Frequently Asked Questions
Please be aware that the Administrative Office
of the Courts is prohibited from providing legal advice to you.
If you are in need of legal advice, we suggest you contact a private attorney
or contact the Kentucky Bar Association at (502)564-3795 for a referral.
Currently, not all departments have FAQs on this page, however more will be added, so please check back.
Drug Court
Pretrial Services - Division of Court Interpreting Services
Juvenile Servicess- Division of Court Designated
Worker Program and Law Related Education
Mediation and Family Court Services -
Division of Family Court
Mediation and Family Court Services
- Division of Mediation Services FAQs
for Mediation Roster
Office of Budget, Policy and Research - Division of
Grant Review
Office of the General Counsel
Circuit Court
Clerks Exam
State Law Library
What is Drug Court?
Drug Court offers an alternative to traditional processing of nonviolent drug
offenders. Federal guidelines require that 10 key components be maintained by
each Drug Court. These components are very broad and are:
-mandatory alcohol and drug treatment
-team approach with prosecutors and defense bar to protect participant's rights
and promote safety in a non-adversarial manner
-assess and screen participants early in the criminal justice process
-access to a continuum of alcohol, drug and other treatment services
-frequent and random drug and alcohol testing
-weekly review by the judge for Phase I, bi-weekly for Phase II, and once every
3 weeks for Phase III participants
-ongoing program evaluation and collection of statistics
-continuous training for the Drug Court team
-partnerships with other public agencies to generate local support
COMPONENTS OF A SUCCESSFUL DRUG COURT:
-Judicial oversight
-Total participant/case management
-Random and frequent drug testing
-Treatment
-Use of immediate imposed graduated sanctions
Who qualifies to participate in Drug Court?
Addicted offenders with nonviolent drug or drug-related charges/convictions
may be eligible to participate. Drug or drug-related charges must be nonviolent,
and may include charges such as theft by unlawful taking, criminal possession
of a forged instrument, theft by deception, and forgery.
How do defendants enter the program?
After the judge makes a referral to Drug Court, an assessment is conducted to
determine the level of drug addiction. A criminal history record check is also
conducted to confirm no violent charges for the defendant. This information
is presented to the Drug Court team to determine if the defendant is a good
candidate for the program. The judge makes the final determination if the defendant
will be allowed to participate in Drug Court.
How long is Drug Court?
Drug Court is a multiphase program with many requirements in the beginning and
as the participants progress through the program there is a lessening of some
requirements so as to put an emphasis on accountability and responsibility.
Normally the program takes approximately 1 ½ - 2 years to complete.
Phase 1 is the stabilizing period, and usually takes 4 - 6 weeks, to
make sure participants are drug free for at least 30 days before advancing to
the next phase. Phase 2 is the educational period, and usually takes
8 months to complete. This phase focuses on maintaining a drug free lifestyle.
Phase 3 is the self-motivational period, and usually lasts 3 months.
Participants in this phase receive less supervision as they prepare to graduate
from the program. Participants are required to be available for 6 months after
graduation to serve as mentors for new participants or group sessions. Aftercare
also involves continued AA/NA meetings, and random urine screens. Graduates
are encouraged to contact Drug Court if they experience crisis in their lives.
Where are Drug Courts located in Kentucky?
Refer to the Drug Court website located at http://www.kycourts.net/AOC/DrugCourt/AOC_DrugCourt.shtm
How does Drug Court begin?
Drug Court is a non-adversarial team approach to criminal behavior resulting
from addiction. The usual team consists of the judge, prosecutor, defense bar,
law enforcement and treatment provider. Juvenile Drug Courts also have a school
representative. Drug Court has a procedure manual that Drug Courts follow, but
just as local courts create local rules for district and circuit court, the
local team will make decisions on local procedures to be followed. After the
team is formed, they receive training about the key components, the requirements
for Drug Court, the phases of Drug Court, the difference in mentality from criminal
courts, and how individuals qualify for Drug Court. Procedures manuals and all
necessary forms are provided.
Has Drug Court been proven to be successful?
Yes, the University of Kentucky's Center on Drug and Alcohol Research conducted
an outcome evaluation on Kentucky Drug Court programs in 2001 and in 2004. Both
evaluations found that Drug Court graduates are less likely to commit criminal
offenses than those who do not enter Drug Court. Two years after graduating
from Drug Court, 13.5% of Drug Court graduates were convicted of a new felony
offense compared to a 57.3% conviction rate for those who did not participate
in Drug Court. Drug Court also saves the taxpayers money through less jail/prison
costs, more child support paid, more taxes paid and court system costs.
For further information contact Connie M. Payne, Drug Court General Manager.
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Pretrial Services - Court Interpreting Services
What is a court interpreter?
For Non-English Speaking Persons:
A court interpreter for non-English speaking persons is someone who interprets
in court proceedings, such as civil, criminal, domestic relations, juvenile,
traffic or other in-court proceedings, for each party, juror or witness who
does not understand English. The court interpreter must be able to interpret
from English to another language and from the other language into English. The
court interpreter is never to summarize a court proceeding. The court interpreter
is to be neutral and unbiased, and to never show or express emotions during
a court proceeding. The court interpreter must only interpret, and must never
provide legal advice or become an advocate for one side or the other in a court
proceeding.
The appropriate modes of interpreting that can be used are:
Simultaneous Interpreting is interpreting at the same time someone is
speaking. To be heard by only the person receiving the interpretation. Consecutive
Interpreting is interpreting after the speaker has stopped speaking, and
is to be heard by everyone. Sight Interpreting/Translating is when an
interpreter reads a document in one language while interpreting/translating
orally into another.
