Request By:
Honorable Paul W. Richwalsky, Jr.
First Assistant Commonwealth's Attorney
Office of the Commonwealth's Attorney
Hall of Justice
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: George Geoghegan, III, Assistant Attorney General
Re: Extradition Procedures Under New Judicial Articles
Pursuant to our conversation and your letter concerning extradition procedures and the role of the county judge-executive under the new Judicial Articles, it is my opinion that under KRS 440.380 an order designating an officer to return the fugitive to this state without the benefit of any procedure incidental to extradition proceedings must still be signed by the county judge-executive. Such an order is clearly an executive function requiring the county judge-executive's authorization.
If this office can be of further assistance to you, please do not hesitate to contact us.