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DEPARTMENT OF PUBLIC ADVOCACY

KRS tit. IV, ch. 31
in effect

KRS 31.010 Department of Public Advocacy -- Establishment -- Functions -- Independent agency

31.010. Department of Public Advocacy -- Establishment -- Functions -- Independent agency There is hereby established as an independent agency of state government, attached for administrative purposes to the Justice and Public Safety Cabinet, the D epartment of Public Advocacy, in order to provide for the establishment, maintenance, and operation of a state-sponsored and controlled system for: (1) The representation of persons accused of serious crimes, as authorized under this chapter; and (2) (a) The pursuit of legal, administrative, and other appropriate remedies to ensure the protection of the rights of persons with disabilities, independent of any agency that provides treatment, services, or rehabilitation to persons with disabilities. (b) As used in this chapter, "persons with disabilities" means persons eligible for protection and advocacy services under Pub. L. Nos. 99 -319, 102-569, 103- 218, 106-170, and 106-402, as amended, and any other federal enabling statute hereafter enacted that defines the eligible client base for protection and advocacy services. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 1, effective July 15, 2026. -- Amended 2017 Ky. Acts ch. 167, sec. 9, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 151, sec. 2, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 85, sec. 115, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 283, sec. 1, effective July 15, 2002. -- Amended 1984 Ky. Acts ch. 338, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 155, sec. 19, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 1. -- Created 1972 Ky. Acts ch. 353, sec. 1. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 31.015 Public Advocacy Commission -- Appointment -- Members -- Terms -- Compensation -- Duties

31.015. Public Advocacy Commission -- Appointment -- Members -- Terms -- Compensation -- Duties (1) (a) The Public Advocacy Commission shall consist of the following members, none of whom shall be a prosecutor, law enforcement official, or judge, who shall serve terms of four (4) years, except the initial terms shall be established as hereafter provided: 1. Two (2) members appointed by the Governor; 2. One (1) member appointed by the Governor. This member shall be a child advocate or a person with substantial experience in the representation of children; 3. Two (2) members appointed by the Kentucky Supreme Court; 4. Three (3) members, who are licensed to practice law in Kentucky and have substantial experience in the representation of persons accused of crime, appointed by the Governor from a list of three (3) persons submitted to him or her for each individual vacancy by the board of governors of the Kentucky Bar Association; 5. The dean, ex officio, of each of the law schools in Kentucky or his or her designee; and 6. One (1) member appointed by the Governor from a list of three (3) persons submitted to him or her by the joint advisory boards of the Protection and Advocacy Division of the Department of Public Advocacy. (b) Any member of the commission serving prior to July 15, 2002, shall serve until the expiration of his or her current term of office. Subsequent appointments shall be for a term of four (4) years from the date of expiration of the term for which his or her predecessor was appointed. (2) At the first meeting of the commission, a drawing by lot shall be conducted to determine the length of each original member's term. Initially there shall be four (4) two (2) year terms, four (4) three (3) year terms, and four (4) four (4) year terms. Vacancies in the membership of the commission shall be filled in the same manner as original appointments. Appointments to fill vacancies occurring before the expiration of a term shall be for the remainder of the unexpired term. (3) The commission shall first meet at the call of the Governor and thereafter as the commission shall determine on a regular basis, but at least quarterly, and shall be presided over by a chairperson elected by its members for a one (1) year term. A majority of commission members shall constitute a quorum, and decisions shall require the majority vote of those present; except that a recommendation to the Governor pertaining to the appointment, renewal of the appointment, or removal of the public advocate shall require a majority vote of the commission. Each member of the commission shall have one (1) vote, and voting by proxy shall be prohibited. (4) The public advocate shall, upon appointment or renewal, be an ex officio member of the commission without the power to vote, shall serve as secretary of the commission, and shall be entitled to attend and participate in all meetings of the commission except discussions relating to renewal of his or her term or his or her removal. (5) Commission members shall be reimbursed for reasonable and necessary expenses incurred while engaged in carrying out the duties of the commission and shall receive one hundred dollars ($100) per day for each meeting attended unless prohibited by law from receiving such compensation. (6) The commission shall: (a) Receive applications, interview, and recommend to the Governor three (3) attorneys as nominees for appointment as the public advocate; (b) Assist the public advocate in drawing up procedures for the selection of his or her staff; (c) Review the performance of the public advocacy system and provide general supervision of the public advocate; (d) Assist the Department of Public Advocacy in ensuring its independence through public education regarding the purposes of the public advocacy system; and (e) Review and adopt an annual budget prepared by the public advocate for the system and provide support for budgetary requests to the General Assembly. (7) In no event shall the commission or its members interfere with the discretion, judgment, or advocacy of employees of the Department of Public Advocacy in their handling of individual cases. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 167, sec. 10, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 107, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 116, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 283, sec. 2, effective July 15, 2002. -- Amended 1994 Ky. Acts ch. 486, sec. 18, effective July 15, 1994. -- Created 1982 Ky. Acts ch. 377, sec. 2, effective July 15, 1982. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 31.020 Public advocate -- Qualifications -- Selection -- Term -- Salary -- Staff

31.020. Public advocate -- Qualifications -- Selection -- Term -- Salary -- Staff (1) The Department of Public Advocacy shall consist of the public advocate, deputy public advocate, general counsel, assistant public advocates as the public advocate shall deem necessary, and secretarial and other personnel as the public advocate shall deem necessary. (2) (a) The public advocate shall: 1. Be appointed by the Governor from a list of three (3) attorneys submitted to him or her by the Public Advocacy Com mission; 2. Be an attorney licensed to practice law in Kentucky with at least five (5) years of experience in the practice of law; 3. Be excepted from the classified service; 4. Be the chief administrator of the Department of Public Advocacy and an appointing authority as defined in KRS 18A.005; and 5. Serve a term of four (4) years, which is renewable, unless removed by the Governor. (b) The incumbent public advocate shall serve until a successor is nominated by the commission and approved by the Governor. The compensation of the public advocate shall be set by KRS 64.640. (3) The deputy public advocate shall: (a) Be an attorney; (b) Be appointed by the public advocate; and (c) Serve at the pleasure of the public advocate. (4) The general counsel shall: (a) Be an attorney; (b) Be appointed by the public advocate; (c) Serve at the pleasure of the public advocate; and (d) Represent the interests of the department as directed by the public advocate. (5) The assistant public advocates shall: (a) Be attorneys; (b) Be appointed by the public advocate; (c) Be covered by the merit system; and (d) Not be subject to KRS 12.210. (6) Secretarial, clerical, and other personnel shall be appoint ed by the public advocate and shall be covered by the merit system. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 2, effective July 15, 2026. -- Amended 2012 Ky. Acts ch. 151, sec. 3, effective July 12, 2012. -- Amended 1982 Ky. Acts ch. 377, sec. 1, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 20, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V. sec. 4; and ch. 358, sec. 1. -- Created 1972 Ky. Acts ch. 353, sec. 2.

