Request By:
Mr. E. Lawson King
Fayette County Attorney
304 Security Trust Building
Lexington, Kentucky 40507
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The question has arisen as to the proper office for handling appeals to circuit court from district court. You find nothing in the law requiring county attorneys to conduct the appeals.
A direct appeal may be taken from district court to circuit court from any final action of the district court. KRS 23A.080.
As to criminal appeals from district to circuit court, the commonwealth's attorney would handle the appeal for the commonwealth. KRS 15.725(1) and (2). When necessary the county attorney could be called upon to handle such appeal. See KRS 15.725(3).
Concerning civil cases, the county attorney would handle such appeals to circuit court in which the county is a party. See KRS 24A.120 and KRS 69.210(1).