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. Effective: July 1, 2024 History: Amended 2023 Ky. Acts ch. 144, sec. 2, effective July 1, 2024. -- Amended 2014 Ky. Acts ch. 87, sec. 8, effective July 15, 2014. -- Created 2002 Ky. Acts ch. 283, sec. 14, effective July 15, 2002.
Notes of Decisions
Cited in
21
cases (
6 in the last 5 years), 2004–2023 · leading case:
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
· cites it 11× “205, KRS 31.211, and KRS 453.190, KRS 31.110 does not create the blanket immunity from costs Maynes attributes to it.”
Spicer v. Commonwealth, 442 S.W.3d 26 (Ky. 2014).
· cites it 4× “Turning first to the imposition of attorney’s fees, KRS 31.211 states in pertinent part: 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…”
Miller v. Commonwealth, 391 S.W.3d 857 (Ky. 2013).
· cites it 4× “” KRS 31.211(1). But a person can *871 be a “needy person” without being a “poor person.”
Buster v. Commonwealth, 381 S.W.3d 294 (Ky. 2012).
· cites it 3× “As to the partial public-defender fee, KRS 31.211 requires that the determination of whether a defendant may be compelled to partially repay public-defender fees first be made “at arraignment” and then also “at all stages of the proceedings.”
Sevier v. Commonwealth, 434 S.W.3d 443 (Ky. 2014).
· cites it 2× “Because the Commonwealth agrees that the trial court waived court costs at sentencing and did not conduct a hearing under KRS 31.211(1) to determine the propriety of a public defender fee, we hold that the trial court’s waiver of court costs precludes the assessment of a partial…”
Donald Howard v. Commonwealth of Kentucky, 496 S.W.3d 471 (Ky. 2016).
“KRS 31.211 provides, in pertinent part, that: 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…”
Howell v. Commonwealth, 163 S.W.3d 442 (Ky. 2005).
· cites it 3× “argues that the court first made a determination that Appellant Howell had the ability to pay for his legal representation pursuant to KRS 31.211. The court then allotted monies belonging to Howell first to pay for his legal representation and expenses, then to the Commonwealth…”
Goncalves v. Commonwealth, 404 S.W.3d 180 (Ky. 2013).
“; KRS 31.211(7). *210 In closing, we cannot say that the trial court erred in assessing court costs and a partial public defender fee against Gon-calves.”
Applegate v. Commonwealth, 577 S.W.3d 83 (Ky. Ct. App. 2018).
“Further, we hold the trial court erred in assessing a public defender fee as it did not conduct a nonadversarial hearing to determine whether Applegate had the present ability to pay for his legal representation as required by KRS 31.211(1). See also Maynes v. Commonwealth , 361…”
McEntire v. Commonwealth, 344 S.W.3d 125 (Ky. Ct. App. 2010).
· cites it 3× “Relying on KRS 31.211(1), the Court noted that the trial court failed to conduct a “nonadversarial hearing” for the purpose of determining whether the appellant could pay these costs.”
Ladriere v. Commonwealth, 329 S.W.3d 278 (Ky. 2010).
“00 public defender fee is explicitly authorized by KRS 31.211(1), but Ladriere’s challenge is to the imposition of court costs, not the public defender fee.”
Merrick v. Commonwealth, 132 S.W.3d 220 (Ky. Ct. App. 2004).
“” On remand, the circuit court shall reconsider its determination as to the resources available to appellant and the extent of the appellant’s ability to compensate the Office of the Public Advocate for the cost of the transcript as provided in KRS 31.211(1). Finally,…”
— Ky. Rev. Stat. § 31.211(1) — 12 cases
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
“205, KRS 31.211, and KRS 453.190, KRS 31.110 does not create the blanket immunity from costs Maynes attributes to it.”
Miller v. Commonwealth, 391 S.W.3d 857 (Ky. 2013).
“” KRS 31.211(1). But a person can *871 be a “needy person” without being a “poor person.”
Sevier v. Commonwealth, 434 S.W.3d 443 (Ky. 2014).
“Because the Commonwealth agrees that the trial court waived court costs at sentencing and did not conduct a hearing under KRS 31.211(1) to determine the propriety of a public defender fee, we hold that the trial court’s waiver of court costs precludes the assessment of a partial…”
Buster v. Commonwealth, 381 S.W.3d 294 (Ky. 2012).
“As to the partial public-defender fee, KRS 31.211 requires that the determination of whether a defendant may be compelled to partially repay public-defender fees first be made “at arraignment” and then also “at all stages of the proceedings.”
Applegate v. Commonwealth, 577 S.W.3d 83 (Ky. Ct. App. 2018).
“Further, we hold the trial court erred in assessing a public defender fee as it did not conduct a nonadversarial hearing to determine whether Applegate had the present ability to pay for his legal representation as required by KRS 31.211(1). See also Maynes v. Commonwealth , 361…”
— Ky. Rev. Stat. § 31.211(3) — 1 case
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
“205, KRS 31.211, and KRS 453.190, KRS 31.110 does not create the blanket immunity from costs Maynes attributes to it.”
— Ky. Rev. Stat. § 31.211(7) — 1 case
Goncalves v. Commonwealth, 404 S.W.3d 180 (Ky. 2013).
“; KRS 31.211(7). *210 In closing, we cannot say that the trial court erred in assessing court costs and a partial public defender fee against Gon-calves.”
— Ky. Rev. Stat. § 31.211(8) — 1 case
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky. 2012).
“205, KRS 31.211, and KRS 453.190, KRS 31.110 does not create the blanket immunity from costs Maynes attributes to it.”
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