Filed Date: June 30, 2008
Closed Date: May 13, 2009
Clearinghouse coding complete
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)
Ames, Elizabeth Kenly (Massachusetts)
English, Charles E. (Kentucky)
Fleischaker, Jon L. (Kentucky)
Harrison, Jack B. (Ohio)
Clark, Justin D. (Kentucky)
Last updated Aug. 30, 2023, 1:27 p.m.
State / Territory: Kentucky
Case Type(s):
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):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Access to lawyers or judicial system
Jails, Prisons, Detention Centers, and Other Institutions: