 [(Jan. 23, 2014)] 14-ORD-03 [(Jan. 3, 2014)]

X. [11.37] Kentucky Rules of Court


The Bluebook gives no specific direction on citing to Kentucky rules (although it gives one example of a state court rule from Delaware). The ALWD Manual, on the other hand, has an appendix (Appendix 2: Local Court Citation Rules) devoted to court rules, but it merely directs to the sources in the table below.


Most of the court rules in use in Kentucky incorporate a rule for citation:

Rules Citation Authority

Kentucky Rules of Civil Procedure CR __ CR 1, CR 76.12(4)(g)

Kentucky Rules of Criminal Procedure RCr __ RCr 1.02(1)

Kentucky Rules of Evidence KRE __ KRE 101

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Kentucky Supreme Court Rules SCR __ SCR 1.000

Eastern and Western U.S. District Courts Joint Local Rules of Civil Practice LR __ LR 85.1

Eastern and Western U.S. District Courts Joint Local Rules of Criminal Practice LCrR __ LCrR 60.1

U.S. Bankruptcy Court, Western District of Kentucky L.B.R __ Used to be by rule;

now just custom.

U.S. Bankruptcy Court, Eastern District of Kentucky L.B.R. _ - _ L.B.R. 1001-1

XI. [11.40] Websites

A. [11.41] Bluebook

A Bluebook Internet citation consists of the name of the author(s) (if ap-plicable), the title of the specific page of the website (if applicable), underlined, the title of the main page of the website, the date and time, and the URL. If there is no date associated with the specific matter cited, when the website was “last modified,” “last updated” or “last visited” should be added after the URL.

Example: Business Services Overview, Kentucky Secretary of State, http://www.sos.ky.gov/business/ (last visited Jan. 1, 2012)

A parallel citation to an Internet source may be provided if it will substantially improve access to the cited source that is also available in a tradition printed me-dium. Such citation should be introduced with the phrase “available at” underlined.

Example: Michael Whiteman et al., Internet Citations in Appellate Court Opinions: Something’s Rotting in the Commonwealth, Bench & Bar, January 2012, at 22–24, available at http://www.kybar.org/documents/benchbar/2012/bb_0112_7.pdf

Bluebook style requires names of Internet sites, generally, to be in small caps in law review footnotes.

B. [11.42] ALWD

ALWD website citations are very similar to Bluebook style. The major difference is that the title is italicized.

11-16


Example: Business Services Overview, Kentucky Secretary of State, http://www.sos.ky.gov/business/ (last visited Jan. 1, 2012)


Kentucky courts are very inconsistent in Internet citation formatting, but loosely follow Bluebook and ALWD styles. The largest variance is in the use of italics. Some citations italicize the website name or page name. Also, some cita-tions list the website name before the page name.

Example: Criminal Justice Agency, CourtNet Individual User Agree-ment, http://courtnet.kycourts.net/courtnet/manuals/Court-NetCJIndividual.pdf

Time stamps are sometimes left out of the citation. When time stamps are included, Bluebook and ALWD style is generally followed, though the phrases “last viewed,” “viewed at,” or “accessed at” are also commonly used before the stamp.

Example: Merriam-Webster Dictionary Online, http://www.merriam-webster.com/dictionary (last viewed Mar. 16, 2011)

Parallel citations follow Bluebook and ALWD style. Generally, parallel citations are only used in footnotes and not in the text of briefs or decisions.

Example: Kentucky Bar Association, Unauthorized Practice of Law Opinion KBA U-63 (2006), available at http://www.kybar.org/documents/up/kba_u-63.pdf

http://courtnet.kycourts.net/courtnet/manuals/CourtNetCJIndividual.pdf

http://courtnet.kycourts.net/courtnet/manuals/CourtNetCJIndividual.pdf

http://www.merriam-webster.com/dictionary

http://www.merriam-webster.com/dictionary

I-1

Index


INDEX

I-2


I-3

Index

Index (References are to Handbook Section Numbers)

Administrative Lawgenerally, 7.1Administrative Register of Kentucky, 7.2, 7.4agency listing, 7.7citation of Kentucky regulations, 11.19-.25current regulations, 7.3

-electronic versions, 7.6-finding regulations, 7.5-other states’ regulations, 7.6-rulemaking and promulgating, 7.4-updating regulations, 7.6

decisions-generally, 7.7-on the Internet, 7.7

-Bloomberg Law, 7.7-Kentucky.gov, 7.7-Lexis Advance, 7.7-Westlaw, 7.7

history, 7.2Kentucky Administrative Regulations Service, 3.15, 3.23, 7.3, 7.6

-Legislative Research Commission web site, 10.50-Lexis Advance, 10.13-Westlaw, 10.29

opinons of the Attorney General, 7.8treatises and practice handbooks, 9.3

Administrative Office Of The Courtsadministration of the court, 2.33court of justice budget, 2.34CourtNet, 10.58State Law Librarian and Supreme Court Library, 2.35, 3.37, B-3website, 10.58

Administrative Register Of Kentucky See Administrative Law

Alcoholtreatises and practice handbooks, 9.4

Amendmentof Kentucky Constitution, 1.3, 1.22, 1.31

Annotationshistory notes of statute annotations, 3.33

I-4


official annotated statutory codes, 3.5-3.26

Appellate Practicetreatises and practice handbooks, 9.5

Archives See Kentucky Department For Library And Archives (KDLA)

Association of Legal Writing Directors (ALWD) Citation Manual See Citation

Attorney Generalopinions of, 7.8, 10.14, 10.30, 10.53, 11.33-.36

BankruptcyKentucky courts

-eastern and western district Internet resources, 10.65treatises and practice handbooks, 9.6

BillBill Drafting Manual for the Kentucky General Assembly, 5.1, 5.25Bills and Amendments, 5.11Bill Watch, 5.2Legislative Record, 5.2, 5.8pre-filing bills in legislature, 5.2public bill room, 5.1, 5.26stages of bill becoming law, 5.25

Bluebook See Citation

Brandeis, Louis D.Law School Library, 3.37

Budgetfor court of justice, 2.34

Business Entity Lawtreatises and practice handbooks, 9.13

Carroll’s Kentucky Statutesgenerally, 3.12, 3.31-.32

Case Law See also Specific Entriesgenerally, 6.2Casemaker, 10.35-.36citation of, 11.1-.3common law, 6.1criteria for publication, 2.47finding case law, 6.10

-citation review, 6.14

I-5

Index

-citators, 6.15-digest system, 6.12-search terms, 6.13-secondary sources, 6.11

Kentucky case reporting and publication, 6.2-.3-Kentucky Appellate Survey, 6.7-Kentucky Law Reporter, 6.4-Kentucky Law Summary, 6.6-Kentucky Opinions, 6.4-Kentucky Reports, 6.1-.2-Kentucky Trial Court Review, 6.8-South Western Reporter, 6.1, 6.3, 6.9-State Reports: A Historical Archive, 6.4-Supreme Court Minutes, 6.9

Kentucky Digest, 6.12, 8.10Lexis Advance, 10.5nominative reporters, 6.2, 6.17published and unpublished opinions, 2.41-.47, 6.3Westlaw, 10.20

Casemakergenerally, 10.35administrative law decisions, 10.39case law, 10.36constitution, 10.37court rules, 10.38orders, 10.38statutes, 10.37

Chief JusticeKentucky Supreme Court, 2.7

-administrative duties, 2.30

Circuit Court (Kentucky)generally, 2.12circuit court clerks, 2.36family court, 2.15judicial circuits, 2.14jurisdiction, 2.13

Citatoruse of, 6.15

Citationadministrative decisions, 11.26

-ALWD, 11.28-Bluebook, 11.27

I-6


-Kentucky practice, 11.29executive orders of governor, 11.30

-ALWD, 11.31-Bluebook, 11.31-Kentucky practice, 11.32

historical codes, 11.16-ALWD, 11.17-Bluebook, 11.17-Kentucky practice, 11.18

Kentucky acts, 11.9-ALWD 11.10-Bluebook, 11.10-Kentucky practice, 11.11

Kentucky cases, 11.1-ALWD, 11.2-Bluebook, 11.2-Kentucky practice, 11.3

Kentucky regulations, 11.19-ALWD, 11.20-.22-Bluebook, 11.20-.22-Kentucky practice, 11.23-.25

Kentucky rules of court, 11.37-ALWD, 11.38-Bluebook, 11.38-Kentucky practice, 11.39

Kentucky statutes, 11.4-ALWD, 11.5-.7-Bluebook, 11.5-.7-Kentucky practice, 11.8

legislative journals, 11.12-ALWD, 11.14-Bluebook, 11.13-Kentucky practice, 11.15

opinions of the attorney general, 11.33-ALWD, 11.35-Bluebook, 11.34-Kentucky practice, 11.36

websites, 11.40-ALWD, 11.42-Bluebook, 11.41-Kentucky practice, 11.43

City See also Local Legislationclassification of Kentucky cities, 4.4, 4.7

I-7

Index

Civil Litigation Practice & Proceduretreatises and practice handbooks, 9.7see also Kentucky Rules of Civil Procedure

Clerkscircuit court clerks, 2.36clerk of the supreme court, 2.31county clerks, 4.8

