of representation and services -- Rights of representation for persons
subject to proceedings under KRS Chapter 202C.
(1) A needy person who is being detained by a law enforcement officer, on
suspicion of having committed, or who is under formal charge of having
committed, or is being detained under a conviction of, a serious crime, or who
is accused of having committed a public or status offense or who has been
committed to the Department of Juvenile Justice or Cabinet for Health and
Family Services for having committed a public or status offense as those are
defined by KRS 610.010(1), 610.010(2)(a), (b), (c), or 630.020(2) is entitled:
(a) To be represented by an attorney to the same extent as a person having
his or her own counsel is so entitled; and
(b) Except as provided in subsection (2)(c) of this section, to be provided with
the necessary services and facilities of representation, including
investigation and other preparation. The courts in which the defendant is
tried shall waive all costs.
(2) A needy person who is entitled to be represented by an attorney under
subsection (1) of this section is entitled:
(a) To be counseled and defended at all stages of the matter beginning with
the earliest time when a person providing his or her own counsel would
be entitled to be represented by an attorney and including revocation of
probation or parole;
(b) To be represented in any appeal; and
(c) To be represented in any other post-conviction, or, if a minor under the
age of eighteen (18), post-disposition proceeding, including any appeal
from a post-conviction or post-disposition action. However, if the
department and the court of competent jurisdiction determines that it is
not a proceeding that a reasonable person with adequate means would
be willing to bring at his or her own expense, there shall be no further
right to be represented by counsel under the provisions of this chapter. In
cases involving a minor under the age of eighteen (18), prior to making a
determination on whether or not a post-disposition action is a proceeding
that a reasonable person with adequate means would be willing to bring
at his or her own expense, an attorney with the department shall be
granted access to the court file of the minor:
1. Without the requirement of a formal court order in which the attorney
has provided a release signed by the minor or the minor's legal
guardian authorizing the use of the records; and
2. Notwithstanding any other statute prohibiting the disclosure of a
juvenile court file.
(3) A needy person's right to a benefit under subsection (1) or (2) of this section is
not affected by his or her having provided a similar benefit at his or her own
expense, or by he or she having waived it, at an earlier stage.
(4) A person, whether a needy person or not, who is a minor under the age of
eighteen (18) and who is in the custody of the Department of Juvenile Justice
and is residing in a residential treatment center or detention center is entitled to
be represented on a legal claim related to his or her confinement involving
violations of federal or state statutory rights or constitutional rights. Prior to
representation, an attorney with the department shall be granted access to the
court file of the minor and residential treatment center or detention center
records pertaining to the juvenile:
(a) Without entering an appearance as an attorney of record; and
(b) Notwithstanding any other statute prohibiting the disclosure of a juvenile's
record, including KRS 15A.0651, 610.320, 610.340, or 610.345.
(5) A person, whether a needy person or not, who is subject to a proceeding under
KRS Chapter 202C and is unrepresented at any time shall be entitled to the
same rights of representation as a needy person under subsection (1) of this
section.
Effective:April 1, 2021
History: Amended 2021 Ky. Acts ch. 175, sec. 23, effective April 1, 2021. --
Amended 2014 Ky. Acts ch. 87, sec. 3, effective July 15, 2014. -- Amended
2008 Ky. Acts ch. 87, sec. 15, effective July 15, 2008. -- Amended 2005 Ky.
Acts ch. 99, sec. 101, effective June 20, 2005. -- Amended 2002 Ky. Acts ch.
283, sec. 11, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 353, sec. 11.
Notes of Decisions
Cited in
99
cases (
28 in the last 5 years), 1980–2026 · leading case:
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).
· cites it 57× “) Gilliam clearly represented a retreat from the broad language in Ivey that KRS 31.110 requires appointment of counsel and the provision of services "upon request.”
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
· cites it 14× “KRS 31.110 provides that “needy persons” facing serious criminal charges are entitled to representation by an attorney at public expense.”
Davenport v. Commonwealth, 177 S.W.3d 763 (Ky. 2005).
· cites it 10× “The applicable standard of review of a denial of funds under KRS 31.110 is abuse of discretion, and the reviewing court must limit its analysis to those reasons presented to the trial court.”
Moore v. Commonwealth, 199 S.W.3d 132 (Ky. 2006).
· cites it 14× “42 creates a conditional right to counsel, and that KRS 31.110 authorizes appointment of counsel in such a proceeding if the person seeking relief is a "needy person.”
Owens v. Commonwealth, 512 S.W.3d 1 (Ky. Ct. App. 2017).
· cites it 4× “2005) (“Funds will not be provided pursuant to KRS 31.110 so that [a defendant] may conduct a ‘fishing expedition.”
Morton v. Commonwealth, 817 S.W.2d 218 (Ky. 1991).
· cites it 10× “Appellant also contends that the trial court violated KRS 31.110, et. seq., when it determined that he, upon being declared indigent and entitled to benefit of the statute, was not entitled to be represented by pro bono counsel, but was limited to counsel provided by the…”
Gross v. Commonwealth, 648 S.W.2d 853 (Ky. 1983).
