In every proceeding filed or pending in the circuit court calling for an adjudication concerning the validity of an issue or proposed issue of tax-exempt bonds the plaintiff shall file with the clerk of the Supreme Court a copy of the complaint accompanied by a letter stating that it is being furnished pursuant to this Rule 14.03. The Supreme Court shall thereupon appoint a practicing attorney as special amicus curiae to participate in the proceeding the same as if he or she were a party opposing the legality of the bond issue, with the right of appeal from any adverse judgment. The trial court shall allow the special amicus curiae a reasonable fee for his or her services, including such as have been performed incident to an appeal, to be taxed as a part of the costs of the proceeding.
Rule 14.03.Special amici curiae in bond-issue proceedings.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires the plaintiff in any circuit court case challenging the validity of a tax-exempt bond issue to notify the Kentucky Supreme Court, which then appoints a special amicus curiae attorney, paid a court-set fee, to argue against the bonds' legality.
Full Text of Rule 14.03
Amendment History
(Adopted October 28, 1980, effective December 31, 1980.) KENTUCKY RULES ANNOTATED Copyright © 2026 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved
Plain-English Summary
Rule 14.03 handles a narrow but important situation: lawsuits that ask a circuit court to decide whether a tax-exempt bond issue is valid. Because these cases often go unopposed -- no one shows up to argue the bonds are illegal -- the rule builds in an adversary. The plaintiff must file a copy of the complaint with the clerk of the Supreme Court, along with a letter noting that the filing is made under this rule.
The Supreme Court then appoints a practicing attorney to serve as special amicus curiae. That attorney participates in the case as if representing a party opposed to the bond issue, including the right to appeal an adverse judgment. The trial court sets a reasonable fee for the attorney's work, covering any appeal, and taxes that fee as a cost of the proceeding.
Frequently Asked Questions
Why does a bond validation case need an amicus curiae in Kentucky?
Rule 14.03 requires it so that proceedings over the validity of tax-exempt bonds have someone arguing against the bond issue, even when no other party opposes it. The Supreme Court appoints a practicing attorney to fill that role.
Who pays the special amicus curiae attorney in a bond-issue case?
The trial court sets a reasonable fee for the attorney's services, including work done on any appeal, and that fee is taxed as part of the costs of the proceeding under Rule 14.03.
What does the plaintiff have to do to trigger appointment of a special amicus curiae?
The plaintiff must file a copy of the complaint with the clerk of the Kentucky Supreme Court, along with a letter stating that it is furnished under Rule 14.03. The Supreme Court then appoints the attorney.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 14.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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