Code Of Conduct See Ethics And Professional Responsibility; JudicialCode Of Conduct

Collection Lawtreatises and practice handbooks, 9.8

Commercial Lawtreatises and practice handbooks, 9.9

Computer Assisted Legal Research (CALR) See Electronic Resources

Constitution See Kentucky Constitution

Constitutional Conventioncalling for, 1.3events at, 1.15-.21history of 1890 convention, 1.17means of amending constitution, 1.3

Constitutional Lawtreatises and practice handbooks, 9.10

Constructionof statutory authority, 3.4

Construction Lawtreatises and practice handbooks, 9.11

Consumer Lawtreatises and practice handbooks, 9.12

Corporation Lawtreatises and practice handbooks, 9.13

County See also Local Legislationcounty clerks in Kentucky, 4.8development of, 4.5, 4.8organization of county government, 4.5

I-8


County Court See Judicial System

Court Of Appeals See Kentucky Court of Appeals

Court Of Claims See Judicial System

Court Of Oyer And Terminer See Judicial System

Court Of Quarter Sessions See Judicial System

Court Recordsgenerally, 2.37

Courts See Judicial System

Criminal Law And Proceduretreatises and practice handbooks, 9.14

Damagestreatises and practice handbooks, 9.15

DigestsKentucky Digest, 6.12

District Court (Kentucky)generally, 2.16judicial districts, 2.18jurisdiction, 2.17trial commissioners, 2.19

Education Lawtreatises and practice handbooks, 9.16

Elder Lawtreatises and practice handbooks, 9.17

Electionelection law, treatises and practice handbooks, 9.18of Kentucky judiciary, 2.22of Kentucky Supreme Court justices, 2.6Secretary of State, 1.22, 9.18

Electronic Resourcescommercial CALR services, 10.1-.2

-Casemaker, 10.35-administrative law databases, 10.39-case law, 10.36-constitution, 10.37-court rules, 10.38-orders, 10.38

I-9

Index

-statutes, 10.37-Lexis Advance, 10.3

-administrative law databases, 10.12-Attorney General opinions, 7.8, 10.14-Department of Financial Institutions, Division of Securities Deci-

sions, 10.15-Kentucky Board of Tax Appeals, 10.15-Kentucky insurance bulletins and notices, 10.15-Kentucky market conduct examinations, 10.15-Kentucky public service commission decisions, 10.15-Kentucky public utility reports, 10.15-Natural Resources and Environmental Protection Cabinet deci-

sions, 10.15-regulations, 10.13-workers’ compensation decisions, 10.15

-case law databases, 10.5-Kentucky courts, 10.4-jury verdicts, 10.6

-Kentucky constitution, 10.11-Kentucky rules, 10.11-legislative materials, 10.10-secondary sources, 10.16

-law reviews and treatises, 10.17-newspapers and non-law periodicals, 10.18

-statutory databases, 10.7-annotated codes, 10.8-.9

-Westlaw, 10.19-administrative law databases, 10.28

-Attorney General opinions, 7.8, 10.30-blue sky decisions, 10.31-Kentucky banking and financial decisions, 10.31-Kentucky insurance bulletins, 10.31-personnel board decisions, 10.31-public service commission decisions, 10.31-regulations, 10.29-state tax decisions, 10.31

-case law databases, 10.20-Kentucky courts, 10.21-local federal district and appellate courts, 10.22

-secondary sources, 10.32-law reviews, bar journals and treatises, 10.33-newspapers and non-law periodicals, 10.34

-statutory databases, 10.23-annotated codes, 10.24-.25-court rules and orders, 10.27

I-10


-legislative materials, 10.26Internet based resources, 10.40

-administrative materials, 10.49-decisions, 7.7-Kentucky administrative regulations, 10.50-opinons of the attorney general, 7.8, 10.53

-county and municipal sites, 10.67-executive branch materials, 10.51

-Attorney General, 10.53-Governor, 10.52-Labor Cabinet, 10.56-Revenue Cabinet, 10.54-Secretary of State, 10.55

-judicial materials, 10.57-Commonwealth of Kentucky, 10.58

-Administrative Office of the Courts, 10.58-Court of Appeals, 10.60-District and Circuit Courts, 10.61-Supreme Court, 10.59

-Federal, 10.62-Bankruptcy Court, Eastern District, 10.65-Bankruptcy Court, Western District, 10.65-Court of Appeals, Sixth Circuit, 10.64-District Courts of Kentucky, Eastern District, 10.65-District Courts of Kentucky, Western District, 10.65-Supreme Court, 10.63

-Kentucky Bar Association, 10.66-Kentucky constitution, 10.42-Kentucky legislation, 10.44

-bills and resolutions, 10.46-general information, 10.45-legislative ethics opinions, 10.48-legislative publications, 10.47

-Kentucky statutory materials, 10.41-Kentucky Revised Statutes, 10.43

Employment Lawtreatises and practice handbooks, 9.19

Equine Lawtreatises and practice handbooks, 9.20

Ethics And Professional Responsibilitygeneral legal ethics research tools, 8.12-.13

-ethics manuals, 8.14-Shepard’s Professional and Judicial Conduct Citations, 8.10, 8.15

I-11

Index

-treatises, 8.16-websites, 8.17

judicial ethics research, 8.19researching Kentucky legal ethics, 8.6

-case law, 8.10-Kentucky Bar Association, 8.9, 8.21-Kentucky Legal Ethics Deskbook, 8.8, 9.21-treatises and practice handbooks, 8.11, 9.21

sources of Kentucky ethics law, 8.1-.2-case law, 8.5-formal and informal advisory opinions, 8.4, 8.22-Kentucky Rules of Professional Conduct, 8.3

unauthorized practice of law, 8.18

Evidencetreatises and practice handbooks, 9.22

Executive Branchexecutive branch materials, Internet, 10.51-.56

-Attorney General, 10.53, 11.33-.36-Governor, 10.52, 11.30-.32-Labor Cabinet, 10.56-Revenue Cabinet, 10.54-Secretary of State, 10.55

Family Lawtreatises and practice handbooks, 9.23

Family Courtgenerally, 2.15

Federal Courtsin Kentucky, 2.82

Final Legislative Recordlegislative publications, 5.9

Fiscal Court See Judicial System

Form Bookstreatises and practice handbooks, 9.24

General Assembly Bill Room, 5.1, 5.26Bill Watch, 5.2normal effective dates for legislation, 5.27pre-filing of bills, 5.2sessions of, 5.2

I-12


General Court See Judicial System

Government Lawtreatises and practice handbooks, 9.25

Governorexecutive orders, 11.30-.32Internet resources, 10.52power to convene General Assembly, 5.2

Health Lawtreatises and practice handbooks, 9.26

HeinOnlinetracing statutes, 3.33

House Journalgenerally, 5.13, 5.32

Information Bulletinsgenerally, 5.17

Interim Legislative Recordlegislative publications, 5.10

Insurance Lawtreatises and practice handbooks, 9.27

Intellectual Propertytreatises and practice handbooks, 9.28

Internetresources, 10.40

-administrative materials, 10.49-decisions, 7.7-Kentucky administrative regulations, 10.50-opinons of the attorney general, 7.8, 10.53

-county and municipal sites, 10.67-executive branch materials, 10.51

-Attorney General, 10.53-Governor, 10.52-Labor Cabinet, 10.56-Revenue Cabinet, 10.54-Secretary of State, 10.55

-judicial materials, 10.57-Commonwealth of Kentucky, 10.58

-Administrative Office of the Courts, 10.58-Court of Appeals, 10.60

I-13

Index

-District and Circuit Courts, 10.61-Supreme Court, 10.59

-Federal, 10.62-Bankruptcy Court, Eastern District, 10.65-Bankruptcy Court, Western District, 10.65-Court of Appeals, Sixth Circuit, 10.64-District Courts of Kentucky, Eastern District, 10.65-District Courts of Kentucky, Western District, 10.65-Supreme Court, 10.63

-Kentucky Bar Association, 10.66-Kentucky constitution, 10.42-Kentucky legislation, 10.44

-bills and resolutions, 10.46-general information, 10.45-legislative ethics opinions, 10.48-legislative publications, 10.47

-Kentucky statutory materials, 10.41-Kentucky Revised Statutes, 10.43

Journalsbar, 5.22

-Kentucky Bench and Bar, 5.22, 8.4, 8.18law, 5.22

-Kentucky Law Journal, 5.22, 10.17, 10.33-Louisville Law Review, 5.22, 10.17, 10.33-Northern Kentucky Law Review, 5.22, 10.17, 10.33

Judges See also JusticesKentucky judiciary, 2.20

-compensation, 2.27-elections, 2.22-interim appointments to fill vacancies, 2.24-prohibited activities, 2.26-qualifications, 2.23-retirement and removal, 2.25

Judicial Code of Conduct See also Ethics and Professional Responsibilitygenerally, 2.28, 8.19

Judicial Systemadministration of courts, 2.29

-administrative duties of Chief Justice, 2.30-Administrative Office of the Courts, 2.32

-administration of the court, 2.33-court of justice budget, 2.34-State Law Librarian and Supreme Court Library, 2.35, 3.37, B-3