· cites it 3× “In Ivey we also discussed KRS 31.110, which provides in pertinent part that a “needy person” who “is being detained under a conviction of a serious crime, is entitled: .”
McKinney v. Commonwealth, 60 S.W.3d 499 (Ky. 2001).
· cites it 4× “Furthermore, on appeal, "our review of a trial court's denial of funds pursuant to KRS 31.110 is limited to the reasons actually presented to the trial court.”
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
· cites it 3× “Appellant also relies upon KRS 31.110(1), which provides that a “needy person” in a criminal proceeding, who has qualified for the appointment of counsel and the provision of other “necessary services and facilities of representation including investigation and other…”
Benjamin v. Commonwealth, 266 S.W.3d 775 (Ky. 2008).
· cites it 3× “1984) (quoting KRS 31.110(1)(b)). Additionally, in Young v.”
Kordenbrock v. Commonwealth, 700 S.W.2d 384 (Ky. 1985).
· cites it 4× “KRS 31.110(1) provides that indigent defendants are entitled "to be provided with the necessary services and facilities of representation, including investigation and other preparation.”
Moore v. State, 889 A.2d 325 (Md. 2005).
· cites it 3× “” *395 To be sure, the Supreme Court of Kentucky construed this statute to set up a unified scheme, in which the services to be provided by the public defender were non-severable: “A more difficult question is whether the trial court erred in its determination that a defendant…”
— Ky. Rev. Stat. § 31.110(1) — 16 cases
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
“KRS 31.110 provides that “needy persons” facing serious criminal charges are entitled to representation by an attorney at public expense.”
Kordenbrock v. Commonwealth, 700 S.W.2d 384 (Ky. 1985).
“KRS 31.110(1) provides that indigent defendants are entitled "to be provided with the necessary services and facilities of representation, including investigation and other preparation.”
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).
“) Gilliam clearly represented a retreat from the broad language in Ivey that KRS 31.110 requires appointment of counsel and the provision of services "upon request.”
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
“Appellant also relies upon KRS 31.110(1), which provides that a “needy person” in a criminal proceeding, who has qualified for the appointment of counsel and the provision of other “necessary services and facilities of representation including investigation and other…”
— Ky. Rev. Stat. § 31.110(1)(b) — 15 cases
Morton v. Commonwealth, 817 S.W.2d 218 (Ky. 1991).
“Appellant also contends that the trial court violated KRS 31.110, et. seq., when it determined that he, upon being declared indigent and entitled to benefit of the statute, was not entitled to be represented by pro bono counsel, but was limited to counsel provided by the…”
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).
“) Gilliam clearly represented a retreat from the broad language in Ivey that KRS 31.110 requires appointment of counsel and the provision of services "upon request.”
Davenport v. Commonwealth, 177 S.W.3d 763 (Ky. 2005).
“The applicable standard of review of a denial of funds under KRS 31.110 is abuse of discretion, and the reviewing court must limit its analysis to those reasons presented to the trial court.”
— Ky. Rev. Stat. § 31.110(2) — 3 cases
— Ky. Rev. Stat. § 31.110(2)(a) — 5 cases
— Ky. Rev. Stat. § 31.110(2)(b) — 5 cases
— Ky. Rev. Stat. § 31.110(2)(c) — 20 cases
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).
“) Gilliam clearly represented a retreat from the broad language in Ivey that KRS 31.110 requires appointment of counsel and the provision of services "upon request.”
Moore v. Commonwealth, 199 S.W.3d 132 (Ky. 2006).
“42 creates a conditional right to counsel, and that KRS 31.110 authorizes appointment of counsel in such a proceeding if the person seeking relief is a "needy person.”
— Ky. Rev. Stat. § 31.110(2)(e) — 1 case
Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001).
“) Gilliam clearly represented a retreat from the broad language in Ivey that KRS 31.110 requires appointment of counsel and the provision of services "upon request.”
— Ky. Rev. Stat. § 31.110(3) — 2 cases
— Ky. Rev. Stat. § 31.110(5)(a) — 1 case
— Ky. Rev. Stat. § 31.110(l)(a) — 2 cases
— Ky. Rev. Stat. § 31.110(l)(b) — 21 cases
Owens v. Commonwealth, 512 S.W.3d 1 (Ky. Ct. App. 2017).
“2005) (“Funds will not be provided pursuant to KRS 31.110 so that [a defendant] may conduct a ‘fishing expedition.”
Moore v. State, 889 A.2d 325 (Md. 2005).
“” *395 To be sure, the Supreme Court of Kentucky construed this statute to set up a unified scheme, in which the services to be provided by the public defender were non-severable: “A more difficult question is whether the trial court erred in its determination that a defendant…”
Morton v. Commonwealth, 817 S.W.2d 218 (Ky. 1991).
“Appellant also contends that the trial court violated KRS 31.110, et. seq., when it determined that he, upon being declared indigent and entitled to benefit of the statute, was not entitled to be represented by pro bono counsel, but was limited to counsel provided by the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.