For the Deaf and Hard of Hearing:
A court interpreter for the Deaf and Hard of Hearing is someone who interprets
in court proceedings, such as civil, criminal, domestic relations, juvenile,
traffic or other in-court proceedings, for each party, juror or witness who
are deaf or hard of hearing. The court interpreter is never to summarize a court
proceeding. The court interpreter is to be neutral and unbiased, and to never
show or express emotions during a court proceeding. The court interpreter must
only interpret, and must never provide legal advice or become an advocate for
one side or the other in a court proceeding.
What is the role of a court interpreter?
The court interpreter's role is to completely and accurately interpret or translate
what is stated or written. The interpreter is never to alter, omit, or add anything
while interpreting or translating. The interpreter is never to summarize what
is stated or written. The court interpreter is never to explain the meaning
of what is stated or written, nor is the interpreter to provide legal advice
or become an advocate for the court or any party.
What is the statutory authority for the court interpreting services for
non- English speaking persons?
KRS 30A.410to.435 details the obligation of the Court of Justice to provide
interpreting services for various types of court proceedings. Order: Amended
Order: Amendments to the Rules of the Administrative Procedures AP Part IX.
Procedures for Appointment of Interpreters of the Court of Justice further explain
the standards for the appointment, qualifications and duties of interpreters.
What is the statutory authority for the court interpreting services for
the Deaf and Hard of Hearing?
KRS 30A.410to.435 details the obligation of the Court of Justice to provide
interpreting services for various types of court proceedings. Order: Adopting
Part IX, Procedures for Appointment of Interpreters of the Administrative Procedures
of the Court of Justice further explain the standards for the appointment, qualifications
and duties of interpreters.
The KCOJ also must provide qualified interpreters for the Deaf and Hard of Hearing in order to comply with the standards as set forth in the American with Disabilities Act of 1990 (please refer to the ADA web page http://www.usdoj.gov/crt/ada/adahom1.htm).
What are the requirements to interpret in Kentucky Court of Justice?
For Spoken Language Court Interpreters:
As of December 1, 2004 the Administrative Office of the Courts established a
statewide Certification Policy for Spoken Language Interpreter services to the
Kentucky Court of Justice. The Kentucky Court of Justice requires all spoken
language court interpreters to successfully complete the certification process.
Interpreters will further be required to meet the continuing education and court
observation requirements as noted in the Amended Rules of Administrative Procedures
and Code of Professional Responsibility for Interpreters.
For Interpreters for the Deaf and Hard of Hearing (Visual Language Interpreters):
A court interpreter for the Deaf and Hard of Hearing must be fully licensed
by the Kentucky Board of License and have the following certification levels:
National Association of the Deaf (NAD): Levels IV and V; and, Registry of Interpreters
for the Deaf (RID): CSC, IC/TC, SC:L, CI, CT, IC, TC, OIC, and TSC:4. The Interpreter
must provide the AOC with proof of your current state license and certification.
For more information please refer to the web page of the Kentucky Commission
on the Deaf and Hard of Hearing (http://www.state.ky.us/agencies/kcdhh/home/).
The Administrative Office of the Courts will also require the interpreter to complete an information form, pass a criminal background check, provide the Administrative Office of the Courts with the appropriate employment eligibility documentation, and complete the continuing education and court observation requirements.
How do I make a complaint about a court interpreter?
If you have a complaint about a court interpreter's services, you will need
to do so in writing. Written complaints will only be processed. The complainant
must be an eyewitness of the incident; the complaint shall not be based on hearsay
information. The written complaint should list specifically the alleged incident,
and include the following: the name of the interpreter, date and time of the
alleged incident, the place where the alleged incident took place, and when
appropriate the judges name presiding over the case, or the name of the Court
of Justice employee requesting the service, case number, type of court proceeding,
and charge, and the name of the person needing the interpreting service. The
written complaint must also contain the complainant's first and last name (surname),
mailing address, and phone number, and be must signed and dated by the complainant.
The complainant will not be kept anonymous from the court interpreter or other interested parties. The written complaint can be requested by the court interpreter or interested parties. The complainant's phone numbers and addresses will be blackened out on the copy given to the court interpreter.
If you have a complaint about a court interpreter's services, please mail a written complaint to: Administrative Office of the Courts, Juvenile Services, Court Interpreting Services Division, ,100 Millcreek Park, Frankfort, KY 40601-9230.
When should a court interpreter be appointed or requested?
Judges, Circuit Clerks, Court Administrators, and other Kentucky Court of Justice
employees can appoint or request a court interpreter. An interpreter is appointed
or requested as soon as the need is known, as specified by statute.
What should be done when an individual does not understand the court interpreter?
If an individual does not understand the assigned court interpreter, another
court interpreter will have to be assigned to the case. The person has the legal
right to request another interpreter when he/she cannot understand the interpreter.
When does the Administrative Office of the Courts not pay for a court interpreter?
Pursuant to KRS 30A.415 (1,2) the Kentucky Court of Justice is only required
to pay for interpreting services that are needed during a court proceeding or
for direct services. The Kentucky Court of Justice does not pay for interpreting
services for attorneys, public defenders, law enforcement officers, jail officials,
social workers from the Cabinet for Families and Children, other state agency
employees, or other social or mental health workers. The KCOJ only pays for
interpreting services done for the KCOJ or departments within the AOC.
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Juvenile Services - Division of Court Designated Worker Program and Law Related Education
What is a CDW?
A juvenile intake and diversion officer for the Kentucky Court of Justice. They
are responsible for processing all public (criminal) offenses and status (runaway,
beyond control, truancy) offenses.
What is the statutory authority for the CDW Program?
KRS 600-45 also known as the Unified Juvenile Code.
How do CDWs differ from CFC workers?
The Cabinet for Families and Children (Executive Branch) employs social workers.
