{"data":{"id":"us-ky/krs-31.235","jurisdiction":"us-ky","citation":"KRS 31.235","heading":"Payment for representation upon failure of department to provide attorney","body":"-- Decision of public advocate final.\nIf a court, after finding that the Department of Public Advocacy fails to provide an\nattorney to a person eligible for represen tation under KRS Chapter 31, appoints, under\nthe court's inherent authority, an attorney to provide representation to the needy person,\nthe public advocate is hereby authorized to pay reasonable and necessary fees and\nexpenses subject to the following limitations:\n(1) No fee shall be paid in excess of the prevailing maximum fee per attorney paid by\nthe Department of Public Advocacy for the type of representation provided, and no\nhourly rate shall be paid in excess of the prevailing hourly rate paid by the\nDepartment of Public Advocacy for the type of representation provided; and\n(2) Each fee plus expenses incurred in the defense shall be presented by the defense\nattorney to the Circuit Judge who shall review the fee and expenses request and\nshall approve, de ny, or modify the amount of compensation and fee listed therein.\nAfter final approval of the fee and expenses the Circuit Judge shall, if state\ncompensation is desired, certify the amount and transmit the document to the public\nadvocate who shall review th e fee and expense request and shall approve, deny, or\nmodify the request. The request as approved or modified shall then be paid.\nRequests for payment of assigned counsel by the state shall be denied if the public\nadvocate finds that compensation is not wa rranted. The decision of the public\nadvocate in all matters of fee and expense compensation shall be final.","path":["KRS Chapter 31"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54266","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:51Z","sha256":"05d677fd21364034223d6bc14a9f36e7a585a1eb0c132c7fdb07b0510e6974c9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-31.230","next":"us-ky/krs-31.240"},"notice":"GroundRules: Original legal text. Not legal advice."}