31.235 Payment for representation upon failure of department to provide attorney

257 words·~1 min read·/ky/31-235

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

-- 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 public

advocate finds that compensation is not warranted. The decision of the public

advocate in all matters of fee and expense compensation shall be final.