Kentucky Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

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FAQ

Commonwealth's attorney is the title given to the elected prosecutor of felony crimes in Kentucky. Other states in the U.S. refer to similar prosecutors as district attorney or state's attorney.

While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Kentucky law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad.

A special prosecutor is a prosecutor who is independent of an office that would normally exercise jurisdiction in a criminal investigation?to avoid potential conflicts of interest or to facilitate subject matter area expertise.

Whethers Commonwealth's Attorney. Gerina D. Whethers has provided over 20 years of public service to the Commonwealth of Kentucky bringing experience in prosecuting cases, creating new program initiatives, trainings, and fostering lasting federal, state, and community partnerships.

A general power of attorney gives your agent the ability to act on your behalf for financial matters. They can sign documents, pay bills, and conduct other financial decisions for you. You can use this even if you're not incapacitated but want additional help with your finances.

The 2018 changes made it a requirement that a power of attorney have two disinterested witnesses to be valid. The 2020 change to the laws related to powers of attorney removes this requirement. It is likely that the best practice will continue to use two disinterested witnesses.

A senior prosecuting attorney may be appointed to serve as a special prosecutor in a county in which the senior prosecuting attorney previously served if the court finds that the appointment would not create the appearance of impropriety.

It's important to understand that a person with a general power of attorney can still change the circumstances surrounding a will. He or she can make changes to your estate?essentially, before it becomes your estate.

The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest."

Estate. a marriage or legal separation is filed, unless the power of attorney document provides otherwise. Just as under the present law, a power of attorney is not required by the new law to be recorded, unless it is being use to convey, release or transfer any interest in real estate.

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Kentucky Order Appointing Special Prosecutor