I-14


-clerk of the supreme court, 2.31circuit court clerks, 2.36court records, 2.37court rules and jury instructions, 2.38

-jury instructions, 2.40-Kentucky Rules of Court, 2.39

courts under Kentucky Constitution, 2.2-circuit courts, 2.12

-judicial circuits, 2.14-jurisdiction, 2.13

-court of appeals, 2.8-judicial districts, 2.11-jurisdiction, 2.9-standard of review, 2.10

-district courts, 2.16-judicial districts, 2.18-jurisdiction, 2.17

-family court, 2.15-supreme court, 2.3

-chief justice, 2.7-districts, 2.5, 2.85-.92-election of justices, 2.6-jurisdiction, 2.4

-trial commissioners, 2.19federal courts in Kentucky, 2.82history of court system, 2.48

-courts under the first constitution, 1792-1799, 2.50-county court, 2.53-court of appeals, 2.57-court of oyer and terminer, 2.54-court of quarter-sessions, 2.52-district court, 2.55-general court, 2.56-justices’ court, 2.51

-courts under the fourth constitution up to 1976 judicial amendment, 2.73-circuit court, 2.79-county court, 2.75-court of appeals, 2.80-fiscal court, 2.77-justices’ court, 2.74-police court, 2.78-quarterly court, 2.76

-courts under the second constitution, 1799-1850, 2.56-circuit court, 2.61

I-15

Index

-court of appeals, 2.63-court of quarter-sessions, 2.60-county court, 2.59-district court, 2.59-general court, 2.62-justices’ court, 2.59

-courts under the third constitution, 1850-1892, 2.64-circuit court, 2.70-court of appeals, 2.71-court of claims, 2.67-county court, 2.66-general court, 2.69-justices’ court, 2.65-quarterly court, 2.68-superior court, 2.72

-judicial reform of 1975, 2.81Kentucky judiciary, 2.20

-compensation, 2.27-elections, 2.22-interim appointments to fill vacancies, 2.24-Judicial Code of Conduct, 2.28, 8.19-prohibited activities, 2.26-qualifications, 2.23-retirement and removal, 2.25

Judiciary See Judges

Jury Instructionsgenerally, 2.40treatises and practice handbooks, 9.29

Justices See also Judgeschief justice of the Kentucky Supreme Court, 2.7election of Kentucky Supreme Court, 2.6on Kentucky Supreme Court, history, 2.84

Justices’ Court See Judicial System

Kentucky Actsgenerally, 5.2, 5.6-.7

Kentucky Administrative Regulations Service See Administrative Law

Kentucky Appellate Survey, 6.7

Kentucky Bar Associationethics opinions, 8.4, 8.9Internet site, 8.4, 10.66

I-16


Kentucky Bench And Baras official reporter of ethics opinions, 5.22, 8.4, 8.22as official reporter of unauthorized practice of law opinions, 8.18, 8.22

Kentucky Constitutionamendment of 1.3bills, 5.2citations to the constitution in judicial decisions, 1.14commentaries on, 1.9constitutional history, 1.9

-constitution of 1792, 1.25-.26-constitution of 1799, 1.27-constitution of 1850, 1.28-constitution of 1891, 1.29-constitutional revision assembly, 1964-66, 1.30-notable amendments, 1.31

constitutional law-treatises, guides, and practice handbooks, 1.9, 9.10

methods of interpreting, 1.7outline of, 1.33provisions of current constitution, 1.1-.2publication of, 1.4-.6

-electronic editions, 1.6-official annotated editions, 1.5

records and debates of constitutional conventions, 1.15-documentary history of amendments, 1.22-documentary history of the 1890 constitutional convention, 1.17-documents of Kentucky’s three prior constitutions, 1.18-general principles, 1.16

researching Kentucky constitution, 1.8-using annotated codes, 1.10-.11-using Kentucky Digests, 1.13-using LRC website, 10.42-using Shepard’s, 1.14-using Westlaw and Lexis, 1.12

researching other state constitutions, 1.23revision of, 1.3

Kentucky Court Of Appealsgenerally, 2.8Internet resources, 10.60judicial districts, 2.11jurisdiction, 2.9published and unpublished opinions, 2.43standard of review, 2.10

I-17

Index

Kentucky Department For Library And Archives (KDLA)generally, 2.37, 7.7

Kentucky Digest, 6.12

Kentucky Gazette, 3.31

Kentucky Jurisprudence, 6.1-.2

Kentucky Law Reporter, 6.4

Kentucky Law Summary, 6.6

Kentucky Legal Ethics Deskbook, 8.4, 8.8, 8.18-.19

Kentucky Opinions, 6.4

Kentucky Reports, 6.1-.2

Kentucky Revised Statutes See also Statutory Authorityas primary source of statutory law, 3.2certified version, 3.2inclusion of Kentucky Constitution, 1.11Notes and Annotations to the Kentucky Revised Statutes (1944), 3.33official version of, 3.2provisions for local government, 4.1-.5

Kentucky Rules Of Civil Procedure (CR) generally, 2.39Casemaker, 10.38citation, 11.39treatises and practice handbooks, 9.7Westlaw, 10.27

Kentucky Rules Of Courtgenerally, 2.39, 8.3, 10.27, 10.38

Kentucky Rules Of Criminal Procedure (RCr)generally, 2.39Casemaker, 10.38citation, 11.39Westlaw, 10.27

Kentucky Rules Of Evidence (KRE)generally, 2.39Casemaker, 10.38citation, 11.39treatises and practice handbooks, 9.22

I-18


Kentucky Supreme Courtgenerally, 2.3chief justice, 2.7districts, 2.5, 2.85election of justices, 2.6jurisdiction, 2.4justices of, history, 2.84Minutes, 6.9published and unpublished opinions, 2.42rules of professional conduct, 8.3supreme court law library, 2.35, 3.37, B-3

Kentucky Trial Court Review, 6.8

Labor CabinetInternet resources, 10.56

Law Summary See Kentucky Law Summary

Legal Research general legal research guides, A-5 to A-6international law research guides, A-23 to A-24state-specific legal research guides, A-6 to A-23

Legislative Ethicsopinions, 10.48

Legislative Process And History See also Local LegislationKentucky Acts, 5.2Kentucky process, 5.1-.2legislative history, 5.3legislative publications, 5.4

-Bills and Amendments, 5.11-Final Legislative Record, 5.9-House Journal, 5.13-Interim Legislative Record, 5.10-Kentucky acts, 5.6-Kentucky revised statutes, 5.5-Legislative Record, 5.2, 5.8-roll call votes, 5.12-Senate Journal, 5.13

Legislative Reseach Commission, 5.14-committee minutes, 5.15-information bulletin series, 5.17, 5.30-research memoranda, 5.18, 5.31-reserach publications, 5.19-research reports, 5.16, 5.29

I-19

Index

legislative timeline, 5.7normal effective dates for legislation, 5.27other sources

-Bill Watch, 5.2-Kentucky Educational Television, 5.21-law and bar journals, 5.22-newspapers, 5.23-Pure Politics, 5.20

public bill room, 5.26tracing the history of legislation, 5.28

Legislative Recordof Kentucky, 5.2, 5.8Kentucky Acts, 5.2

Legislative Research Commission (LRC)codification of KRS, 3.3committee minutes, 5.15compilation of administrative regulations, 7.2designation of certified version of KRS, 3.2information bulletins, 5.17, 5.30Legislative Record, 5.2, 5.8LRC research reports, 5.16, 5.29maintenance of official version of KRS, 3.2research memoranda, 5.18, 5.31research publications, 5.19research reports, 5.16, 5.29website, 10.41

Lexington-Fayette Urban County Government (LFUCG)generally, 4.3

Lexington Herald-LeaderGeneral Assembly activities, 5.23, 10.18, 10.34

Lexis Advancegenerally, 10.3administrative law databases, 10.12

-Attorney General opinions, 10.14-Department of Financial Institutions, Division of Securities Decisions,

10.15-Kentucky Board of Tax Appeals, 10.15-Kentucky insurance bulletins and notices, 10.15-Kentucky market conduct examinations, 10.15-Kentucky public service commission decisions, 10.15-Kentucky public utility reports, 10.15-Natural Resources and Environmental Protection Cabinet decisions,

I-20


10.15-regulations, 10.13-workers’ compensation decisions, 10.15

case law databases, 10.5-Kentucky courts, 10.4-jury verdicts, 10.6

Kentucky constitution, 10.11Kentucky rules, 10.11legislative materials, 10.10secondary sources, 10.16

-law reviews and treatises, 10.17-newspapers and non-law periodicals, 10.18

statutory databases, 10.7-annotated codes, 10.8-.9

LibrariesKentucky public law libraries, B-3 to B-4State Law Librarian and Supreme Court Library, 2.35, 3.37, B-3

Local Legislationcounty development, 4.5, 4.8enactment and publication of ordinances and local legislation, 4.1-.4

-ordinances on the Internet, 4.2-.3Kentucky classification of cities, 4.4, 4.7Lexington-Fayette Urban County Government, 4.3municipalities, 4.4, 4.7organization of county government, 4.5organization of local governments, 4.4

