Jacobs v. Commonwealth

The facts in this case are relatively simple. A sitting circuit judge recused himself and the chief regional circuit judge appointed a retired judge as a special judge to hear defendant’s case. Section 110(5)(b) of the Kentucky Constitution and KRS 26A.020(1) allows the chief justice to appoint a retired judge as a special judge, but neither the Constitution nor the Supreme Court’s rules, adopted pursuant to section 112(4) of the Kentucky Constitution, allows a regional circuit judge to make such an appointment.

The majority holds that the appointment is voidable only if there was a timely…