When a youth charged with a status offense is found guilty in Juvenile or Family
Court by a judge and is committed, the juvenile will more than likely be assigned
a CFC worker (or social worker). CDWs (Judicial Branch) do not appear in formal
court; they provide diversion services on a pre-court basis.
How do CDWs differ from DJJ workers?
These individuals are employed by the Department of Juvenile Justice (Executive
Branch). These workers will be assigned to work with juveniles who have been
charged with public offenses. These Juveniles may be on probation or committed
to the Department of Juvenile Justice.
What is the purpose of a preliminary inquiry?
By law, Court Designated Workers must provide a juvenile with a notice
of charges and schedule an initial interview. During the preliminary inquiry,
CDWs 1) review the charge that has been filed with the juvenile and his/her
family, 2) advise the juvenile of his/her confidentiality rights under the Unified
Juvenile Code, 3) advise that the juvenile is entitled to bring an attorney
to the preliminary interview, and 4) finally, advise the juvenile that he/she
has the right to request a formal court hearing.
How do CDWs determine who is eligible for court versus diversion in the
community?
CDWs apply uniform criteria developed by the American Bar Association and adopted
by the Kentucky Supreme Court. The criteria is offense based. In general repeat
offenders and juveniles charged with serious offenses meet eligibility for formal
court. Juveniles charged with minor offenses may participate in diversion on
two occasions.
Exactly what is diversion?
The CDW and the juvenile will negotiate relevant conditions to address the presenting
offense. For example, if a juvenile is charged with criminal mischief, the juvenile
may be asked to pay victim restitution, attend educational workshops, participate
in community service to non-profit agencies or other relevant conditions that
the CDWs believe will be of benefit to the child and the community.
How long does a juvenile have to complete a diversion contract?
By law, the duration of a diversion contract cannot exceed six months.
What happens if a juvenile fails to comply with the terms of the diversion
contract?
The CDW monitors regularly to ensure compliance with all terms. If the CDW discovers
that the juvenile is not in compliance, an unsuccessful diversion conference
will be scheduled. During this conference, the CDW can choose to modify the
original contract if the juvenile presents a legitimate excuse for failure to
adhere. If however, there isn't a clear rationale for failure to comply, the
CDW is obliged to send the case to formal court for an arraignment.
Do juveniles successfully completing diversion have a formal court record?
No, if a child successfully complies with all terms, the charge is considered
dismissed and future prosecution for the charge is prohibited. All information
supplied by a juvenile to a CDW in the pre-court process is considered confidential.
Do all counties have the service of a CDW?
Yes, all 120 counties have access to a CDW.
What if my child is arrested by law enforcement?
The officer has an option to release the juvenile. If the officer cannot release
the juvenile, he/she will contact the CDW who will apply uniform criteria to
determine whether the juvenile can be released to a parent or guardian, or whether
the child must be detained. If the juvenile is eligible for release the CDW
will ask the responsible party (parent or guardian) to sign a promise to appear
form and will schedule a preliminary inquiry usually within the next two weeks.
If the juvenile meets uniform criteria for detention, the CDW must contact a
District Court Judge who will authorize the detention. The CDW will then notify
the parent or legal guardian that their child is being detained and provide
information regarding the detention hearing.
Do all CDWs provide 24 hour on-call service to law enforcement?
All CDWs may be paged by law enforcement on a 24 hour/7 day per week basis.
This service is available only to law enforcement.
Do CDWs process abuse, neglect and dependency cases?
No that is the responsibility of the Cabinet for Families and Children.
Do CDWs have any control over juvenile records maintained by law enforcement?
No.
Can a citizen file a complaint against a juvenile or is that limited to
law enforcement?
CDWs receive complaints from law enforcement, parents, school officials, and
citizens at large. Once a complaint has been filed, it is subject to a probable
cause review by the county attorney. The county attorney may choose to dismiss
the complaint, request additional information from the complainant, or instruct
the CDW to proceed with the preliminary inquiry.
What if my child runs away from home?
What steps can be taken to assist with his/her return? When a child has been
gone from home 72 hours within a twelve month period, the parent/guardian may
file a complaint of habitual runaway with the office of the CDW. It is important
to note that the 72 hours need not be consecutive. A custody order will then
be completed by the CDW and signed by a District Court Judge. The order instructs
law enforcement that the child is an habitual runaway who needs to be taken
into custody.
Can a CDW order that my child be detained?
No. Only a District Court Judge can authorize detention.
Can my child attend the preliminary inquiry by his/herself?
No, a parent or guardian must be present during the interview.
Can a CDW take custody of my child or remove him/her from my home?
No. CDWs never take custody of children. Law enforcement are responsible for
taking children into custody (arrest), and only the Court can make a decision
regarding removing a juvenile from his/her residence.
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Mediation and Family Court Services - Division of Family Court
What is family court? What makes family court different from
other courts?
Family court is a circuit court of general jurisdiction with primary jurisdiction
over family-related matters. Family court jurisdiction is outlined in KRS Chapter
23A.100 and 23A.110. The mission of family court is to provide a central forum
for fair and prompt resolution of legal problems affecting families and children.
A fundamental feature of family court is the "One Family, One Judge, One
Court" approach to case management. Family matters are presented in a single
court, allowing the same judge to hear all matters involving a particular family.
This reduces the stress that can arise from being shuttled between courts in
order to resolve a particular issue or matter.
Why do Kentuckians need Family Court?
The courts are increasingly called upon to assist families in resolving
domestic issues. Cases involving families and children in distress get the highest
priority and do not compete with criminal and civil cases for judicial time.
