The following terms and standards shall apply, subject to further definition and regulation
by the Department of Public Advocacy:
(1) "Defending attorney" means any attorney who is representing a needy or indigent
person;
(2) "Department" means the Department of Public Advocacy;
(3) "Detain" means to have in custody or otherwise deprive of freedom of action;
(4) "Expenses," when used with reference to representation under this chapter, includes
the expenses of investigation, other preparation, and trial, together with the
expenses of any appeal;
(5) "Needy person" or "indigent person" means:
(a) A person eighteen (18) years of age or older or an emancipated minor under
the age of eighteen (18) who, at the time his or her need is determined, is
unable to provide for the payment of an attorney and all other necessary
expenses of representation;
(b) A minor, under the age of eighteen (18), who is a party defendant in an action
of being an habitual runaway from his or her parent or person exercising
control or supervision of the child brought under KRS 630.020(1) or of being
beyond the control of parents brought under KRS 630.020(2), and at the time
his or her need is determined is unable to provide for the payment of an
attorney and all other necessary expenses of representation;
(c) An unemancipated minor, under the age of eighteen (18), who allegedly has
committed an offense as described in KRS 610.010(1), or who allegedly is
beyond the control of the school as described in KRS 610.010(2)(a), or who
allegedly is an habitual truant from school as described in KRS 610.010(2)(b),
or who allegedly is an habitual runaway as described in KRS 610.010(2)(c),
whose custodial parent or guardian at the time the need of the minor is
determined is unable to provide for the payment of an attorney and all other
necessary expenses of representation, and who cannot personally so provide;
or
(d) An unemancipated minor, under the age of eighteen (18), alleged to have
committed an offense as described in KRS 610.010(1) or (2)(a), (b), or (c),
whose custodial parent or guardian at the time the need of the minor is
determined has interests adverse to the child relevant to the charged offenses
and who is able to provide for the payment of an attorney and all other
necessary expenses of representation, when such representation is not
provided or is not consented to by the unemancipated minor;
(6) "Non-lawyer assistants" shall:
(a) Have the same meaning contemplated by SCR 3.130(5.3) "Responsibilities
regarding non-lawyer assistants"; and
(b) Be subject to the Rules of Professional Conduct and the Rules of Evidence as
they relate to client confidentiality, attorney-client communications, and
attorney-client privilege.
All non-lawyer assistants hired by the department who are independently licensed or
certified shall practice under the attorney-client privilege, irrespective of other
obligations or duties arising with their independent licenses or certifications.
Nothing in this subsection shall authorize the disclosure of confidential information
to non-lawyer assistants within the department who are not performing duties at the
direction of an attorney;
(7) "Plan" means an agreement between the Department of Public Advocacy and
attorneys for the representation of indigent persons who are entitled to
representation under this chapter and who, by reason of conflict or otherwise,
cannot be represented by the department; and
(8) "Serious crime" includes:
(a) A felony;
(b) A misdemeanor or offense any penalty for which includes the possibility of
confinement;
(c) Any legal action which could result in the detainment of a defendant; and
(d) An act that, but for the age of the person involved, would otherwise be a
serious crime.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 87, sec. 1, effective July 15, 2014. -- Amended
2008 Ky. Acts ch. 87, sec. 14, effective July 15, 2008. -- Amended 2002 Ky. Acts ch.
283, sec. 10, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 104, sec. 1,
effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 27, effective June
17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 5. -- Amended 1974 Ky. Acts ch.
358, sec. 5. -- Created 1972 Ky. Acts ch. 353, sec. 10.
Notes of Decisions
Alabama v. Shelton (2002)
scotus · cites it 2×
“I, § 13); Ky. Rev. Stat. Ann. §§ 31.100 (4)(b), 31.”
Morton v. Commonwealth (1991)
ky · cites it 6×
“accept an appointment by the Court to represent said Defendant, Barrington Lee Morton.”
Maynes v. Commonwealth (2012)
ky · cites it 3×
“205 is distinguishable from the “needy person” standard in KRS 31.100 because the latter focuses only on the inability “to provide for the payment of an attorney and all other necessary expenses of representation.”
Moore v. State (2005)
md · cites it 2×
“Be this as it may, in our view, KRS 31.100, et. seq., is a unified enactment which contemplates the necessity of a comprehensive determination whether a defendant qualifies for the benefits provided.”
