31.065 Local office in county with less than ten Circuit Judges discretionary -- Methods of delivering services -- Requirements if county elects -- Department's responsibility if county does not e - Kentucky Statutes

Download pdf

Loading PDF...

31.065 Local office in county with less than ten Circuit Judges discretionary -- Methods of delivering services -- Requirements if county elects -- Department's
responsibility if county does not elect. (1) (a) The fiscal court of each county or legislative body of an urban-county, charter county, or consolidated local government, except a county, urban-county,
charter county, or consolidated local government wherein the judicial district
is required to maintain a public advocate under this chapter, may provide for
the representation of needy persons by:
1. Contracting with one (1) or more attorneys, professional service
corporations, nonprofit organizations, or an association of attorneys to
provide the legal services required in this chapter, provided there are
suitable attorneys available willing to provide these services for
reasonable compensation; 2. Establishing and maintaining an office of public advocacy; or 3. Adopting any combination of the options provided for in subparagraphs
1. and 2. of this paragraph. (b) The fiscal court of a county or the legislative body of an urban-county, charter county, or consolidated local government may join with one (1) or more other
counties, urban-counties, charter counties, or consolidated local governments
in its judicial district or elsewhere or with any cities located within the county,
urban-county, charter county, or consolidated local government or counties,
urban-counties, charter counties, or consolidated local governments in
providing this representation. These agreements shall be made pursuant to the
provisions of KRS Chapter 65. (c) If it elects to establish and maintain an office of public advocacy, and if the appropriate legislative authorities and fiscal courts concerned respectively
agree on qualifications, term of office, compensation, support, and
appointment under KRS 31.071(1), the fiscal court of a county or the
legislative body of an urban-county, charter county, or consolidated local
government may join with cities within the county, urban-county, charter
county, or consolidated local government and with the legislative body of one
(1) or more other counties, urban-counties, charter counties, or consolidated
local governments to establish and maintain a joint office of public advocacy.
In that case, the participating counties, urban-counties, charter counties, or
consolidated local governments shall be treated for the purposes of this
chapter as if they were one (1) county, urban-county, charter county, or
consolidated local government. The agreements shall be made pursuant to the
provisions of KRS Chapter 65. (2) If a county, urban-county, charter county, or consolidated local government chooses not to submit a plan under subsection (1) of this section, or if a plan submitted to
the public advocate is denied as provided by KRS 31.050, then the public advocate
may establish for a county containing less than ten (10) Circuit Judges or a group of
counties a local public advocacy system by: (a) Contracting with one (1) or more attorneys, professional service corporations, nonprofit organizations, or an association of attorneys to provide the legal
services required in this chapter; provided there are suitable attorneys
available who are willing to provide those services for reasonable
compensation; or (b) Providing an office of public advocacy, which shall be staffed by an assistant public advocate who directs the office and who shall be an attorney, and any
number of assistant public advocates and other personnel necessary to perform
adequately the functions of said office. Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 283, sec. 7, effective July 15, 2002. -- Amended 1982 Ky. Acts ch. 377, sec. 3, effective July 15, 1982. -- Amended 1978 Ky. Acts
ch. 155, sec. 24. -- Created 1974 Ky. Acts ch. 358, sec. 8.