KRS 31.025 Repealed, 2002

31.025. Repealed, 2002 Catchline at repeal: Liability insurance for full-time public advocates. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Created 1980 Ky. Acts ch. 295, sec. 10, effective July 15, 1980.

KRS 31.030 Authority and duties of department -- Annual report

31.030. Authority and duties of department -- Annual report The authority and duties of the Department of Public Advocacy shall include but are not limited to: (1) Administering the statewide public advocacy system created by this chapt er or by any other appropriate legislation or court decision; (2) Developing policies and procedures for administration of the defense of indigent defendants in criminal cases that the public advocate, statutes, or the courts determine are subject to publi c assistance; (3) Determining necessary personnel for the department and appointing staff attorneys, who shall be assistant public advocates, and non -lawyer assistants within the merit system, subject to available funding and employee allotments; (4) Maintaining and exercising control over the department's information technology system, and working with the Commonwealth Office of Technology to ensure that the department's information technology is in conformity with the requirements of state government; (5) Conducting research into, and developing and implementing methods of, improving the operation of the criminal justice system with regard to indigent defendants and other defendants in criminal actions, including participation in groups, organizations, and projects dedicated to improving representation of defendants in criminal actions in particular, or the interests of indigent or impoverished persons in general; (6) Issuing rules, promulgating administrative regulations in accordance with KRS Chapter 13A, and establishing standards as may be reasonably necessary to carry out the provisions of this chapter, the decisions of the United States Supreme Court, the decisions of the Kentucky Supreme Court, Court of Appeals, and other applicable court decisions or statutes; (7) Being authorized to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of persons with disabilities; (8) Being authorized to purchase liability insurance for the protection of all full -time public advocates, deputy public advocates, and assistant public advocates to protect them from liability for malpractice arising in the course or scope of employment and for the protection of attorneys with whom the Department of Public Advocacy contracts to protect them from liability for malpractice arising in the course or scope of the contract; (9) Being authorized to seek, apply for, and solicit funds for the operation of the defense of indigent persons or protection of the persons with disabilities prog rams from any source, public or private, and to receive donations, grants, awards, and similar funds from any legal source. Those funds shall be placed in a special account for the Department of Public Advocacy and, notwithstanding KRS 45.229, those funds shall not lapse; (10) Being authorized to assign an attorney, including a confl ict attorney under a plan, for good cause, at any stage of representation, including trial, appeal, or other post - conviction or post-disposition proceeding, including discharge revocation hearings, preliminary parole revocation hearings, and conditional di scharge revocation hearings, regardless of whether the hearings are conducted by constitutional judges or executive branch administrative law judges; (11) Filing an annual report with the Legislative Research Commission by September 30 of each year, for referral to the Interim Joint Committee on Judiciary, informing the public of the work of all divisions of the department and setting forth the total number and types of cases assigned to the department by county, the average number of cases per department attorney, all funding available to the department, the average amount of state funds expended per assigned case, and any other information requested by the Legislative Research Commission or that the public advocate finds necessary to inform the General Assembly, the judicial or executive branches, or the public of the activities conducted by the department during the previous fiscal year; (12) Performing other activities and instituting other programs as necessary to carry out the provisions of this chapter, or those decisions or statutes which are the subject of this section; (13) (a) Within sixty (60) days of the end of each fiscal year, filing with the Cabinet for Health and Family Services and the Legislative Research Commission for referral to the Interim Joint Committees on Judiciary and Families and Children a report detailing: 1. The number of alternative sentencing plans submitted to courts that recommended treatment by providers that were nonqualified treatment programs; 2. A breakdown of the number of plans described in subparagraph 1. of this paragraph that were approved, denied, or amended by the courts; and 3. A listing of all treatment programs recommended that did not meet the requirements of a qualified treatment program. (b) As counsel appointed to provide legal representation to an individual under KRS Chapter 31, the department or defense counsel serves at the direction or request of the represented individual and may make recommendations for substance abuse treatment services from a treatment provider that is not a qualified treatment program but shall adhere to the reporting requirements in KRS 222.427(3); and (14) Requiring alternative sentencing workers as defined in KRS 31.252 to: (a) Obtain a minimum of twelve (12) hours of continuing education pertaining to substance use disorder; and (b) Comply with KRS 222.429. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 3, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 68, sec. 6, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 144, sec. 1, effective July 1, 2024. -- Amended 2014 Ky. Acts ch. 87, sec. 2, effective July 15, 2014. -- Amended 2012 Ky. Acts ch. 151, sec. 4, effective July 12, 2012. -- Amended 2002 Ky. Acts ch. 283, sec. 3, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 21, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 8. -- Created 1972 Ky. Acts ch. 353, sec. 3.

KRS 31.035 Advisory boards for protection and advocacy division -- Appointment -- Number -- Terms -- Compensation

31.035. Advisory boards for protection and advocacy division -- Appointment -- Number -- Terms -- Compensation (1) There shall be advisory boards for the Protection and Advocacy Division of the Department of Public Advocacy as set forth in Public Laws 99-319 and 106-402 and their implementing regulations. Each shall be comprised of not more than seventeen (17) citizen members appointed for terms of not less than two (2) years by the Protection and Advocacy Division director. (2) The advisory boards shall meet at least quarterly and on other occasions as may be necessary upon the call of the Protection and Advocacy Division director. (3) The members of the advisory boards shall receive no compensation for their services, but shall be reimbursed for all expenses incurred through the performance of their duties as members of their respective advisory board. No member of any board shall be held to be a public officer by reason of his or her membership on the board. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 283, sec. 4, effective July 15, 2002. -- Created 1980 Ky. Acts ch. 295, sec. 9, effective July 15, 1980.

KRS 31.040 Repealed, 1974

31.040. Repealed, 1974 Catchline at repeal: District public defender - Creation and number. History: Repealed 1974 Ky. Acts ch. 358, sec. 13. -- Created 1972 Ky. Acts ch. 353, sec. 4.

