Franklin v. Lambert

Summary

The Kentucky Supreme Court considered whether SCR 1.060(4) limits a person seeking appointment as circuit court clerk to a single special qualifying examination. The court held that the rule does not prohibit multiple examinations in the vacancy-appointment context, denied Franklin’s requested writ of prohibition, and directed that Pelfrey’s examination results be released and certified.

Holdings

1. SCR 1.060(4) does not prohibit or expressly authorize only one examination and does not limit the chief circuit judge from requiring a subsequent examination for an applicant seeking appointment to fill a circuit court clerk vacancy.
2. Franklin was not entitled to a writ of prohibition because the second examination was permissible in the appointment context.

Questions Presented

1. Whether SCR 1.060(4) limits the Administrative Office of the Courts to administering only one special examination to each applicant when filling a vacancy in the office of circuit court clerk by appointment.
2. Whether the Administrative Office of the Courts could administer, grade, and certify Pelfrey's second examination after the circuit judge requested another opportunity for her to qualify.

Disposition

writ_denied