The Advocate
Volume 21, No. 4, July 1999

Chapter 4

Findings

All too frequently, when reports are written or studies prepared on government agencies, the findings are simply a laundry list of all the things that are wrong with the program. This set of findings will begin by highlighting the many positive attributes of the Department of Public Advocacy as viewed by The Spangenberg Group in May 1999.

The following is a list of the major findings that the Blue Ribbon Group addressed in preparing a series of recommendations for "Improving Indigent Defense for the 21st Century" in Kentucky.

[Editor's note: For web page readability each finding has its own page, please click on each of the finding headings for the in depth discussion of that particular finding.]
 

Finding #1: The Department of Public Advocacy is a Solid, Efficient, and Well-Managed Program.

Finding #2: The Department of Public Advocacy Has Implemented an Impressive Plan for the 1998-2000 Biennium.

Finding #3: The Department of Public Advocacy is Effective in Indigent Defense Cost Recovery Compared to Other States.

Finding #4: The Department of Public Advocacy Ranks at, or Near, the Bottom of Public Defender Agencies Nationwide in Indigent Defense Cost-Per-Capita & Cost-Per-Case.

Finding #5: The Department of Public Advocacy Per Attorney Caseload Far Exceeds National Caseload Standards.

Finding #6: The Department of Public Advocacy Ranks At, or Near, the Bottom of Public Defender Salaries Nationwide for Attorneys at All Experience Levels.

Finding #7: All Components of the Criminal Justice System Should be Adequately Funded Particularly Public Defense. Overall the Department of Public Advocacy is Under-Funded.

Finding #8: The Department of Public Advocacy is Experiencing Other Effects of Chronic Under-Funding.

Finding #9: Without Additional General Fund Revenues, a Deficit will Occur in the Non-General Fund Account On or Before July 1, 2000.

Finding #10: The Appellate Branch is Limited in its Ability to Handle the Workload in the Court of Appeals and the Supreme Court.

Finding #11: The DPA Post-Conviction Branch is Unable to Provide Representation to Hundreds of Inmates Who Have the Right to Counsel in Kentucky.

Finding #12: As DPA Moves Toward a Fully Staffed Statewide Program, the Demands on the Law Operations Division (LOPS) Will Grow Dramatically. Currently, the Number of Staff at LOPS Will Need to be Expanded During the Implementation of PD21.

Finding #13: Compensation for Private Bar Members Who are Appointed to Conflict Cases is Among the Lowest in the Country.

Finding #14: Department of Public Advocacy Representation in Capital Cases Must Occur at the Trial, Direct Appeal, State Post-Conviction and Federal Habeas Corpus Level. As the Numbers of Death Penalty Case Filings Occur and Previous Cases Work Their Way Through the Four Stage Process, Additional DPA Resources Are Needed.



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