Request By:
Mr. Merle H. Quinn
Hancock County Circuit Clerk
Hawesville, Kentucky 42348
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You raise the question as to the circumstances under which a circuit court clerk can issue warrants of arrest.
RCr 2.04 mentions the fact that magistrates [meaning a judge of the circuit or a judge or trial commissioner of the district court] may issue warrants of arrest under certain circumstances. Parenthetically it refers to any other officer authorized to issue a warrant of arrest.
KRS 30A.140 provides that every circuit clerk shall perform such additional duties as may be described by statute or court rule. To our knowledge the Supreme Court of Kentucky has established no rule in connection with the issuance of warrants of arrest as relates to the circuit clerks.
The answer to your question is found in KRS 15.725(4) as amended by H.B. 49 (1978 Session). Under that subsection, as amended, in the event of the absence from a county of all district judges and all circuit judges and all trial commissioners, the circuit clerk in such county may issue criminal warrants prepared by the commonwealth's attorney or county attorney, who shall certify that there is no district judge, circuit judge or trial commissioner within the county. This amendment becomes effective June 17, 1978.
Under KRS 15.725(4), as it presently reads, the circuit clerk can issue an arrest warrant, with approval of the commonwealth's attorney or county attorney, provided that there are no district judges or circuit judges or trial commissioners in the county.