Chapter 18: Sample AOC & Defender Tendered Order for Funds for Resource

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AOC-207 Doc. Code: OPE
Rev. 11-95

Commonwealth of Kentucky
Court of Justice

KRS Chapter 31

Order For Recovery

Of Pauper Expenses

Case No.____________________________

Court_______________________________

County_____________________________

COMMONWEALTH OF KENTUCKY PLAINTIFF

VS.

_________________________________________________ DEFENDANT
 


* * * * * * * * * * * *

The Court, having found certain requested expenses to be reasonably necessary, and the Court having made the following findings as required by law:

  1. That the said expenses are reasonably necessary to the presentation of the defense and for a full and fair hearing;
  2. That the expense is one which would be a "county expense" under KRS Chapter 31;
  3. That the defendant has shown in what manner he expects to be assisted in his defense through the requested funding; and,
  4. That the defendant has demonstrated that the use of any available state facilities is impractical;
IT IS HEREBY ORDERED AND ADJUDGED, pursuant to KRS 31.100(2), 31.110(2), 31.160(1)(B), AND 31.200(1), that this expense

is the statutory responsibility of ____________________ County and that the Finance and Administration Cabinet shall pay

_______________________________________________________________________________________________________

(Name)
_______________________________________________________________________________________________________
(Address)

The sum of ___________________________ from either the special account maintained or from the Treasury as directed in KRS 31.185(3), and such payment shall be made on or before ______________________________________, 20____.

IT IS FURTHER ORDERED that those performing necessary services on behalf of the defendant pursuant to this order shall document all expenses, and in the case of expert services rendered, the time involved and the hourly rate for those services all of which shall be maintained confidentially by the trial court and the Cabinet. Such documentation shall be forwarded to the Finance and Administration Cabinet at the conclusion of the case. This Court reserves the right to monitor compliance with the terms of this order.

IT IS FURTHER ORDERED that the Finance and Administration Cabinet shall maintain this order and the contents thereof in a manner insuring confidentiality and precluding unauthorized disclosures and shall disclose information about the order and its content or the order itself only to the judge presiding over the case, the attorney for the defendant, and the payee, ____________________________________________, unless directed to do otherwise by order of this Court. All authorized disclosures must be made in a manner which insures confidentiality and precludes inadvertent disclosures to unauthorized persons.

Entered this _______________day of _____________________, 20____.

________________________________________

                                                                                                                        Judge

DISTRIBUTION:

Court Clerk
Finance and Administration Cabinet
Attorney for Defendant/Defendant

---------------------------------------------------------------------------------------------------------------------------------------------------------

COMMONWEALTH OF KENTUCKY
___________ CIRCUIT COURT
INDICTMENT NO. _________________



COMMONWEALTH OF KENTUCKY                                                                 PLAINTIFF
 
 

VS.                                                        ORDER PURSUANT TO KRS 31.185

DIRECTING THE FINANCE AND ADMINISTRATION CABINET
TO PAY REASONABLY NECESSARY EXPENSES IN DEFENSE OF INDIGENT DEFENDANT


___________________                                                                                     DEFENDANT
 


* * * * * *

The Court, having found certain requested expenses to be reasonably necessary, and the Court having made the following findings as required by law:

1. That the expenses are reasonably necessary to the presentation of the defense and for a full and fair hearing;

2. That the expense is one which would be a "county expense" under KRS Chapter 31;

3. That the defendant has shown in what manner he expects to be assisted in his defense through the requested funding; and,

4. That the defendant has demonstrated that the use of any available state facilities is impractical;

5. That the defendant is a needy person as defined in KRS Chapter 31.

IT IS HEREBY ORDERED AND ADJUDGED, pursuant to KRS 31.185, 31.100(2) and 31.110(2) that this

expense is the statutory responsibility of _________________ County and that the Finance and Administration

Cabinet shall pay [vendor]_________________________ [address]_________________

_______________________________ the sum of _____________________________ from either the

special account or from the Treasury as directed in KRS 31.185, and such payment shall be made on or before

__________________________________, ________.

IT IS FURTHER ORDERED that those performing necessary services on behalf of the defendant pursuant to this order shall document all expenses, and in the case of expert services rendered, the time involved and the hourly rate for those services all of which shall be maintained confidentially by the trial court and the Cabinet. Such documentation shall be forwarded to the Finance and Administration Cabinet at the conclusion of the case. This Court reserves the right to monitor compliance with the terms of this order.

IT IS FURTHER ORDERED that the Finance and Administration Cabinet shall maintain this order and the contents thereof in a manner insuring confidentiality and precluding unauthorized disclosures and shall disclose information about the order and its contents or the order itself only to the judge presiding over the case, the attorney for the defendant, and the payee, ______________________________________, unless directed to do otherwise by order of this Court. All authorized disclosures must be made in a manner which insures confidentiality and precludes inadvertent disclosures to unauthorized persons.

Entered this _______ day of __________________, 19_______.

Attach invoice showing services performed, dates, vendor number

__________________________________

JUDGE, _____________ CIRCUIT COURT

DISTRIBUTION:

Finance and Administration Cabinet
Attorney for Defendant
 


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