Ky. Cir. Ct. Clerks' Manual PUBLIC ADVOCATE APPOINTMENTS

79 PUBLIC ADVOCATE APPOINTMENTS

KRS 31.100(4)(c) - 31.120; KRS 31.211

District and Circuit Courts

79.1 Criminal Case

1. When the judge appoints the Department of Public Advocacy to

represent a defendant and a signed Order of Appointment is received,

apply the ENTERED stamp; add the date and your initials.

2. Enter on a document screen. Use document type OAPAD.

3. Add the public defender as a party to the case using party type APA.

4. Give notice of entry by distributing copies of the order as indicated on

the bottom of the form. For more information, see Notice of Entry.

79.1.1 Defendant Eligible To Pay Legal Services

If the court determines that the defendant is able to pay for legal services,

the court may order the defendant to pay a partial fee, either in a lump sum

or by installment payments. KRS 31.120(3); KRS 31.211.

AOC Form 206, Partial Fee Order or AOC Form 350, Indigent Financial

Statement; Counsel Request; Affidavit and Order (for Criminal Proceedings),

may be used for this purpose.

1. When an order is received; apply the ENTERED stamp, add the date and

your initials.

2. Enter on a document screen. Use document types:

AOC Form 206: ORCP

AOC Form 350: AI & OI

3. Give notice of entry by distributing copies of the order as indicated on

the bottom of the form. For more information, see Notice of Entry.

NOTE: The defendant must make court ordered payments through your

office, KRS 31.211(1); give a receipt. You are required to accept

payments whether in full or in installments. For further instructions, see

the Accounting Manual.

Quick Reference

Enter, date, initial

Document type

OAPAD

Party type APA

NOE

AOC Form 206

AOC Form 350

Enter, date, initial

Document types:

AOC 206: ORCP

AOC 350: A1 & OI

NOE

PUBLIC ADVOCATE APPOINTMENTS

79.1.2 Payment of Necessary Expense in Defense of Indigent

If requested, provide the public advocate with AOC Form 207, Order for Quick Reference

Recovery of Necessary Expense in Defense of Indigent. AOC Form 207

1. When a signed order is received, apply the ENTERED stamp; add the

date and your initials. Enter, date, initial

2. Enter on a document screen. Because of the confidentiality clause

Document type SD

contained in the form, the order must be sealed within the case file.

Memo OPE

Use the document type SD. Memo OPE (Order for Recovery of

Pauper Expenses.) Give NOE

3. Give notice of entry by distributing copies of the order as indicated on

the bottom of the form.