History of the Kentucky County Courts and JCCO
Jefferson County was established in 1780 when Kentucky County, Virginia, was subdivided into Fayette, Lincoln, and Jefferson counties. At this time, a monthly County Court served as the sole government body for each county. It also heard all cases except for criminal cases in which conviction would result in the loss of life or limb. In 1785, a newly formed Court of Quarter-Sessions for each county assumed jurisdiction over serious civil and criminal cases, and the County Court was designated as a court of record for administrative and financial matters. The County Court also had jurisdiction over civil matters not vested in the Courts of Quarter-Sessions, especially cases concerning wills, probate issues, and guardianship.
In the decades after Kentucky became a state in 1792, the business of the Jefferson County Court involved executive, legislative, and judicial functions that brought it into contact with hundreds of local residents each month. The Jefferson County Court was made up of nine Justices of the Peace, with the number increasing in future years. From 1800 to 1850, the Justices of the Peace were appointed positions that required no legal training. The County Court in these years had jurisdiction over probate court, orphans and apprentices, and bastardy cases. It examined and admitted deeds and other documents to record, administered poor laws, established ferries and roads, oversaw ferry rates and road maintenance, collected both county and state taxes, and settled minor civil or criminal issues, among other responsibilities.
In 1801-1802, the Kentucky General Assembly created a system of Circuit Courts, phasing out the Court of Quarter-Sessions. In Jefferson County, this newly created court was called the Jefferson Circuit Court. It continued the dockets of the former Court of Quarter-Sessions and District Court: ordinary (common law) for cases seeking monetary damages; and equity (chancery) for cases requiring non-monetary, fairness-based remedies.
In Jefferson County, from the early 1800s through 1838, the same person served as Clerk for both the County Court and the Circuit Court. After the resignation of Stephen Ormsby from the County Court Clerk position in 1796, Worden Pope was appointed to replace him. Pope was also appointed Circuit Court Clerk in 1803. He resigned as Circuit Court Clerk in 1834 and was succeeded by one of his sons, Edmund Pendleton Pope. After Worden Pope’s death in 1838, another son, Curran Pope, succeeded him as County Court Clerk.
The Jefferson County Clerk recorded and maintained court minutes and orders, deeds, land entry surveys, marriage bonds and licenses, guardianship bonds, wills, settlement books, estate inventories, and tax lists, among other documents. These local records serve as valuable resources for genealogical and historical research today.
The Louisville Chancery Court was established in 1835, and it assumed the equitable and chancery jurisdiction previously held by the Jefferson Circuit Court. In 1865, the Jefferson Court of Common Pleas became a separate and distinct court for common law, and the Jefferson Circuit Court primarily had jurisdiction over criminal cases.
In 1850, Kentucky’s third constitution made several changes to the organization of the county court system and county government. Almost all county positions were made elective, decided by popular vote. Each county was divided into districts, each with a Justice of the Peace, and the County Judge position was created to oversee the entire county. The County Judge took over most responsibilities from the Justices of the Peace, probating wills, hearing petty civil and criminal cases, and supervising the judicial business of the County Court. Justices kept a more limited position, usually on the court of claims, setting local taxes, paying any county bills, and supervising construction and maintenance of roads and public buildings.
Sources:
- Biven, William E., “The Historical Development of the Kentucky Courts,” Kentucky Law Journal: Vol. 47 (no. 4, 1959).
- Jillson, Willard Rouse, “Index of a Minute Book A (1780 to 1783): Jefferson County Court, Virginia,” Register of the Kentucky Historical Society, vol. 53, no. 182 (Jan. 1955), 37-59
- Ireland, Robert, The County Courts in Antebellum Kentucky (Lexington: University Press of Kentucky, 1972).
- Ireland, Robert, The County in Kentucky History (Lexington: University Press of Kentucky, 1976).
- Kentucky Department for Libraries and Archives research guides
- Metzmeier, Kurt. “History of the Courts of Kentucky,” Faculty and Staff Scholarship (2006), 744.
- Pope, Worden, entry, Encyclopedia of Louisville, ed. John E. Kleber (Lexington: University Press of Kentucky, 2001), p. 713.
- Thomas, Sam W., “An Inventory of Jefferson County Records,” Filson Club History Quarterly, 44 (no. 4, Oct. 1970), 321-55.
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