Louisville Courier-JournalGeneral Assembly activities, 5.23, 10.18, 10.34

Louisville/Jefferson County Metro Governmentgenerally, 4.2

Motor Vehiclestreatises and practice handbooks, 9.30

Municipalitiesclassification of, 4.4, 4.7plan of municipal governments, 4.7

NewspapersBowling Green News, 10.34Daily Legislative Record, 5.26Friday Legislative Record, 5.26Kentucky Gazette, 3.31

I-21

Index

Kentucky Post, 10.34Lexington Herald-Leader, 5.23, 10.18, 10.34Louisville Business First, 10.18Louisville Courier-Journal, 5.23, 10.18, 10.34Owensboro Messenger Inquirer, 10.34Paducah Sun, 10.34

Nominative Reportersconversion table for, 6.17publication of early Kentucky cases, 6.2

Open Meetings LawAttorney general opinions regarding, 10.39, 10.53

Open Records Lawand court records, 2.37Attorney general opinions regarding, 10.39, 10.53

Ordinance See Local Legislation

Partnership Lawtreatises and practice handbooks, 9.13

Police Court See Judicial System

Precedenteffect of published and unpublished opinions, 2.41

-Court of Appeals, 2.43-effect of Unpublished Opinions, 2.44

-criteria for publication, 2.44-publication rule, 2.45-rationale for publication rule, 2.46

-Supreme Court, 2.42

Probate and Estatestreatises and practice handbooks, 9.31

Products Liabilitytreatises and practice handbooks, 9.32

Professional Responsibility See Ethics And Professional Responsibility

Property and Real Estatetreatises and practice handbooks, 9.33

Public Bill Roomgenerally, 5.26

I-22


Quarterly Court See Judicial System

Recordsof court, 2.37

Reference Booksgenerally, 9.34

Regulations See Administrative Law

Removalof Kentucky judiciary, 2.25

Research Memorandafrom LRC, 5.18

Research Reportsfrom LRC, 5.16

Resolutionshow passed, 5.25

Retirementof Kentucky judiciary, 2.25

Retroactiveretroactive effect of statutes, 3.4

Revenue CabinetInternet resources, 10.54

Roll Call Voteslegislative publications, 5.12

Rules Of Court See Kentucky Rules Of Court

Secretary of StateInternet resources, 10.55

Securities Lawtreatises and practice handbooks, 9.35

Senate Journalgenerally, 5.12-.13, 5.28, 5.32

Shepard’s Kentucky Citationsstatute edition, 3.27

I-23

Index

Shepard’s Professional and Judicial Conduct Citations, 8.10, 8.15

Sixth Circuit Court of Appealscourt rules, 2.39federal courts in Kentucky, 2.82Internet resources, 10.64jury instructions, 2.40Lexis resources, 10.5Westlaw resources, 10.22

South Western Reportergenerally, 6.1, 6.3, 6.9

Standard of ReviewKentucky Court of Appeals, 2.10

State Law Librariangenerally, 2.35, 3.37, B-3

Statutes of Limitationtreatises and practice handbooks, 9.36

Statutory Authorityconstruction, 3.4history of Kentucky statutes, 3.31Kentucky Revised Statutes, 3.1-.27

-codification process, 3.3-construction of, 3.4-Notes and Annotations to the Kentucky Revised Statutes (1944), 3.33-official annotated codes, 3.5-.27

-Baldwin’s Kentucky Revised Statutes, 3.12-annotations, 3.15-electronic versions, 3.18-format, 3.13-indexes, 3.16-updates, 3.14-user’s guide, 3.17

-common features, 3.6-cross-references to other sections, 3.8-decisions, 3.10-history notes, 3.7-references to secondary sources, 3.9-updates, 3.11

-Michie’s Kentucky Revised Statutes, 3.19-annotations, 3.23-electronic versions, 3.26-format, 3.20

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-indexes, 3.24-microfilm versions, 3.26-title and chapter analyses, 3.22-updates, 3.21-user’s guide, 3.25

-provisions for local government, 4.1-.5Shepard’s Kentucky Citations, Statute Edition, 3.27superseded codes, 3.28

-KRS on legal effect of old codes, 3.30tracing a current statute back to its origin, 3.33, 5.28

-1942 revision committee’s notes and annotations, 3.33-HeinOnline, 3.33-history notes of statute annotations, 3.33-Michie’s KRS on microfiche, 3.26-Notes and Annotations to the Kentucky Revised Statutes (1944), 3.33-tracing statute back beyond 1873, 3.33-tracing statute back to 1942 and beyond, 3.33-statutory revision of 1942, 3.33

Superior Court See Judicial System

Superseded Codesworking with, 3.29

-KRS on legal effect of old codes, 3.30

Supreme Court See Kentucky Supreme Court; United States Supreme Court

Supreme Court Districtsgenerally, 2.5maps of, 2.85

TaxationKentucky Revenue Cabinet, 10.54treatises and practice handbooks, 9.37

TelevisionKentucky Educational Television (KET), 5.21Pure Politics, 5.20

Tortstreatises and practice handbooks, 9.38

Treatises and Practice Handbooksgenerally, 9.1administrative law, 9.3alcohol, 9.4bankruptcy, 9.6

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Index

business entity law, 9.13civil litigation practice and procedure, 9.7collection law, 9.8commercial law, 9.9constitutional law, 9.10construction law, 9.11consumer law, 9.12corporation law, 9.13criminal law and procedure, 9.14damages, 9.15education law, 9.16elder law, 9.17election law, 9.18employment law, 9.19equine law, 9.20estates, 9.31ethics and professional responsibility, 9.21evidence, 9.22family law, 9.23form books, 9.24government law, 9.25health care law, 9.26insurance law, 9.27intellectual property, 9.28jury instructions, 9.29motor vehicles, 9.30partnership law, 9.13probate, 9.31products liability, 9.32property and real estate, 9.33reference books, 9.34securities law, 9.35statutes of limitation, 9.36taxation, 9.37torts, 9.38trusts, 9.31uniform commercial code, 9.9wills, 9.31workers’ compensation, 9.39

Trial Commissioners, 2.19

Unauthorized Practice Of Law See Ethics And Professional Responsibility

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Uniform Commercial Codetreatises and practice handbooks, 9.9

United States Supreme CourtLegal Information Institute, 10.63official web site, 10.63SCOTUSBlog, 10.63

Vacanciesfilling vacancy in Kentucky judiciary, 2.24

Westlawgenerally, 10.19administrative law databases, 10.28

-Attorney General opinions, 10.30-blue sky decisions, 10.31-Kentucky banking and financial decisions, 10.31-Kentucky insurance bulletins, 10.31-personnel board decisions, 10.31-public service commission decisions, 10.31-regulations, 10.29-state tax decisions, 10.31

case law databases, 10.20-Kentucky courts, 10.21-local federal district and appellate courts, 10.22

secondary sources, 10.32-law reviews, bar journals and treatises, 10.33-newspapers and non-law periodicals, 10.34

statutory databases, 10.23-annotated codes, 10.24-.25-court rules and orders, 10.27-legislative materials, 10.26

Workers’ Compensationdecisions, 10.15treatises and practice handbooks, 9.39Workers’ Compensation Guidebook, 10.56

World Wide Web See Internet

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General and State-Specific Legal Research Guides


ADDENDUM A: BIBLIOGRAPHY OF GENERAL AND STATE-SPECIFIC LEGAL RESEARCH GUIDES

TINA M. BROOKSUniversity of Kentucky


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I. General Legal Research Guides ......................................................A-5

II. State-SpecificLegalResearchGuides .............................................A-6 Alabama ...............................................................................A-7 Alaska ...................................................................................A-7 Arizona .................................................................................A-7 Arkansas ...............................................................................A-8 California..............................................................................A-8 Colorado ...............................................................................A-9 Connecticut ..........................................................................A-9 Delaware ..............................................................................A-9 District of Columbia .............................................................A-9 Florida ................................................................................A-10 Georgia ...............................................................................A-10 Hawaii ................................................................................A-10 Idaho ................................................................................... A-11 Illinois ................................................................................ A-11 Indiana ................................................................................ A-11 Iowa ....................................................................................A-12 Kansas ................................................................................A-12 Kentucky ............................................................................A-12 Louisiana ............................................................................A-12 Maine..................................................................................A-13 Maryland ............................................................................A-13 Massachusetts .....................................................................A-13 Michigan ............................................................................A-14 Minnesota ...........................................................................A-14 Mississippi..........................................................................A-15 Missouri..............................................................................A-15 Montana..............................................................................A-15 Nebraska .............................................................................A-15 Nevada................................................................................A-16 New Hampshire ..................................................................A-16 New Jersey .........................................................................A-16 New Mexico .......................................................................A-17 New York............................................................................A-17 North Carolina ....................................................................A-17 North Dakota ......................................................................A-18 Ohio ....................................................................................A-18 Oklahoma ...........................................................................A-18 Oregon ................................................................................A-19 Pennsylvania ......................................................................A-19 Rhode Island.......................................................................A-19 South Carolina ....................................................................A-19

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South Dakota ......................................................................A-20 Tennessee ...........................................................................A-20 Texas ..................................................................................A-20 Utah ....................................................................................A-21 Vermont ..............................................................................A-21 Virginia ...............................................................................A-21 Washington .........................................................................A-21 West Virginia ......................................................................A-22 Wisconsin ...........................................................................A-22 Wyoming ............................................................................A-22

III. Foreign, Comparative, and International Law (“FCIL”) Research Guides ....................................................A-23

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I. General Legal Research Guides

This section provides a selected list of general legal research guides avail-able in print. To find online research guides on specific legal topics, a researcher can search Google.com for: site:.edu topic keywords legal research. This will restrict the search to educational sites and will primarily bring back research guides from academic law libraries.

