Request By:
Mr. Ed Hahn
Fayette County Judge/Executive
Court House Annex
West Main Street
Lexington, Kentucky 40507
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Our opinion is requested concerning reapportionment of commissioners' and magistrates' districts.
Question No. 1:
"Who is responsible for ordering redistricting in Fayette County; the County Judge Executive or Lexington-Fayette Urban County Government?"
As concerns magisterial [justices of the peace] reapportionment, any citizen of the county may file a request for reapportionment with the county judge/executive. Then to initiate the proceeding, the county judge/executive is required to publish notice of the planned reapportionment in accordance with KRS Chapter 424. See KRS 67.045 for the detailed procedure. After the reapportionment commissioners [commissioners appointed to reapportion] file their report with the county clerk, and not later than 20 days after the report is filed, any citizen of the county may file exceptions. KRS 67.045(4). The point is that once the appointed commissioners file their report as to redistricting and any exceptions are filed, the district court will hold a trial on the report and exceptions. If the district judge is of the opinion that the proceeding is in order and valid under the statute, he will enter a judgment or order and establish the new boundaries of the district. The county judge/executive certifies any reapportionment made under this statute to the county clerk.
In urban county government the fiscal court is composed of the county judge/executive and three commissioners to be elected from the urban county at large. Section 11.02A., charter of the Lexington-Fayette Urban County Government.
Now, as to the reapportionment of commissioners' districts, see the detailed procedure under KRS 67.063. Here again, the district judge, in an appropriate case, enters an order establishing the reapportioned boundaries of the districts.
Question No. 2:
"Can redistricting be effected this year even though it is an election year? However it is not an election year for county commissioners, magistrates and constables."
The magisterial and commissioners' districts this year may be reapportioned at any time, assuming substantial inequality of population in such existing districts. See KRS 67.045(2) and 67.063.
In your county, since there are six district judges, the chief judge of the district can designate by an order the district judge who will try the particular reapportionment case. See KRS 24A.080 and Rules of the Supreme Court [Ky.], Rule 1.040(3).