Funding for public defenders still in limbo
FRANKFORT — The state’s public defenders are still unsure if they will have a job come May.
Public Advocate Ed Monahan said Monday that he has met with members of Gov. Steve Beshear’s staff and they are still trying to determine if Beshear has the authority to appropriate more money to the agency that has a constitutional mandate to represent poor criminal defendants.
The agency warned state leaders earlier this year that unless the agency got more money soon the state’s public defenders would likely be out of money by the end of April. That means the agency would have to shut its doors and the criminal justice system would come to a halt.
The House and Senate had tacked on $4.7 million for the state’s public defenders in a budget “clean up” bill, but that bill died after the House decided to follow its rules and not take up any new legislation the final two days of the session, which concluded Thursday. 
House Speaker Greg Stumbo, D-Prestonsburg, and other legislative leaders said last week that funding for the state’s public defenders was a necessary government expense and the governor had the authority to give the agency additional money without legislative approval.
But Senate President David Williams, R-Burkesville, has questioned whether Beshear has the authority to move money from one pot of money — in this case possibly the Rainy Day fund — to another account. Williams has said he thinks the governor needs to blessing of the General Assembly to appropriate that money.
Monahan said his office was supplying additional financial information to the governor’s office and they were hoping that they would have an answer by Friday. Some of the financial information included how much money the agency would need to continue to operate until July 1, when the new fiscal year begins.
“I remain hopeful,” Monahan said of the negotiations, noting that Beshear is a lawyer and understands the importance of public defenders in the state’s criminal courts.
But complicating matters is a lawsuit filed by the Department of Public Advocacy against the state saying it was inadequately funded. A Franklin Circuit Court judge dismissed the lawsuit earlier this month but the case is now on appeal.
Jay Blanton, a spokesman for Beshear, said the governor is hoping that they can resolve the issue quickly
.”We are meeting with DPA officials to review potential fiscal and legal options,” Blanton said. “Some of these issues are on appeal and the subject of litigation, so it is premature to address all of these issues while that is the case. That said, the governor considers the public defenders to be a vital cog in the criminal justice system and we are moving as quickly as possible toward some resolution.”
– Beth Musgrave
Filed Under: Featured • State Government
About the Author: 
The truly sad thing is part of the funding that they already receive is in violation of the Kentucky attorney ethic rules and the Kentucky Constitution.
As it is right now; Public defenders get part of their funding based on losing cases. This is according to Representative Stivers of the Senate Judicial Committee.
Think about it. The attorney and his firm (PDA) get paid by losing their case. And we wonder why Kentucky is laughed at by just about every other state in the union.
I have little doubt that a suit is going to be filed at some point on this issue.
Bleu, your facts are wrong. DPA gets their funding based on the amount of cases they have, winning or losing does not come into play. I may disagree with how they count their cases, which increases their funding, but suggesting they get more money for losing cases is asinine.
They are not “firms” they are a department, thus DPA and not PDA which is more like making out at a bus stop.
In House Bill 148 there was a provision to make convicted individuals pay a fee of which would be given to the public defenders office (including their clients). When a private citizen brought this up to Senator Stivers at the Senate Judiciary Hearing; He stated that it was already law.
So go stick your nose in the LRC website and do some research before suggesting others comments are asinine.
And by the way; the attorneys that sat on that committee were shaking their heads yes, that it was a violation of the Kentucky attorney ethic code.
Bleu,
Where do you get your facts? Did you not know that ALL attorneys get paid, regardless of whether they win or lose. What IS in our (I am an attorney) ethics rules is that attorneys cannot charge clients based on whether or not we win the case. Look that up! If other states in the Union are laughing at Kentucky, its b/c of ignorant people like you.
Esquire
So, to sum this all up for Bleu, even private attorneys receive payments from their clients when they lose! So under Bleu’s theory, ALL practicing attorneys are in violation of the Ethics rules! LAUGHABLE!
It is called a “recoupment fee” and it doesn’t matter if the Defendant is convicted or not. What matters is how indigent they are and how much time was spent preparing/defending the case. If you are really indigent, no recoupment fee. If you are borderline, the judge has discretion to make you pay a recoupment fee.
Babybash, your logic is flawless.
“All lawyers get paid whether they win or lose?” Goodness, with such astute attorneys such as Esquire working for the state its little wonder that Kentucky is in such bad shape.
The major difference with public defenders is that they work for the state, yet are suppose to have a complete and total commitment to their clients who are not the state.
So when the public defenders loses the case for the client; the “employer” of the public defender gets to charge a fee to the client of which the public defender ultimately receives a benefit.
While not a direct conflict of interest initiated by the public defender; it is a policy which places the public defender in a conflict of interest and therefore untenable.
If the great legal minds of Kentucky can’t understand this; well then obviously the bar exam is too easy.
Williams must be loving this whole “government furlough” program and decreased government; justice is definitely taking a back seat to his “holier than though” plutocracy ideology.
Wake up and replace him also, SENATE; Kentucky will benefit!!!
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