Request By:
Mr. Ruben Watts
Letcher County Judge Executive
Whitesburg, Kentucky 41858
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Letcher County Fiscal Court has a problem relating to the furnishing of space to the local court system. Your letter reads:
"We are sharing several offices in the courthouse with the Administrative Office of the Courts. I realize that the state courts must be accommodated and it is our responsibility to see that these accommodations are provided. However, I feel that some of the state officials are demanding too much space and are certainly not paying a fair share of rent.
"Would you please advise as to the mandatory obligations the county has to the Administrative Office of the Court?"
The basic problem of a county's furnishing court facilities is treated in KRS 26A.090 through 26A.115.
KRS 26A.100(1) provides that the circuit and district court shall be held in the county courthouse of each county, unless otherwise ordered by the Supreme Court of Kentucky, in which case it may be held at any other location made available by the county and owned, leased or controlled by the county. Further, circuit or district court may be also held in such other locations in the county as may be convenient and approved by the Supreme Court of Kentucky.
Subsection (2) of KRS 26A.100 provides that every county shall provide such reasonably available space, which would not disrupt the operation of county government, as necessary in the county courthouse, or in other county facilities as permitted in subsection (1), for: (a) a courtroom or courtrooms for the circuit and the district court; (b) chambers for the circuit judge and district judge or judges; (c) office space for the circuit and district court staffs; (d) office and storage space for the circuit clerk's operations; (e) jury facilities for the circuit and the district court; (f) office space for other officers of the court of justice, including pretrial release officers, court reporters, court administrators, judges' secretaries, friends of the court and commissioners; and (g) such other facilities necessary for the operation of the circuit and the district court, as may be agreed upon by the county and the administrative office of the courts.
Under the various levels of responsibility for furnishing space to the court system operations, the first or immediate level of such responsibility rests with the county government, followed by (where all necessary facilities are not otherwise available) city available property, and available property of agencies of state government, special districts etc., and private facilities, in that descending order.
Assuming that the Supreme Court of Kentucky has not ordered nor approved otherwise, the county government is mandated to furnish reasonably available space, as necessary, in the county courthouse, for the court system, as described in KRS 26A.100(2), which would not disrupt the operation of county government.
It is clear from reading KRS 26A.100(1) that the county courthouse is the prime sought location of the local courts and the adjunctive operations. And the county, through the fiscal court, must provide such location, where the needed space is reasonably available and would not disrupt the operation of county government. Where the county courthouse would not meet the elements of the formula just recited, and the Supreme Court of Kentucky orders another county property location, the fiscal court must then apply the formula to some other county owned or controlled property, in order to appraise further and to meet the county's responsibilities.
We suggest that the fiscal court should work closely with the Administrative Office of the Courts in applying the above formula of responsibility. The formula, to an extent, is somewhat abstract in nature, but must be applied to the realities of actual building space and local governmental programs.
In OAG 78-116, published, Banks-Baldwin, we concluded, as we do here, that the housing of the court system is a high priority, subject to the principle that necessary county governmental operations must not be disrupted. The provision that the county shall provide such "reasonably available space" to the court system indicates that the initial determination of whether reasonably available space exists in a particular county is addressed to the fiscal court. (Emphasis added). Its decision is final, except where the courts determine, in appropriate litigation, that the fiscal court acted arbitrarily. Under KRS 26A.100 and 67.080 the fiscal court has authority to allocate space in the courthouse or other county buildings. That exercise of authority can be reversed by the courts, as aforesaid, where they deem that the fiscal court has acted arbitrarily in its allocation decisions. See § 2,
Kentucky Constitution, and Pulaski Fiscal Court v. Floyd County, Ky., 374 S.W.2d 863 (1964) 864.
Should the county and A.O.C. fail to resolve any differences which may arise, only the courts, in appropriate litigation, can dispose of such issue. In any event, this legislation, because of its language and because of the compelling necessity for finding a proper situs for court operations, must be given a practical and equitable construction to be workable. See
Reeves v. Fidelity & Columbia Trust Co., 293 Ky. 544, 169 S.W.2d 621 (1943); and
Goodpaster v. U.S. Mortgage Bond Co., 174 Ky. 284, 192 S.W. 35 (1917).
Each county providing space in a court facility to the court of justice under KRS 26A.100 must be paid an operating cost allowance plus a use allowance to be administered by the Administrative Office of the Courts. The precise amounts of such allowances must be computed under the following language of KRS 26A.115(2):
"The precise amount paid for operating costs allowance and use allowance shall be computed by allocating to the court of justice its proportionate share of each category according to the relative portion of the floor space in the facility which is occupied by the court of justice. Compensation shall be calculated on an annualized basis, may be in the form of rental per square footage, and shall be paid quarterly. Should the availability of space provided to the court of justice be limited by the governmental unit to a part-time basis, the compensation shall be apportioned according to the number of days or partial days per week in which it is made available, one (1) day or partial day per week being considered as one-fifth (1/5) of the time."
Note that under KRS 26A.107(2), no use allowance shall be paid respecting any capital costs contracted for any court facility after July 1, 1978, unless the construction or renovation receives prior concurrence by the court facilities standards committee. Counties providing space for court operations pursuant to KRS 26A.100 must also provide adequate: (1) lighting; (2) heating; (3) electricity; (4) other utilities, except telephone service; and (5) janitorial services as an adjunct to the providing of space required by that section. KRS 26A.110.
As of January 1, 1978, all new equipment purchases for the court of justice shall be made by the court of justice and paid from state or other available funds. The court of justice may contract with a local unit of government to furnish extraordinary specialized facilities or services. KRS 26A.120.
See OAG 82-14, copy enclosed, which deals with the narrow issue of furnishing space to a circuit judge.