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KRS 63.100

Removal of peace officers for neglect -- Charges -- Notice

Applied in 3 court decisions — leading case Frederick v. Combs (1962)

Most recently applied in Whitaker v. Commonwealth (November 1972)

Effective: October 1, 1942 History: Recodified 1942 Ky

How often courts cite this section

195719601970197210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A peace officer guilty of neglect of duty shall be removed from office in the manner prescribed by KRS 63.100 to 63.130.

(2) The Governor shall sign written charges setting forth the grounds for removal of the officer. The charges, when considered collectively, must be supported by the affidavit of at least two (2) witnesses, but it shall not be necessary to support each separate count or individual charge embraced in the charges by two (2) affidavits. The affidavits must be filed by the Governor as a part of the record in the proceedings. The charges need not possess the formalities and exactness of an indictment. The charges shall be recorded in the Executive Journal and an attested copy thereof shall be made by the Secretary of State, and served upon the officer sought to be removed. No response shall be filed to the charges, but they shall stand traversed of record.

(3) Notice must be given to the officer sought to be removed, stating the time and place of the hearing, and giving him at least twenty (20) days to prepare his defense.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.