Kentucky

Public defenders ordered to take cases fromHerald Leader

A Franklin County judge has ordered public defenders to stop refusing certain types of cases because of funding problems.

The temporary injunction, which was entered Friday afternoon by Franklin Circuit Judge Thomas D. Wingate, was made at the request of lawyers for Kentucky State Treasurer Todd Hollenbach and Finance and Administration Secretary Jonathan Miller.

The executive and legislative branches are being sued by the Department of Public Advocacy, which claims that it was not provided enough funds this spring to meet its constitutional obligation to represent poor criminal defendants.

Lawmakers, who were facing budget shortfalls, cut DPA’s budget by $2.3 million, to $37.8 million, in the fiscal year that began in July.

Wingate ruled there are serious questions as to whether DPA will succeed in its litigation. He ordered public defenders to stop refusing to represent certain types of clients until the litigation is resolved.