New Madisonville Office Opens

Madisonville Public Defender Office moves to old courthouse to serve clients and the community better

(June 11, 2013) To serve clients and the community better, the Department of Public Advocacy (DPA) has moved the Madisonville Public Defender Office led by Eric Stovall to the old courthouse at 10 S. Main Street, 3rd floor, Madisonville, KY 42431, 270-824-7001. The Madisonville public defender employees are: Eric Stovall, Directing Attorney;  Tonya Rickard, Administrative Specialist;  Christy Givens, Legal Secretary; Darlene Walters, Investigator;  Shannon Dzikowski, Office Assistant; Rena Richardson, Social Worker;  and Staff Attorneys, Amie Martinez, Lucien Cisney, Mandy Perkins, Nathan Moorhouse, and Kenneth Root. The Madisonville Public Defender Office represents clients in district, circuit, and family courts in Hopkins, McLean and Muhlenberg counties doing misdemeanor, felony and capital cases upon appointment by the court. Last fiscal year, the Office opened 2,632 new cases, an average of 398 cases per attorney. [cont'd - read full press release here]

A half century ago the Kentucky Supreme Court held that "common justice demands" that an attorney must be appointed when a person charged with a felony is too poor to hire his own counsel. Gholson v. Commonwealth, 212 S.W.2d 537 (Ky. 1948). In the 1960s Kentucky attorneys began to request compensation when they were forced to represent indigents charged with a crime. In 1963, the United States Supreme Court determined that if a state wants to take away a person's liberty, it has to provide an attorney to those persons too poor to hire their own in order to comply with the Federal Constitution. Gideon v. Wainwright, 372 U.S. 335 (1963). While consistently unsuccessful in convincing Kentucky's highest Court that the judiciary could and should order payment, Kentucky's appointed attorneys did persuade the Kentucky Supreme Court to the point that the Court began to directly encourage the General Assembly to provide a systematic solution for paying the attorneys who were being made to represent the accused.

On September 22, 1972, Kentucky's highest Court characterized the forced representation of indigents as an "intolerable condition" and held it was an unconstitutional taking of an attorney's property - his service to the client - without compensation. From then on no Kentucky attorney could be required to represent an indigent absent compensation. Bradshaw v. Ball, 487 S.W.2d 294 (Ky. 1972).

While the appeal in Bradshaw was pending, the 1972 Legislature, at the request of Governor Wendell Ford, created the Office of Public Defender, now the Department of Public Advocacy (DPA), and gave it the responsibility to represent all persons in Kentucky charged with or convicted of a crime. House Bill 461 sponsored by Representatives Kenton, Graves and Swinford passed the House 60-18 on March 7, 1972 and the Senate 26-5 on March 14, 1972. It allocated $1,287,000 for FY 73 and FY 74.