The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
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Supreme Court of Kentucky IN RE: ORDER AMENDING RULES OF CIVIL PROCEDURE (CR) RULES OF THE SUPREME COURT (SCR) RULES OF CRIMINAL PROCEDURE (RCr) 2013-14 ____________________________________________________________ The following rules' amendments shall become effective January 1, 2014. I. CR 23.05(6) Disposition of Residual Funds fore a judge. If a defendant chooses to execute a bail bond in accordance with the schedule without appearing before a judge and proceeds to do so, that defendant waives his or her statutory right to be considered for other authorized methods of pre-trial release. Before said waiver is effective, the defendant must be informed of his or her right to appear before a judge without unnecessary delay, and to be considered for release on personal recognizance. All sitting. All concur, except Scott, J., who dissents as to CR 23.05(6) and SCR 3.830. Justice Scott would direct that the funds be allocated by the Kentucky IOLTA Fund Board of Trustees and would require that receipt of such funds be deemed to be consent for appropriate audits by the Auditor of the Commonwealth of Kentucky as to the expenditure of such funds. ENTERED: October __22__, 2013. New subsections (a) and (b) to new section (6) of CR 23.05 shall read: (6) Disposition of Residual Funds (a) "Residual Funds" are funds that remain after the payment of all approved class member claims, expenses, litigation costs, attorneys' fees, and other court-approved disbursements to implement the relief granted. Nothing in this rule is intended to limit the parties to a class action from agreeing to, or the trial court from approving, a settlement that does not create residual funds. _____________________________________ CHIEF JUSTICE (b) Any order entering a judgment or approving a proposed compromise of a class action certified under this rule that establishes a process for identifying and compensating members of the class shall provide for the disbursement of residual funds. In matters where the claims process has been exhausted and residual funds remain, not less than twenty-five percent (25%) of the residual funds shall be disbursed to the Civil Rule 23 Account maintained by the Kentucky IOLTA Fund Board of Trustees pursuant to Supreme Court Rule 3.830(20). Such funds are to be allocated to the Kentucky Civil Legal Aid Organizations based upon the current poverty formula established by the the Legal Services Corporation to support activities and programs that promote access to the civil justice system for low-income residents of Kentucky. II. SCR 3.830 Kentucky IOLTA Fund New section (20) to SCR 3.830 shall read: (20) If the Kentucky IOLTA Fund receives residual funds as provided in Civil Rule 23.05(6), it shall deposit those funds into the Civil Rule 23 Account, an interest-bearing account maintained in a banking institution within the Commonwealth of Kentucky. Those funds are to be timely disbursed, in their totality, to the four Kentucky Civil Legal Aid Organizations in accordance with the current poverty formula established by the Legal Services Corporation in Washington, D.C. The Kentucky IOLTA Fund shall report to the Kentucky Supreme Court annually, on the first business day of September, regarding the status of the Civil Rule 23 Account, including all receipts and disbursements during the preceding year. RCr 4.20 Use of uniform schedule of bail Section (1) of RCr 4.20 shall read: (1) The defendant may execute a bail bond in accordance with the uniform schedule of bail (Appendix A) for designated nonviolent Class D felonies, misdemeanors and violations without appearing be- 57 III. B&B; ¥ 11.13