Rule SCR 7.030 - Nomination and election - Regular elections of bar representatives to judicial nominating commissions(1) Candidates for election as bar representatives to the judicial nominating commission shall be nominated by the board or by electronic petition as provided in these rules.(2) On or before August 1 of the years in which regular elections are to be held under this rule the board shall by majority vote nominate candidates for election to the various commissions as specified in subsection 3 of this rule. The board shall immediately certify the names of its nominees to the director. On or before September 1 the director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the Commonwealth of Kentucky a list or lists of the candidates nominated.(3)(a) For the commission for the Supreme Court and the Court of Appeals the board shall nominate one (1) qualified member from each appellate district. The director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the Commonwealth of Kentucky a list of the candidates nominated.(b) For the commissions for each judicial circuit or district, the board shall nominate two (2) qualified members. To the extent practicable, in multi-county circuits or districts, the board shall nominate candidates from different counties in the circuit. The director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the circuit or district a list of the candidates nominated.(c) Lists of the board's nominees for election to the various commissions may be combined as one list and may be included in one publication of names.(4) Any other qualified member may file an electronic petition for candidacy for the commission for the Supreme Court and the Court of Appeals, or may file an electronic petition for candidacy for the commission for a judicial circuit or district. In the petition, the member shall state that he or she does not hold any other public office or any office in a political party or organization. All such petitions shall be electronically filed on or before September 15 of the year in which the regular election for members of the commissions is to be held. The director shall acknowledge receipt of each candidate's petition. All petitions shall be considered public records and shall be available for inspection at reasonable hours. (5) On or before September 30, the director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the Commonwealth of Kentucky a list or lists of the candidates, including those nominated by the board and those nominated by petition.(6) The eligibility of a candidate in a regular election may be challenged by any member entitled to vote in the election of the commission for which the challenged party is a candidate. Such challenge shall be sent electronically to the director, with a copy to the challenged party or parties, on or before October 15 of the year in which the election is to be held. It shall be summarily heard by a hearing committee consisting of three (3) disinterested members appointed by the president. The parties shall be entitled to appear in person or by or with counsel. The hearing shall be held and a final decision rendered in writing on or before October 25. The party or parties aggrieved by such decision may appeal to the Supreme Court by a petition for review filed with the clerk of that court on or before November 1 and certifying that a copy has been served on the adversary party or parties. The matter shall be summarily heard and determined as ordered by the court.(7) All voting for the regular election of bar representatives to the judicial nominating commissions shall be conducted electronically. On or before November 1, the director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the Commonwealth of Kentucky a list or lists of the candidates, including those nominated by the board and those nominated by petition, excluding those who have been subjected to a successful challenge. Members may only cast two votes for candidates for the judicial nominating commission for the Court of Appeals and Supreme Court and two votes for the judicial nominating commission for the circuit or district in which they reside.(8) Following the close of voting, the electronic ballots will be tallied, and a report of the results will be generated to the director. The two (2) candidates for each commission receiving the highest number of votes shall be elected. If two (2) or more candidates are found to have received an equal number of votes, the election shall be fairly determined by random draw under the supervision of and in the presence of the director.(9) The director shall immediately certify the results of the election to the Chief Justice and promptly notify each candidate of the results of the election.(10) The results of the election will be posted to the website of the Kentucky Bar Association and sent electronically to each member residing in the Commonwealth of Kentucky.(11) On or before December 10 following the election any defeated candidate may contest the election of his successful opponent or opponents. Such contest shall be by written petition to the Supreme Court stating the grounds of contest and certifying that a copy has been served on the adversary party or parties. The matter shall be summarily heard and determined in such manner, and relief granted or denied upon such grounds, as the court shall deem fair and equitable.(12) As soon as practicable after the election the director shall certify to the Supreme Court for its approval an itemization of all costs incurred in the election of members to the commission. Upon its approval of such costs the court shall order payment to the association out of the state treasury.(13) On or before January 31 of each year, the director shall certify to the Supreme Court that the bar representatives to the judicial nominating commission are eligible to serve under Section 118(2) of the Kentucky Constitution.Ky. R. Sup. Ct. SCR 7.030
Amended by order 2024-04, eff. 2/15/2024; amended by order 2022-11, eff. 4/1/2022; amended by Order 2013-12, eff. 1/1/2014; prior amendments eff. 3/1/2012; 1/1/1978; adopted eff. 3/12/1976.