KRS 31.045 Transfer of employees of the Louisville and Jefferson County Public Defender Corporation to the department -- Compensation -- Status -- Benefits -- Transfer of property and assets

31.045. Transfer of employees of the Louisville and Jefferson County Public Defender Corporation to the department -- Compensation -- Status -- Benefits -- Transfer of property and assets (1) (a) Effective July 1, 2024, employees of the Louisville and Je fferson County Public Defender Corporation shall be transferred to the Department of Public Advocacy within the Justice and Public Safety Cabinet. (b) On or before April 30, 2024, the Department of Public Advocacy shall notify each employee of the Louisville and Jefferson County Public Defender Corporation of the position comparable to their existing position, if one exists, or another position within the Department of Public Advocacy to which he or she may transfer on July 1, 2024. (c) No later than May 31, 2024, the Department of Public Advocacy shall submit to the Personnel Cabinet a list of all employees who will transfer from the Louisville and Jefferson County Public Defender Corporation to the department along with records of each employee's job class ification, compensation, dates of employment, dates of professional licensure, probationary status, accumulated leave balances by category, months of service, and any other information necessary under KRS Chapter 18A. (d) The Personnel Cabinet shall assist the Department of Public Advocacy in implementing this section. (2) An employee transferred pursuant to subsection (1) of this section shall: (a) Be compensated by the Department of Public Advocacy at a salary no less than his or her salary in effect with the Louisville and Jefferson County Public Defender Corporation as of April 30, 2024, except an employee who is scheduled to complete employment probation as provided under subsection (3) of this section between May 1, 2024, and July 1, 2024, shall be compensated at a salary no less than his or her salary after completion of probation; and (b) 1. Retain his or her leave time balances accumulated as of the employee's last date of employment with the Louisville and Jefferson County Public Defender Corporation. 2. For any accumulated leave in a category that is different from a type of leave available to state employees under KRS Chapter 18A, the Personnel Cabinet shall determine which type of leave to convert the transferred leave. 3. When computing months of servi ce for the purpose of determining leave time accumulation for an employee transferred under subsection (1) of this section, the employee's service begins on the earlier of the date of initial employment with the Louisville and Jefferson County Public Defender Corporation or the date of employment with a state agency. (3) Notwithstanding KRS 18A.111, employees transferred pursuant to subsection (1) of this section: (a) Who are appointed to classified positions within the Department of Public Advocacy and who are not on employment probation with the Louisville and Jefferson County Public Defender Corporation as of the date of transfer to the Department of Public Advocacy shall be appointed with status as defined in KRS 18A.005 without an initial probationary period; and (b) Who are appointed to classified positions within the Department of Public Advocacy and who are on employment probation with the Louisville and Jefferson County Public Defender Corporation as of the date of transfer to the Department of Public Advocacy shall be subject to an initial probationary period which shall terminate on the date probation was originally scheduled to terminate with the Louisville and Jefferson County Public Defender Corporation or six (6) months after the date of transfer to the Department of Public Advocacy, whichever is earlier. The Department of Public Advocacy shall include the probationary status and scheduled probation termination of each employee in its list of employees submitted to the Personnel Cabinet pursuant to subsection (1) of this section. (4) Employees transferred pursuant to subsection (1) of this section shall be eligible to participate in the state-sponsored life and health insurance benefit programs administered by the Personnel Cabinet under KRS Chapter 18A. Employees shall be eligible for coverage under the life and health insurance programs effective July 1, 2024, and shall not be subject to any waiting period that may be otherwise applicable to participation in these programs. (5) (a) Employees transferred pursuant to subsection (1) of this section shall participate in the Kentucky Employees Retirement System as nonhazardous members pursuant to KRS 61.510 to 61.705. (b) For purposes of KRS 61.510 to 61.705, the membership date of an employee transferred pursuant to subsection (1) of this section shall be the earlier of: 1. The date upon which the employee began participating in the Kentucky Employees Retirement System, State Police Retirement System, County Employees Retirement System, or other state-administered retirement system; or 2. The date the employee began employment with the Louisville and Jefferson County Public Defender Corporation. (6) Notwithstanding KRS Chapter 45, 45A, 56, 65, 67, 67C, or 273, or any other provision of law to the contrary: (a) Any lease in the name of the Louisville and Jefferson County Public Defender Corporation in effect on June 30, 2024, relating to real property, equipment, goods, or other property, and any contract to which the Louisville and Jefferson County Public Defender Corporation is a party in effect on June 30, 2024, shall be transferred to the Department of Public Advocacy effective July 1, 2024, to the extent such leases or contracts are transferable or assignable; (b) A lease or contract transferred to and assumed by the Department of Public Advocacy under paragraph (a) of this subsection shall remain in place until its date of expiration or termination, whichever occurs first; and (c) Any equipment, goods, or other property owned in the name of the Louisville and Jefferson County Public Defender Corporation may be transferred to the Department of Public Advocacy, and any such equipment, goods, or property so transferred by the Louisville and Jefferson County Public Defender Corporation shall be assumed and retained by the Department of Public Advocacy for use in Jefferson County and shall not be subject to transfer to other divisions or departments within the Justice and Public Safety Cabinet or cabinets within the executive branch of state government without the approval of the public advocate. (7) The transfer of personnel and any assets from Louisville and Jefferson County Public Defender Corporation to the Department of Public Advocacy pursuant to this section shall not create a parent and subsidiary relationship, agency relationship, or any relationship under a respondeat superior theory or any other similar theory, either before or after the effective date of the transfer. The Department of Public Advocacy shall not be liable for any damages, losses, or injuries as the result of an act, omission, or negligence by the Louisville and Jefferson County Public Defender Corporation, its board of directors, officers, employees, agents, contractors, or any other person carrying out the mission of the Louisville and Jefferson County Public Defender Corporation. Claims made against the Louisville and Jefferson County Public Defender Corporation shall not be the responsibility of the Department of Public Advocacy, the insurer of any insurance policy maintained by the Department of Public Advocacy, or the Office of Claims and Appeals. Effective: April 9, 2024 History: Created 2024 Ky. Acts ch. 143, sec. 1, effective April 9, 2024. Legislative Research Commission Note (4/9/2024). 2024 Ky. Acts ch. 143, sec. 5, reads as follows: "This Act [which created this statute] shall apply retroactively to an employee of the Louisville and Jefferson County Public Defender Corporation who was a member of its staff on September 30, 2023, and is subsequently appointed to a leadership or supervisory position within the Department of Public Advocacy between October 1, 2023, and July 1, 2024."

