Judge George W. Davis III

Applies to

On record statement

For a pretrial diversion application, defense counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial and speedy-disposition rights if diversion is granted.

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation in response to every pretrial diversion application.

Applies to

Written recommendation

If the Commonwealth recommends diversion, its written recommendations to the Court must include diversion conditions and the appropriate sentence if the agreement is unsuccessful.

An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 10 days before trial.

Motions are due by 4:00 p.m. on the Friday before motion hour, or by 4:00 p.m. Thursday if the courthouse is closed Friday.

The Domestic Relations Commissioner's Report and Recommendation must be filed with the Clerk within 21 days of completion of trial and submission of evidence.

The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.

A responsive pleading faxed to the Court for motion hour must be faxed to opposing counsel or the opposing party at the same time, or mailed immediately if no fax number is available.

Applies to

Notice of hearing

After referral to the Domestic Relations Commissioner, the notice of hearing must be sent to all parties within seven days.

When personal identifiers are required by statute or appear in other documents or exhibits, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

The petitioner's address must be redacted from the petition copy served on the respondent.

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.