DEMOCRATIC PARTY OF KENTUCKY v. GRAHAM

Nos. 98-SC-685-D, 98-SC-688-TG, 98-SC-687-D and 98-SC-689-TG.

976 S.W.2d 423 (1998)

DEMOCRATIC PARTY OF KENTUCKY, Movant, v. William L. GRAHAM, Franklin Circuit Judge, Respondent, and A.B. Chandler, III, In His Official Capacity as Attorney General of the Commonwealth of Kentucky; Commonwealth of Kentucky; and Kentucky Registry of Election Finance, Real Parties in Interest, and Forgy/Handy Campaign Committee, Amicus Curiae. and GENERAL DRIVERS, WAREHOUSEMEN AND HELPERS LOCAL UNION NO. 89; and Lon E. Fields, Sr., Movants, v. William L. GRAHAM, Judge, Franklin Circuit Court, Respondent, and A.B. Chandler, III, In His Official Capacity as Attorney General of the Commonwealth of Kentucky; and Kentucky Registry of Election Finance, Real Parties in Interest, and Forgy/Handy Campaign Committee, Amicus Curiae.

Supreme Court of Kentucky.

As Modified October 15, 1998.


Attorney(s) appearing for the Case

Sheryl G. Snyder, Brown, Todd & Heyburn, PLLC, Louisville, Richard M. Sullivan, Conliffe, Sandmann & Sullivan, Louisville, for Democratic Party of Kentucky.

Scott Coleman Cox, Louisville, for General Drivers, Warehousemen and Helpers Local Union No. 89 and Lon E. Fields, Sr.

Julius Rather, Lexington, for Judge William L. Graham.

A.B. Chandler, III, Atty. Gen., Frankfort, Joseph Gutmann, Asst. Commonwealth's Atty., Louisville, William Bryan Jones, Office of the Attorney General, Karen M. Timmel, Asst. Atty. Gen., Special Prosecutions Division, Scott White, Asst. Atty. Gen., Office of the Attorney General, Frankfort, for A.B. Chandler, III/Commonwealth of Kentucky.

Jon L. Fleischaker, Cheryl R. Winn, Dinsmore & Shohl, LLP, Louisville, for Kentucky Registry of Election Finance.

Lawrence E. Forgy, Jr., Lexington, Thomas V. Handy, London, Mark Stephen Pitt, Wyatt, Tarrant & Combs, Louisville, for Forgy/Handy Campaign Committee.


COOPER, Justice.

We are called upon in this action to determine not whether the petitioners will be or should be indicted by a special grand jury empaneled by the Franklin Circuit Court, but only the narrow legal issue of whether a grand jury can return an indictment for a violation of a campaign finance law, KRS Chapter 121, absent a preliminary finding of probable cause by the Registry of Election Finance (Registry). Respondent William L. Graham, regular judge of...

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