• Case of Note

ARKK Properties, LLLC v. Cameron

Docket number

Held that statute permitting officials sued for alleged constitutional violations to compel transfer of the suit to another randomly-selected circuit court violates the state constitution.  According to the court, the law “dishonors the principle of separation of powers by: granting unchecked power to a litigant to remove a judge from a case under the guise of a “transfer,” thereby circumventing our well-established judicial recusal process; divesting the circuit court of its inherent jurisdiction and authority to decide when and if a case should be transferred to another venue; invading this Court’s rule-making authority by permitting a “Notice of Transfer” pleading not authorized by Kentucky’s Rules of Civil Procedure; and exercising control over 8  the Court’s clerks by directing them to take certain action for implementation of S.B. 126.” 

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