Find Legal Information

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

Download pdf

31.065 Local office in county with less than ten Circuit Judges discretionary -- Methods of delivering services -- Requirements if county elects -- Department's <br>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, <br>charter county, or consolidated local government wherein the judicial district <br>is required to maintain a public advocate under this chapter, may provide for <br>the representation of needy persons by: <br>1. Contracting with one (1) or more attorneys, professional service <br>corporations, nonprofit organizations, or an association of attorneys to <br>provide the legal services required in this chapter, provided there are <br>suitable attorneys available willing to provide these services for <br>reasonable compensation; 2. Establishing and maintaining an office of public advocacy; or 3. Adopting any combination of the options provided for in subparagraphs <br>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 <br>counties, urban-counties, charter counties, or consolidated local governments <br>in its judicial district or elsewhere or with any cities located within the county, <br>urban-county, charter county, or consolidated local government or counties, <br>urban-counties, charter counties, or consolidated local governments in <br>providing this representation. These agreements shall be made pursuant to the <br>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 <br>agree on qualifications, term of office, compensation, support, and <br>appointment under KRS 31.071(1), the fiscal court of a county or the <br>legislative body of an urban-county, charter county, or consolidated local <br>government may join with cities within the county, urban-county, charter <br>county, or consolidated local government and with the legislative body of one <br>(1) or more other counties, urban-counties, charter counties, or consolidated <br>local governments to establish and maintain a joint office of public advocacy. <br>In that case, the participating counties, urban-counties, charter counties, or <br>consolidated local governments shall be treated for the purposes of this <br>chapter as if they were one (1) county, urban-county, charter county, or <br>consolidated local government. The agreements shall be made pursuant to the <br>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 <br>the public advocate is denied as provided by KRS 31.050, then the public advocate <br>may establish for a county containing less than ten (10) Circuit Judges or a group of <br>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 <br>services required in this chapter; provided there are suitable attorneys <br>available who are willing to provide those services for reasonable <br>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 <br>number of assistant public advocates and other personnel necessary to perform <br>adequately the functions of said office. Effective: July 15, 2002 <br>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 <br>ch. 155, sec. 24. -- Created 1974 Ky. Acts ch. 358, sec. 8.