AN ACT relating to designation of special judges and declaring an emergency.

UNOFFICIAL COPY 26 RS HB 569/GA
Page 1 of 2
HB056910.100 - 934 - XXXX 3/17/2026 4:00 PM GA
AN ACT relating to designation of special judges and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 26A.020 is amended to read as follows: 3
(1) (a) When, from any cause, a judge of any Circuit or District Court fails to attend, 4
or being in attendance cannot properly preside in an action pending in the 5
court, or if a vacancy occurs or exists in the office of circuit or district judge, 6
the circuit clerk shall at onc e certify the facts to the Chief Justice who shall 7
immediately designate a regular or retired justice or judge of the Court of 8
Justice as special judge. 9
(b) 1. If any[either] party files with the circuit clerk his or her affidavit that 10
the judge will not afford him or her a fair and impartial trial, or will not 11
impartially decide an application for a change of venue, the circuit clerk 12
shall at once certify the facts to the Chief Justice who shall immediately 13
review the facts and determine whether to design ate a regular or retired 14
justice or judge of the Court of Justice as special judge. 15
2. Any person may submit to the Attorney General his or her affidavit 16
that the judge will not impartially decide a question of law or a 17
constitutional challenge to a statute in a pending civil case or appeal. 18
If the Attorney General determines that the affida vit is made in good 19
faith and states a prima facie argument that the judge's impartiality 20
might reasonably be questioned, the Attorney General shall redact any 21
identifying information from the affidavit regarding the requestor and 22
submit it to the Chief Ju stice. If the affidavit contains allegations of a 23
defamatory nature, the Attorney General may submit the affidavit 24
under seal. The Chief Justice shall promptly review the facts and 25
determine whether to designate a regular or retired justice or judge of 26
the Court of Justice as special judge. 27
UNOFFICIAL COPY 26 RS HB 569/GA
Page 2 of 2
HB056910.100 - 934 - XXXX 3/17/2026 4:00 PM GA
(c) Any special judge [ so] selected under this subsection shall have all the 1
powers and responsibilities of a regular judge of the court. 2
(2) A retired justice or judge serving as a special judge shall be compensated as 3
provided by KRS 21A.110. 4
Section 2. Whereas litigants have a constitutional right to an impartial arbiter 5
and attorneys should not be deterred from zealously representing the best interests of 6
their clients by requestin g the disqualification of a judge to ensure this right is protected, 7
and as the citizens of this Commonwealth have an interest in a judiciary whose 8
impartiality in specific cases should be above reproach, an emergency is declared to exist, 9
and this Act tak es effect upon its passage and approval by the Governor or upon its 10
otherwise becoming a law. 11