A Family Court operating under a "One Family, One Judge, One Court"
principle means that one judge provides continuity by hearing all of a family's
legal issues and problems. Coordinating the legal system with social services
helps families receive the best possible outcome.
Is there a family court in my area?
Currently, there are 37 family court judges serving 43 counties. Family
court has been implemented in the following counties: Barren/Metcalfe, Boyle/Mercer,
Boone/Gallatin, Campbell, Carter/Elliott/Morgan, Christian, Clark/Madison, Clay/Jackson/Leslie,
Fayette, Floyd/Knott/Magoffin, Harrison/Nicholas/Pendleton/Robertson, Johnson/Lawrence/Martin,
Lincoln/Pulaski/Rockcastle, Oldham/Henry/Trimble, Warren, Hardin, Franklin,
Henderson, Pike, Jefferson, McCracken.
What is the Family Court Amendment?
Chief Justice of Kentucky, Joseph Lambert was a guiding force behind the
process to adopt a constitutional amendment to make Family Court a permanent
part of the Kentucky Constitution. Kentucky voters gave Family Court a resounding
victory in November 2002 when the amendment passed in all 120 Kentucky counties
with more than 75 percent of the vote. The amendment also allows the Supreme
Court of Kentucky to designate one or more circuit court divisions as a family
court division.
Now that the amendment is approved, will all Kentucky counties get Family
Court?
There are a number of factors that impact the implementation of Family Court
in other counties. These factors include, but are not limited to:
- Present and projected caseloads
- Allocation of judicial and staff resources
- Available and accessible facilities
- Community readiness
- Potential fiscal impact
For example, if the growth of the Family Court caseload in a Judicial Circuit would require the addition of a new judge, that need must be certified by the Supreme Court and then monies must be appropriated for this judgeship by the General Assembly. Because the factors that affect implementation are not all static or foreseeable, we are giving future rollouts careful consideration and have not formulated an exact timetable regarding specific locations at this time.
What is a family court children's waiting room?
The purpose of a children's waiting area is to provide children with a safe,
low-stress, fun environment in which to wait while their parents or caregivers
are in court. It is a goal of Kentucky's Family Court to have children's waiting
rooms available at all of Kentucky's family court sites. Local community volunteers
staff the children's waiting rooms. Availability of the rooms is based on the
number and schedule of volunteers; the number and ages of children; and the
court's schedule. Prior to your court date, be sure to contact the family court
support worker in your area to check on the availability of the children's waiting
room.
Mediation
and Family Court Services - Division of Mediation Services
(go to FAQs for Mediation Roster)
What is mediation and how does it work?
Mediation is an informal process in which a neutral third party called a
mediator facilitates the resolution of a dispute between two or more parties.
The process is designed to help disputing parties reach an agreement on all
or part of the issues in dispute. Decision-making authority remains with the
parties, not the mediator. The mediator assists the parties in identifying issues,
fostering joint problem solving, and exploring settlement alternatives.
What kinds of disputes are appropriate for mediation?
Mediation has been used successfully in a wide range of civil (and occasionally
criminal) disputes, whether or not a court case has been filed. It works best
in cases in which the parties want to work out a solution. It is particularly
helpful in disputes that require creative, as well as legal solutions or in
which there will be a continuing relationship between the parties.
How much does mediation cost?
Private mediators generally charge $125 - $200 per hour. Sometimes court
staff or volunteer mediators are available to mediate at no cost to the parties.
How long does mediation take?
It can take one hour to many hours - one session to several. It depends on:
· The number and complexity of issues
· Number of parties
· How much you disagree
· How open you are to try to work things out
· Your emotions
· How well you can communicate
Do I have to be an attorney to be a mediator?
In Kentucky, a mediator is not required to be an attorney. In fact, it is
helpful to have mediators from various vocations and backgrounds to serve the
diverse types of disputes and parties.
Do I need certain training or certification to mediate in Kentucky?
You do not need certain training or certification to mediate in Kentucky
unless you desire to be included on the Administrative Office of the Court's
Roster of Mediators. To be review those requirements, please click the Guidelines
for Mediators.
Can I mediate as a full-time vocation?
Some mediators are fortunate to mediate full-time. Most, however, practice
mediation to supplement their income or as meaningful volunteer work.
Is mediation confidential?
Confidentiality has been well recognized as a necessary means of encouraging
full and frank exchanges within mediation sessions. Kentucky's Model Mediation
Rules provide for mediation sessions to be completely confidential except in
situations where a mediator, like any adult, has a statutory duty to report
allegations of neglect and/or abuse.
Why should I use mediation?
People might choose mediation for many reasons:
· Mediation may be less confrontational than dealing with the issues
in open court litigation or in front of a judge
· Some people appreciate the privacy and confidentiality of mediation
and seek a respectful and cooperative environment in which to make important
decisions
· Mediation can save time and money
· You decide what issues to try to solve in mediation
· The mediator does not force or make agreements, you do. If there is
no resolution, you still have the option of going to court.
How can I be included on the Mediator Roster?
Complete the Application To Be Placed on the Mediator Roster at http://www.kycourts.net/AOC/MAFCS/MAFCS_MSForms.shtm
and return it to the Mediation and Family Court Services Department at the Administrative
Office of the Courts. Once your application is approved, your name will be placed
on the Roster and you will receive a certificate in the mail.
I have been mediating cases but have not obtained the training suggested
in the Guidelines. Can I be on the Roster?
The Guidelines suggest a minimum of forty hours of training. Section 2(3) Special
Provision for Mediators in Practice Prior to Adoption of the Guidelines contemplates
some individuals will have been mediating prior to the Guidelines and their
qualifications may not match the Guidelines exactly. Therefore, a mediator in
this category may be deemed qualified under the Guidelines if certain conditions
are met:
1. The mediator has engaged in a mediation practice prior to the adoption of
the Guidelines (April 15, 2005).