Algero, Mary Garvery, Spencer L. Simons, Suzanne E. Rowe, Scott Childs, and Sarah E. Ricks. Federal Legal Research. 2nd ed. Durham, NC: Carolina Academic Press, 2015.

This is an introductory-level textbook to federal legal research.

Armstrong, J.D.S. and Christopher A. Knott. Where the Law Is: An Introduction to Advanced Legal Research. St. Paul, MN: West, 2013.

Barkan, Steven, Barbara Bintliff, and Mary Whisner. Fundamentals of Legal Research. 10th ed. St. Paul, MN: Foundation Press, 2015.

This work is designed primarily as a text for law students. However, it is an excellent reference work; significant detail is provided, which makes the text valuable to both students and practitioners.

Barkan, Steven M., Barbara Bintliff, and Mary Whisner. Legal Research Illustrated. 10th ed. St. Paul, MN: Foundation Press, 2015.

Cohen, Morris L. and Kent C. Olson. Legal Research in a Nutshell. 11th ed. St. Paul, MN: West, 2013.

Kunz, Christina L., Deborah A. Schmedemann, Ann Bateson, Mehmet Konar-Steenberg, Anthony S. Winer, and Sarah Deer. The Process of Legal Research, Authorities, and Options. 8th ed. New York, NY: Wolters Kluwer Law & Business, 2014.

This title is a law student textbook that focuses on the research process. It also contains an introductory chapter on international and tribal law.

Levitt, Carole A. and Judy K. Davis. Internet Legal Research on a Budget: Free and Low-cost Resources for Lawyers. Chicago, IL: American Bar Association, Law Practice Division, 2014.

Levitt, Carole A. and Mark E. Rosch. The Cybersleuth’s Guide to the Internet: Conducting Effective Free Investigative and Legal Research on the Web. Rio Rancho, NM: Internet for Lawyers, 2012.

Richmond, Gail Levin. Federal Tax Research: Guide to Materials and Techniques. 8th ed. New York, NY: Foundation Press, 2010.

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Richmond presents primary sources, secondary sources, and provides special attention to the unique collections of primary materials used in federal tax research.

Roberts, Bonita K. and Linda L. Schlueter. Legal Research Guide: Patterns and Practice. 7th ed. LexisNexis, 2015.

Scroggs, Wanita M. and Sally G. Waters. Free Internet Legal Research. Lake Mary, FL: Vandeplas Publishing, LLC, 2014.

Sloan, Amy E. Researching the Law: Finding What You Need When You Need It. New York, NY: Wolters Kluwer Law & Business, 2014.

This work is focused more on the research process than the Sloan’s Basic Legal Research text below.

Sloan, Amy E. Basic Legal Research: Tools and Strategies. 6th ed. New York, NY: Wolters Kluwer Law & Business, 2015.

This work is a textbook for law students but due to its checklists and flow charts can serve as a refresher for practitioners.

Sparling, Tobin A. Strategize Legal Research: Finding the Information You Need Efficiently and Cost-Effectively. 2nd ed. New York, NY: Wolters Kluwer Law & Business, 2015.

Steenken, Beau and Tina M. Brooks. Sources of American Law: An Introduction to Legal Research. eLangdell Press, 2015.

This work is an introductory text for first-year law students, but it is available in electronic format for free online. It contains links to videos illustrating various online research techniques. Available at: <http://www.cali.org/books/sources-american-law-introduction-legal-research>.

II. State-SpecificLegalResearchGuides

This section provides a selective list of state-specific legal research guides that are available in print or in print and online. To find online state-specific legal research guides, a researcher can visit the websites of the law schools located in the state of interest. Their law libraries likely have some online research guides specific to their state’s laws and government documents. If the state has no law schools, try the law schools in near-by states; e.g., for Alaska try law school librar-ies in Washington. Alternatively, the Georgetown Law Library also has produced online introductory legal research guides for each state.

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The state documents bibliographies published by the American Associa-tion of Law Libraries that exist for many of the states are available on HeinOnline in the Spinelli’s Law Library Reference Shelf collection.

The research guides that Carolina Academic Press publishes for most states are intended as basic introductory guides for first year law students but may have enough state-specific information to suit some research needs. E.g., most have chapters on the state’s legislative history documentation and some historical background regarding the state’s primary authorities.

Alabama

Beals, Blakely. State Documents Bibliography, Alabama. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2012.

Lewis, Gary Orlando. Legal Research in Alabama: How to Find and Understand the Law in Alabama. Montgomery, AL: Gary Orlando Lewis, 2001.

Stewart, William H. The Alabama State Constitution. New York, NY: Oxford University Press, 2011.

Alaska

Carter, Nancy Carol. The Special Case of Alaska: Native Law and Research, 22 Legal Reference Services Quarterly 11 (2003).

Ching, Tina S. Alaska Initiatives and Referenda, 26 Legal Reference Services Quarterly 15 no. 3-4 (2008).

Falk, Susan. Introduction to Researching Alaska Legislative History Materials, 28 Alaska Law Review 279 (2011).

Harrell, Merillee. A Research Guide to Legislative History in Alaska, 30 Legal Reference Services Quarterly 7 (2011).

Lemann, Catherine. State Documents Bibliography: Alaska. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2009.

McBeath, Gerald A. Alaska State Constitution. New York, NY: Oxford University Press, 2011.

Arizona

Ching, Tina S. Arizona Initiatives and Referenda, 26 Legal Reference Services Quarterly 21 no. 3-4 (2008).

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Herrera, Tamara S. Arizona Legal Research. Durham, NC: Carolina Academic Press, 2013.

Leshy, John D. The Arizona State Constitution. New York, NY: Oxford University Press, 2013.

Reference Staff of the Superior Court Law Library, Maricopa County, Phoenix, AZ. State Documents Bibliography: Arizona. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2006.

Shimpock-Vieweg, Kathy. Arizona Legal Research Guide. Buffalo, NY: W.S. Hein, 1992.

Arkansas

Barger, Colleen M. Arkansas Legal Research. Durham, NC: Carolina Academic Press, 2007.

Custer, Joseph A. Researching Initiatives and Referendums in Arkansas, 26 Legal Reference Services Quarterly 31 no. 3-4 (2008).

Fitzhugh, Kathryn C. Arkansas Legislative History Research Guide. Little Rock, Arkansas: University of Arkansas at Little Rock Law Library, 2001.

Foster, Lynn. Arkansas Legal Bibliography: Documents and Selected Commercial Titles. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1988.

Goss, Kay C. Arkansas State Constitution. New York, NY: Oxford University Press, 2011.

California

Atchison, Amy and Jennifer Lentz. California Legislative History, 30 Legal Refer-ence Services Quarterly 127 (2011).

Dershem, Larry D. California Legal Research Handbook. 2nd ed. Buffalo, NY: W.S. Hein & Co., Inc, 2008.

Fischer, Janet. California State Documents: A Bibliography of Legal Publications and Related Materials. Chicago, IL: American Association of Law Librar-ies, Government Documents Special Interest Section, 2005.

Grodin, Joseph R., Calvin R. Massey, and Richard B. Cunningham. The California State Constitution. 2nd ed. New York, NY: Oxford University Press, 2015.

Hanft, John K. Legal Research in California. 7th ed. San Francisco, CA: Thomson/West, 2011.

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Martin, Daniel W. Henke’s California Law Guide. 8th ed. San Francisco, CA: LexisNexis Matthew Bender, 2006.

Macfarlane, Heather C., Aimee Dudovitz, and Suzanne Rowe. California Legal Research. 2nd ed. Durham, NC: Carolina Academic Press, 2013.

Colorado

Burton, Goldie. Researching Colorado Ballot Measures, 26 Legal Reference Services Quarterly 51 no. 3-4 (2008).

Linz, Robert Michael. Colorado Legal Research. Durham, NC: Carolina Academic Press, 2010.

Oesterle, Dale and Richard Collins. The Colorado State Constitution. New York, NY: Oxford University Press, 2011.

Richards, Robert C. and Barbara Bintliff. Colorado Legal Resources: An Anno-tated Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2004.

Connecticut

Cheeseman, Lawrence. The Connecticut Legal Research Handbook. Guilford, CT: Connecticut Law Book Co., 1992.

Fusaris, Janis. Connecticut Legislative History, 30 Legal Reference Services Quarterly 17 (2011).

Horton, Wesley W. The Connecticut State Constitution. New York, NY: Oxford University Press, 2012.

Hynes, Jessica G. Connecticut Legal Research. Durham, NC: Carolina Academic Press, 2009.

Voisinet, David R., Dennis J. Stone, and Judith Anspach. Connecticut State Legal Documents: A Selective Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1985.

Delaware

Egler, Peter. Selective Annotated Bibliography of Delaware State Documents and Other Resources Used in Delaware Legal Research. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2008.

