Q: In KY can a Circuit Court Clerk’s surety bond issuer be sued for her negligence in filing a case?
On 12/27/21 I sent an administrative appeal with an in forma pauperis (IFP) to the Franklin Circuit Court. The filing deadline was 1/10/22. The clerk received and signed for the filing on 1/3/22. Per CR. 5.05 any filing accompanied by an IFP is to be considered filed when it received by the clerk. KY courts have supported the rule, Nanny v. Smith, 260 S.W.3d 815 (KY. 2008) and Commonwealth v. Opell, 3 S.W.3d 747 (KY. App. 1999). The clerk filed my case 4 days after the deadline on 1/14/22, case No: 2022-CA-00018. The case was dissmissed for being filed late which I am now appealing. In April 2022 I filed a complaint against the clerk with the Circuit Court Clerk Conduct Commission which is still investigating the case 222-CCC-003. I cannot find any case law in KY on point with my issue.
A: You might want to consider asking the Franklin circuit court to reinstate the case given the facts above. It seems clear your appeal would have been timely filed but for the clerical delay. The tiles provide for the court to consider such requests and act on them.
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