In 1989, a criminal defendant in Kentucky filed suit in the United States District Court for the Western District of Kentucky against the Department of Public Advocacy (DPA) under 42 U.S.C. §1983 and Kentucky state law claiming that DPA's decision to limit attorney compensation to $2500 violated her rights to due process, equal protection and effective counsel. As a result of this, plaintiff claimed that she was disadvantaged in prosecuting her appeal of five death sentences in the Kentucky Supreme Court. Plainitiff also alleged that the state refused to provide her with a written transcript of her criminal trial. Plaintiff sought both declaratory and injunctive relief, asking that the court order DPA to pay reasonable attorney's fees and to provide her with a written transcript of video testimony. Plaintiff is represented by an appointed attorney.

The District Court dismissed her claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the grounds that she lacked standing. The District Court abstained from deciding the transcript issue holding that since there is a criminal prosecution currently pending, Younger v. Harris 401 U.S. 37 requires noninterference by a Federal Court.

On March 22, 1990, the Court of Appeals (Kennedy, J.) affirmed the District Court's ruling, but found that it should have also abstained from deciding the attorney compensation issue on the same grounds as it did the video transcript. On May 4, 1990 rehearing was denied.

Dayna Frenkel - 03/02/2009


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