KRS 31.050 Repealed, 2024

31.050. Repealed, 2024 Catchline at repeal: Public advocacy plans -- Review and approval or denial by public advocate -- Funding by department and governmental unit -- Recordkeeping -- Annual report. History: Repealed 2023 Ky. Acts ch. 144, sec. 6, effective July 1, 2024. -- Amended 2002 Ky. Acts ch. 283, sec. 5, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 22, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 2. -- Amended 1974 Ky. Acts ch. 358, sec. 2. -- Created 1972 Ky. Acts ch. 353, sec. 5.

KRS 31.051 Repealed, 2002

31.051. Repealed, 2002 Catchline at repeal: Moneys from indigent defendants credited to fund of county where trial held -- Use -- Administrative fee assessed on persons for whom counsel is provided. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002; amended 2002 Ky. Acts ch. 183, sec. 8, effective August 1, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 395, sec. 1, effective July 15, 1994. -- Created 1978 Ky. Acts ch. 309, sec. 2, effective July 1, 1978. Legislative Research Commission Note (7/15/2002). Under KRS 446.260, the repeal of this section in 2002 Ky. Acts ch. 283 prevails over its amendment in 2002 Ky. Acts ch. 183.

KRS 31.060 Repealed, 2024

31.060. Repealed, 2024 Catchline at repeal: Local office in jurisdiction with ten or more Circuit Judges required -- Funding by governmental unit required in amount set by department. History: Repealed 2023 Ky. Acts ch. 144, sec. 6, effective July 1, 2024. -- Amended 2012 Ky. Acts ch. 151, sec. 5, ef fective July 12, 2012. -- Amended 2002 Ky. Acts ch. 283, sec. 6, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 23, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 358, sec. 3. -- Created 1972 Ky. Acts ch. 353, sec. 6.

KRS 31.065 Repealed, 2024

31.065. Repealed, 2024 Catchline at repeal: Local office in county with less than ten Circuit Judges discretionary -- Methods of delivering services -- Requirements if county elects -- Department's responsibility if county does not elect. History: Repealed 2023 Ky. Acts ch. 144, sec. 6, effective July 1, 2024. -- Amended 2002 Ky. Acts ch. 283, sec. 7, effective July 15, 2002. -- Amended 1982 Ky. Acts ch. 377, sec. 3, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 24. - - Created 1974 Ky. Acts ch. 358, sec. 8.

KRS 31.071 Repealed, 2024

31.071. Repealed, 2024 Catchline at repeal: Requirement if county elects local office -- Failure to provide attorney -- Responsibility for payment. History: Repealed 2023 Ky. Acts ch. 144, sec. 6, effective July 1, 2024. -- Repealed, reenacted, renumbered, and amended 2002 Ky. Acts ch. 283, sec. 8, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 4, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 188, sec. 12, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 155, sec. 34, effective June 17, 1978; and ch. 309, sec. 1, effective July 1, 1979. -- Amended 1974 Ky. Acts ch. 358, sec. 9. -- Created 1972 Ky. Acts ch. 353, sec. 17. Formerly codified as KRS 31.170.

KRS 31.080 Repealed, 2002

31.080. Repealed, 2002 Catchline at repeal: Public advocate -- Solicitation of funds for programs. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 26, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 353, sec. 8.

KRS 31.085 Repealed, 2024

31.085. Repealed, 2024 Catchline at repeal: Plans must comply with department's rules and regulations. History: Repealed 2023 Ky. Acts ch. 144, sec. 6, effective July 1, 2024. -- Repealed, reenacted, renumbered, and amended 2002 Ky. Acts ch. 283, sec. 9, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 33, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 358, sec. 7. Formerly codified as KRS 31.165.

KRS 31.090 Repealed, 2002

31.090. Repealed, 2002 Catchline at repeal: Funding deficiencies. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1976 Ky. Acts ch. 177, sec. 4. -- Amended 1974 Ky. Acts ch. 358, sec. 4. -- Created 1972 Ky. Acts ch. 353, sec. 9.

KRS 31.100 Definitions

31.100. Definitions The following terms and standards shall apply, subject to further definition and regulation by the Department of Public Advocacy: (1) "Defending attorney" means any attorney who is representing a needy or indigent person; (2) "Department" means the Department of Public Advocacy; (3) "Detain" means to have in custody or otherwise deprive of freedom of action; (4) "Expenses," when used with reference to representation under this chapter, includes the expenses of investigation, other preparation, and trial, together with the expenses of any appeal; (5) "Needy person" or "indigent person" means: (a) A person eighteen (18) years of age or older or an emancipated minor under the age of eighteen (18) who, at the time his or her need is determined, is unable to provide for the payment of an attorney and all other necessary expenses of representation; (b) A minor, under the age of eighteen (18), who is a party defendant in an action of being an habitual runaway from his or her parent or person exercising control or supervision of the child brought under KRS 630.020(1) or of being beyond the control of parents brought under KRS 630.020(2), and at the time his or her need is determined is unable to provide for the payment of an attorney and all other necessary expenses of representation; (c) An unemancipated minor, under the age of eighteen (18), who allegedly has committed an offense as described in KRS 610.010(1), or who allegedly is beyond the control of the school as described in KRS 610.010(2)(a), or who allegedly is an habitual truant from school as described in KRS 610.010(2)(b), or who allegedly is an habitual runaway as described in KRS 610.010(2)(c), whose custodial parent or guardian at the time the need of the minor is determined is unable to provide for the payment of an attorney and all other necessary expenses of representation, and who cannot personally so provide; or (d) An unemancipated minor, under the age of eighteen (18), alleged to have committed an offense as described in KRS 610.010(1) or (2)(a), (b), or (c), whose custodial parent or guardian at the time the need of the minor is determined has interests adverse to the child relevant to the charged offenses and who is able to provide for the payment of an attorney and all other necessary expenses of representation, when such representation is not provided or is not consented to by the unemancipated minor; (6) "Non-lawyer assistants" shall: (a) Have the same meaning contemplated by SCR 3.130(5.3) "Responsibilities regarding non-lawyer assistants"; and (b) Be subject to the Rules of Professional Conduct and the Rules of Evidence as they relate to client confidentiality, attorney-client communications, and attorney-client privilege. All non-lawyer assistants hired by the department who are independently licensed or certified shall practice under the attorney-client privilege, irrespective of other obligations or duties arising with their independent licenses or certifications. Nothing in this subsection shall authorize the disclosure of confidential information to non-lawyer assistants within the department who are not performing duties at the direction of an attorney; (7) "Plan" means an agreement between the Department of Public Advocacy and attorneys for the representation of indigent persons who are entitled to representation under this chapter and who, by reason of conflict or otherwise, cannot be represented by the department; and (8) "Serious crime" includes: (a) A felony; (b) A misdemeanor or offense any penalty for which includes the possibility of confinement; (c) Any legal action which could result in the detainment of a defendant; and (d) An act that, but for the age of the person involved, would otherwise be a serious crime. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 87, sec. 1, effective July 15, 2014. -- Amended 2008 Ky. Acts ch. 87, sec. 14, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 283, sec. 10, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 104, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 27, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 5. -- Amended 1974 Ky. Acts ch. 358, sec. 5. -- Created 1972 Ky. Acts ch. 353, sec. 10.

