Plaintiffs filed a petition for declaratory judgment in the Franklin County Circuit Court for Kentucky's failure to provide sufficient funding to the public defender system. Plaintiffs alleged that the lack of funds would cause an insufficient number of attorneys to be available to staff cases. Plaintiffs further alleged that the public defenders had too many cases under the Kentucky Rules of Professional Conduct.
Plaintiffs sought either to have the charges against current defendants without counsel dismissed, or for counsel to be paid out of funds from the Commonwealth's Treasury.
The Commonwealth filed a motion to transfer the case to the Kentucky Supreme Court on March 17, 2009. The Supreme Court granted the motion.
On April 28, 2009, the state filed a motion to dismiss because the 2009 budget appropriations had been certified by the legislature to include enough funding to adequately support indigent defense, rendering the cause of action moot.
On May 13, 2009, the Kentucky Supreme Court granted the motion to dismiss. The case was closed.Blase Kearney - 06/05/2012