State Codes and Statutes

Statutes > Kentucky > 031-00 > 219

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31.219 Appeal by public advocacy attorney. (1) It shall be the duty of the attorney representing a client under any public advocacy plan to perfect an appeal if his client requests an appeal. (2) After the attorney has filed a notice of appeal as required by the Rules of Criminal Procedure, he shall forward to the Department of Public Advocacy a copy of the <br>final judgment, the notice of appeal, a statement of any errors committed in the trial <br>of the case which should be raised on appeal, and a designation of that part of the <br>record that is essential to the appeal. (3) No attorney participating in any public advocacy plan shall be compensated for his services until he has perfected an appeal for a client who requests an appeal and has <br>filed the information required in subsection (2) of this section. (4) Any public advocacy attorney who is representing a client on appeal who after a conscientious examination of said appeal believes the appeal to be wholly frivolous <br>after careful examinations of the record may request the court to which the appeal <br>has been taken for permission to withdraw from the case. The attorney must file <br>with that request a brief which sets forth any arguments which might possibly be <br>raised on appeal. A copy of the request for permission to withdraw and the brief <br>must be served upon the client in sufficient time so that the client may raise any <br>argument he chooses to raise. Effective: July 15, 2002 <br>History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 16, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 28, effective June 17, 1978. -- <br>Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 1. Formerly codified as KRS 31.115.

State Codes and Statutes

Statutes > Kentucky > 031-00 > 219

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31.219 Appeal by public advocacy attorney. (1) It shall be the duty of the attorney representing a client under any public advocacy plan to perfect an appeal if his client requests an appeal. (2) After the attorney has filed a notice of appeal as required by the Rules of Criminal Procedure, he shall forward to the Department of Public Advocacy a copy of the <br>final judgment, the notice of appeal, a statement of any errors committed in the trial <br>of the case which should be raised on appeal, and a designation of that part of the <br>record that is essential to the appeal. (3) No attorney participating in any public advocacy plan shall be compensated for his services until he has perfected an appeal for a client who requests an appeal and has <br>filed the information required in subsection (2) of this section. (4) Any public advocacy attorney who is representing a client on appeal who after a conscientious examination of said appeal believes the appeal to be wholly frivolous <br>after careful examinations of the record may request the court to which the appeal <br>has been taken for permission to withdraw from the case. The attorney must file <br>with that request a brief which sets forth any arguments which might possibly be <br>raised on appeal. A copy of the request for permission to withdraw and the brief <br>must be served upon the client in sufficient time so that the client may raise any <br>argument he chooses to raise. Effective: July 15, 2002 <br>History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 16, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 28, effective June 17, 1978. -- <br>Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 1. Formerly codified as KRS 31.115.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 031-00 > 219

Download pdf
Loading PDF...


31.219 Appeal by public advocacy attorney. (1) It shall be the duty of the attorney representing a client under any public advocacy plan to perfect an appeal if his client requests an appeal. (2) After the attorney has filed a notice of appeal as required by the Rules of Criminal Procedure, he shall forward to the Department of Public Advocacy a copy of the <br>final judgment, the notice of appeal, a statement of any errors committed in the trial <br>of the case which should be raised on appeal, and a designation of that part of the <br>record that is essential to the appeal. (3) No attorney participating in any public advocacy plan shall be compensated for his services until he has perfected an appeal for a client who requests an appeal and has <br>filed the information required in subsection (2) of this section. (4) Any public advocacy attorney who is representing a client on appeal who after a conscientious examination of said appeal believes the appeal to be wholly frivolous <br>after careful examinations of the record may request the court to which the appeal <br>has been taken for permission to withdraw from the case. The attorney must file <br>with that request a brief which sets forth any arguments which might possibly be <br>raised on appeal. A copy of the request for permission to withdraw and the brief <br>must be served upon the client in sufficient time so that the client may raise any <br>argument he chooses to raise. Effective: July 15, 2002 <br>History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 16, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 155, sec. 28, effective June 17, 1978. -- <br>Created 1976 (1st Extra. Sess.) Ky. Acts ch. 24, sec. 1. Formerly codified as KRS 31.115.

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