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PETITIONER THOMAS EDWIN JONES V COMMONWEALTH OF KENTUCKY, ADMINISTRATIVE OFFICE OF THE COURTS
State: Kentucky
Court: Supreme Court
Docket No: 2005-SC-000272-OA
Case Date: 09/20/2005
Plaintiff: PETITIONER THOMAS EDWIN JONES
Defendant: COMMONWEALTH OF KENTUCKY, ADMINISTRATIVE OFFICE OF THE COURTS
Preview:RENDERED: AUGUST 25, 2005 TO BE PUBLISHED
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2005-SC-0272-OA
THOMAS EDWIN JONES PETITIONER
IN SUPREME COURT
COMMONWEALTH OF KENTUCKY, RESPONDENT ADMINISTRATIVE OFFICE OF THE COURTS
OPINION OF THE COURT BY JUSTICE COOPER
VACATING AND REMANDING

Petitioner, Thomas Edwin Jones, brings this original action, pursuant to CR 76.36, to challenge a personnel action taken against him by Respondent, the Administrative Office of the Courts (AOC). Petitioner is a former Bell County pretrial services officer. On November 17, 2003, the AOC's Division of Pretrial Services issued to Petitioner official notification of its intent to dismiss him from employment. Petitioner thereafter requested an informal meeting with the General Manager of the Division of Pretrial Services. On December 16, 2003, after this informal meeting, Petitioner received a second official notification of intent to dismiss him. Petitioner appealed, and on May 7, 2004, the AOC conducted a hearing on the matter . After taking testimony from several witnesses and reviewing various letters, reports, and affidavits submitted by the parties, the hearing officer concluded that good cause existed for Petitioner's
dismissal. On June 15, 2004, the Acting Director of the AOC adopted the hearing
officer's recommendation to affirm Petitioner's dismissal. Petitioner appealed to the
Court of Justice Employee Grievance and Appeal Committee, which found that the
decision to terminate Petitioner's employment was reasonable.
Petitioner then filed an action in the Franklin Circuit Court, which he styled a "Petition for Appeal of Findings of Fact and Determination of Reasonableness of Director's Decision." On March 21, 2005, the Franklin Circuit Court ordered that Petitioner's action be transferred to this Court, reasoning that because the AOC is the administrative arm of the Supreme Court, requests for review of AOC actions can only be brought before the Supreme Court. This petition followed.
The Chief Justice of the Commonwealth has constitutional authority to "appoint such administrative assistants as he deems necessary." Ky. Const.
Download 2005-sc-000272-oa-1.pdf

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