31.211 Determination of ability to pay partial fee for representation and services at

379 words·~2 min read·/ky/31-211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

arraignment -- Collection of unpaid partial fee by civil judgment -- Funds

placed in special trust and agency account.

(1)At arraignment, the court shall conduct a nonadversarial hearing to determine

whether a person who has requested a public defender is able to pay a partial fee for

legal representation, the other necessary services and facilities of representation,

and court costs. The court shall order payment in an amount determined by the

court and may order that the payment be made in a lump sum or by installment

payments to recover money for representation provided under this chapter. This

partial fee determination shall be made at each stage of the proceedings.

(2)If the partial fee, or any portion thereof, is not paid by the due date, the court's order

is a civil judgment subject to collection under Civil Rule 69.03 and KRS Chapter

426.

(3)All moneys collected by the public advocate from indigent defendants pursuant to

subsection

(1)of this section shall be credited to the Department of Public

Advocacy special trust and agency account to be used to support the state public

advocacy system.

(4)If a person receives legal assistance or other benefit under this chapter to which he

or she is not entitled or if a person receives legal assistance under this chapter and is

financially able to pay for representation on the date the suit is brought, the public

advocate, on behalf of the Commonwealth, shall recover, where practical, payment

or reimbursement, as the case may be, from the person who received the legal

assistance or his or her estate. Suit shall be brought within five

(5)years after the

date on which the aid was received.

(5)Department of Public Advocacy attorneys shall forward all information that

indicates that payment or reimbursement may be obtained pursuant to subsection

(4)of this section.

(6)The duty of recovery contemplated by subsection

(4)of this section shall extend

against persons who were the custodial parents or guardians of unemancipated

minors at the time these minors were deemed needy as defined in KRS 31.100(5)(c)

or (d).

(7)All moneys collected under this section shall be placed in a special trust and agency

account for the Department of Public Advocacy, and the funds shall not lapse.