KRS 31.110 Persons entitled to department representation and services -- Extent of representation and services -- Rights of representation for persons subject to proceedings under KRS Chapter 202C

31.110. Persons entitled to department representation and services -- Extent of representation and services -- Rights of representation for persons subject to proceedings under KRS Chapter 202C (1) A needy person who is being detained by a law enforc ement officer, on suspicion of having committed, or who is under formal charge of having committed, or is being detained under a conviction of, a serious crime, or who is accused of having committed a public or status offense or who has been committed to t he Department of Juvenile Justice or Cabinet for Health and Family Services for having committed a public or status offense as those are defined by KRS 610.010(1), 610.010(2)(a), (b), (c), or 630.020(2) is entitled: (a) To be represented by an attorney to the same extent as a person having his or her own counsel is so entitled; and (b) Except as provided in subsection (2)(c) of this section, to be provided with the necessary services and facilities of representation, including investigation and other preparation. The courts in which the defendant is tried shall waive all costs. (2) A needy person who is entitled to be represented by an attorney under subsection (1) of this section is entitled to be: (a) Counseled and defended at all stages of the matter begi nning with the earliest time when a person providing his or her own counsel would be entitled to be represented by an attorney, including revocation of probation or parole; (b) Represented in any appeal; and (c) Represented in any other post-conviction, or, if a minor under the age of eighteen (18), post-disposition proceeding, including any appeal from a post - conviction or post-disposition action. However, if the department and the court of competent jurisdiction determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense, there shall be no further right to be represented by counsel under this chapter. In cases involving a minor under the age of eighteen (18), prior to making a determination on whether or not a post -disposition action is a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense, an attorney with the department shall be granted access to the court file of the minor: 1. Without the requirement of a formal court order in which the attorney has provided a release signed by the minor or the minor's legal guardian authorizing the use of the records; and 2. Notwithstanding any other statute prohibiting the disclosure of a juvenile court file. (3) A needy person's right to a benefit under subsection (1) or (2) of this section is not affected by his or her having provided a similar benefit at his or her own exp ense, or by he or she having waived it, at an earlier stage. (4) A person, whether a needy person or not, who is a minor under the age of eighteen (18) and who is in the custody of the Department of Juvenile Justice and is residing in a residential treatment center or detention center is entitled to be represented on a legal claim related to his or her confinement involving violations of federal or state statutory rights or constitutional rights. Prior to representation, an attorney with the department shall be granted access to the court file of the minor and residential treatment center or detention center records pertaining to the juvenile: (a) Without entering an appearance as an attorney of record; and (b) Notwithstanding any other statute prohibiting the disclosure of a juvenile's record, including KRS 15A.0651, 610.320, 610.340, or 610.345. (5) A person, whether a needy person or not, who is subject to a proceeding under KRS Chapter 202C and is unrepresented at any time shall be entitled to the same rights of representation as a needy person under subsection (1) of this section. (6) The department shall provide representation under this section to a person who is accused of being in contempt of court for noncompliance with a court-ordered obligation only when the obligation arises out of: (a) A criminal prosecution or conviction; or (b) An action or adjudication for a public or status offense. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 4, effective July 15, 2026. -- Amended 2021 Ky. Acts ch. 175, sec. 23, effective April 1, 2021. -- Amended 2014 Ky. Acts ch. 87, sec. 3, effective July 15, 2014. -- Amended 2008 Ky. Acts ch. 87, sec. 15, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 101, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 283, sec. 11, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 353, sec. 11.

KRS 31.112 Representation by department prohibited except as authorized in KRS 31.110

31.112. Representation by department prohibited except as authorized in KRS 31.110 The Department of Public Advocacy shall not provide or be compelled to provide legal representation except as authorized in KRS 31.110. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 136, sec. 5, effective July 15, 2026.

KRS 31.120 Determination of whether person needy -- Factors for determination -- Affidavit of indigency