Smith v. Commonwealth (1987)
ky · cites it 2×
“Approximately one year later, after Smith had given and withdrawn his notice of intent to rely on the defense of mental disease or defect, the trial judge granted his request to be examined by psychiatrist, Dr. Granacher. We are not convinced that any reversible error occurred…”
Nunn v. Commonwealth (2015)
ky
“205, 4 which directs the exemption from court costs, from the “needy person” standard in KRS 31.100, which authorizes the appointment of counsel for the indigent defendant in a criminal case.”
McCracken County Fiscal Court v. Graves (1994)
ky
“” KRS 31.100(3). An indigent defendant having been formally charged of a serious ciime is entitled: “(a) [t]o be represented by an attorney to the same extent as a person having his own counsel is so entitled; and (b) [t]o be provided with the necessary services and facilities…”
Wright v. Commonwealth (2012)
ky
“At Appellant’s arraignment, the trial court found him to be an “indigent person” under KRS 31.100(3) and appointed the Department of Public Advocacy to aid him in his defense.”
Tinsley v. Commonwealth (2006)
kyctapp
“) KRS 31.100(3) defines a needy person or indigent person as follows: “Needy person” or “indigent person” means: (a) A person eighteen (18) years of age or older or emancipated minor under the age of eighteen (18) who, at the time his need is determined, is unable to provide for…”
Donovan v. Commonwealth (2001)
kyctapp
“” Donovan objects to the trial court’s finding that he had the financial ability to pay the recoupment fee, claiming that because he was considered a needy person pursuant to KRS 31.100(3)(a), and was appointed counsel to represent him at trial, he cannot later be found capable…”
Commonwealth v. Reed (2012)
ky
“[[Image here]] KRS 31.100(3)(a) defines a “needy person” or “indigent person” as “[a] person eighteen (18) years of age or older .”
Galloway v. Commonwealth (2014)
ky
“Commonwealth, a “needy” person under KRS 31.100 who is entitled to representation by a public defender does not necessarily qualify as a “poor” person who is exempt from the imposition of court costs under KRS 23A.”
— Ky. Rev. Stat. § 31.100(3) — 6 cases
Morton v. Commonwealth (1991)
ky
“accept an appointment by the Court to represent said Defendant, Barrington Lee Morton.”
Maynes v. Commonwealth (2012)
ky
“205 is distinguishable from the “needy person” standard in KRS 31.100 because the latter focuses only on the inability “to provide for the payment of an attorney and all other necessary expenses of representation.”
Moore v. State (2005)
md
“Be this as it may, in our view, KRS 31.100, et. seq., is a unified enactment which contemplates the necessity of a comprehensive determination whether a defendant qualifies for the benefits provided.”
McCracken County Fiscal Court v. Graves (1994)
ky
“” KRS 31.100(3). An indigent defendant having been formally charged of a serious ciime is entitled: “(a) [t]o be represented by an attorney to the same extent as a person having his own counsel is so entitled; and (b) [t]o be provided with the necessary services and facilities…”
Wright v. Commonwealth (2012)
ky
“At Appellant’s arraignment, the trial court found him to be an “indigent person” under KRS 31.100(3) and appointed the Department of Public Advocacy to aid him in his defense.”
— Ky. Rev. Stat. § 31.100(3)(a) — 3 cases
Donovan v. Commonwealth (2001)
kyctapp
“” Donovan objects to the trial court’s finding that he had the financial ability to pay the recoupment fee, claiming that because he was considered a needy person pursuant to KRS 31.100(3)(a), and was appointed counsel to represent him at trial, he cannot later be found capable…”
Commonwealth v. Reed (2012)
ky
“[[Image here]] KRS 31.100(3)(a) defines a “needy person” or “indigent person” as “[a] person eighteen (18) years of age or older .”
— Ky. Rev. Stat. § 31.100(4) — 1 case
Maynes v. Commonwealth (2012)
ky
“205 is distinguishable from the “needy person” standard in KRS 31.100 because the latter focuses only on the inability “to provide for the payment of an attorney and all other necessary expenses of representation.”
— Ky. Rev. Stat. § 31.100(4)(c) — 3 cases
— Ky. Rev. Stat. § 31.100(5) — 1 case
— Ky. Rev. Stat. § 31.100(5)(a) — 3 cases
— Ky. Rev. Stat. § 31.100(5)(c) — 2 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.