31.120 Determination of whether person needy -- Factors for determination -- Affidavit of indigency.
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31.120 Determination of whether person needy -- Factors for determination --
Affidavit of indigency.
(1) The determination of whether a person covered by KRS 31.110 is a needy person
shall be deferred no later than his first appearance in court or in a suit for payment <br>or reimbursement under KRS 31.211, whichever occurs earlier. Thereafter, the <br>court concerned shall determine, with respect to each step in the proceedings, <br>whether he is a needy person. However, nothing herein shall prevent appointment of <br>counsel at the earliest necessary proceeding at which the person is entitled to <br>counsel, upon declaration by the person that he is needy under the terms of this <br>chapter. In that event, the person involved shall be required to make reimbursement <br>for the representation involved if he later is determined not a needy person under <br>the terms of this chapter.
(2) In determining whether a person is a needy person and in determining the extent of
his, and, in the case of an unemancipated minor under KRS 31.100(3)(c), his <br>custodial parent's or guardian's inability to pay, the court concerned shall consider <br>such factors as: <br>(a) Income; <br>(b) Source of income; <br>(c) Property owned; <br>(d) Number of motor vehicles owned and in working condition; <br>(e) Other assets; <br>(f) Outstanding obligations; <br>(g) The number and ages of his or her dependents; <br>(h) The poverty level income guidelines compiled and published by the United
States Department of Labor;
(i) Complexity of the case; <br>(j) Amount a private attorney charges for similar services; <br>(k) Amount of time an attorney would reasonably spend on the case; and <br>(l) Payment of money bail, other than a property bond of another, whether
deposited by the person or another, to secure the person's release from <br>confinement on the present charge of which he or she stands accused or <br>convicted; and
(m) Any other circumstances presented to the court relevant to financial status.
Release on bail, or any other method of release provided in KRS Chapter 431, shall <br>not necessarily prevent him from being a needy person. In each case, the person, <br>and, if an unemancipated minor under KRS 31.100(3)(c) and (d), his custodial <br>parent or guardian, subject to the penalties for perjury, shall certify by affidavit of <br>indigency which shall be compiled by the pretrial release officer, as provided under <br>KRS Chapter 431 and Supreme Court Rules or orders promulgated pursuant <br>thereto, the material factors relating to his ability to pay in the form the Supreme <br>Court prescribes.
(3) The affidavit of indigency, to be subscribed and sworn to by the person, and, in the
case of an unemancipated minor under KRS 31.100(3)(c), by his custodial parent or <br>guardian, shall be as set out herein and contain, at a minimum, the following <br>information:
"Commonwealth of Kentucky <br>County of................ <br>Affiant........................., being first duly sworn says that he or she is not now represented <br>by private counsel and that he does not have the money or assets out of which to employ <br>one; that he or she is indigent and requests the court to appoint counsel. <br>Affiant states that he or she is presently (fill in the blank with one (1) of the following: <br>unemployed, employed full-time, employed part-time, or employed on a seasonal <br>basis).............. <br>Affiant states that his or her weekly income is ....................; and that he or she receives <br>(circle any of the following which apply and fill in the blank if necessary) <br>Welfare <br>Food stamps <br>Social Security <br>Workers' compensation <br>Unemployment <br>Retirement disability <br>Other........................ <br>Affiant states that he or she owns the following property: <br>
Description
Value
.........................
.........................
.........................
.........................
.........................
.........................;
Affiant states that he or she has the following dependents: <br>
Name
Age
Relationship
.........................
.........
.........................
.........................
.........
.........................
.........................
.........
.........................;
Affiant states that he or she has the following obligations: <br>
To whom owed
Amount owing
.........................
.........................
.........................
.........................
.........................
.........................
..........................................................
Affiant understands and has been advised that he or she may be held responsible for the <br>payment of part of the cost of legal representation. Affiant also understands that the cost
of payment for legal representation will be determined by the judge after considering <br>affiant's financial condition, what private attorneys charge for similar services, how <br>complicated the affiant's case is, and the amount of time affiant's attorney spends on <br>affiant's case. <br>
Signature of affiant
Subscribed and sworn to before me this ........ , day of ..........................., 20..... <br>
..........................................................
Signature and title of officer
administering the oath
Perjury Warning: Affiant understands that any person knowingly making false statements <br>in the above affidavit shall be subject to the penalties for perjury under KRS Chapter 523, <br>the maximum penalty for which is five (5) years' imprisonment. Affiant declares under <br>penalty of perjury that he or she has read the above affidavit and that it is true and <br>complete to the best of his or her knowledge."
Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 283, sec. 12, effective July 15, 2002. -- Amended
1998 Ky. Acts ch. 491, sec. 3, effective July 15, 1998. -- Amended 1994 Ky. Acts <br>ch. 395, sec. 2, effective July 15, 1994. </p>
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