Request By:
Mr. Ed Scrivner
Constable
Third Magisterial District
2002 Mobile Court
Lexington, Kentucky 40505
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your questions concern your serving process for the district court involving parking violations. If the district court puts the process in your hands as a constable, you can serve it. KRS 70.350. There is no contract involved. The fees for a constable are shown in KRS 64.190. For any other services not described in KRS 64.190, the same fees allowed sheriffs for similar services are allowed constables.
Suppose you make an arrest with or without a warrant in a misdemeanor case, then you would be entitled to the $7.00 fee described in KRS 64.090. However, you will be paid the $7.00 if: (1) The defendant is convicted; and (2) The defendant pays over the fee to the district court clerk. See KRS 64.340. Then the clerk would turn over the $7.00 fee to you. KRS 24A.140 .
Don't forget, if the defendant is not convicted, you cannot get your fee. KRS 64.340. Fees can only be paid where a statute expressly provides for such. KRS 64.410(2).