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AN ACT relating to the Department of Public Advocacy. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 18A.115 is amended to read as follows: 3
(1) The classified service to which KRS 18A.005 to 18A.200 shall apply shall comprise 4
all positions in the state service now existing or hereafter established, except the 5
following: 6
(a) The General Assembly and employees of the General Assembly, including the 7
employees of the Legislative Research Commission; 8
(b) Officers elected by popular vote and persons appointed to fill vacancies in 9
elective offices; 10
(c) Members of boards and commissions; 11
(d) Officers and employees on the staff of the Governor, the Lieutenant 12
Governor, the Office of the Secretary of the Governor's Cabinet, and the 13
Office of Program Administration; 14
(e) Cabinet secretaries, commissioners, office heads, and the administrative heads 15
of all boards and commissions, including the executive director of Kentucky 16
Educational Television; 17
(f) Employees of Kentucky Educational Television who have been determined to 18
be exempt from classified service by the Kentucky Authority for Educational 19
Television, which shall have sole authority over such exempt employees for 20
employment, dismissal, and setting of compensation, up to the maximum 21
established for the executive director and his principal assistants; 22
(g) One (1) principal assistant or deputy for each person exempted under 23
subsection (1)(e) of this section; 24
(h) One (1) additional principal assistant or deputy as may be necessary for 25
making and carrying out policy for each person exempted under subsection 26
(1)(e) of this section in those instances in which the nature of the functions, 27 UNOFFICIAL COPY 24 RS BR 1080
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size, or complexity of the unit involved are such that the secretary approves 1
such an addition on petition of the relevant cabinet secretary or department 2
head and such other principal assistants, deputies, or other major assistants as 3
may be necessary for making and carrying out policy for each person 4
exempted under subsection (1)(e) of this section in those instances in which 5
the nature of the functions, size, or complexity of the unit involved are such 6
that the board may approve such an addition or additions on petition of the 7
department head approved by the secretary. Effective August 1, 2010: 8
1. All positions approved under this paragraph prior to August 1, 2010, 9
shall be abolished effective December 31, 2010, unless reapproved 10
under subparagraph 2. of this paragraph; and 11
2. A position approved under this paragraph on or after August 1, 2010, 12
shall be approved for a period of five (5) years, after which time the 13
position shall be abolished unless reapproved under this subparagraph 14
for an additional five (5) year period; 15
(i) Division directors subject to the provisions of KRS 18A.170. Division 16
directors in the classified service as of January 1, 1980, shall remain in the 17
classified service; 18
(j) Physicians employed as such; 19
(k) One (1) private secretary for each person exempted under subsection (1)(e), 20
(g), and (h) of this section; 21
(l) The judicial department, referees, receivers, jurors, and notaries public; 22
(m) Officers and members of the staffs of state universities and colleges and 23
student employees of such institutions; officers and employees of the 24
Teachers' Retirement System; and officers, teachers, and employees of local 25
boards of education; 26
(n) Patients or inmates employed in state institutions; 27 UNOFFICIAL COPY 24 RS BR 1080
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(o) Persons employed in a professional or scientific capacity to make or conduct a 1
temporary or special inquiry, investigation, or examination on behalf of the 2
General Assembly, or a committee thereof, or by authority of the Governor, 3
and persons employed by state agencies for a specified, limited period to 4
provide professional, technical, scientific, or artistic services under the 5
provisions of KRS 45A.690 to 45A.725; 6
(p) Interim employees; 7
(q) Officers and members of the state militia; 8
(r) Department of Kentucky State Police troopers; 9
(s) University or college engineering students or other students employed part-10
time or part-year by the state through special personnel recruitment programs; 11
provided that while so employed such aides shall be under contract to work 12
full-time for the state after graduation for a period of time approved by the 13
commissioner or shall be participants in a cooperative education program 14
approved by the commissioner; 15
(t) Superintendents of state mental institutions, including heads of centers for 16
individuals with an intellectual disability, and penal and correctional 17
institutions as referred to in KRS 196.180(2); 18
(u) Staff members of the Kentucky Historical Society, if they are hired in 19
accordance with KRS 171.311; 20
(v) County and Commonwealth's attorneys and their respective appointees; 21
(w) Chief district engineers and the state highway engineer; 22
(x) Veterinarians employed as such by the Kentucky Horse Racing Commission; 23
(y) Employees of the Kentucky Peace Corps; 24
