Procedures for handling complaints and requests for investigation
1. Only the Chair or his designee may communicate
with the press or issue statements on behalf of the Committee. The
Vice-chair may act if the Chair is unavailable.
2. Committee meetings and records are open to the
public and press.
3. A quorum of seven members is required (in person
or by conference call) for the Committee to act officially. Proxy
voting is not allowed. A majority of those present and voting is
required for Committee action, except that public announcements
are not authorized except by vote of at least 60% of the members
present in person or by conference call.
4. Meetings of the Committee shall be held as agreed
upon by the Committee. In addition, a meeting may be called by the
Chair or any three members of the Committee.
5. Members shall be given reasonable notice of the
date time and place of Committee meetings; however failure to notify
a committee member shall not invalidate an action of the Committee.
6. The Committee may consider matters pertaining to
judicial campaigning of which it becomes aware on its own initiative
or a result of a written complaint or written request for investigation
from any source. Judicial campaigning shall include, but not be
limited to, “judicial advertising” – that is,
statements and campaign materials issued by a candidate for a judicial
office in Kentucky or by an independent campaign committee or individual.
Examples of judicial advertising include: newspaper, radios, and
tv advertising, website postings. press releases, brochures and
7. Complaints or requests for investigation shall
be immediately forwarded to the Chair (or to the Vice-Chair if the
Chair is not available). As soon as practicable, the Chair shall
appoint a sub-committee of at least three persons to review and
investigate the complaint or request for investigation. In appointing
the sub-committee the Chair shall choose members able and willing
to act promptly to review and investigate the complaint or request
8. If the sub-committee determines that the complaint
is without merit or that the request for investigation requires
no further action, it shall so advise the complainant or requester
and report its action to the full committee.
9. If the sub-committee determines that the complaint has merit
and it appears that there is time for timely action by the full
committee, the sub-committee shall so advise the Chair, who will
notify the candidate or appropriate group that he/she or it is the
subject of a complaint. If the complaint is with regard to an advertisement
sponsored by an independent campaign committee, the Chair will notify
the candidate or candidates who are the subject of the advertisement
as well as the independent committee itself. The Chair will convene
the full committee either in person or telephonically as soon as
practicable to consider the report of the sub-committee and the
response, if any, of the candidate or interest group. The Committee
shall then take whatever action appears appropriate under the circumstances.
10. If the sub-committee determines that the complaint has merit
and it is impractical to refer the complaint to the full committee
because of time constraints or otherwise, the sub-committee shall
so advise the Chair (or, in his absence, the Vice-Chair), who may,
after consultation with the sub-committee, act on behalf of the
Committee. The Chair shall report the action taken to the full committee.
11. If the sub-committee determines that a request
for investigation is warranted, the Chair (or in his absence the
Vice-Chair) may direct such investigation as appears appropriate.
The Committee adopted these procedures at a regularly
scheduled meeting on Aug. 19, 2006.