{"data":{"id":"us-ky/krs-31.100","jurisdiction":"us-ky","citation":"KRS 31.100","heading":"Definitions.","body":"The following terms and standards shall apply, subject to further definition and regulation\nby the Department of Public Advocacy:\n(1) \"Defending attorney\" means any attorney who is representing a needy or indigent\nperson;\n(2) \"Department\" means the Department of Public Advocacy;\n(3) \"Detain\" means to have in custody or otherwise deprive of freedom of action;\n(4) \"Expenses,\" when used with reference to representation under this chapter, includes\nthe expenses of investigation, other preparation, and trial, to gether with the\nexpenses of any appeal;\n(5) \"Needy person\" or \"indigent person\" means:\n(a) A person eighteen (18) years of age or older or an emancipated minor under\nthe age of eighteen (18) who, at the time his or her need is determined, is\nunable to prov ide for the payment of an attorney and all other necessary\nexpenses of representation;\n(b) A minor, under the age of eighteen (18), who is a party defendant in an action\nof being an habitual runaway from his or her parent or person exercising\ncontrol or supervision of the child brought under KRS 630.020(1) or of being\nbeyond the control of parents brought under KRS 630.020(2), and at the time\nhis or her need is determined is unable to provide for the payment of an\nattorney and all other necessary expenses of representation;\n(c) An unemancipated minor, under the age of eighteen (18), who allegedly has\ncommitted an offense as described in KRS 610.010(1), or who allegedly is\nbeyond the control of the school as described in KRS 610.010(2)(a), or who\nallegedly is an habitual truant from school as described in KRS 610.010(2)(b),\nor who allegedly is an habitual runaway as described in KRS 610.010(2)(c),\nwhose custodial parent or guardian at the time the need of the minor is\ndetermined is unable to provide for the pa yment of an attorney and all other\nnecessary expenses of representation, and who cannot personally so provide;\nor\n(d) An unemancipated minor, under the age of eighteen (18), alleged to have\ncommitted an offense as described in KRS 610.010(1) or (2)(a), (b) , or (c),\nwhose custodial parent or guardian at the time the need of the minor is\ndetermined has interests adverse to the child relevant to the charged offenses\nand who is able to provide for the payment of an attorney and all other\nnecessary expenses of r epresentation, when such representation is not\nprovided or is not consented to by the unemancipated minor;\n(6) \"Non-lawyer assistants\" shall:\n(a) Have the same meaning contemplated by SCR 3.130(5.3) \"Responsibilities\nregarding non-lawyer assistants\"; and\n(b) Be subject to the Rules of Professional Conduct and the Rules of Evidence as\nthey relate to client confidentiality, attorney -client communications, and\nattorney-client privilege.\nAll non-lawyer assistants hired by the department who are independently licensed or\ncertified shall practice under the attorney -client privilege, irrespective of other\nobligations or duties arising with their independent licenses or certifications.\nNothing in this subsection shall authorize the disclosure of confidential information\nto non-lawyer assistants within the department who are not performing duties at the\ndirection of an attorney;\n(7) \"Plan\" means an agreement between the Department of Public Advo cacy and\nattorneys for the representation of indigent persons who are entitled to\nrepresentation under this chapter and who, by reason of conflict or otherwise,\ncannot be represented by the department; and\n(8) \"Serious crime\" includes:\n(a) A felony;\n(b) A misdemeanor or offense any penalty for which includes the possibility of\nconfinement;\n(c) Any legal action which could result in the detainment of a defendant; and\n(d) An act that, but for the age of the person involved, would otherwise be a\nserious crime.","path":["KRS Chapter 31"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43330","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:51Z","sha256":"45c8030291d23d0999721f3e9eff54b4069f2e10723facb21f05a46d1cea235a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-31.090","next":"us-ky/krs-31.110"},"notice":"GroundRules: Original legal text. Not legal advice."}