(z) Employees of the Council on Postsecondary Education; 25
(aa) Executive director of the Commonwealth Office of Technology; 26
(ab) Employees of Serve Kentucky; 27 UNOFFICIAL COPY 24 RS BR 1080
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(ac) Persons employed in certified teaching positions at the Kentucky School for 1
the Blind and the Kentucky School for the Deaf; 2
(ad) Federally funded time-limited employees as defined in KRS 18A.005;[ and] 3
(ae) Employees of the Department of Agriculture who are employed to support the 4
Agricultural Development Board and the Kentucky Agricultural Finance 5
Corporation; and 6
(af) Attorneys in the Department of Public Advocacy. 7
(2) Nothing in KRS 18A.005 to 18A.200 is intended, or shall be construed, to alter or 8
amend the provisions of KRS 150.022 and 150.061. 9
(3) Nothing in KRS 18A.005 to 18A.200 is intended or shall be construed to affect any 10
nonmanagement, nonpolicy-making position which must be included in the 11
classified service as a prerequisite to the grant of federal funds to a state agency. 12
(4) Career employees within the classified service promoted to positions exempted 13
from classified service shall, upon termination of their employment in the exempted 14
service, revert to a position in that class in the agency from which they were 15
terminated if a vacancy in that class exists. If no such vacancy exists, they shall be 16
considered for employment in any vacant position for which they were qualified 17
pursuant to KRS 18A.130 and 18A.135. 18
(5) Nothing in KRS 18A.005 to 18A.200 shall be construed as precluding appointing 19
officers from filling unclassified positions in the manner in which positions in the 20
classified service are filled except as otherwise provided in KRS 18A.005 to 21
18A.200. 22
(6) The positions of employees who are transferred, effective July 1, 1998, from the 23
Cabinet for Workforce Development to the Kentucky Community and Technical 24
College System shall be abolished and the employees' names removed from the 25
roster of state employees. Employees that are transferred, effective July 1, 1998, to 26
the Kentucky Community and Technical College System under KRS Chapter 164 27 UNOFFICIAL COPY 24 RS BR 1080
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shall have the same benefits and rights as they had under KRS Chapter 18A and 1
have under KRS 164.5805; however, they shall have no guaranteed reemployment 2
rights in the KRS Chapter 151B or KRS Chapter 18A personnel systems. An 3
employee who seeks reemployment in a state position under KRS Chapter 151B or 4
KRS Chapter 18A shall have years of service in the Kentucky Community and 5
Technical College System counted towards years of experience for calculating 6
benefits and compensation. 7
(7) On August 15, 2000, all certified and equivalent personnel, all unclassified 8
personnel, and all certified and equivalent and unclassified vacant positions in the 9
Department for Adult Education and Literacy shall be transferred from the 10
personnel system under KRS Chapter 151B to the personnel system under KRS 11
Chapter 18A. The positions shall be deleted from the KRS Chapter 151B personnel 12
system. All records shall be transferred including accumulated annual leave, sick 13
leave, compensatory time, and service credit for each affected employee. The 14
personnel officers who administer the personnel systems under KRS Chapter 151B 15
and KRS Chapter 18A shall exercise the necessary administrative procedures to 16
effect the change in personnel authority. No certified or equivalent employee in the 17
Department for Adult Education and Literacy shall suffer any penalty in the 18
transfer. 19
(8) On August 15, 2000, secretaries and assistants attached to policymaking positions 20
in the Department for Technical Education and the Department for Adult Education 21
and Literacy shall be transferred from the personnel system under KRS Chapter 22
151B to the personnel system under KRS Chapter 18A. The positions shall be 23
deleted from the KRS Chapter 151B system. All records shall be transferred 24
including accumulated annual leave, sick leave, compensatory time, and service 25
credit for each affected employee. No employee shall suffer any penalty in the 26
transfer. 27 UNOFFICIAL COPY 24 RS BR 1080
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(9) On May 1, 2017, all contract employees of Eastern Kentucky University who are 1
engaged in providing instructional and support services to the Department of 2
Criminal Justice Training shall be transferred to the personnel system under KRS 3
Chapter 18A. All records shall be transferred, including accumulated annual leave, 4
sick leave, compensatory time, and service credit for each affected employee. The 5
personnel officers who administer the personnel systems for Eastern Kentucky 6
University and under KRS Chapter 18A shall exercise the necessary administrative 7
procedures to effect the change in personnel authority. No employee shall suffer 8
any penalty in the transfer. 9
Section 2. KRS 31.010 is amended to read as follows: 10
(1) There is hereby established as an independent agency of state government[, 11
attached for administrative purposes to the Justice and Public Safety Cabinet,] the 12
Department of Public Advocacy, in order to provide for the establishment, 13