Holland, Ramdu. The Delaware State Constitution. New York, NY: Oxford Uni-versity Press, 2011.

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District of Columbia

Acosta, Luis M. The Legal History of the District of Columbia Prior to Home Rule: A Bibliographic Essay, 23 Legal Reference Services Quarterly 43 no. 4 (2004).

Chanin, Leah F. Legal Research in the District of Columbia, Maryland, and Virginia. 2nd ed. Buffalo, NY: W.S. Hein, 2000.

Thornell, Joan Talbert. Governance of the Nation’s Capital: A Summary History of the Forms and Powers of Local Government For the District of Colum-bia, 1790 to 1973. Washington, DC: United States Government Printing Office, 1990.

Florida

Brown, Kathleen. The Legislative Process in the State of Florida, 30 Legal Refer-ence Services Quarterly 25 (2011).

Busharis, Barbara J., Jennifer LaVia, and Suzanne E. Rowe. Florida Legal Research. 4th ed. Durham, NC: Carolina Academic Press, 2014.

D’Alemberte, Talbot. The Florida State Constitution. New York, NY: Oxford University Press, 2011.

Outler, Elizabeth. Researching Initiatives and Referendums: A Guide for Florida, 26 Legal Reference Services Quarterly 63 no. 3-4 (2008).

Stupski, Betsy L. Guide to Florida Legal Research. 7th ed. Tallahassee, FL: Florida Bar, Continuing Legal Education, 2008.

Georgia

Chanin, Leah F. and Suzanne L. Cassidy. Guide to Georgia Legal Research and Legal History. Norcross, GA: Harrison Co., 1990.

Hardy, Paul T. How to Find and Access Georgia Law. Athens, GA: Carl Vinson Institute of Government, University of Georgia, 1993.

Hill, Melvin B. The Georgia State Constitution. New York, NY: Oxford University Press, 2011.

Johnson, Nancy P., Elizabeth G. Adelman, and Nancy J. Adams. Researching George Law (2006 Edition), 22 Ga. St. L. Rev. 381 (2006).

Johnson, Nancy P., Elizabeth G. Adelman, and Nancy J. Adams. Georgia Legal Research. Durham, NC: Carolina Academic Press, 2007.

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Johnson, Nancy P. and Ronald Wheeler. Georgia Legal Documents: An Annotated Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2012.

Hawaii

Kahle, Richard F. How to Research Constitutional, Legislative, and Statutory His-tory in Hawaii. 3rd ed. Honolulu, HI: Legislative Reference Bureau, 2001.

Lee, Anne Feder. The Hawaii State Constitution. New York, NY: Oxford University Press, 2011.

Seeger, Leina’ala R. Hawai’i State Documents: A Selective Bibliography of Legal Publications and Related Materials. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2010.

Idaho

Crowley, Donald. The Idaho State Constitution. New York, NY: Oxford University Press, 2011.

Ford, Kristin. Idaho Legislative Histories Revealed, 30 Legal Reference Services Quarterly 33 (2011).

Fordyce-Ruff, Tenielle and Kristina Running. Idaho Legal Research. Durham, NC: Carolina Academic Press, 2015.

Greenlee, Michael J. Idaho State Documents: A Bibliography of Legal Publica-tions and Related Materials, Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2003.

Illinois

Lousin, Ann, The Illinois State Constitution. New York, NY: Oxford University Press, 2011.

Malcolm, Shannon L. Illinois Initiatives and Referenda, 26 Legal Reference Services Quarterly 89 no. 3-4 (2008).

Nyberg, Cheryl, Joyce Olin and Peter Young. Illinois State Documents: A Selec-tive Annotated Bibliography for Law Librarians. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1986.

Wendt, Laurel. Illinois Legal Research Guide. Buffalo, NY: W.S. Hein, 2006.

Wojcik, Mark E. Illinois Legal Research. 2nd ed. Durham, NC: Carolina Academic Press, 2009.

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Indiana

Fariss, Linda K. and Keith A. Buckley. An Introduction to Indiana State Publica-tions for the Law Librarian. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1986.

McLauchlan, William P. The Indiana State Constitution. New York, NY: Oxford University Press, 2011.

Iowa

Cole, Britnee. Iowa Legal Materials: A Selected Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2014.

Edwards, John D. Iowa Legal Research Guide. Buffalo, NY: W.S. Hein, 2003.

Edwards, John D. Iowa Legal Research. Durham, NC: Carolina Academic Press, 2011.

Stark, Jack. The Iowa State Constitution. New York, NY: Oxford University Press, 2011.

Kansas

Custer, Joseph A., Barbara J. Ginzburg, and Robert A. Mead. Kansas Legal Research and Reference Guide. Topeka, KS: Kansas Bar Association, 2003.

Custer, Joseph A. Kansas Legal Research. Durham, NC: Carolina Academic Press, 2008.

Heller, Francis Howard. The Kansas State Constitution. New York, NY: Oxford University Press, 2011.

Wisneski, Martin E. Kansas State Documents for Law Libraries: Publications Related to Law and State Government. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1984.

Kentucky

Hilyerd, William A., Kurt X. Metzmeier, and David J. Ensign. Kentucky Legal Research. Durham, NC: Carolina Academic Press, 2012.

Ireland, Robert M. The Kentucky State Constitution. 2nd ed. New York, NY: Oxford University Press, 2012.

Valentin, Ryan and Michelle Cosby. Kentucky State Documents: A Bibliography of Legal and Law-Related Material. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2008.

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Louisiana

Algero, Mary Garvey. Louisiana Legal Research. 2nd ed. Durham, NC: Carolina Academic Press, 2013.

Billings, Carol. A Bibliographic Survey of Sources for a Study of the Law of Co-lonial and Territorial Louisiana, 23 Legal Reference Services Quarterly 1, no. 1 (2004).

Cain, Charlene C. Louisiana Legal Documents and Related Publications. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2014.

Chiang, Win-Shin S. Louisiana Legal Research. 2nd ed. Austin, TX: Butterworth Legal Publishers, 1990.

Hargrave, W. Lee. The Louisiana State Constitution. New York, NY: Oxford University Press, 2011.

Huddleston, Brian. Louisiana Legislative History Resources, 30 Legal Reference Services Quarterly 42 (2011).

Maine

Hepler, Christin I. Researching Initiatives and Referenda: A Guide for Maine, 26 Legal Reference Services Quarterly 97 no. 3-4 (2008).

Hepler, Christine I. and Maureen P. Quinlan. Maine State Documents: A Bibli-ography of Legal and Law Related Material. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2014.

Tinkle, Marshall J. The Maine State Constitution. New York, NY: Oxford University Press, 2011.

Wells, William W. Maine Legal Research Guide. Portland, ME.: Tower Publish-ing, 1989.

Maryland

Chanin, Leah F. Legal Research in the District of Columbia, Maryland, and Virginia. Buffalo, NY: W.S. Hein, 2000.

Colborn, Robert J. Research Guide for Maryland Regulations. Annapolis, MD: Office of the Secretary of State, Division of State Documents, 1992.

Friedman, Dan. The Maryland State Constitution. New York, NY: Oxford University Press, 2011.

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Taylor, William L. Maryland State Publications in Law and Related Fields. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1996.

Massachusetts

Blum, E. Joan. Massachusetts Legal Research. Durham, NC: Carolina Academic Press, 2010.

Clough, Spencer E. Democracy’s Harvest: Resources for Massachusetts Voters’ Initiatives and Referendums, 26 Legal Reference Services Quarterly 113 no. 3-4 (2008).

Friedman, Lawrence M. and Lynnea Thody. The Massachusetts State Constitution. New York, NY: Oxford University Press, 2011.

Menand, Catherine S. A Research Guide to the Massachusetts Courts and Their Records. Boston, MA: Massachusetts Supreme Judicial Court, Archives and Records Preservation, 1987.

Neary, Mary Ann, ed. Handbook of Legal Research in Massachusetts. 3rd ed. Boston, MA: Massachusetts Continuing Legal Education, 2009.

Michigan

Beer, Richard L. Michigan Legal Literature: An Annotated Guide. Buffalo, NY: W.S. Hein, 1991.

Bloodworth, Christopher T. and Michael W. Tillman-Davis. Michigan Legal Docu-ments: A Bibliography of Legal and Law-Related Materials. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2006.

Brown, Kincaid C. Legislative Intent and Legislative History in Michigan, 30 Legal Reference Services Quarterly 51 (2011).

Fino, Susan P. The Michigan State Constitution. New York, NY: Oxford University Press, 2011.

Lysaght, Pamela. Michigan Legal Research. 2nd ed. Durham, NC: Carolina Aca-demic Press, 2011.

Pettinato, Tammy R. Initiatives and Referenda in Michigan: A Research Guide, 26 Legal Reference Services Quarterly 137 no. 3-4 (2008).

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Minnesota

Hackerson, Deborah K. A Bibliography of Minnesota Legal Documents. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2010.

Jackson, George R. Minnesota Legislative History, 30 Legal Reference Services Quarterly 62 (2011).

Morrison, Mary Jane. The Minnesota State Constitution. New York, NY: Oxford University Press, 2016.

Tessner, John, Brenda Wolfe, and George R. Jackson. Minnesota Legal Research Guide. Buffalo, NY: W.S. Hein, 2002.