31.120. Determination of whether person needy -- Factors for determination -- Affidavit of indigency (1) (a) The determination of whether a person covered by KRS 31.110 is a needy person shall be deferred no later than his or her first appearance in cour t or in a suit for payment or reimbursement under KRS 31.211, whichever occurs earlier. (b) The court of competent jurisdiction in which the case is pending shall then determine, with respect to each step in the proceedings, whether he or she is a needy person. However, nothing shall prevent appointment of counsel at the earliest necessary proceeding at which the person is entitled to counsel, upon declaration by the person that he or she is needy under the terms of this chapter. In that event, the person involved shall be required to make reimbursement for the representation if he or she later is determined not a needy person under the terms of this chapter. (c) A person who, after conviction, is sentenced while being represented by a public defender shall continue to be presumed a needy person, and the court, at the time of sentencing, shall enter an Order In Forma Pauperis for purposes of appeal without having to show further proof of continued indigency, unless the court finds good cause after a hearing t o determine that the defendant should not continue to be considered an indigent person. (2) In determining whether a person is a needy person and in determining the extent of his or her and, in the case of an unemancipated minor under KRS 31.100(5)(c), his or her custodial parents' or guardians' inability to pay, the court concerned shall consider such factors as: (a) Income; (b) Source of income; (c) Property owned; (d) Number of motor vehicles owned and in working condition; (e) Other assets; (f) Outstanding obligations; (g) The number and ages of his or her dependents; (h) The poverty level income guidelines compiled and published by the United States Department of Labor; (i) Complexity of the case; (j) Amount a private attorney charges for simila r services; (k) Amount of time an attorney would reasonably spend on the case; and (l) Payment of money bail, other than a property bond of another, whether deposited by the person or another, to secure the person's release from confinement on the present charge of which he or she stands accused or convicted; and (m) Any other circumstances presented to the court relevant to financial status. Release on bail, or any other method of release provided in KRS Chapter 431, shall not necessarily prevent him or her from being a needy person. In each case, the person and, if an unemancipated minor under KRS 31.100(5)(c) and (d), his or her custodial parent or guardian, subject to the penalties for perjury, shall certify by affidavit of indigency which shall be compiled by the pretrial release officer, as provided under KRS Chapter 431 and Supreme Court Rules or orders promulgated pursuant thereto, the material factors relating to his or her ability to pay in the form the Supreme Court prescribes. (3) The affidavit of indigency, to be subscribed and sworn to by the person and, in the case of an unemancipated minor under KRS 31.100(5)(c), by his or her custodial parent or guardian, shall be as set out herein and contain, at a minimum, the following information: "Commonwealth of Kentucky County of................ Affiant........................., being first duly sworn says that he or she is not now represented by private counsel and that he or she does not have the money or assets out of which to employ one; that he or she is indigent and requests the court to appoint counsel. Affiant states that he or she is presently (fill in the blank with one (1) of the following: unemployed, employed full-time, employed part-time, or employed on a seasonal basis).............. Affiant states that his or her weekly income is ....................; and that he or she receives (circle any of the following which apply and fill in the blank if necessary) Welfare Food stamps Social Security Workers' compensation Unemployment Retirement disability Other........................ Affiant states that he or she owns the following property: Description Value ......................... ......................... ......................... ......................... ......................... .........................; Affiant states that he or she has the following dependents: Name Age Relationship ......................... ......... ......................... ......................... ......... ......................... ......................... ......... .........................; Affiant states that he or she has the following obligations: To whom owed Amount owing ......................... ......................... ......................... ......................... ......................... ......................... .......................................................... Affiant understands and has been advised that he or she may be held responsible for the payment of part of the cost of legal representation. Affiant also understands that the cost of payment for legal representation will be determined by the judge after considering affiant's financial condition, what private attorneys charge for similar services, how complicated the affiant's case is, and the amount of time affiant's attorney spends on affiant's case. Signature of affiant Subscribed and sworn to before me this ........ , day of ..........................., 20..... .......................................................... Signature and title of officer administering the oath Perjury Warning: Affiant understands that any person knowingly making false statements in the above affidavit shall be subject to the penalties for perjury under KRS Chapter 523, the maximum penalty for which is five (5) years' imprisonment. Affiant declares under penalty of perjury that he or she has read the above affidavit and that it is true and complete to the best of his or her knowledge." Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 87, sec. 4, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 283, sec. 12, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 3, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 395, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 241, sec. 2, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 104, sec. 2, effective July 15, 1986. -- Amended 1980 Ky. Acts ch. 188. sec. 11, effective July 15, 1980; and ch. 334, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 155, sec. 29, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess,) Ky. Acts ch. 24, sec. 3. -- Amended 1976 Ky. Acts ch. 258, sec. 1. -- Created 1972 Ky. Acts ch. 353, sec. 12.

KRS 31.125 Determination of indigency of child's custodian -- Payment for defense of child -- Exceptions

31.125. Determination of indigency of child's custodian -- Payment for defense of child -- Exceptions (1) If court-appointed counsel has been provided to a juvenile in any proceeding, the court appointing the counsel shall: (a) Ascertain who has legal custody of the child; and (b) Ascertain whether the person who has legal custody of the child is indigent and would be entitled to representation pursuant to this chapter if the person having custody of the child were a criminal defendant. (2) (a) If it is determined that the child has two (2) living parents or two (2) living guardians, the determination made pursuant to paragraph (b) of subsection (1) of this section shall be made with regard to both parents or both guardians to the extent practical. (b) If it is determined that both parents or both guardians of a child before the court would not qualify for public defense services as an indigent pursuant to this chapter, then both parents or both guardians shall be ordered to pay for the defense of the child if it is practical to bring both parents or guardians before the court. (c) If it is determined that one (1) parent or guardian of a child before the court would not qualify for public defense services as an indigent pursuant to this chapter, then that parent or guardian shall be ordered to pay for the defense of the child if it is possible to bring the parent or guardian before the court. (3) Absent a showing of indigency: (a) The fact that a child's parents are divorced may relieve a noncustodial parent of the obligation to pay for defense of the child. (b) The fact that a child is in the custody of a public agency shall relieve a parent from paying for the child's defense. (4) The provisions of this section shall not apply if the parent or guardian was the victim of the juvenile's alleged criminal act, or if the parent or guardian is the complainant in the delinquency proceeding. (5) Subsections (1) to (3) of this section shall not apply to public representation of a child from the time he would first be entitled to counsel, if an adult, until a determination of indigency is made as provided in this section. Effective: July 15, 1997 History: Created 1996 Ky. Acts ch. 358, sec. 5, effective July 15, 1997. Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. 67(1), this statute becomes effective July 15, 1997.

KRS 31.130 Repealed, 2002

31.130. Repealed, 2002 Catchline at repeal: Assignment of substitute attorney. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 30, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 353, sec. 13.

KRS 31.140 Waiver of right to counsel

31.140. Waiver of right to counsel A person who has been appropriately informed under KRS 31.120 may waive in writing, or by other record, any right provided by this chapter, if the court concerned, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education, and familiarity with English, and the complexity of the crime involved. History: Created 1972 Ky. Acts ch. 353, sec. 14.

KRS 31.150 Repealed, 2002

31.150. Repealed, 2002 Catchline at repeal: Recovery of money wrongfully received. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 104, sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 31, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 4. -- Amended 1976 Ky. Acts ch. 177, sec. 6. -- Amended 1974 Ky. Acts ch. 358, sec. 6. -- Created 1972 Ky. Acts ch. 353, sec. 15.

KRS 31.160 Repealed, 2002

31.160. Repealed, 2002 Catchline at repeal: Provisions for joint representation by counties, cities and districts. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1982 Ky. Acts ch. 377. sec. 4, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 155, sec. 32, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 353, sec. 16.

KRS 31.180 Repealed, 2002

31.180. Repealed, 2002 Catchline at repeal: Facilities and services available to public advocates. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 35, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 358, sec. 10. -- Created 1972 Ky. Acts ch. 353, sec. 18.

