PD’s office draws line in wake of budget cuts

From the Lexington Herald-Leader (KY):

The state’s chief public defender is asking judges to order the state Finance and Administration Cabinet to pay for private lawyers for poor criminal defendants because his agency can no longer afford to represent them.

In a letter to judges released Wednesday, public advocate Ernie Lewis warned that public defenders will begin refusing certain types of cases starting July 1 as a result of the $2.3 million budget cut approved this spring by the General Assembly.

Lewis said the Department of Public Advocacy cannot afford to fill about 40 vacancies. With caseloads already at unethically high levels, Lewis said, public defenders cannot take on additional cases.

“The dilemma that now exists is that the Commonwealth of Kentucky is obligated to provide counsel to poor people charged with crimes, but the legislature has failed to fund that obligation,” Lewis wrote. “DPA will assert that the solution to this is for courts to enter orders requiring the Commonwealth to pay for private counsel.”

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