2. The mediator completes The Application to Be Placed on the Mediator Roster
(www.kycourts.net). And,
3. The mediator includes a written statement describing equivalent training
and experience.
All applications are processed through the Mediation Division of the Administrative Office of the Courts.
What purpose does the Roster serve?
Mediation is a popular method of resolving disputes today. The purpose of the
Guidelines is provide the judiciary and the general public a list of mediators
who have achieved the minimum criteria for training, education, experience,
and ethical conduct for mediators outlined in the Guidelines.
How do I, as a mediator, find a mentor?
The Roster is a list of mediators who are already approved as Court of Justice
mediators. Section 3 (18)(c)(iii) of the Guidelines allows experienced mediators
to obtain their continuing mediation education credit by co-mediating or supervising
new mediators. The Roster of experienced mediators is available at http://www.kycourts.net/AOC/MAFCS/MediatorList.asp.
There are also two non-profit mediation services in Kentucky that provide this
opportunity to newly trained mediators: Mediation Center of Kentucky, in Lexington,
Kentucky www.mediationcenterofkentucky.com, and Just Solutions in Louisville,
Kentucky www.just-solutions.org.
To remain on the Roster, the Guidelines suggest at least four hours of
continuing mediation education every two years from the date of approval to
be on the Roster. How can I obtain this?
Any educational experience that pertains to alternative dispute resolution
(ADR) may qualify as continuing mediation education (CME). Some ways to obtain
continuing mediation education are:
· Attending, lecturing, or teaching at a live lecture or seminar on a topic related to the practice of mediation;
· Listening or viewing audio, video, or web based presentations on a
topic related to mediation;
· Co-mediating or supervising trainees as part of the trainee's mentorship
requirements;
· Participating as a trainer or coach in general or family mediation
trainings;
· Authoring or editing written materials submitted for publication that has significant intellectual or practical content directly related to the practice of mediation.
· For the convenience of our mediators, the Mediation Division at the Administrative Office of the Courts provides a four-hour continuing education event each fiscal year. For a calendar of events, go to http://www.kycourts.net/AOC/MAFCS/MAFCS_MSTraining.shtm.
When does the time period to obtain my four hours of continuing mediator
education begin and end?
Your CME Reporting date begins immediately upon your approval for the Roster,
and ends at the end of the first FULL fiscal year. For example, if you are approved
on August 15, 2005, your first CME Report is due by June 30th of the next FULL
fiscal year, or June 30, 2007. Thereafter, your next reporting date is two years
hence, or June 30, 2009, and so forth.
Once I have obtained the suggested continuing education, how do I submit
that information to receive credit and remain in good standing on the Mediator
Roster?
To maintain good standing on the Roster, complete the Continuing Mediator
Education (CME) Reporting Form (http://www.kycourts.net/AOC/MAFCS/med-ADR-1.pdf)
and return it to the Mediation Division, Administrative Office of the Courts,
100 Millcreek Park, Frankfort, KY 40601.
If I obtain more than four hours of continuing education during a two year
time span, can I carry over the additional hours to be credited towards the
next two-year increment?
NO. The continuing education requirement is intended to ensure ongoing professional
growth and development. Therefore it is important that the CME be current. However,
you may be able to use the credits to satisfy other professional continuing
educational requirements.
What if I miss the deadline for submitting my CME credits?
We value you as a mediator on the Court of Justice Roster and want to give
you every opportunity to comply. However, we must receive your completed CME
Report within thirty days after the deadline or your name will be removed from
the Roster.
If my name is removed from the Roster, how do I get reinstated?
The Review Committee handles all reinstatement requests on a case-by-case
basis. Submit to the Mediation Division at the Administrative Office of the
Courts a letter that includes an explanation of why your name was removed from
the Roster and what you have done in mediation since that time. Recommendation
letters are desirable.
If I am reinstated by following the above steps, when is my next reporting
deadline?
Your deadline to submit CME credits is on the same schedule as if you had
never been absent; unless, there has been a lapse of over 12 months. In that
case, your CME reporting schedule will begin from the date of reinstatement.
If I am on the Roster as a General Civil Mediator and as a Family Mediator,
do I have to obtain separate CME credits to maintain my status for both types
of mediation?
NO. You are only required to obtain and submit four CME hours every two
years to remain in good standing on the Roster as both a General and Family
Mediator.
Will any of the Kentucky Bar Association's CLE's count as CME credits?
Seminars, or portions thereof pertaining to Alternative Dispute Resolution,
also qualify as CME credits.
May I have my name voluntarily removed from the roster at any time?
To voluntarily remove your name from the Roster, send your request by mail
to the Mediation Division of the Administrative Office of the Courts; by FAX
at 502-257-2005; or email us at ADR@mail.aoc.state.ky.us
. Your name will be removed within ten working days.
I don't have an e-mail address and/or I don't want my contact information
posted on the Internet. If it is not on the Internet, how does someone contact
me regarding mediation?
If you do not have, or want, any of your contact information on the Internet
for public viewing, the e-mail address for the Mediation Division will be listed
for you. In the event a client requests you by name, the Mediation Division
will notify you with the client's information so that you may initiate contact
with them.
Do I have to meet Guidelines to mediate in Kentucky?
No. The Guidelines set forth by the Supreme Court of Kentucky in the Rules
of Administrative Procedure Part XII. Mediation Guidelines for Court of Justice
Mediators are suggested minimum criteria for training, experience, education,
and ethical conduct for mediators practicing in courts of the Commonwealth of
Kentucky. The Roster of Mediators is composed of mediators who voluntarily agree
to adhere to the Guidelines. Judges and the public are encouraged to refer to
this Roster when selecting a mediator.