KRS 31.185 Facilities available to department -- Ex parte request for funds for representation -- Funding responsibility -- Finance and Administration special account and payment

31.185. Facilities available to department -- Ex parte request for funds for representation -- Funding responsibility -- Finance and Administration special account and payment (1) Any defending attorney operating under the provisions of this chapter is entitled to use the same state facilities for the evaluation of evidence as are available to the attorney representing the Commonwealth. If he or she considers their use impractical, the court of competent jurisdiction in which the case is pending may authorize the use of private facilities to be paid for on court order from the special account of the Finance and Administration Cabinet. (2) The defending attorney may request to be heard ex parte and on the record with regard to using private facilities under subsection (1) of this section. If the defending attorney so requests, the court shall conduct the hearing ex parte and on the record. (3) Any direct expense, including the cost of a transcript or bystander's bill of exceptions or other substitute for a transcript that is necessarily incurred in representing a needy person under this chapter, are charges against the county, urban-county government, charter county government, unified local government, or consolidated local government on behalf of which the service is performed and shall be paid from the special account established in subsection (4) of this section and in accordance with procedures provided in subsection (5) of this section. However, a charge under this subsection shall not exceed the established rate charged by the Commonwealth and its agencies. (4) The consolidated local government, charter county government, unified local government, fiscal court of each county, or legislative body of an urban-county government shall annually appropriate twelve and a half cents ($0.125) per capita of the population of the county, as determined by the Council of Local Governments' most recent population statistics, to a special account to be administered by the Finance and Administration Cabinet to pay court orders entered against counties pursuant to subsection (1) or (3) of this section. The funds in this account shall not lapse and shall remain in the special account. (5) The Finance and Administration Cabinet shall pay all court orders entered pursuant to subsection (1) or (3) of this section from the special account until the funds in the account are depleted. If in any given year the special account, including any funds from prior years, is depleted and court orders entered against counties pursuant to subsection (1) or (3) of this section for that year or any prior year remain unpaid, the Finance and Administration Cabinet shall pay those orders from the Treasury in the same manner in which judgments against the Commonwealth and its agencies are paid. (6) Expenses incurred in the representation of needy persons confined in a state correctional institution shall be paid from the special account established in subsection (4) of this section and in accordance with the procedures provided in subsection (5) of this section. (7) Only court orders entered after July 15, 1994, shall be payable from the special account administered by the Finance and Administration Cabinet or from the Treasury as provided in subsections (4) and (5) of this section. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 87, sec. 5, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 283, sec. 13, effective July 15, 2002; and ch. 346, sec. 8, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 5, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 395, sec. 4, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 358, sec. 11.

KRS 31.190 Repealed, 2002

31.190. Repealed, 2002 Catchline at repeal: Appropriation of money by fiscal court and cities. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 353, sec. 19.

KRS 31.200 Repealed, 2002

31.200. Repealed, 2002 Catchline at repeal: Expenses chargeable to county and to public advocate. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 6, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 395, sec. 5, effective July 15, 1994. -- Amended 1978 Ky. Acts ch. 155, sec. 36, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 7. -- Amended 1974 Ky. Acts ch. 358, sec. 12. -- Created 1972 Ky. Acts ch. 353, sec. 20.

KRS 31.210 Repealed, 2002

31.210. Repealed, 2002 Catchline at repeal: Annual reports -- Records. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 37, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 8. -- Created 1972 Ky. Acts ch. 353, sec. 21.

KRS 31.211 Determination of ability to pay partial fee for representation and services at arraignment -- Collection of unpaid partial fee by civil judgment -- Funds placed in special trust and agency account

31.211. Determination of ability to pay partial fee for representation and services at arraignment -- Collection of unpaid partial fee by civil judgment -- Funds placed in special trust and agency account (1) At arraignment, the court shall conduct a nonadversarial hearing to determine whether a person who has requested a public defender is able to pay a partial fee for legal representation, the other necessary services and facilities of representation, and court costs. The court shall order payment in an amount determined by the court and may order that the payment be made in a lump sum or by installment payments to recover money for representation provided under this chapter. This partial fee determination shall be made at each stage of the p roceedings. (2) If the partial fee, or any portion thereof, is not paid by the due date, the court's order shall be considered a civil judgment subject to collection under Civil Rule 69.03 and KRS Chapter 426. (3) All moneys collected by the public advocat e from indigent defendants pursuant to subsection (1) of this section shall be credited to the Department of Public Advocacy special trust and agency account to be used to support the state public advocacy system. (4) If a person receives legal assistance or other benefit under this chapter to which he or she is not entitled or if a person receives legal assistance under this chapter and is financially able to pay for representation on the date the suit is brought, the public advocate, on behalf of the Commonwealth, shall recover, where practical, payment or reimbursement, as the case may be, from the person who received the legal assistance or from his or her estate. Any suit seeking recovery under this subsection shall be brought within five (5) years afte r the date on which the aid was received. (5) Attorneys providing representation under this chapter shall forward all information that indicates that payment or reimbursement may be obtained pursuant to subsection (4) of this section to the public advocate . (6) The duty of recovery contemplated by subsection (4) of this section shall extend against persons who were the custodial parents or guardians of unemancipated minors at the time these minors were deemed needy as defined in KRS 31.100(5)(c) or (d). (7) All moneys collected under this section shall be placed in a special trust and agency account for the Department of Public Advocacy, and, notwithstanding KRS 45.229, the funds shall not lapse. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 6, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 144, sec. 2, effective July 1, 2024. -- Amended 2014 Ky. Acts ch. 87, sec. 8, effective July 15, 2014. -- Created 2002 Ky. Acts ch. 283, sec. 14, effective July 15, 2002.

KRS 31.215 Acceptance of fees by public advocacy attorneys prohibited -- Exceptions -- Penalty

31.215. Acceptance of fees by public advocacy attorneys prohibited -- Exceptions -- Penalty (1) (a) Except for attorneys appointed pursuant to KRS 31.120, 620.100, 625.041, and 625.080, an attorney providing representation under this chapter shall not accept any fees from any source other than the Department of Public Advocacy for the representation of any needy person in any case or matter assigned to the attorney, or in any matter directly related to a case or matter assigned to the attorney. (b) The compensation for representation of a needy person under this chapter shall be limited to that which is provided by the department. (c) This subsection shall not prohibit an attorney who is not employed by the department from accepting fees for th e representation of any person in any case or matter unrelated to any case or matter that he or she has been assigned under this chapter. (d) As used in this subsection, "fees" shall include cash, property, or other pecuniary benefits of any kind. (2) This section shall not apply to unsolicited gifts of de minimis value that are given by or on behalf of a needy person to any attorney after the conclusion of a case or matter as a token of appreciation for the work of the attorney. (3) Any attorney who violates this section shall be guilty of a Class D felony. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 7, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 144, sec. 3, effective July 1, 2024. -- Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 15, effective July 15, 2002. -- Amended 1992 Ky. Acts ch. 241, sec. 3, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 155, sec. 39, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 2. Formerly codified as KRS 31.250.

