31.015 Public Advocacy Commission -- Appointment -- Members -- Terms --
683 words·~3 min read·
/ky/31-015A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Compensation -- Duties.
(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
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
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
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.