State Codes and Statutes

Statutes > Kentucky > 031-00 > 235

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31.235 Payment for representation upon failure of department to provide attorney -- Decision of public advocate final. If a court, after finding that the Department of Public Advocacy fails to provide an <br>attorney to a person eligible for representation under KRS Chapter 31, appoints, under the <br>court's inherent authority, an attorney to provide representation to the needy person, the <br>public advocate is hereby authorized to pay reasonable and necessary fees and expenses <br>subject to the following limitations: <br>(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 <br>hourly rate shall be paid in excess of the prevailing hourly rate paid by the <br>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 <br>shall approve, deny, or modify the amount of compensation and fee listed therein. <br>After final approval of the fee and expenses the Circuit Judge shall, if state <br>compensation is desired, certify the amount and transmit the document to the public <br>advocate who shall review the fee and expense request and shall approve, deny, or <br>modify the request. The request as approved or modified shall then be paid. <br>Requests for payment of assigned counsel by the state shall be denied if the district <br>has exceeded the amount of funds which may be allotted to it, if the district plan has <br>not been approved, or if the public advocate finds that compensation is otherwise <br>not warranted. The decision of the public advocate in all matters of fee and expense <br>compensation shall be final. Effective: July 15, 2002 <br>History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 18, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 2, effective July 15, 1998. -- <br>Amended 1978 Ky. Acts ch. 155, sec. 25, effective June 17, 1978. -- Amended 1976 <br>Ky. Acts ch. 177, sec. 3. -- Created 1972 Ky. Acts ch. 353, sec. 7. Formerly codified as KRS 31.070.

State Codes and Statutes

Statutes > Kentucky > 031-00 > 235

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31.235 Payment for representation upon failure of department to provide attorney -- Decision of public advocate final. If a court, after finding that the Department of Public Advocacy fails to provide an <br>attorney to a person eligible for representation under KRS Chapter 31, appoints, under the <br>court's inherent authority, an attorney to provide representation to the needy person, the <br>public advocate is hereby authorized to pay reasonable and necessary fees and expenses <br>subject to the following limitations: <br>(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 <br>hourly rate shall be paid in excess of the prevailing hourly rate paid by the <br>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 <br>shall approve, deny, or modify the amount of compensation and fee listed therein. <br>After final approval of the fee and expenses the Circuit Judge shall, if state <br>compensation is desired, certify the amount and transmit the document to the public <br>advocate who shall review the fee and expense request and shall approve, deny, or <br>modify the request. The request as approved or modified shall then be paid. <br>Requests for payment of assigned counsel by the state shall be denied if the district <br>has exceeded the amount of funds which may be allotted to it, if the district plan has <br>not been approved, or if the public advocate finds that compensation is otherwise <br>not warranted. The decision of the public advocate in all matters of fee and expense <br>compensation shall be final. Effective: July 15, 2002 <br>History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 18, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 2, effective July 15, 1998. -- <br>Amended 1978 Ky. Acts ch. 155, sec. 25, effective June 17, 1978. -- Amended 1976 <br>Ky. Acts ch. 177, sec. 3. -- Created 1972 Ky. Acts ch. 353, sec. 7. Formerly codified as KRS 31.070.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 031-00 > 235

Download pdf
Loading PDF...


31.235 Payment for representation upon failure of department to provide attorney -- Decision of public advocate final. If a court, after finding that the Department of Public Advocacy fails to provide an <br>attorney to a person eligible for representation under KRS Chapter 31, appoints, under the <br>court's inherent authority, an attorney to provide representation to the needy person, the <br>public advocate is hereby authorized to pay reasonable and necessary fees and expenses <br>subject to the following limitations: <br>(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 <br>hourly rate shall be paid in excess of the prevailing hourly rate paid by the <br>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 <br>shall approve, deny, or modify the amount of compensation and fee listed therein. <br>After final approval of the fee and expenses the Circuit Judge shall, if state <br>compensation is desired, certify the amount and transmit the document to the public <br>advocate who shall review the fee and expense request and shall approve, deny, or <br>modify the request. The request as approved or modified shall then be paid. <br>Requests for payment of assigned counsel by the state shall be denied if the district <br>has exceeded the amount of funds which may be allotted to it, if the district plan has <br>not been approved, or if the public advocate finds that compensation is otherwise <br>not warranted. The decision of the public advocate in all matters of fee and expense <br>compensation shall be final. Effective: July 15, 2002 <br>History: Repealed, reenacted, and renumbered 2002 Ky. Acts ch. 283, sec. 18, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 2, effective July 15, 1998. -- <br>Amended 1978 Ky. Acts ch. 155, sec. 25, effective June 17, 1978. -- Amended 1976 <br>Ky. Acts ch. 177, sec. 3. -- Created 1972 Ky. Acts ch. 353, sec. 7. Formerly codified as KRS 31.070.

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