Amy Jerrine Mischler v. Hon. Larry Thompson, Pike County Family Court Judge David Deskins, Pike County Circuit Court…

Summary

The Kentucky Supreme Court affirmed denial of the appellant's mandamus petitions challenging 2002 domestic-violence proceedings. It held that mandamus could not compel the circuit clerk to remove filed orders because the clerk had no duty to decide which signed orders belong in the record and the appellant had an adequate remedy by appeal. It also held that mandamus was unavailable against the judge and trial commissioner because neither was proceeding or about to proceed concerning the long-concluded proceedings. HARNED, S.J., concurring, would affirm on the narrower ground that the appellant's claims were time-barred and should have been pursued through timely motions or appeals.