Kentucky Courts
The Kentucky Judicial Branch is the third branch of government (along with the executive and legislative branches) in the Commonwealth of Kentucky, responsible for interpreting and applying the law. It comprises various levels of courts, each with specific jurisdictions and responsibilities. The state judiciary is structured as follows:
- The State Supreme Court
- The Court of Appeals
- Circuit Courts
- District Courts
- Family Courts
- Drug Courts
In addition to these courts, Kentucky also has a Court of Justice, which is an administrative office responsible for overseeing the functioning of the state's entire court system. The Chief Justice of the Kentucky Supreme Court serves as the head of the Court of Justice.
The Kentucky Judicial Branch plays a crucial role in upholding the rule of law, providing a fair and impartial forum for resolving disputes, and ensuring the protection of individual rights and liberties under the Kentucky Constitution and other applicable laws. In Kentucky, there are also federal courts with jurisdiction over federal cases and matters pertaining to the federal judiciary. Each state court, federal court, and all lower courts are tasked with maintaining Kentucky court records containing details of each judicial proceeding held in it.
What is the Kentucky Supreme Court?
The Kentucky Supreme Court is the highest Appellate court in the state, its decisions are final. The Supreme Court hears appeals of decisions from the Court of Appeals, and in some situations, it hears appeals from the Circuit Court. For example, appeals from a sentence of life imprisonment or 20 or more years of imprisonment are heard directly by the Supreme Court. The Court consists of 7 justices who are elected from the appellate districts. These justices are to serve for eight years. The Supreme Court’s Chief Justice is chosen by the other members of the judges and serves a period of four years. The Supreme Court, in addition to its other function, establishes rules of practice and procedures for the Court of Justice.
The Kentucky Supreme Court issues final decisions on cases referred to it. The court does not retry a case or call additional evidence or witnesses, it only reviews the lower court’s decision. However, the Supreme Court may choose to hear oral arguments from the lawyers and written briefs that may be filed with the court. The Supreme Court consists of seven justices elected from the seven appellate districts in Kentucky, each serving for eight years. The Chief Justice, elected among the 7 Justices, serves a term of four years. In Kentucky, if two or more Supreme Court justices recuse themselves from a case, the Governor of Kentucky may appoint Special Justices to sit for that particular case.
The Supreme Court is also responsible for establishing the procedures and rules of practice of the courts, including judges' and attorneys’ conduct.
Kentucky Court of Appeals
The Kentucky Court of Appeals is the intermediate appellate court in the state and is tasked with reviewing the correctness of the trial court’s decision. If a case is tried in District or Circuit Courts and either party is unsatisfied with the outcome, they may appeal at the Court of Appeals.
The Court of Appeals has 14 members, two of the members are elected from each of the seven districts in Kentucky and serve eight-year terms of office. The Kentucky Court of Appeals judges are elected from the same district as the seven districts that elect the Supreme Court’s seven justices. The Chief Judge is selected among the 14 judges to serve a four-year term. The headquarters of Kentucky's Court of Appeal is in Frankfort. The Court of Appeals handles divorce cases where child custody and property rights are in dispute.
Kentucky Circuit Courts
The Kentucky Circuit Court is Kentucky’s highest trial court. The Circuit Court has original jurisdiction in cases involving capital offenses and other felonies, land disputes, contested probate cases, Civil matters, and disputes with an amount exceeding $5,000. It is also important to note that Circuit Courts hear appeal cases on Property rights disputes, Paternity testing in Divorce cases. Circuit Courts hear appeals from the District Courts. There are 129 judges, serving for eight years, and 59 domestic relations commissioners. Appeals from decisions of the Circuit Courts are made to the Kentucky Court of Appeal.
There are 57 Circuit Courts in Kentucky, and each Circuit Court may have more than one judge depending on the county’s population. Circuit judges serve in eight-year terms. One judge may serve more than one county within a circuit. The Family Court is a Circuit Court division, and it has primary jurisdiction over cases involving dissolution of marriage, child custody, equitable distribution of property in dissolution cases, adoption, and termination of parental rights. The Circuit Court also has jurisdiction over cases involving domestic violence and abuse, dependency, neglect, abuse, and juvenile status offenses. The family court has only one Judge.
