Experts & Resources Necessary for Competence. No major undertaking in life can be done well without the proper resources and expertise, whether it be building a house, healing our bodies, or defending a citizen accused of or convicted of a crime.

Criminal defense work requires resources to investigate, test, consult and present testimony on such things as psychological aspects of the client, forensic evidence presented by the prosecution, and suppression of evidence. Expert help is also required so we can competently cross-examine prosecution experts, and rebut prosecution evidence.

Obtaining the money to be able to employ the necessary experts and the needed resources is often a high priority since so many possibilities are created when we have the means to fully investigate and defend the case. In many ways, experts and resources are as important as the right to counsel. Experts and resources are the fingers of the guiding hand of counsel.

Persuading and Preserving. The needed money can be obtained from the client or his family and friends. But when the client does not have or cannot procure the money, criminal defense lawyers in most states must turn to the courts for the funds.

As with most things that make a real difference in the results of a criminal case, defense attorneys have to fight hard to persuade a judge to authorize funds for experts and other necessary resources. The process of persuading must be done in a way that will convince the judge. If we lose, it must be done in a way to create a persuasive record for success on further review.

Statewide Fund Underutilized. Kentucky's relatively new statewide expert and resource fund, KRS 31.185(2) and (3), provides a reliable, ready source for funding appropriate requests. Currently, it is not being fully used by defense attorneys.

A Product of Many. The following information about funds for resources is an attempt to make the favorable law and authority available to those advocating for funds for resources in the defense of indigents. This Manual is the product of many criminal defense advocates. We thank them for their help. It is a work in process. Please give us any additions you think helpful for the next edition.

Tina Meadows. The significant word processing and desktop publishing work of this Manual has been done by Tina Meadows. We owe her thanks for making this information so reader friendly.

       EDWARD C. MONAHAN, Editor
       April 1999