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Office of Budget, Policy and Research - Division of Grant Review
Statutory and Regulatory Issues
What is Public Law 106-07?
This is the Federal Financial Assistance Management Improvement Act of 1999. The purpose of the Act is to 1) improve effectiveness and performance of the Federal financial assistance programs, 2) simplify application and reporting requirements, 3) improve delivery of services to the public, an 4) facilitate coordination among those responsible for the delivery of services. PL 106-07 includes grants and cooperative agreements.
What is GPRA?
GPRA stands for the Government Performance and Results Act of 1993. In essence, GPRA requires agencies to establish strategic plans and performance goals to be achieved by program activities. Agencies receiving funding are being held accountable for outcomes resulting from program activities. This represents a significant change as agencies used to focus on process objectives, i.e., major tasks/activities associated with a project as opposed to outcome indicators.
What is the OMB Circular A-102?
The A-102 is the Uniform Administrative Requirements for grants and cooperative agreements with state and local governments. The document was intended to establish consistency and uniformity in grants management. The A-102 may be moved to Title 2 Code of Federal Regulations in the near future.
What is a high-risk grantee?
According to the A-102, a grantee may be considered high-risk if the awarding agency determines that the grantee has a history of unsatisfactory performance, has not conformed to the terms of the award, or is not responsible. A funding agency may also designate a recipient agency as high-risk before an award is made. It is important for grant recipients to conform to all conditions contained in the Notice of Grant Award (NGA) and to maintain regular dialogue with the Federal program officer. Substantive changes in the funded program, e.g., a change in project scope, key personnel or budget, generally requires advanced approval from the awarding agency. The AOC Department of Budget, Policy and Research requires advance notification of proposed changes prior to contact with the program officer.
What is the OMB Circular A-87?
The A-87 contains cost principles for state, local and tribal governments. This Circular establishes principles and standards to provide a uniform approach to determining costs and to promote effective and efficient program delivery. The principles are for determining allowable costs such as public relations, meetings, compensation for personal services, fringe benefits, etc. The A-87 may be moved to 2CFR in the near future.
What is supplanting?
Per the Office of the Comptroller Financial Guide, supplanting is defined as deliberately reducing state funds because of the existence of federal funds. For example, if a state appropriates money for a stated purpose and then replaces the appropriation with dollars from a federal award, supplanting has occurred. Supplanting is prohibited.
What are public policies and how do these impact grants?
Public policies, also known as national policies, are established through Congress or by Executive Order of the President. Examples of public policies include: age discrimination, the Civil Rights Act of 1964, National Environmental Act of 1969, Protection of Human Subjects and Animal Welfare, etc. When you apply for Federal funding you are asked to sign Standard Form 424B to ensure compliance with these and other public policies.
What is the value of donated services?
According to OMB-A102, the valuation of donated services is essentially the value of the job performed, not the person performing the labor. Volunteer labor should be calculated using rates consistent with those ordinarily paid for work in the grantee’s organization. If the grantee does not have an employee performing similar work, rates should be consistent with those for similar work in the labor market.
How long do I have to maintain records of grant activities?
According to OMB-A102 Section .42, grant records must be maintained for three years.
General Issues
What is the difference between a discretionary and mandatory grant?
Discretionary grants are competed through a request for proposal process. Mandatory grants, also known as formula grants, are distributed to states by Federal government agencies based on a formula. Mandatory grants may also be referenced as state-administered programs.
What is the difference between a grant and a cooperative agreement?
Both grants and cooperative agreements support agency projects. The major distinction is that when an agency is awarded a cooperative agreement, they should anticipate substantive involvement in project activities by the Federal agency making the award.
Why should I review the funding agency’s strategic plan before submitting my application?
Funders are interested in making awards to agencies that can further their mission through innovative, but effective use of grant funds. Funders tend to award proposals that are closely aligned with their long-range strategic plans.
How much preparation time is needed in order to compile a grant?
This is a common question that is somewhat difficult to answer. Depending on competition and size of the award, some professional grant writers will start compiling documentation a year in advance. The AOC Department of Budget, Policy and Research Grant Policy requires a six week notification. Research and compilation will be conducted on a first come, first serve basis unless the Director’s office issues a priority.
At what point in the proposal development phase should the budget be prepared?
The budget is derived from the application narrative and should be prepared upon completion of the narrative. The budget request must match the tasks specified in the proposal, and provide the appropriate level of detail in the budget narrative.
What if my project is not awarded funding?
Most projects are not funded. As many professional grant trainers note, “The odds are against you before you start writing the proposal.” If your proposal is rejected, request a copy of the reviewers’ comments and begin revising in preparation for the next round of funding. Most proposal writers end up submitting their ideas two, three or four times before funding is realized.
Where can I locate the Department of Budget, Policy and Research grant guidelines?
Kentucky Court of Justice officials and employees can access the grant guidelines through the intranet. To access the document, click on Departments, then on Budget and finally click the link to the policy.
Considerations re the Proposal Narrative
What if I want to modify the order of the narrative elements requested in the RFP?
Funding agencies have specific reasons for asking you to respond to the narrative as presented in the RFP. It is ill advised to reorder the narrative elements and will be confusing for reviewers to follow. Modifying the order may result in a reduced score.
What is a logic model?
Logic models are visual depictions of your project. Most logic models contain elements such as: the target population(s), activities or inputs, goals, resources,
background factors, mediators and program concerns. Many federal and state funding agencies now require development of a logic model as part of the proposal. See attachment.
What is an evidenced-based practice or strategy?
In general, EPBs refer to interventions that have supporting evidence. EBPs specify a target population, reference supporting scientific research, adhere to strict implementation criteria, project specified outcomes for the target population and are replicable across a spectrum of settings. There is considerable debate in the social science community re EPBs, nonetheless more funding agencies are requiring applicants to identify a proven strategy as part of the RFP.
Is it true that proposal problem statements are often confused with strategies/methods?
Yes. It is important to remember that problem statements must be developed with the target population, i.e., people, as the primary focus. Consider the following problem statement: “The main problem that we will be addressing in the request for proposal is the lack of student computers at Johnson Elementary.” Most reviewers would not consider this a true problem statement. The purchase of computers would be considered a strategy to address an underlying problem associated with the elementary students. A statement that more clearly describes the problem might be:
“Over the course of the last three years students at Johnson Elementary have scored below the national average on reading comprehension examinations.” The focus is now on the target population and the purchase of computers in this case would represent one possible strategy to improve reading comprehension. Again securing computers for the students is more appropriately addressed in the methods or activities section of the proposal.
What is the difference between a process objective and an outcome objective?
Thinking about GPRA will help you remember this distinction. Recall GPRA now requires funders to place heavy emphasis on results (or outcomes) for a given population. When an RFP calls for process objectives, you need to specify the tasks that you will be performing in order to meet your outcome objectives or results. Process objectives are tasks/activities associated with a grant project, e.g., project staff will conduct five, two-hour training sessions throughout the first year of the project. Outcome objectives must focus on a change in the target population specified. For example, as a result of attending the truancy prevention program, participating youth will increase attendance during the forthcoming academic year by 80%. Quantify all project objectives.
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How do I file a complaint against a judge?
The Judicial Conduct Commission was created by the Court of Justice to receive,
and when appropriate, investigate, complaints against judges. To file a complaint
against a judge, write to: Hon. James D. Lawson, Executive Secretary, Judicial
Conduct Commission, P.O. Box 21868, Lexington, KY 40522. Please provide as many
details in your letter as possible. The phone number for the Judicial Conduct
Commission is 859/233-4128.
How do I file a complaint against a Domestic Relations Commissioner?
A Domestic Relations Commissioner (DRC) is appointed by the Chief Circuit
Judge. CR 53.03(1). If you wish to file a complaint against a DRC, make your
concerns known to the Chief Circuit Judge who appointed the DRC. If this does
not yield a satisfactory result, you may file a written complaint with the Judicial
Conduct Commission as explained in question #1.
How do I file a complaint against a Trial Commissioner?
Pursuant to KRS 24A.100(1), "In any county which does not have a District
Judge resident in the county there shall be a trial commissioner." A Trial
Commissioner is appointed by the Chief District Judge. Section 113 of the Kentucky
Constitution. If you wish to file a complaint against a trial commissioner,
make your concerns known to the Chief District Judge who appointed the Trial
Commissioner. If this does not yield a satisfactory result, you may file a written
complaint with the Judicial Conduct Commission as explained in question #1.
My case has been pending before a judge for many months. How can I urge
the judge to make a decision?
A form, AOC-280, Notice of Submission, is available for this purpose. You
may request the form from any Circuit Court Clerk's Office or the AOC Print
Shop. You may also complete the form electronically by visiting our forms website
at http://www.kycourts.net/forms.
The Notice of Submission process is governed by SCR 1.050(8), which reads:
"All attorneys shall notify the Administrative Office of the Courts forthwith, in writing and with a copy to the judge, when any action stands submitted for final adjudication. When the decision has been rendered, the circuit clerk shall notify the Administrative Office of the Courts. The Administrative Office of the Courts shall keep records of all cases under submission and report monthly to the chief justice on the status of cases under submission. The chief justice shall report to the judicial retirement and removal commission regarding any case under submission for longer than ninety (90) days in which the district or circuit judge has not reported the reason for the delay to the chief justice as required by KRS 454.350." [The Judicial Conduct Commission is the successor to the Retirement and Removal Commission].
How do I file a complaint against an attorney?
To file a complaint against an attorney, contact the Kentucky Bar Association,
Kentucky Bar Center, 514 W. Main Street, Frankfort, KY 40601-1883. Their phone
number is (502) 564-3795.
I have an attorney, but I am not sure he/she is doing the right thing.
How can I find out if my lawyer is correct?
Employees of the Administrative Office of the Courts are statutorily prohibited
from providing legal advice to the general public. KRS 27A.050. If you have
questions about the way your case is being handled, discuss your concerns with
your attorney. If you still have doubts, you may wish to discuss the matter
with another private attorney. If you need the name of an attorney, you may
wish to contact the Kentucky Bar Association (see the answer to question #5)
and request a referral to another private attorney.
What is small claims court?
The Small Claims Division of District Court in every Kentucky county settles
disputes involving money or personal property valued at $1,500 or less, exclusive
of interests and costs. The procedures in small claims court are informal. You
may file a claim or defend yourself without an attorney to handle your case
if you wish. In the Small Claims Division, the parties to the dispute go to
court at a preassigned time and tell their side of the story to the judge. The
judge makes a decision based upon the law governing the facts presented. There
is no jury trial in the Small Claims Division of District Court.
I want to file a small claims case. How do I do that?
Employees of the Administrative Office of the Courts are statutorily prohibited
from providing legal advice to the general public. The Circuit Court Clerk cannot
advise you on the law either. However, an informational pamphlet about small
claims court is available. This pamphlet explains the procedure for filing a
complaint and walks you through the process used in the Small Claims Division.
You may request the pamphlet from any Circuit Court Clerk's Office or download
the pamphlet by clicking on Small Claims
Division of District Court Pamphlet. (You will need Adobe Acrobat Reader
in order to view this pamphlet. It is available for free from http://www.adobe.com).
The AOC makes available a variety of forms to help you pursue a small claims
case. You may request these forms from any Circuit Court Clerk's Office, or
download them at http://www.kycourts.net/forms.
What is a smart form?
In 1998, AOC began making several AOC forms available via the web. These are
the same forms one may request from a Circuit Court Clerk's Office or the AOC
Print Shop. Initially, these forms were available only in a PDF format which
meant they could be printed from the computer, but no information could be entered
onto the form before it was printed.
In July, 2001, we launched the "smart forms" project. These forms may be printed from the Court of Justice web site without entry of any information, or they may be completed on-line, printed and then submitted to the Court. You may access these forms by visiting http://www.kycourts.net/forms.
How do I file a complaint against a prosecutor?
If you wish to file a complaint against a County Attorney or a Commonwealth's
Attorney, contact the Prosecutor's Advisory Council, Office of the Attorney
General, 1024 Capital Center Drive, Frankfort, KY 40601. Their phone number
is (502) 696-5532.
I am interested in running for the Office of Circuit Court Clerk. How do
I do that?
Each of Kentucky's 120 counties has an elected circuit court clerk. To be eligible
to seek the office of circuit court clerk, a prospective candidate must pass
the Kentucky Circuit Court Clerk's Exam. You may access information about the
exam by reading the
Circuit Court Clerks Exam Information. If you have general questions about
running for public office, we suggest you contact the Secretary of State's Office
or your local county clerk.
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The State Law Library is created by KRS 27A.200 enacted Acts 1976 ch. 61 §8 as a support service for the Court of Justice. It is located on the second floor of the State Capitol and houses the central collection of legal research materials for state government. The primary function of the State Law Library is to provide research and reference assistance to the Court of Justice and to provide legal research tools for the judicial offices across the state.
The State Law Library is also open for the use of other state government agencies, attorneys and the public. The staff can provide reference assistance and instruction in the use of the research tools but is statutorily prohibited from giving legal advice to the public.
Prisoner Requests: Statement of Policy:
The State Law Library is a professional research library. It has a small staff
and is funded by the General Assembly as a support service for the Court of
Justice (judiciary). It is not a public library in the usual sense of a library
that renders services to the public, and is in no way associated with the Bureau
of Corrections.
For these reasons, the State Law Library does not provide services to prisoners.
Where is the library located??
State Capitol, 700 Capital Ave. Suite 200, Frankfort, KY 40601-3489. Phone:
(502) 564-4848. Fax: (502) 564-5041.
Is the library open to the public?
Yes. Hours are 8:00 a.m. to 4:30 p.m. Monday through Friday except state government
holidays.
Can books be checked out?
Except for reference books in the KY collection, most books may be checked
out for a period of two weeks. All material checked out by non-Court of Justice
personnel is subject to immediate recall by law library staff.
What does the library charge for legal research?
Law Library staff provide only reference assistance to the public. We are statutorily
prohibited from giving legal advice to the public. Thus, we are able to help
you locate legal material, but we cannot interpret or offer an opinion.
Where do I find very old articles of incorporation?
Prior to 1893, articles of incorporation were by act of the General Assembly.
The library has a complete set of the acts of the General Assembly back to 1792.
However, for articles of incorporation dated 1893 or later, contact the Secretary
of State's Office at (502) 564-7330.
Does the library have forms such as divorce, wills, deeds, power of attorney,
etc.?
Forms are available in several commercially published volumes. These are not
fill-in-the blank forms, but are sample forms only. These can be faxed or mailed.
Mailed copies are 10 cents per page plus postage. Faxed copies are $1.00 per
page.
Does the library have the laws of Kentucky?
The Kentucky Revised Statutes (KRS) in both print and CD ROM are available in
the library. They are also available on the internet at: http:www.lrc.state.ky.us
Does the library have the Federal laws?
The U.S. Code in both print and on CD ROM is available in the library.
The Code is also available on the internet at: http:www.uky.edu/Law/library/research.
Does the library have the old Kentucky laws?
Yes. Old volumes of the Kentucky laws are available for use in the library only.
These items may not be checked out of the library.
Can the library tell me when a statute was enacted?
Usually. The library has a complete run of superseded statute volumes.
Does the library have Kentucky cases?
The library has published cases dating back to 1785. Cases may be faxed
or mailed. Mailed copies are 10 cents per page plus postage. Faxed copies are
$1.00 per page.
Does the library have access to Lexis or Westlaw?
Yes, but this service may be accessed only by Court of Justice personnel
and officials.
Does the library have the old Kentucky Codes of Practice?
Yes, we have copies of superseded code volumes but these codes were not
published regularly.
How do I find out why a Kentucky statute was enacted?
Ky does not have a published legislative history. Minutes of committee
meetings, if available, would have to be requested through the Legislative Research
Commission. (502) 564-8100.
How do I find out why a U.S. statute was enacted?
Legislative histories of Federal Public Laws are published in the U.S.
Code Congressional and Administrative News. This resource is available in the
library.
Does the library have names and phone numbers for attorneys in other states?
Yes. The library has access to the Martindale-Hubbell Law Directory.
Does the library have a copy of the U.S. Constitution?
Yes. It is found in volume one of the Kentucky Revised Statutes.
Does the library have a copy of the Kentucky Constitution?
Yes. All four KY Constitutions (1792, 1799, 1850 and 1891), Magna Charta,
Declaration of Independence, Articles of Confederation, Compact with Virginia
and Act Admitting Kentucky into the Union can be found in volume one of the
Kentucky Revised Statutes.
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Please be aware that the Administrative Office
of the Courts is prohibited from providing legal advice to you.
If you are in need of legal advice, we suggest you contact a private attorney
or contact the Kentucky Bar Association at (502)564-3795 for a referral.