Thorpe, Suzanne. Minnesota Legal Research. Durham, NC: Carolina Academic Press, 2010.

Mississippi

Cole, Ben. Mississippi Legal Documents and Related Publications: A Selected Annotated Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1983.

Gililand, Kristy L. Mississippi Legal Research. Durham, NC: Carolina Academic Press, 2014.

Lane, Stacey A. Researching Initiatives and Referendums: A Guide for Mississippi, 26 Legal Reference Services Quarterly 147 no. 3-4 (2008).

Winkle III, John W. The Mississippi State Constitution. 2nd ed. New York: Oxford University Press, 2014.

Missouri

McDermott, Margaret. Researching Initiatives and Referenda: A Guide for Missouri, 26 Legal Reference Services Quarterly 163 no. 3-4 (2008).

Stark, Judy A. State Documents Bibliography: Missouri. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2010.

Temm, Wanda M. and Julie M. Cheslik. Missouri Legal Research. 3rd ed. Durham, NC: Carolina Academic Press, 2015.

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Montana

Chansler, Margaret Ann. Montana State Documents: A Bibliography of Legal and Law Related Material. Chicago, IL: American Association of Law Librar-ies, Government Documents Special Interest Section, 2004.

Elison, Larry M. and Fritz Snyder. The Montana State Constitution. New York: Oxford University Press, 2011.

Jackson, Lisa Mecklenberg. Researching Initiatives and Referendums: A Guide for Big Sky Country – Montana. 26 Legal Reference Services Quarterly 177 no. 3-4 (2008).

Jordan, Stephen R. and Meredith Hoffman. A Guide to Montana Legal Research. 8th ed. Helena, MT: State Law Library of Montana, 2003.

Nebraska

Andrus, Kay L. Research Guide to Nebraska Law. LexisNexis, 2008.

Butterfield, George, Matthew Novak, and Brian Striman. Nebraska State Bibliog-raphy of Legal Resources Annotated: A Selective Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2012.

Charles, Patrick J. Researching the Initiative and Referendum Process in Nebraska, 26 Legal Reference Services Quarterly 205 no. 3-4 (2008).

Miewald, Robert D. and Peter J. Longo. The Nebraska State Constitution. New York: Oxford University Press, 2011.

Nevada

Boone, Thomas R. Researching Initiatives and Referenda: A Guide for Nevada, 26 Legal Reference Services Quarterly 223 no. 3-4 (2008).

Bowers, Michael Wayne. The Nevada State Constitution. 2nd ed. New York, NY: Oxford University Press, 2014.

Jarrell, Ann S. Nevada State Documents Bibliography: Legal Publications and Related Material. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2000.

Gross, Jennifer Larraguibel and Thomas Blake Gross, ed. Nevada Legal Research Guide. Buffalo, NY: W.S. Hein, 2012.

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New Hampshire

Friedman, Lawrence. The New Hampshire State Constitution. 2nd ed. New York, NY: Oxford University Press, 2015.

Johnson, Linda B., Cynthia R. Landau, and Mary S. Searles. New Hampshire State Documents: A Selective Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2012.

New Jersey

Axel-Lute, Paul. New Jersey Legal Research Handbook. 6th ed. New Brunswick, NJ: New Jersey Institute for Continuing Legal Education, 2012.

Garavaglia, Barbara H. Using Legislative Histories to Determine Legislative Intent New Jersey, 30 Legal Reference Services Quarterly 71 (2011).

Johnsrud, Karin and Sarah Jaramillo. New Jersey State Documents: A Bibliography of Legal Resources. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2011.

Williams, Robert F. The New Jersey State Constitution. 2nd ed. New York, NY: Oxford University Press, 2012.

New Mexico

Smith, Charles E. The New Mexico State Constitution. 2nd ed. New York, NY: Oxford University Press, 2011.

Strike, Theresa and Patricia D. Wagner. Guide to New Mexico State Publications. Chicago, IL: American Association of Law Libraries, Government Docu-ments Special Interest Section, 2009.

New York

Adelman, Elizabeth G., Theodora Belniak, Courtney L. Selby, and Brian Detwei-ler. New York Legal Research. 3rd ed. Durham, NC: Carolina Academic Press, 2015.

Galie, Peter J. and Christopher Bopst. The New York State Constitution. New York, NY: Oxford University Press, 2012.

Manz, William H. Gibson’s New York Legal Research Guide. 4th ed. Buffalo, NY: W.S. Hein & Co., 2014.

New York Bar Association, General Practice Section. New York Lawyer’s Deskbook. 2nd ed. Albany, NY: New York State Bar Association, 2010.

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Whitmore, Gail F. New York Legal Documents 2007: A Selective Annotated Bibliog-raphy. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2007.

North Carolina

Childs, Scott and Nick Sexton. North Carolina Legal Research Guide. 2nd ed. Buffalo, NY: William S. Hein & Co., Inc., 2009.

Childs, Scott and Sara Sampson. North Carolina Legal Research. 2nd ed. Durham, NC: Carolina Academic Press, 2014.

Davis, Thomas P. Legislative History in North Carolina, 30 Legal Reference Services Quarterly 85 (2011).

Nixon, Donna, Nichelle Perry, and Jason R. Sowards. Guide to North Carolina Legal and Law-related Materials. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2010.

Orth, John V. and Paul M. Newby. The North Carolina State Constitution. 2nd ed. New York, NY: Oxford University Press, 2013.

North Dakota

Leahy, James E. The North Dakota State Constitution. New York, NY: Oxford University Press, 2011.

Schwartz, Rhonda R. Resorting to Extrinsic Aids: North Dakota Legislative History Research, 30 Legal Reference Services Quarterly 95 (2011).

Schwartz, Rhonda R. Powers Reserved to the People: A Guide for Researching Initiatives and Referendums in North Dakota, 26 Legal Reference Services Quarterly 231 no. 3-4 (2008).

Ohio

Corcos, Christine. Ohio State Legal Documents and Related Publications: A Selected, Annotated Bibliography. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1987.

Putnam, Melanie K. Ohio Legal Research Guide. Buffalo, NY: W.S. Hein, 1997.

Sampson, Sara. Researching Initiatives and Referenda: A Guide for Ohio, 26 Legal Reference Services Quarterly 257 no. 3-4 (2008).

Sampson, Sara, Katherine L. Hall, and Carolyn Broering-Jacobs. Ohio Legal Research. 2nd ed. Durham, NC: Carolina Academic Press, 2015.

Steinglass, Steven H. and Gino J. Scarselli. The Ohio State Constitution. New York, NY: Oxford University Press, 2011.

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Swisher, Thomas R. Ohio Constitution Handbook. Cleveland, OH: Banks-Baldwin Law Pub. Co., 1990.

Oklahoma

Adkison, Danny M. and Lisa McNair Palmer. The Oklahoma State Constitution. New York, NY: Oxford University Press, 2011.

Fox, Darin K. State Documents Bibliography: Oklahoma: A Guide to Legal Re-search in Oklahoma. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2009.

Fox, Darin K., Darla W. Jackson, and Courtney L. Selby. Oklahoma Legal Research. Durham, NC: Carolina Academic Press, 2013.

Jackson, Darla. Legislative History: A Guide for the State of Oklahoma, 30 Legal Reference Services Quarterly 119 (2011).

Monk, Patricia R. Researching Initiatives and Referenda: A Guide for Oklahoma, 26 Legal Reference Services Quarterly 265 no. 3-4 (2008).

Oregon

Midkiff, Stephanie. State Documents Bibliography: Oregon: A Survey of Oregon State Legal and Law-related Documents. Chicago, IL: American Associa-tion of Law Libraries, Government Documents Special Interest Section, 2009.

Rowe, Suzanne E. Oregon Legal Research. 3rd ed. Durham, NC: Carolina Aca-demic Press, 2014.

Williams, Beth, and David Dames. Researching Oregon Initiatives and Referen-dums, 26 Legal Reference Services Quarterly 272 no. 3-4 (2008).

Pennsylvania

Busharis, Barbara J. and Bonny L. Tavares. Pennsylvania Legal Research. Durham, NC: Carolina Academic Press, 2007.

Fishman, Joel. Pennsylvania State Documents: A Bibliography of Legal and Law-related Material. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2011.

Liu, Frank Y. Pennsylvania Legal Research Handbook. 2008 ed. Philadelphia, PA: American Lawyer Media, 2008.

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Rhode Island

Balliot, Nanette Kelley, Tom Evans, and Colleen McConaghy Hanna. State of Rhode Island and Proivdence Plantations Survey of State Documents and Law-Related Materials. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2013.

Conley, Patrick T. and Robert G. Flanders. The Rhode Island State Constitution. New York, NY: Oxford University Press, 2011.

Donovan, Daniel J. Legal Research in Rhode Island (Including Federal and State Research Materials). Warwick, RI: Donovan Legal Publishing, 2004.

South Carolina

Benson, Paula Gail. A Guide to South Carolina Legal Research and Citation. Columbia, SC: South Carolina Bar, Continuing Legal Education, 2014.

Conroy, Terry, Stacy Etheredge and David Lehmann. State Documents Bibliogra-phy: South Carolina. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2013.

