2014 Kentucky Revised Statutes CHAPTER 31 - DEPARTMENT OF PUBLIC ADVOCACY 31.235 Payment for representation upon failure of department to provide attorney -- Decision of public advocate final.
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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 representation 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 district has exceeded the amount of funds which
may be allotted to it, if the district plan has not been approved, or if the public
advocate finds that compensation is otherwise not warranted. The decision of
the public advocate in all matters of fee and expense compensation shall be
final.
Effective:July 15, 2002
History: Repealed, reenacted, and renumbered 2002 Ky.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.
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