From David Kramer's Civil Litigation Blog:
SCOKY Holds Prohibition Not Available Against Nonjudicial Public Officials; Prior Cases Permit Mandamus Against Nonjudicial Officers in Limited Circumstancesby David Kramer
The Kentucky Supreme Court held earlier this year that a writ of prohibition was not an appropriate remedy to challenge a County Attorney’s use of documents incorrectly purporting to originate from a court to require persons named in a criminal complaint but not yet charged to attend a mediation prior to issuance of a warrant or summons.
In Minix v. Roberts, 350 S.W.3d 449 (Ky. 2011), the Court, while expressly disapproving of the practice, said relief by way of prohibition was not available to require the County Attorney to cease using emblems of the Court of Justice to require potential misdemeanants to attend mediation sessions, since a County Attorney is not a judicial officer. The Court suggested that the proper procedure to challenge such a practice would be to seek an injunction or file a declaratory judgment action. The Court concluded the opinion with a warning that the County Attorney should cease using judicial images on documents relating to the pre-warrant mediation program.
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