Without proper funding, public defenders and court-appointed counsel must face ever-burgeoning caseloads without adequate support services. As such, we recommend that the Department of Public Advocacy receive a significant increase in funding to bring Kentucky into the median range of comparable states in regards to indigent defense cost-per-case and cost-per-capita.

As stated in Chapter 4, Kentucky ranked last in cost-per-case out of the twelve states for which we obtained FY 1998 information. Once again, Kentucky ranked sixth in total cases and eleventh in total expenditure. If the DPA were to receive an $11.7 million increase (up to $30,723 million), Kentucky would move to number seven of the list of comparable states in regard to indigent defense expenditure (See Table 5.1). Such an increase would raise the state’s cost-per-case figure to $303.56. This new cost-per-case figure would only move Kentucky to ninth on the list.

Two factors must be considered in such an analysis. First, the new Kentucky cost-per-case figure was determined using FY 1998 caseloads which are expected to increase in future years. Second, as the DPA receives an increase in indigent defense expenditure, the other survey states too will receive increases. As such, Kentucky’s expenditure increase is even more reasonable.

The $11.7 million increase will also raise Kentucky’s cost-per-capita figure ($7.91). Under such a scenario, Kentucky would move to eighth on the list of comparable states. This again is appropriate considering that Kentucky would rank seventh in both population and indigent defense expenditure.
 
 

The conclusion to be drawn from these figures is that an increase in the DPA’s funding is both necessary and reasonable. Kentucky currently ranks at, or near, the bottom of both cost-per-case and cost-per-capita statistics. Supplementing the DPA budget by $11.7 million will bring Kentucky up to a more comparable position on the national scene, and equip public defenders with the resources they need to provide competent representation.
 
 

Recommendation #3:		The Full-Time System Should be Completed.
Recommendation #4:		Higher Salaries Should Be Paid to Defenders and Prosecutors; Salary Parity is the Goal.
Recommendation #5:		Loan Forgiveness Programs Should Be Made Available to Prosecutors and Defenders.
Recommendation #6:		Full-Time Trial Staff Should Be Increased to Bring Caseloads Per Attorney Closer to the National Standards. The Figure Should Be No More Than 350 in Rural Areas and 450 in Urban Areas.
Recommendation #7:		The Department of Public Advocacy and the Court of Justice Must Increase their Efforts to Collect Reasonable Fees from Public Defender Clients, Including Considering the use of Private Collection Organizations.
Recommendation #8:		Prosecutor and Defender Increases Should be Considered when a Judicial Position is Added.
Recommendation #9:		It is Important that Public Defender Counsel be Available to Children in Juvenile Court Proceedings.
Recommendation #10:		It is Imperative that Kentucky Reasonably Fund Indigent Capital Defense both at the Trial and Post-Trial Levels.
Recommendation #11:		Public Defender Services are Constitutionally Mandated while Resources are Scarce. It is Important for all Eligible Persons who want to be Represented by a Lawyer, but only those who are Eligible to be Appointed a Public Defender. The Court of Justice, and Especially AOC and DPA are Encouraged to Work Cooperatively to Ensure Appropriate Public Defender Appointments.
Recommendation #12:		The $11.7 Million Additional Funding for Each of the 2 Years Is Reasonable and Necessary to Meet DPA’s Documented Funding Needs as Described in PD21. * See Appendix C.

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^17. Florida’s FY98 data includes assigned counsel cases.  Expenditure data for assigned counsel is unavailable.  If assigned counsel expenditure data was available, FL’s cost-per-case would be higher.