maintenance, and operation of a state-sponsored and controlled system for [: 14
(1) ]the representation of eligible[indigent] persons accused of crimes or facing legal 15
jeopardy[mental states] which may result in their incarceration,[ or] confinement, 16
or deprivation of liberty.[; and] 17
(2) The Department of Public Advocacy shall be administratively attached to the 18
Justice and Public Safety Cabinet only for those limited functions and purposes 19
expressly requested by the department to be performed by the Justice and Public 20
Safety Cabinet[The pursuit of legal, administrative, and other appropriate remedies 21
to ensure the protection of the rights of persons with disabilities, independent of any 22
agency that provides treatment, services, or rehabilitation to persons with 23
disabilities. For the purposes of this chapter, "persons with disabilities" shall refer 24
to those persons eligible for protection and advocacy services under Public Laws 25
99-319, 102-569, 103-218, 106-170, and 106-402 as amended and any other federal 26
enabling statute hereafter enacted that defines the eligible client base for protection 27 UNOFFICIAL COPY 24 RS BR 1080
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and advocacy services]. 1
SECTION 3. A NEW SECTION OF KRS CHAPTER 31 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) There is hereby established as an independent division within the Department of 4
Public Advocacy, the Division of Protection and Advocacy, in order to provide for 5
the establishment, maintenance, and operation of a state-sponsored and 6
controlled system to ensure the protection of the rights of persons with 7
disabilities, independent of any agency that provides treatment, services, or 8
rehabilitation to persons with disabilities. 9
(2) For the purposes of this chapter, "persons with disabilities" means persons who 10
are eligible for protection and advocacy services under Pub. L. Nos. 99-319, 102-11
569, 103-218, 106-170, and 106-402, as amended, and any other federal enabling 12
statute hereafter enacted that defines the eligible client base for protection and 13
advocacy services. 14
(3) The Division of Protection and Advocacy shall have the authority to pursue legal, 15
administrative, and other appropriate remedies to ensure the protection of the 16
rights of persons with disabilities. 17
Section 4. KRS 31.020 is amended to read as follows: 18
(1) The Department of Public Advocacy shall consist of the public advocate, deputy 19
public advocate, general counsel, such assistant public advocates as the public 20
advocate shall deem necessary, and such secretarial and other personnel as the 21
public advocate shall deem necessary. 22
(2) (a) The public advocate shall: 23
1. Be appointed by the Governor from a list of three (3) attorneys 24
submitted to him or her by the Public Advocacy Commission; 25
2. [shall ]Be an attorney licensed to practice law in Kentucky with at least 26
five (5) years experience in the practice of law; 27 UNOFFICIAL COPY 24 RS BR 1080
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3. [shall ]Be excepted from the classified service; 1
4. [shall ]Be the chief administrator of the Department of Public Advocacy 2
and an appointing authority as that term is defined in KRS 18A.005; and 3
5. [shall ]Serve a term of four (4) years, which is renewable, unless 4
removed by the Governor. 5
(b) The incumbent public advocate shall serve until a successor is nominated by 6
the commission and approved by the Governor. Notwithstanding KRS 7
64.640, the compensation of the public advocate shall be set annually at a 8
rate no less than that of a full-time Commonwealth's attorney under KRS 9
15.755[ by the provisions of KRS 64.640]. 10
(3) The deputy public advocate shall: 11
(a) Be an attorney;[ and] 12
(b) [shall ]Be appointed by the public advocate; and 13
(c) [shall ]Serve at the[his or her] pleasure of the public advocate. 14
Notwithstanding KRS 64.640, the compensation of the deputy public advocate 15
shall be set by the public advocate. 16
(4) The general counsel shall: 17
(a) Be an attorney;[ and] 18
(b) [shall ]Be appointed by the public advocate;[ and] 19
(c) [shall ]Serve at the[his or her] pleasure of the public advocate; and[.] 20
(d) [The general counsel shall ]Represent the interests of the department as 21
directed by the public advocate. 22
Notwithstanding KRS 64.640, the compensation of the general counsel shall be 23
set by the public advocate. 24
(5) (a) The assistant public advocates shall be attorneys, shall be appointed by the 25
public advocate, [shall be covered by the merit system, ]and shall not be 26
subject to the provisions of KRS 12.210. 27 UNOFFICIAL COPY 24 RS BR 1080
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(b) Except as provided in paragraph (c) of this subsection, assistant public 1
advocates appointed after the effective date of this Act shall be unclassified 2
employees and, notwithstanding any provision of law to the contrary, may 3
only be terminated for cause. 4
(c) Notwithstanding Section 1 of this Act, assistant public advocates employed 5
by the department on the effective date of this Act may elect to remain in the 6
classified service. 7
(d) Notwithstanding KRS 64.640, the compensation of assistant public 8
