HB254 - AN ACT relating to the Department of Public Advocacy.

2 Co-Sponsors

Amend KRS 18A.115 to exclude attorneys in the Department of Public Advocacy from classified service; amend KRS 31.010 to delete references to legal representation for persons with disabilities and make technical corrections; provide that the Department of Public Advocacy is an independent agency that is administratively attached to the Justice and Public Safety Cabinet; create a new section of KRS Chapter 31 to establish an independent division of the Department of Public Advocacy, the Division of Protection and Advocacy, to provide the protection of rights for persons with disabilities; amend KRS 31.020 to provide that the compensation of attorneys employed by Department of Public Advocacy shall be set by the public advocate; amend KRS 31.030 to require the departmant to provide assistance and education to attorneys representing indigent persons under KRS Chapter 31; delete the requirement that the department shall submit information regarding funding to the Legislative Research Commission; amend KRS 31.211 to provide that all attorneys providing representation under KRS Chapter 31 shall forward all information that indicates payment or reimbursement for legal assistance to the public advocate; amend KRS 31.215 to prohibit any attorney providing representation under KRS Chapter 31 from accepting any compensation except unsolicited gifts of de minimis value; amend to a Class A misdemeanor; amend KRS 31.219 to provide that any attorney providing representation under KRS Chapter 31 shall file a notice of appeal unless the appeal would be frivolous.