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Committee approves bill to concentrate public-defense resources on cases with incarceration risk
Summary
House Bill 762 would let the Department for Public Advocacy focus its attorneys on cases where incarceration is likely, while directing certain contempts and family-court matters to appointed private counsel paid by the finance cabinet; the committee passed the bill after assurances the right to counsel remains intact.
Representative Stephanie Deetsz presented House Bill 762 as a multi-year effort, developed with the Kentucky Department for Public Advocacy, to better allocate public-defense resources so DPA attorneys can focus on cases where loss of liberty is a realistic risk.
"House Bill 762 allows the Department of Public Advocacy to concentrate its representation on cases where incarceration is a real possibility," Representative Stephanie Deetsz said, describing the bill as intended to reduce time pressures that strain public defenders.
Damon Preston, the Commonwealth’s public advocate, told the committee his office supports the bill and has worked with sponsors through multiple drafts. "What you have before you is something that we fully support," he said.
Members raised concerns about whether the bill would affect contempt proceedings in family and civil courts and whether Gideon rights remain intact. Sponsor and staff clarified that direct or indirect contempt connected to criminal cases would remain under DPA representation and that the right to counsel is not being removed; for certain family- or civil-court contempts, private attorneys could be appointed and paid by the finance cabinet to preserve DPA capacity for felony work.
Several lawmakers thanked Damon Preston for his service and praised the sponsor for shepherding the bill through years of work. The committee recorded 19 yes votes and no no votes and favorably passed HB 762.