Graham, Cole Bleas. The South Carolina State Constitution. New York, NY: Oxford University Press, 2011.

South Dakota

Garry, Patrick M. The South Dakota State Constitution. New York, NY: Oxford University Press, 2011.

Jorgensen, Delores A. South Dakota Legal Research Guide. Buffalo, NY: W.S. Hein, 1999.

Spurlin, Candice. Researching Initiatives and Referendums: A Guide for South Dakota, 26 Legal Reference Services Quarterly 287 no. 3-4 (2008).

Spurlin, Candice. State Documents Bibliography, South Dakota. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2011.

Tennessee

Best, Reba. Tennessee State Documents: A Bibliography of State Publications and Related Materials. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2009.

Laska, Lewis L. The Tennessee State Constitution. New York, NY: Oxford Uni-versity Press, 2011.

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Marshall, Sybil and Carol McCrehan Parker. Tennessee Legal Research. Durham, NC: Carolina Academic Press, 2007.

Texas

Allison, Malinda. Texas State Documents for Law Libraries. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 1983.

Angell, Robert H. A Compilation and Analysis of the 1998 Texas Constitution and the Original 1876 Text. Lewiston, NY: E. Mellen Press, 1998.

Cordon, Matthew C. and Brandon D. Quarles. Specialized Topics in Texas Legal Research. Buffalo, NY: W.S. Hein, 2005.

May, Janice C. The Texas State Constitution. New York, NY: Oxford University Press, 2011.

Quarles, Brandon D. and Matthew C. Cordon. Researching Texas Law. 3rd ed. Buffalo, NY: William S. Hein & Co., 2012.

Spencer, Simons. Texas Legal Research: Revised Printing. Durham, NC: Carolina Academic Press, 2012.

Utah

Cheney, Mari. Utah Legal Resources Bibliography. Chicago, IL: American As-sociation of Law Libraries, Government Documents Special Interest Section, 2009.

Strittmatter, Connie. Utah Initiatives and Referenda: A Research Guide, 26 Legal Reference Services Quarterly 299 no. 3-4 (2008).

Van Buren, Jessica C., and Mari J. F. Cheney, and Marsha C. Thomas. Utah Legal Research. Buffalo, NY: William S. Hein, 2011.

White, Jean Bickmore, The Utah State Constitution. New York, NY: Oxford University Press, 2011.

Vermont

Hill, William C. The Vermont State Constitution. New York, NY: Oxford University Press, 2011.

Lewis, Cynthia, Christine Ryan, Jared Wellman, Jane Woldow, and Paul J. Donovan. State Documents Bibliography: Vermont: An Updated Guide to the Ver-mont Legal System. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2010.

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Virginia

Chanin, Leah F. Legal Research in the District of Columbia, Maryland, and Virginia. Buffalo, NY: W.S. Hein, 2000.

Dinan, John. The Virginia State Constitution. 2nd ed. New York, NY: Oxford University Press, 2014.

Eure, John D. and Gail F. Zwirner, eds. A Guide to Legal Research in Virginia. 7th ed. Charlottesville, VA.: Virginia CLE Publications, 2012.

Krause, Margaret, Sara Sampson, and Jacqueline Lichtman. State Documents Bib-liography: Virginia. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2010.

Washington

Hazelton, Penny A. Washington Legal Researcher’s Deskbook. 3rd ed. Seattle, WA: Marian Gould Gallagher Law Library, 2002.

Heintz-Cho, Julia A., Tom Cobb, and Mary A. Hotchkiss. Washington Legal Re-search. 2nd ed. Durham, NC: Carolina Academic Press, 2009.

Jarrett, Peggy Roebuck and Cheryl Nyberg. Washington State Documents: A Bibliography of Legal and Law-related Sources. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2011.

Utter, Robert F. and Hugh D. Spitzer. The Washington State Constitution. 2nd ed. New York, NY: Oxford University Press, 2013.

Williams, Beth. Researching Washington State Initiatives and Referendum, 26 Legal Reference Services Quarterly 309 no. 3-4 (2008).

West Virginia

Bastress, Robert M. The West Virginia State Constitution. New York, NY: Oxford University Press, 2011.

Stemple, Sandra, Marjorie Price, and June Board. West Virginia Legal Bibliography. Chicago, IL: American Association of Law Libraries, Government Docu-ments Special Interest Section, 1990.

Temple, Hollee Schwartz. West Virginia Legal Research. Durham, NC: Carolina Academic Press, 2013.

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Wisconsin

Cervenka, Patricia and Leslie Behroozi. Wisconsin Legal Research. Durham, NC: Carolina Academic Press, 2011.

Cervenka, Patricia A. Wisconsin Supreme Court and Legislative History, 30 Legal Reference Services Quarterly 141 (2011).

Fritschel, Barbara. State Documents Bibliography: Wisconsin. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2009.

Potter, Theodore, ed. Legal Research in Wisconsin. 2nd ed. Buffalo, NY: William S. Hein & Co., 2008.

Stark, Jack. The Wisconsin State Constitution. New York, NY: Oxford University Press, 2011.

Wyoming

Keiter, Robert B. The Wyoming State Constitution. New York, NY: Oxford University Press, 2011.

Person, Debora and Tawnya Plumb. Initiatives and Referenda in Wyoming, 26 Legal Reference Services Quarterly 321 no. 3-4 (2008).

Person, Debora A. and Tawnya K. Plumb. Wyoming Legal Research. Durham, NC: Carolina Academic Press, 2013.

Person, Debora A. Wyoming State Documents: A Bibliography of State Publications and Related Materials. Chicago, IL: American Association of Law Libraries, Government Documents Special Interest Section, 2006.

III. Foreign, Comparative, and International Law (“FCIL”) Research Guides

This section provides a selected list of introductory FCIL research guides available in print. To find online research guides on specific FCIL topics, go to Google.com and search: site:.edu topic keywords legal research. This will restrict your search to educational sites and will primarily bring you back research guides from academic law libraries.

Bernal, Marie-Louise H., Richard Danner. Introduction to Foreign Legal Systems. New York, NY: Oceana Publications, 1994.

Germain, Claire M. Germain’s Transnational Law Research: A Guide for Attorneys. Ardsley-on-Hudson, NY: Transnational Juris Publications, 1991.

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Hoffman, Marci B. and Mary Rumsey. International and Foreign Legal Research: A Coursebook. 2nd ed. Boston, MA: Matinus Nijhoff Publishers, 2012.

Hoffman, Marci and Robert C. Berring. International Legal Research in a Nutshell. St. Paul, MN: Thomson/West, 2008.

Smits, Jan M. Elgar Encyclopedia of Comparative Law. Cheltenham, UK: Edward Elgar, 2012.

Winer, Anthony S., Mary Ann E. Archer, and Lyonette Louis-Jones. In-ternational Law Legal Research. Durham, NC: Carolina Academic Press, 2013.

This work is an introductory text to international legal research.

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Kentucky Public Law Libraries and Libraries with Legal Collections


ADDENDUM B: KENTUCKY PUBLIC LAW LIBRARIES AND LIBRARIES WITH LEGAL COLLECTIONS

RYAN A. VALENTINUniversity of Kentucky


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Kentucky Public Law Libraries and Libraries with Legal Collections

George T. Ross Law Library Eastern Kentucky University 103 Libraries Complex Main Library, Room 316 (Third Floor) 521 Lancaster Avenue Richmond, Ky. 40475 (859) 622-1793 <www.library.eku.edu/law>

Justice Scott Reed Law Library Fayette County Courthouse Room C357 (Third Floor) 120 N. Limestone Street Lexington, Ky. 40507 (859) 246-2143

James O. Overby Law Library Murray State University 100 Pogue Library Murray, Ky. 42071 (270) 809-6758 <www.pogue.murraystate.edu/overby>

Jefferson County Public Law Library 514 W. Liberty Street #240 Louisville, Ky. 40202 (502) 574-5943 <www.jcpll.net>

Kentucky Department for Libraries and Archives 300 Coffee Tree Road Frankfort, Ky. 40601 (502) 564-8300 <www.kdla.ky.gov>

Kentucky State Law Library State Capitol, Suite 200 700 Capitol Avenue Frankfort, Ky. 40601 (502) 564-4848 <www.courts.ky.gov/aoc/statelawlibrary/>

Peggy King Legislative Reference Library Capitol Annex, Room 27 Frankfort, Ky. 40601 (502) 564-8100 <www.lrc.ky.gov/lrc/library>

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Salmon P. Chase College of Law Library Northern Kentucky University Nunn Drive Highland Heights, Ky. 41099 (859) 572-5394 <www.nku.edu/~chase/library/>

Alvin E. Evans Law Library University of Kentucky College of Law 620 S. Limestone Street Lexington, Ky. 40506 (859) 257-8686 <www.library.law.uky.edu>

Louis D. Brandeis School of Law Library University of Louisville 2301 S. Third Street Louisville, Ky. 40208 (502) 852-6393 <www.louisville.edu/law/library>

Law Collection Western Kentucky University 1906 College Heights Boulevard Bowling Green, Ky. 42101 (270) 745-6107 <www3.wku.edu/library/dlps/gov_law/law_collection.php>

Kentucky Legal Research Manual

Documents

Transcript of Kentucky Legal Research Manual