Request By:
Hon. James Holloran
Commonwealth Attorney
5th Judicial District
Harris and Holloran
209 West Main Street
Morganfield, Kentucky 42437
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert W. Hensley, Assistant Attorney General
This is in response to your letter wherein you request our opinion on what officers are covered under subsection (3) of KRS 524.120. In toto KRS 524.120 provides:
(1) A person is guilty of intimidating a judicial officer when, with intent to influence a judicial officer's decision or to intimidate such officer or to impede the performance of his duty, he threatens, directly, or indirectly, such officer or a member of his immediate family.
(2) "Threat" as used in this section means any threat proscribed in KRS 514.080.
(3) "Judicial officer" as used in this section means any regular or special justice or judge of the Court of Justice, and any trial commissioner serving the Court of Justice.
(4) Intimidating a judicial officer is a Class D felony.
Insofar as what officers are covered under subsection (3) we note that the subsection refers to "Judicial officer" and specifically refers to "any regular or special justice or judge of the Court of Justice, and any trial commissioner serving the Court of Justice."
Kentucky's entire judicial system is now called the "Court of Justice." In the Kentucky Constitution at § 109 it is stated:
The judicial power of the Commonwealth shall be vested exclusively in one Court of Justice which shall be divided into a Supreme Court, a Court of Appeals, a trial court of general jurisdiction known as the circuit court and a trial court of limited jurisdiction known as the district court. The court shall constitute a unified judicial system for operation and administration. The impeachment powers of the general assembly shall remain inviolate.
Reference may be found to "trial commissioner" in § 113 of the Kentucky Constitution. Subsection (5) of § 113 provides:
(5) In any county in which no district judge resides the chief judge of the district shall appoint a trial commissioner who shall be a resident of such county and who shall be an attorney if one is qualified and available. Other trial commissioners with like qualifications may be appointed by the chief judge in any judicial district upon certification of the necessity therefor by the Supreme Court. All trial commissioners shall have power to perform such duties of the district Court as may be prescribed by the Supreme Court.
Reference may be found to "special judge" in KRS 26A.020 which provides:
(1) When, from any cause, a judge of any circuit or district court fails to attend, or being in attendance cannot properly preside in an action pending in the court, or if a vacancy occurs or exists in the office of circuit or district judge, the circuit clerk shall at once certify the facts to the chief justice who shall immediately designate a regular or retired justice or judge of the Court of Justice as special judge. If either party files with the circuit clerk his affidavit that the judge will not afford him a fair and impartial trial, or will not impartially decide an application for a change of venue, the circuit clerk shall at once certify the facts to the chief justice who shall immediately review the facts and determine whether to designate a regular or retired justice or judge of the Court of Justice as special judge. Any special judge so selected shall have all the powers and responsibilities of a regular judge of the court.
(2) A retired justice or judge serving as a special judge shall be compensated as provided by KRS 21A.110.
We are of the opinion that the preceding is dispositive of your question.
We apologize for this inordinate delay in answering your letter, and if we can be of further assistance please let us know.