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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
(7)
(8)
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;
"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
"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.
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