31.185 Facilities available to department -- Ex parte request for funds for
512 words·~2 min read·
/ky/31-185A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
attorney representing the Commonwealth. If he or she considers their use
impractical, the court of competent jurisdiction in which the case is pending may
authorize the use of private facilities to be paid for on court order from the special
account of the Finance and Administration Cabinet.
(2)The defending attorney may request to be heard ex parte and on the record with
regard to using private facilities under subsection
(1)of this section. If the
defending attorney so requests, the court shall conduct the hearing ex parte and on
the record.
(3)Any direct expense, including the cost of a transcript or bystander's bill of
exceptions or other substitute for a transcript that is necessarily incurred in
representing a needy person under this chapter, are charges against the county,
urban-county government, charter county government, unified local government, or
consolidated local government on behalf of which the service is performed and shall
be paid from the special account established in subsection
(4)of this section and in
accordance with procedures provided in subsection
(5)of this section. However, a
charge under this subsection shall not exceed the established rate charged by the
Commonwealth and its agencies.
(4)The consolidated local government, charter county government, unified local
government, fiscal court of each county, or legislative body of an urban-county
government shall annually appropriate twelve and a half cents ($0.125) per capita of
the population of the county, as determined by the Council of Local Governments'
most recent population statistics, to a special account to be administered by the
Finance and Administration Cabinet to pay court orders entered against counties
pursuant to subsection
(1)or
(3)of this section. The funds in this account shall not
lapse and shall remain in the special account.
(5)The Finance and Administration Cabinet shall pay all court orders entered pursuant
to subsection
(1)or
(3)of this section from the special account until the funds in the
account are depleted. If in any given year the special account, including any funds
from prior years, is depleted and court orders entered against counties pursuant to
subsection
(1)or
(3)of this section for that year or any prior year remain unpaid, the
Finance and Administration Cabinet shall pay those orders from the Treasury in the
same manner in which judgments against the Commonwealth and its agencies are
paid.
(6)Expenses incurred in the representation of needy persons confined in a state
correctional institution shall be paid from the special account established in
subsection
(4)of this section and in accordance with the procedures provided in
subsection
(5)of this section.
(7)Only court orders entered after July 15, 1994, shall be payable from the special
account administered by the Finance and Administration Cabinet or from the Treasury as provided in subsections
(4)and
(5)of this section.