advocates shall be set by the public advocate. 9
(6) Secretarial, clerical, and other personnel shall be appointed by the public advocate 10
and shall be covered by the merit system. 11
Section 5. KRS 31.030 (Effective July 1, 2024) is amended to read as follows: 12
The authority and duties of the Department of Public Advocacy shall include but are not 13
limited to: 14
(1) Administering the statewide public advocacy system created by this chapter or by 15
any other appropriate legislation or court decision; 16
(2) Developing and promulgating standards and administrative regulations in 17
accordance with KRS Chapter 13A, rules, and procedures for administration of the 18
defense of indigent defendants in criminal cases that the public advocate, statutes, 19
or the courts determine are subject to public assistance; 20
(3) Determining necessary personnel for the department and appointing staff attorneys, 21
who shall be "assistant public advocates," and non-lawyer assistants within the 22
merit system, subject to available funding and employee allotments; 23
(4) Providing assistance and education to attorneys representing indigent persons 24
under this chapter; 25
(5) Maintaining and exercising control over the department's information technology 26
system, and working with the Commonwealth Office of Technology to ensure that 27 UNOFFICIAL COPY 24 RS BR 1080
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the department's information technology is in conformity with the requirements of 1
state government; 2
(6)[(5)] Conducting research into, and developing and implementing methods of, 3
improving the operation of the criminal justice system with regard to indigent 4
defendants and other defendants in criminal actions, including participation in 5
groups, organizations, and projects dedicated to improving representation of 6
defendants in criminal actions in particular, or the interests of indigent or 7
impoverished persons in general; 8
(7)[(6)] Issuing rules, promulgating administrative regulations in accordance with 9
KRS Chapter 13A, and establishing standards as may be reasonably necessary to 10
carry out the provisions of this chapter, the decisions of the United States Supreme 11
Court, the decisions of the Kentucky Supreme Court, Court of Appeals, and other 12
applicable court decisions or statutes; 13
(8)[(7)] Being authorized to pursue legal, administrative, and other appropriate 14
remedies to ensure the protection of the rights of persons with disabilities; 15
(9)[(8)] Being authorized to purchase liability insurance for the protection of all full-16
time public advocates, deputy public advocates, and assistant public advocates to 17
protect them from liability for malpractice arising in the course or scope of 18
employment and for the protection of attorneys with whom the Department of 19
Public Advocacy contracts to protect them from liability for malpractice arising in 20
the course or scope of the contract; 21
(10)[(9)] Being authorized to seek,[ and] apply for, and solicit funds for the operation 22
of the defense of indigent persons or protection of the persons with disabilities 23
programs from any source, public or private, and to receive donations, grants, 24
awards, and similar funds from any legal source. Those Funds shall be placed in a 25
special account for the Department of Public Advocacy and those funds shall not 26
lapse; 27 UNOFFICIAL COPY 24 RS BR 1080
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(11)[(10)] Being authorized to assign an attorney, including a conflict attorney under a 1
plan, for good cause, at any stage of representation, including trial, appeal, or other 2
post-conviction or post-disposition proceeding, including discharge revocation 3
hearings, preliminary parole revocation hearings, and conditional discharge 4
revocation hearings, regardless of whether the hearings are conducted by 5
constitutional judges or executive branch administrative law judges; 6
(12)[(11)] Filing with the Legislative Research Commission an annual report, by 7
September 30 of each year, setting forth the total number of cases assigned to the 8
department, the average number of cases per department attorney,[ all funding 9
available to the department, the average amount of state funds expended per 10
assigned case,] and any other information requested by the Legislative Research 11
Commission or that the public advocate finds necessary to inform the General 12
Assembly, the judicial or executive branches, or the public of the activities 13
conducted by the department during the previous fiscal year; and 14
(13)[(12)] Performing[Do] other activities and instituting[institute] other programs as 15
necessary to carry out the provisions of this chapter, or those decisions or statutes 16
which are the subject of this section. 17
Section 6. KRS 31.211 (Effective July 1, 2024) is amended to read as follows: 18
(1) At arraignment, the court shall conduct a nonadversarial hearing to determine 19
whether a person who has requested a public defender is able to pay a partial fee for 20
legal representation, the other necessary services and facilities of representation, 21
and court costs. The court shall order payment in an amount determined by the 22
court and may order that the payment be made in a lump sum or by installment 23
