Can legislators be prosecuted criminally for refraining from performing a duty imposed on him by law…such as failure to pass a budget?

 

An interesting question is presented when the legislature fails to perform their constitutional duty to pass a budget.  We are not aware of any criminal statue or constitutional provision that says Legislators are immune from the Criminal Code.  Perhaps there is a court ruling that created such immunity.  And one must ask, who would file such a complaint against 138 members of the legislature?

One suggestion we received is for Attorney General Jack Conway to stand up and “Bell the Cat”.  We were asked, “Why doesn’t Conway indict members of the legislature?  That might allow him to close the gap on Mondiardo…and might even earn him some of the Tea Party voters.”

Decide for yourself if these criminal statutes apply.

 

 

KRS 522.010 Definitions.

The following definitions apply in this chapter, unless the context otherwise requires:

(1) “Public servant” means:

(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state; or

(b) Any person exercising the functions of any such public officer or employee; or

 

KRS 522.020 Official misconduct in the first degree.

(1) A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly:

(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or

(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or

(c) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) Official misconduct in the first degree is a Class A misdemeanor.

 

 

KRS 522.030 Official misconduct in the second degree.

(1) A public servant is guilty of official misconduct in the second degree when he knowingly:

(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or

(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or

(c) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) Official misconduct in the second degree is a Class B misdemeanor.

 

Comments are closed.