Title IV, Judicial Branch
22 chapters · 314 sections in this title.
KRS § 31.010 Department of Public Advocacy -- Establishment -- Functions -- Independent agency
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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 Department of Public Advocacy, in order to provide for the establishment, maintenance, and operation of…
KRS § 31.015 Public Advocacy Commission -- Appointment -- Members -- Terms -- Compensation -- Duties
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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 provi…
KRS § 31.020 Public advocate -- Qualifications -- Selection -- Term -- Salary -- Staff
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(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) Th…
KRS § 31.030 Authority and duties of department -- Annual report
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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 chapter or by any other appropriate legislation or court decision; (2) Developing policies and procedures for…
KRS § 31.035 Advisory boards for protection and advocacy division -- Appointment -- Number -- Terms -- Compensation
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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 …
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
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Defender Corporation to the department -- Compensation -- Status -- Benefits -- Transfer of property and assets. (1) (a) Effective July 1, 2024, employees of the Louisville and Jefferson County Public Defender Corporation shall be transferred to the Department of Public Advocacy …
KRS § 31.100 Definitions
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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; …
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
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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 enforcement officer, on suspicion of having committed, or who is under formal charge of having committed, or is bei…
KRS § 31.112 Representation by department prohibited except as authorized in KRS 31.110
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31.110. The Department of Public Advocacy shall not provide or be compelled to provide legal representation except as authorized in KRS 31.110.
KRS § 31.120 Determination of whether person needy -- Factors for determination -- Affidavit of indigency
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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 court or in a suit for payment or reimbursement under KRS 31.211, whichever occurs earlier. (b) The court o…
KRS § 31.125 Determination of indigency of child's custodian -- Payment for defense of child -- Exceptions
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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…
KRS § 31.140 Waiver of right to counsel
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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 conse…
KRS § 31.185 Facilities available to department -- Ex parte request for funds for representation -- Funding responsibility -- Finance and Administration special account and payment
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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 attorn…
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
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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 f…
KRS § 31.215 Acceptance of fees by public advocacy attorneys prohibited -- Exceptions -- Penalty
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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 need…
KRS § 31.219 Appeal by public advocacy attorney
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(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 …
KRS § 31.220 When chapter applies to United States courts
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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 i…
KRS § 31.235 Payment for representation upon failure of department to provide attorney -- Decision of public advocate final
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-- 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 representation under KRS Chapter 31, appoints, under the court's inherent authority, an attorney to provide representation …
KRS § 31.241 Protections -- Sanctions
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The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides.
KRS § 31.252 Order for pretrial release for assessment -- Release plan -- Treatment options
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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 incarceration for individuals who suffer from substance use disorder; (b) "Qualified treatment program" has the sam…