payments to recover money for representation provided under this chapter. This 24
partial fee determination shall be made at each stage of the proceedings. 25
(2) If the partial fee, or any portion thereof, is not paid by the due date, the court's order 26
shall be considered[is] a civil judgment subject to collection under Civil Rule 69.03 27 UNOFFICIAL COPY 24 RS BR 1080
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and KRS Chapter 426. 1
(3) All moneys collected by the public advocate from indigent defendants pursuant to 2
subsection (1) of this section shall be credited to the Department of Public 3
Advocacy special trust and agency account to be used to support the state public 4
advocacy system. 5
(4) If a person receives legal assistance or other benefit under this chapter to which he 6
or she is not entitled or if a person receives legal assistance under this chapter and is 7
financially able to pay for representation on the date the suit is brought, the public 8
advocate, on behalf of the Commonwealth, shall recover, where practical, payment 9
or reimbursement, as the case may be, from the person who received the legal 10
assistance or from his or her estate. Any suit seeking recovery under this 11
subsection shall be brought within five (5) years after the date on which the aid was 12
received. 13
(5) [Department of Public Advocacy ]Attorneys providing representation under this 14
chapter shall forward all information that indicates that payment or reimbursement 15
may be obtained pursuant to subsection (4) of this section to the public advocate. 16
(6) The duty of recovery contemplated by subsection (4) of this section shall extend 17
against persons who were the custodial parents or guardians of unemancipated 18
minors at the time these minors were deemed needy as defined in KRS 31.100(5)(c) 19
or (d). 20
(7) All moneys collected under this section shall be placed in a special trust and agency 21
account for the Department of Public Advocacy, and the funds shall not lapse. 22
Section 7. KRS 31.215 (Effective July 1, 2024) is amended to read as follows: 23
(1) Except for attorneys appointed pursuant to KRS 620.100, 625.041, 625.080, and 24
31.120, an[no] attorney providing representation under this chapter[employed by 25
the Department of Public Advocacy] shall not accept any fees from any source 26
other than the Department of Public Advocacy for the representation of any needy 27 UNOFFICIAL COPY 24 RS BR 1080
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person in any case or matter assigned to an attorney, or in any matter directly 1
related to a case or matter assigned[as defined in this chapter from that person or 2
anyone for his or her benefit] and the compensation[fees] for representation of that 3
person shall be limited to that which is[the fees] provided by the department. 4
Nothing in this subsection shall prohibit an attorney not employed by the 5
department from accepting fees for the representation of any person in any case 6
or matter unrelated to any case or matter that he or she has been assigned 7
under[in] this chapter. As used in this section, "fees" shall include cash, property, 8
or other pecuniary benefits of any kind. 9
(2) This section shall not apply to unsolicited gifts of de minimis value that are given 10
by or on behalf of a needy person to any attorney after the conclusion of a case or 11
matter as a token of appreciation for the work of the attorney. 12
(3) Any attorney who violates this section[employed by the Department of Public 13
Advocacy who receives or attempts to collect a fee from a needy person as 14
prohibited by subsection (1) above] shall be guilty of a Class A misdemeanor[Class 15
D felony]. 16
Section 8. KRS 31.219 (Effective July 1, 2024) is amended to read as follows: 17
(1) It shall be the duty of the attorney providing representation under this 18
chapter[employed by the Department of Public Advocacy representing a client at 19
trial] to file a notice of appeal after a trial if his or her client requests an appeal. 20
(2) After the trial attorney[ employed by the Department of Public Advocacy] has filed 21
a notice of appeal as required by the Rules of Criminal Procedure, he or she shall 22
forward to the Appeals Branch of the Department of Public Advocacy a copy of the 23
final judgment, the notice of appeal, a statement of any errors committed in the trial 24
of the case which should be raised on appeal, and a designation of that part of the 25
record that is essential to the appeal. 26
(3) Any attorney providing representation under this chapter[employed by the 27 UNOFFICIAL COPY 24 RS BR 1080
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Department of Public Advocacy who is representing a client] on an appeal and 1
who, after a conscientious examination of said appeal believes the appeal to be 2
wholly frivolous after careful examinations of the record, may request the court to 3
which the appeal has been taken for permission to withdraw from the case. The 4
attorney shall[must] file with that request a brief which sets forth any arguments 5
which might possibly be raised on appeal. A copy of the request for permission to 6
withdraw and the brief shall[must] be served upon the client in sufficient time so 7
that the client may raise any argument he or she chooses to raise. 8