Legal Representation Public Advocacy Technical Corrections
Summary
Kentucky HB762 was passed by both chambers (91-0 House, 37-0 Senate) making technical corrections and substantive amendments to KRS Chapter 31 governing legal representation by the Department of Public Advocacy. The bill clarifies when the Department may be appointed to represent individuals, establishes fee forwarding requirements for attorneys, caps court-appointed attorney fees at $500, and directs development of a new trial attorney classification series.
What changed
The bill amends multiple sections of KRS Chapter 31 relating to public defense legal representation. Key provisions include: limiting Department of Public Advocacy representation in contempt cases to criminal prosecutions or public/status offense matters; prohibiting court appointments unless specifically authorized by statute; requiring attorneys to forward all payment or reimbursement information to the public advocate; prohibiting attorneys from accepting fees (with de minimis gift exception); and requiring attorneys to file notices of appeal when requested by clients. KRS 202A.121 is amended to cap court-appointed attorney fees at $500. The Personnel Cabinet is directed to develop a new classification series for DPA Trial Attorneys.
Compliance implications are limited as this primarily affects the Kentucky Department of Public Advocacy and court-appointed attorneys. No specific compliance deadline is stated for the statutory amendments. The changes appear to clarify existing practices and impose new procedural requirements on appointed attorneys rather than creating new obligations for outside parties.
What to do next
- Review updated KRS 31.110 to confirm Department appointment authority aligns with statutory authorization
- Update internal procedures for attorneys to forward payment/reimbursement information to the public advocate
- Note $500 fee cap for court appointments under KRS 202A.121
Source document (simplified)
ChangeBridge / Kentucky / HB762 Passed HB762 House Bill Passed 2026-03-09
AN ACT relating to legal representation.
Amend KRS 31.010 and 31.020 to make technical corrections; amend KRS 31.030 to require the annual report filed by the Department of Public Advocacy to inform the LRC and the public of the work of all divisions of the department; amend KRS 31.110 to provide that the Department shall provide legal representation to a person who is accused of being in contempt of court for noncompliance with a court-ordered obligation only when the obligation arises out of a criminal prosecution or conviction or an action or adjudication for a public or status offense; create a new section of KRS Chapter 31 to provide that the Department of Public Advocacy shall not be appointed by a court to provide legal representation unless specifically authorized by KRS 31.110; amend KRS 31.211 to provide that any attorney providing legal representation under KRS Chapter 31 shall forward all information that indicates payment or reimbursement for services to the public advocate; amend KRS 31.215 to provide that any attorney providing legal representation under KRS Chapter 31 shall not accept fees for legal representation; create an exception for unsolicited gifts of de minimis value; amend KRS 31.219 to provide that any attorney providing legal representation under KRS Chapter 31 shall file a notice of appeal after trial if requested by his or her client; amend KRS 202A.121 to provide that an attorney appointed under KRS Chapter 202A shall be paid a fee fixed by the court not to exceed $500; direct the secretary of the Personnel Cabinet to work with the Department of Public Advocacy to develop and implement a new classification series for Department of Public Advocacy Trial Attorneys; make technical corrections.
Bill Details
State Kentucky
Session 2026 Regular Session
Chamber House
Committee Rules
Official Source apps.legislature.ky.gov/record/26RS/hb762....
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Sponsors
Stephanie Dietz (Rep - R) Jason Petrie (Rep - R) Beverly Chester-Burton (Rep - D)
Action History
2026-03-31 H posted for passage for concurrence in Senate Committee Substitute (1), Floor Amendment (1) and Floor Amendment (2-title) 2026-03-31 H to Rules (H) 2026-03-31 H received in House 2026-03-31 S 3rd reading, passed 37-0 with Committee Substitute (1), Floor Amendment (1) and Floor Amendment (2-title) 2026-03-31 S posted for passage in the Regular Orders of the Day for Tuesday, March 31 2026 2026-03-27 S 2nd reading, to Rules 2026-03-26 S floor amendment (1) filed to Committee Substitute , floor amendment (2-title) filed to bill 2026-03-26 S reported favorably, 1st reading, to Calendar with Committee Substitute (1) 2026-03-24 S to Judiciary (S) 2026-03-09 S to Committee on Committees (S) 2026-03-09 S received in Senate 2026-03-06 H 3rd reading, passed 91-0 with Floor Amendment (1) 2026-03-05 H posted for passage in the Regular Orders of the Day for Friday, March 06 2026 2026-03-05 H 2nd reading, to Rules 2026-03-04 H floor amendment (1) filed 2026-03-04 H reported favorably, 1st reading, to Calendar 2026-03-02 H to Judiciary (H) 2026-02-26 H to Committee on Committees (H) 2026-02-26 H introduced in House
Votes
2026-03-06 House: Veto Override RCS# 210 Yea: 91 Nay: 0 2026-03-31 Senate: Third Reading RSN# 4096 Yea: 37 Nay: 0
Committee Referrals
2026-02-26 H Committee On Committees 2026-03-02 H Judiciary 2026-03-05 H Rules 2026-03-09 S Committee on Committees 2026-03-24 S Judiciary 2026-03-27 S Rules 2026-03-31 H Rules
Amendments
0000-00-00 House Floor Amendment 0000-00-00 Senate Committee Substitute 0000-00-00 Senate Committee Substitute 0000-00-00 Senate Committee Substitute 0000-00-00 Senate Floor Amendment 0000-00-00 Senate Floor Amendment
Bill Text Versions
0000-00-00 Introduced 0000-00-00 Engrossed
Subjects
Attorneys Courts Mental Health Public Advocate Reports Mandated State Agencies Legislative data powered by LegiScan (CC BY 4.0)
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