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FRANKLIN v. LAMBERT

No. 2001-SC-0064-OA.

41 S.W.3d 852 (2001)

Darby FRANKLIN, Petitioner, v. Cicely Jaracz LAMBERT, in her official capacity as Director of the Administrative Office of the Courts, Respondent, and Donna Pelfrey, Intervening Respondent.

Supreme Court of Kentucky.

April 26, 2001.

Attorney(s) appearing for the Case

James J. Barrett III, Joseph Lane, Pillersdorf, Derossett & Barrett, Prestonsburg, for Petitioner.

Carol C. Ullerich, General Counsel, Administrative Office of the Courts, Christopher M. Hill, Christopher M. Hill & Associates, PSC, Frankfort, for Respondent.

Brent L. Caldwell, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, for Intervening Respondent.

LAMBERT, Chief Justice.

The issue presented is whether SCR 1.060(4), a provision which requires a special qualifying examination for applicants seeking appointment to the office of circuit court clerk upon the occurrence of a vacancy, limits the number of times that the examination may be administered to any one person. To resolve this issue of first impression, we must look to the specific language of SCR 1.060(4), as well as KRS 30A.150, the statute governing the...

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