I. 1994 Changes
House Bill 388, which was signed into law by Governor Jones on Monday, April 11, 1994, created, among other things, a state-wide public defender fund for experts and other resources.

House Bill 388 addresses the funding of expert witness fees and other direct expenses of repre-sentation, including the cost of transcripts, in cases covered by KRS Chapter 31.

Beginning July 15, 1994 the fiscal court of each county or the legislative body of an urban-county government containing less than 10 circuit judges shall annually appropriate $12.5 cents per capita of the population of the county to a special account administered by the Finance and Administrative Cabinet to pay court orders entered against counties, pursuant to KRS Chapter 31, for expert witness fees and other comparable expenses.

All court orders will be paid from this special account until the funds in the account are depleted. In any given year once the account is exhausted, the Finance and Administration Cabinet pays the remaining orders from the State Treasury in the same manner in which judgments against the Commonwealth and its agencies are paid.

The funds in the special account will not lapse and remain in the account to be used in future years. Only court orders entered after July 15, 1994 are payable from this special account.

Two KRS Chapter 31 statutes were amended as follows:

31.185 - (1) Any defending attorney operating under the provisions of this chapter is entitled to use the same state facilities for the evaluation of evidence as are available to the attorney representing the Commonwealth. If he considers their use impractical, the court concerned may authorize the use of private facilities to be paid for on court order by the county.

(2) The fiscal court of each county or leg-islative body of an urban-county government containing less than ten (1) circuit judges shall annually appropriate twelve and a half ($0.125) cents per capita of the population of the county, as determined by the Council of Local Governments' most recent population statistics, to a special account to be administered by the Finance and Administration Cabinet to pay court orders entered against counties pursuant to subsection (1) of this section. The funds in this account shall not lapse and shall remain in the special account.

(3) The Finance and Administration Cabinet shall pay all court orders entered pursuant to subsection (1) of this section from the special account until the funds in the account are depleted. If in any given year the special account including any funds from prior years is depleted and court orders entered against counties pursuant to subsection (1) of this section for that year or any prior year remain unpaid, the Finance and Administration Cabinet shall pay those orders from the Treasury in the same manner in which judgments against the Commonwealth and its agencies are paid.

(4) Only court orders entered after July 15, 1994, shall be payable from the special account administered by the Finance and Administration Cabinet or from the treasury as provided in subsections (2) and (3) of this section.

(5) Each county with a judicial district containing ten (10) or more Circuit Judges shall be solely liable for any court order entered against it pursuant to subsection (1) of this section.

31.200 - (1) Subject to KRS 31.190, any direct expense, including the cost of a transcript or bystander's bill of exceptions or other substitute for a transcript that is necessarily incurred in representing a needy person under this chapter is a charge against the county on behalf of which the service is performed; provided, however, that such a charge shall not exceed the established rate charged by the Common-wealth and its agencies.

(2) Any direct expense including the cost of a transcript or bystander's bill of exceptions or other substitute for a transcript shall be paid from the special account established in KRS 31.185(2) and in accordance with the procedures provided in KRS 31.185(3).

(3) [(2)] If two (2) or more counties jointly establish an office for public advocacy, the ex-penses not otherwise allocable among the participating counties under subsection (1) shall be allocated, unless the counties otherwise agree on the basis of population according to the most recent decennial census.

(3) [(3)] Expenses incurred in the repre-sentation of needy persons confined in a state correctional institution shall be borne by the state Department of Public Advocacy.

II. 1998 Changes

In 1998, HB 337 made two significant changes:

1) Jefferson county now contributes to the statewide expert fund. The county fiscal court no longer is responsible for paying for all expert fees for Jefferson County. Instead, the county now contributes the 12.5 cents per capita that all other counties contribute;

2) Expert expenses for cases involving incarcerated persons are now funded through the KRS 31.185 expert fund like all expert fees. Previously, DPA bore those expenses out of its budget.

Section 5. KRS 31.185 is amended to read as follows:

(1)         Any defending attorney operating under the provisions of this chapter is entitled to use the same state facilities for the evaluation of evidence as are available to the attorney representing the Commonwealth. If he considers their use impractical, the court concerned may authorize the use of private facilities to be paid for on court order by the county.

(2)         The fiscal court of each county or legislative body of an urban-county government [containing less than ten (10) Circuit Judges] shall annually appropriate twelve and a half ($0.125) cents per capita of the population of the county, as determined by the Council of Local Governments’ most recent population statistics, to a special account to be administered by the Finance and Administration Cabinet to pay court orders entered against counties pursuant to subsection (1) of this section. The funds in his account shall not lapse and shall remain in the special account.

(3)         The Finance and Administration Cabinet shall pay all court orders entered pursuant to subsection (1) of this section from the special account until the funds in the account of depleted. If on any given year the special account including any funds from prior years is depleted and court ordered entered against counties pursuant to subsection (1) of this section for that year or any prior year remain unpaid, the Finance and Administration Cabinet shall pay those orders from the Treasury in the same manner in which judgments against the Commonwealth and its agencies are paid.

(4)         Only court orders entered after July 15, 1994, shall be payable form the special account administered by the Finance and Administration Cabinet or from the Treasury as provided in subsections (2) and (3) of this section.

[(5)         Each county with a judicial district containing ten (10) or more Circuit Judges shall be solely liable for any court order entered against it pursuant to subsection (1) of this section.]

Section 6. KRS 31.200 is amended to read as follows:

(1)         Subject to KRS 31.190, any direct expense, including the most of a transcript or bystander’s bill of exceptions or other substitute for a transcript that is necessarily incurred in representing a needy person under this chapter is a charge against the county on behalf of which the service is performed; provided, however that such a charge shall not exceed the established rate charged by the Commonwealth and its agencies.

(2)         Any direct expenses including the cost of a transcript or bystander’s bill of exceptions or other substitute for a transcript shall be paid from the special account established in KRS 31.195(2) and in accordance with the procedures provided in KRS 31.195(3).

(3)         If two (2) or more counties jointly establish an office for public advocacy, the expenses not otherwise allocable among the participating counties under subsection (1) shall be allocated, unless the counties otherwise agree, on the basis of population according to the most recent decennial census.

(4)         Expenses incurred in the representation of need persons confined in a state correctional institute shall be paid from the special account established in subsection (2) of Section 5 of this Act and in accordance with the procedures provided in subsection (3) of Section 5 of this Act[borne by the state Department of Public Advocacy].