KRS 31.219 Appeal by public advocacy attorney

31.219. Appeal by public advocacy attorney (1) It shall be the duty of the attorney providing representation under this chapter to file a notice of appeal after a proceeding from which an appeal is authorized if his or her client requests an appeal. (2) After the trial attorney providing representation under this chapter has filed a notice of appeal as required by the Rules of Criminal Procedure, he or she shall forward to the Appeals Branch of the Department of Public Advocacy a copy of the final judgment, the notice of appeal, a statement of any errors committed in the trial of the case which should be raised on appeal, and a designation of that part of the record that is essential to the appeal. (3) Any attorney providing representation under this chapter on an appeal and who, after a conscientious examination of the appeal believes the appeal to be wholly frivolous after careful examinations of the record, may request the court to which the appeal has been taken for permission to withdraw from the case. The attorney shall file with that request a brief which sets forth any arguments which might possibly be raised on appeal. A copy of the request for permission to withdraw and the brief shall be served upon the client in sufficient time so that the client may raise any argument he or she chooses to raise. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 8, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 144, sec. 4, effective July 1, 2024. -- Amended 2014 Ky. Acts ch. 87, sec. 6, effective July 15, 2014. -- Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 16, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 28, effective June 17, 1978. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 1. Formerly codified as KRS 31.115.

KRS 31.220 When chapter applies to United States courts

31.220. When chapter applies to United States courts This chapter applies only to representation in the courts of this state, except that it does not prohibit a defending attorney from representing a needy person in a federal court of the United States, if: (1) The matter involves a challenge to the validity, timing, or method of implementation of a judgment of a Kentucky state court in a criminal case; (2) The matter relates to the fact, duration, or conditions of confinement for a juvenile offender represented under KRS 31.100(5); or (3) Representation is under a plan of the United States District Court as required by the Criminal Justice Act of 1964. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 87, sec. 7, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 283, sec. 17, effective July 15, 2002. -- Amended 1976 Ky. Acts ch. 177, sec. 9. -- Created 1972 Ky. Acts ch. 353, sec. 22.

KRS 31.235 Payment for representation upon failure of department to provide attorney -- Decision of public advocate final

31.235. Payment for representation upon failure of department to provide attorney -- Decision of public advocate final If a court, after finding that the Department of Public Advocacy fails to provide an attorney to a person eligible for represen tation under KRS Chapter 31, appoints, under the court's inherent authority, an attorney to provide representation to the needy person, the public advocate is hereby authorized to pay reasonable and necessary fees and expenses subject to the following limitations: (1) No fee shall be paid in excess of the prevailing maximum fee per attorney paid by the Department of Public Advocacy for the type of representation provided, and no hourly rate shall be paid in excess of the prevailing hourly rate paid by the Department of Public Advocacy for the type of representation provided; and (2) Each fee plus expenses incurred in the defense shall be presented by the defense attorney to the Circuit Judge who shall review the fee and expenses request and shall approve, deny, or modify the amount of compensation and fee listed therein. After final approval of the fee and expenses the Circuit Judge shall, if state compensation is desired, certify the amount and transmit the document to the public advocate who shall review the fee and expense request and shall approve, deny, or modify the request. The request as approved or modified shall then be paid. Requests for payment of assigned counsel by the state shall be denied if the public advocate finds that compensation is not warranted. The decision of the public advocate in all matters of fee and expense compensation shall be final. Effective: July 1, 2024 History: Amended 2023 Ky. Acts ch. 144, sec. 5, effective July 1, 2024. -- Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 18, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 2, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 155, sec. 25, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 3. -- Created 1972 Ky. Acts ch. 353, sec. 7. Formerly codified as KRS 31.070.

KRS 31.240 Repealed, 2002

31.240. Repealed, 2002 Catchline at repeal: Compensation by counties of public advocates -- State contributions. History: Repealed 2002 Ky. Acts ch. 283, sec. 20, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 7, effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 111, sec. 171, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 155, sec. 38, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 353, sec. 24.

KRS 31.241 Protections -- Sanctions

31.241. Protections -- Sanctions The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides. Effective: July 15, 2002 History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 19, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 353, sec. 23. Formerly codified as KRS 31.230.

KRS 31.252 Order for pretrial release for assessment -- Release plan -- Treatment options

31.252. Order for pretrial release for assessment -- Release plan -- Treatment options (1) As used in this section: (a) "Alternative sentencing worker" means an employee of the department who develops an alternative sentencing plan in lieu of incarce ration for individuals who suffer from substance use disorder; (b) "Qualified treatment program" has the same meaning as in KRS 222.427; and (c) "Treatment program" has the same meaning as in KRS 222.427. (2) Upon a motion by the defendant or upon the court’s own motion with the defendant’s consent, the court may issue an order for pretrial release pending an assessment for a mental health or substance use disorder. The prosecutor shall be given an opportunity to object to the issuance of the order or to re commend specific conditions for the release. (3) Upon entry of the order, the defendant, the department, or the defendant's retained counsel shall ensure that a needs assessment is conducted within forty -eight (48) hours, or as soon thereafter as practicab le, by an alternative sentencing worker, or, upon consent and request of counsel, a qualified health professional as defined in KRS 222.005. (4) (a) After the assessment, a release plan shall be developed and submitted to the court and Commonwealth's or county attorney as soon as practicable. (b) A treatment plan developed by a qualified health professional who is employed by a treatment program other than a community mental health center shall not include in the treatment plan, services that are to be prov ided exclusively by the qualified health professional's employing treatment program. (5) The court may approve the plan without a hearing or schedule a hearing. (6) The court may order as a condition of release completion of the treatment plan. The defendant shall execute a valid release permitting a facility or service provider to report to the court if the defendant ceases to participate in a service that has been ordered. (7) In recommending services in alternative sentencing plans, the department or defense counsel shall consider all appropriate and competent facilities as enumerated on the qualified treatment program list maintained by the cabinet pursuant to KRS 222.427 and treatment programs and shall not discriminate against any facility or program based on religious content in a program, except that the department or defense counsel may recommend facilities or programs that are consistent with a client’s personal religious beliefs or nonbelief. The department or defense counsel shall not knowingly recommend treatment or services that are inconsistent with or violate a client’s personal religious beliefs or nonbelief without the consent of the client. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 68, sec. 5, effective July 15, 2024.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37178Fetched: 10/20/2026

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