KRS 31.015: Public Advocacy Commission -- Appointment -- Members -- Terms --

Compensation -- Duties.

(1) (a) The Public Advocacy Commission shall consist of the following members,

none of whom shall be a prosecutor, law enforcement official, or judge,

who shall serve terms of four (4) years, except the initial terms shall be

established as hereafter provided:

1. Two (2) members appointed by the Governor;

2. One (1) member appointed by the Governor. This member shall be

a child advocate or a person with substantial experience in the

representation of children;

3. Two (2) members appointed by the Kentucky Supreme Court;

4. Three (3) members, who are licensed to practice law in Kentucky

and have substantial experience in the representation of persons

accused of crime, appointed by the Governor from a list of three (3)

persons submitted to him or her for each individual vacancy by the

board of governors of the Kentucky Bar Association;

5. The dean, ex officio, of each of the law schools in Kentucky or his or

her designee; and

6. One (1) member appointed by the Governor from a list of three (3)

persons submitted to him or her by the joint advisory boards of the

Protection and Advocacy Division of the Department of Public

Advocacy.

(b) Any member of the commission serving prior to July 15, 2002, shall serve

until the expiration of his or her current term of office. Subsequent

appointments shall be for a term of four (4) years from the date of

expiration of the term for which his or her predecessor was appointed.

(2) At the first meeting of the commission, a drawing by lot shall be conducted to

determine the length of each original member's term. Initially there shall be four

(4) two (2) year terms, four (4) three (3) year terms, and four (4) four (4) year

terms. Vacancies in the membership of the commission shall be filled in the

same manner as original appointments. Appointments to fill vacancies

occurring before the expiration of a term shall be for the remainder of the

unexpired term.

(3) The commission shall first meet at the call of the Governor and thereafter as

the commission shall determine on a regular basis, but at least quarterly, and

shall be presided over by a chairperson elected by its members for a one (1)

year term. A majority of commission members shall constitute a quorum, and

decisions shall require the majority vote of those present; except that a

recommendation to the Governor pertaining to the appointment, renewal of the

appointment, or removal of the public advocate shall require a majority vote of

the commission. Each member of the commission shall have one (1) vote, and

voting by proxy shall be prohibited.

(4) The public advocate shall, upon appointment or renewal, be an ex officio

member of the commission without the power to vote, shall serve as secretary

of the commission, and shall be entitled to attend and participate in all

meetings of the commission except discussions relating to renewal of his or her

term or his or her removal.

(5) Commission members shall be reimbursed for reasonable and necessary

expenses incurred while engaged in carrying out the duties of the commission

and shall receive one hundred dollars ($100) per day for each meeting

attended unless prohibited by law from receiving such compensation.

(6) The commission shall:

(a) Receive applications, interview, and recommend to the Governor three

(3) attorneys as nominees for appointment as the public advocate;

(b) Assist the public advocate in drawing up procedures for the selection of

his or her staff;

(c) Review the performance of the public advocacy system and provide

general supervision of the public advocate;

(d) Assist the Department of Public Advocacy in ensuring its independence

through public education regarding the purposes of the public advocacy

system; and

(e) Review and adopt an annual budget prepared by the public advocate for

the system and provide support for budgetary requests to the General

Assembly.

(7) In no event shall the commission or its members interfere with the discretion,

judgment, or advocacy of employees of the Department of Public Advocacy in

their handling of individual cases.