2015 Kentucky Revised Statutes CHAPTER 31 - DEPARTMENT OF PUBLIC ADVOCACY 31.071 Requirement if county elects local office -- Failure to provide attorney -- Responsibility for payment.
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31.071 Requirement if county elects local office -- Failure to provide attorney -Responsibility for payment.
(1)
(2)
(3)
(4)
If the fiscal court of a county or legislative body of an urban-county, charter county,
or consolidated local government elects to establish and maintain an office for
public advocacy, it shall:
(a) Appoint the public advocate and any number of assistant public advocates
necessary to adequately perform the functions of said office.
(b) Prescribe the qualifications of the public advocate, his term of office which
may not be more than four (4) years and fix the rate of annual compensation
for him and his assistants. In order to be qualified for appointment as public
advocate, a person must have been admitted to the practice of law and
licensed to practice in the Commonwealth of Kentucky and be competent to
counsel and defend a person charged with a crime.
(c) Provide for the establishment, maintenance, and support of the office.
If the fiscal court of a county or the legislative body of an urban-county, charter
county, or consolidated local government elects to arrange with a nonprofit
organization to provide attorneys, the county, urban-county, charter county, or
consolidated local government and any cities involved shall provide for the
establishment, maintenance, and support of that organization or shall reimburse the
organization for such expenses.
If, in a county where the fiscal court or in an urban-county, charter county, or
consolidated local government where the legislative body, has elected to provide
representation under subsection (1) or (2) of this section, after finding that the fiscal
court or legislative body fails to provide an attorney to a person eligible for
representation under KRS Chapter 31, a court assigns, under the court's inherent
authority, an attorney to represent a needy person, it shall prescribe a reasonable rate
of compensation for his services and shall determine the direct expenses necessary
to representation for which he would be reimbursed. The county, urban-county,
charter county, or consolidated local government shall pay the attorney the amounts
so prescribed from the funds made available by the Department of Public
Advocacy.
An attorney under subsection (3) of this section shall be compensated for his
services with regard to the complexity of the issues, the time involved, and other
relevant considerations. However, 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.
Effective: July 15, 2002
History: 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.
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