Kentucky District Courts
The Kentucky District Court is a court of limited jurisdiction with jurisdiction on misdemeanor criminal offenses, traffic violations, violations of county and municipal ordinances, and small claims involving $2,500.
There are two federal District Courts in Kentucky. Each court has concurrent jurisdiction with the Circuit Court’s family court division over proceedings involving Domestic Violence and abuse, the Uniform Parentage Act and Uniform Percentage Act, dependency, child abuse and neglect, and juvenile status offenses.
Appeals from decisions of the District Courts are made to the corresponding Circuit Court for that district. Further appeals can be made on a discretionary basis to the Kentucky Court of Appeal as well as the Kentucky Supreme Court. There are 60 judicial districts with 116 judges plus 70 trial commissioners.
What are Appeals and Court Limits in Kentucky?
An appeal is a legal process that involves an appellate court reviewing the decision rendered by a lower court in a case. Kentucky has two appellate courts where individuals may appeal a decision made by a lower court. The Kentucky Court of Appeals is the lower of the two appellate courts under the Kentucky Supreme Court. Before the amendment of the Kentucky constitution in 1975, the Kentucky Court of Appeals was the only appellate court in the state. When a party is unsatisfied with the ruling or decision issued by a Circuit or District Court, an appeal may be filed with the appropriate Court of Appeals.
The Court of Appeals does not retry cases, it reviews cases previously tried by a lower court. The party who files an appeal must show that the Circuit or District court made a error in its judgment. By doing this, the party must file a Notice of Appeal with the Court of Appeal. After filing the Notice of Appeal, the appellant has 60 days to prepare a brief and submit it to the Clerk of the Appellate court. A brief is a document that explains the reason why the appellant believes that the lower court made an error. It also discusses the legal arguments or issues in the case. The other party (appellee) must file a brief to respond to the appellant's brief 60 days from the day the appellant’s brief was filed. The appellant's reply brief shall be filed within 15 days after the date of filing of the appellee's brief. The written briefs must sufficiently address the issues for determination. Note that the court does not allow additional evidence or witnesses, it makes its decision based on the records from the trial court. The Court of Appeals expidites cases involving Paternity disputes, Custody battles, Abuse, Neglect, Domestic Violence and Juvenile Offenses. In this case, the appellant must file a brief with the Clerk of the Court Appeals court within 30 days and the appellee's response brief must be filed within 30 days. The appellant's reply brief must be filed within 10 days after the appellee's brief has been filed.
After reviewing the case, the court may affirm, remand or vacate the decision of the Circuit Court. Affirm means that the court may stand by the decision of the Circuit Court.
If the case in the Circuit Court results in a death sentence judgment, life imprisonment, or a sentence of 20 years, the case must be directly appealed to the Supreme Court. A party who loses at the Court of Appeals may appeal to the Supreme Court to review the case.
There are seven Appellate Court districts in Kentucky. The Supreme Court hears appeals from the Court of Appeals on a discretionary basis.
How Do I Find My Case Number in Kentucky?
A case number is a unique reference number that is assigned to a case for easy identification. It states the date, the type of case filed, and the court location in which the case was filed. Assigning a case number allows for easy and speedy location of cases for the record. In a situation where there is no case number, locating a case might be difficult or even impossible to do. The easiest way to find a case number is to search online via the “Find a Case Portal” on the Court of Justice website. There are two options to conduct a search, either search by the case or by party names, and requesters must have the party’s name to view the court record and case number.
Do Kentucky Courts Hold Remote Trials?
Yes, Kentucky holds remote trials. Before the emergence of the coronavirus pandemic, trials were heard strictly in person. However, to curb the spread of the virus, the Supreme Court of Kentucky issued a directive on the 15th of May 2020. The directive prohibited in-person hearings except in “emergency and time-sensitive matters” like cases involving domestic violence, emergency child custody hearings, and other hearings where someone is being held in custody. Most courts uses online video platforms such as Skype, Zoom, Vidyo, or Chime to hold court hearings with all participants using phones, tablets, or computers. Civil and criminal jury trials are postponed until after February 1, 2021. The new directive allows evictions to proceed, as long as they do not violate the Relief and Security Act (The CARES Act).
