349 S.W.3d 892
Ky.2011Background
- Judge Winchester appointed King master commissioner for McCreary County in 1987; bond of $25,000 was posted.
- King continued as master commissioner for over a decade without reappointment, acting as de facto master commissioner.
- In 2002, King conducted a judicial sale of four tracts; proceeds were $234,600; an itemization awarded heirs amounts but King never distributed funds.
- King misappropriated proceeds to his personal account; total misappropriated funds exceeded $300,000 and led to criminal charges and disbarment in 2005.
- Heirs filed substantially identical Board of Claims claims against King, Judge Winchester, and the AOC on August 11, 2003; Board consolidated claims in October 2003.
- Board dismissed claims for lack of jurisdiction and failure to state a claim; Franklin Circuit Court and Court of Appeals affirmed; Kentucky Supreme Court granted discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board of Claims has jurisdiction over AOC and judicial officers | Appellants argue WAIVER extends to AOC and Winchester employees. | AOC and Winchester are not subject to Board jurisdiction; actions are judicial or discretionary immune. | Board jurisdiction over ministerial acts; immunity for judicial/discretionary acts persists; remanded for ministerial claims |
| Whether King's conduct falls within ministerial acts waived by Board | King's failure to distribute proceeds constituted negligent ministerial conduct by a state actor. | King's misappropriation was intentional tort, not negligent ministerial act; not within Board waiver. | King's conduct not within Board's ministerial act framework; no waiver for King |
| Scope of sovereign immunity waiver under KRS 44.070–44.160 | Waiver extends to Commonwealth actors (including AOC and Winchester) for ministerial negligence. | Waiver limited to executive branch and ministerial acts; judiciary not included. | Waiver extends to ministerial acts of executive branch; Court limits to executive branch as applied |
| Whether AOC is the employer of Winchester or King for purposes of Board claims | AOC acts as employer for King/Judge Winchester; Board should hear claims. | Winchester is a circuit judge, not an AOC employee; cannot bind AOC to acts. | Winchester not an AOC employee; no vicarious liability against AOC; Board jurisdiction remains limited |
| Whether Judge Winchester enjoys judicial immunity for actions related to master commissioner appointment/bond | Judicial acts are immune; but Board can address ministerial negligence. | Judicial immunity bars suits against Winchester personally; Board claims lie against Commonwealth for ministerial acts. | Judge Winchester immune personally; Board may hear ministerial act negligence claims against Commonwealth |
Key Cases Cited
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (immunity; distinction between governmental/official immunity and Board waiver for ministerial acts)
- Collins v. Commonwealth Nat. Resources and Env. Prot. Cabinet, 10 S.W.3d 122 (Ky. 1999) (ministerial vs discretionary acts; Board scope for ministerial negligence)
- Williams v. Kentucky Department of Education, 113 S.W.3d 145 (Ky. 2003) (vicarious liability under Board of Claims for ministerial acts; limits on immunity waiver)
- Sexton v. Commonwealth, 256 S.W.3d 29 (Ky. 2008) (Board of Claims; ministerial vs discretionary acts; executive branch focus)
- Stratton v. Commonwealth, 182 S.W.3d 516 (Ky. 2006) (Cabinet discretionary vs ministerial acts; scope of Board waiver)
- Horn by Horn v. Commonwealth, 916 S.W.2d 173 (Ky. 1995) (Board jurisdiction over Court of Justice; separation of powers concerns with waiver)