Case: Lewis v. Hollenbach

08-CI-1094 | Kentucky state trial court

Filed Date: June 30, 2008

Closed Date: May 13, 2009

Clearinghouse coding complete

Case Summary

On June 30, 2008, the plaintiffs, a group of public defenders and similarly interested organizations, 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. The plaintiffs alleged that the lack of funds would cause an insufficient number of attorneys to be available to staff cases, forcing attorneys to handle an unethical number of cases. The plaintiffs further alleged that the public d…

On June 30, 2008, the plaintiffs, a group of public defenders and similarly interested organizations, 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. The plaintiffs alleged that the lack of funds would cause an insufficient number of attorneys to be available to staff cases, forcing attorneys to handle an unethical number of cases. The plaintiffs further alleged that the public defenders had too many cases under the Kentucky Rules of Professional Conduct, and that Kentucky's public defender system would run out of money in mid-2009.

The plaintiffs developed a "service reduction plan" that would reduce their caseload and

work within the system's meager funding limits. In order to implement the plan, the Plaintiffs sought three declarations from the court: that (1) Kentucky public defenders "may . . . legally decline to accept certain appointments to represent indigent criminal defendants," (2) indigent defendants who are declined by public defenders but still subject to prosecution must be appointed private defense counsel at the state's expense, and (3) that it is "legal and proper" for Kentucky courts to order the state of Kentucky to pay for the fees of any such private defense counsel.

The 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.

On January 15, 2009, expert witness and law professor Rodney J. Uphoff submitted an affidavit in support of the Plaintiffs explaining that public defenders in Kentucky were in an ethically untenable position.

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.

Summary Authors

Blase Kearney (6/5/2012)

Elena Malik (5/17/2020)

People


Attorney for Plaintiff

Ames, Elizabeth Kenly (Massachusetts)

English, Charles E. (Kentucky)

Fleischaker, Jon L. (Kentucky)

Harrison, Jack B. (Ohio)

Attorney for Defendant

Clark, Justin D. (Kentucky)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

2009-SC-000164-TG

Docket

Monahan v. Hollenbach

Kentucky state appellate court

May 27, 2009

May 27, 2009

Docket

Notice to Judges of Service Reduction

No Court

May 28, 2008

May 28, 2008

Notice Letter

08-CI-1094

Affidavit of Rodney J. Uphoff

Jan. 15, 2009

Jan. 15, 2009

Declaration/Affidavit

2009-SC-000164-TG

Motion to Dismiss

Kentucky state supreme court

April 29, 2009

April 29, 2009

Pleading / Motion / Brief

08-CI-1094

Complaint

None

None

Complaint

Resources

Docket

Last updated Aug. 30, 2023, 1:27 p.m.

ECF Number Description Date Link Date / Link

JUDGMENT / ORIGINAL ACTION DATE: JD

NOTICE OF APPEAL: AI MOVANTS FILED MOTION TO TRANSFER. ($150.00

MOTION FOR TRANSFER: TR FILING FEE PAID) (Due Date: 4/16/2009) RESPONDENTS, TODD HOLLENBACH, IV,

RESPONSE TO REQUEST TO TRANSFER: TS KENTUCKY STATE TREASURER, AND JONATHAN MILLER, KENTUCKY SECRETARY OF FINANCE, FILED RESPONSE TO MOTION TO TRANSFER. RESPONDENTS, DAVID L. WILLIAMS, PRESIDENT OF KENTUCKY STATE SENATE AND JODY RICHARDS,

RESPONSE TO REQUEST TO TRANSFER: TS SPEAKER OF KENTUCKY STATE HOUSE OF REPRESENTATIVES, FILED RESPONSE TO MOTION TO TRANSFER. READY-

MOT./RECOMMENDATION TO TRANSFER: R6

SENT OUT FOR ASSIGNMENT: SH COURT ORDER GRANTING

REQUEST TO TRANSFER: TG (CERTIFICATION OF THE RECORD DUE MAY 20, 2009) APPELLANT'S FILED MOTION FOR LEAVE TO

MISCELLANEOUS MOTIONS: MM SUPPLEMENT MOTION TO TRANSFER. (Due Date: 5/3/2009)

** NOTE **: CK FILED 1 VOLUME COURT OF APPEALS RECORD.

MOTION TO DISMISS: MD LEGISLATIVE BRANCH, FILED MOTION TO DISMISS. (Due Date: 5/11/2009)

SCHEDULE TO MOTION DOCKET: MS

SCHEDULE TO MOTION DOCKET: MS

SCHEDULE TO MOTION DOCKET: MS APPELLANTS FILED RESPONSE IN OPPOSITION TO

RESPONSE TO MOTION TO DISMISS: ZD APPELLEES MOTION TO DISMISS. TIMELY FILED PURSUANT TO 76.40(2) ORDER GRANTED APPELLANTS' MOTION FOR ORDER SUBSTITUTING PARTIES IS GRANTED; EDWARD MONAHAN SHALL BE SUBSTITUTED FOR

MISC MOTION ORDER: OM APPELLANT ERWIN W. LEWIS AND REPRESENTATIVE GREGORY STUMBO SHALL BE SUBSTITUTED FOR APPELLEE REPRESENTATIVE JODY RICHARDS. ORDER GRANTED APPELLANTS' MOTION FOR

MISC MOTION ORDER: OM LEAVE TO SUPPLEMENT THEIR MOTION TO TRANSFER AND THE TENDERED SUPPLEMENT IS FILED. ORDER GRANTED APPELLEES' MOTION TO DISMISS

ORDER TO DISMISS: OD ACTION AS BEING MOOT AND THE APPEAL IS HEREBY DISMISSED. (Due Date: 5/23/2009)

FINALITY: FL

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Case Details

State / Territory: Kentucky

Case Type(s):

Indigent Defense

Key Dates

Filing Date: June 30, 2008

Closing Date: May 13, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are public defenders who have an over-abundance of cases under the Kentucky Code of Professional Conduct who are filing suit against Kentucky's General Assembly for not providing sufficient funding for the public defender system.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Kentucky, State

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Access to lawyers or judicial system

Funding

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload