KRS § 31.120 — KY Code / Title IV / Chapter 31 / Section 31.120
31.120 Determination of whether person needy -- Factors for determination -- Affidavit of indigency
Status: in_force

31.120 Determination of whether person needy -- Factors for determination --

Affidavit of indigency.

(1) (a) The determination of whether a person covered by KRS 31.110 is a needy

person shall be deferred no later than his or her first appearance in court or in

a suit for payment or reimbursement under KRS 31.211, whichever occurs

earlier.

(b) The court of competent jurisdiction in which the case is pending shall then

determine, with respect to each step in the proceedings, whether he or she is a

needy person. However, nothing shall prevent appointment of counsel at the

earliest necessary proceeding at which the person is entitled to counsel, upon

declaration by the person that he or she is needy under the terms of this

chapter. In that event, the person involved shall be required to make

reimbursement for the representation if he or she later is determined not a

needy person under the terms of this chapter.

(c) A person who, after conviction, is sentenced while being represented by a

public defender shall continue to be presumed a needy person, and the court,

at the time of sentencing, shall enter an Order In Forma Pauperis for purposes

of appeal without having to show further proof of continued indigency, unless

the court finds good cause after a hearing to determine that the defendant

should not continue to be considered an indigent person.

(2) In determining whether a person is a needy person and in determining the extent of

his or her and, in the case of an unemancipated minor under KRS 31.100(5)(c), his

or her custodial parents' or guardians' inability to pay, the court concerned shall

consider such factors as:

(a) Income;

(b) Source of income;

(c) Property owned;

(d) Number of motor vehicles owned and in working condition;

(e) Other assets;

(f) Outstanding obligations;

(g) The number and ages of his or her dependents;

(h) The poverty level income guidelines compiled and published by the United

States Department of Labor;

(i) Complexity of the case;

(j) Amount a private attorney charges for similar services;

(k) Amount of time an attorney would reasonably spend on the case; and

(l) Payment of money bail, other than a property bond of another, whether

deposited by the person or another, to secure the person's release from

confinement on the present charge of which he or she stands accused or

convicted; and

(m) Any other circumstances presented to the court relevant to financial status.

Release on bail, or any other method of release provided in KRS Chapter 431, shall

not necessarily prevent him or her from being a needy person. In each case, the

person and, if an unemancipated minor under KRS 31.100(5)(c) and (d), his or her

custodial parent or guardian, subject to the penalties for perjury, shall certify by

affidavit of indigency which shall be compiled by the pretrial release officer, as

provided under KRS Chapter 431 and Supreme Court Rules or orders promulgated

pursuant thereto, the material factors relating to his or her ability to pay in the form

the Supreme Court prescribes.

(3) The affidavit of indigency, to be subscribed and sworn to by the person and, in the

case of an unemancipated minor under KRS 31.100(5)(c), by his or her custodial

parent or guardian, shall be as set out herein and contain, at a minimum, the

following information:

"Commonwealth of Kentucky

County of................

Affiant........................., being first duly sworn says that he or she is not now represented

by private counsel and that he or she does not have the money or assets out of which to

employ one; that he or she is indigent and requests the court to appoint counsel.

Affiant states that he or she is presently (fill in the blank with one (1) of the following:

unemployed, employed full-time, employed part-time, or employed on a seasonal

basis)..............

Affiant states that his or her weekly income is ....................; and that he or she receives

(circle any of the following which apply and fill in the blank if necessary)

Welfare

Food stamps

Social Security

Workers' compensation

Unemployment

Retirement disability

Other........................

Affiant states that he or she owns the following property:

Description Value

......................... .........................

......................... .........................

......................... .........................;

Affiant states that he or she has the following dependents:

Name Age Relationship

......................... ......... .........................

......................... ......... .........................

......................... ......... .........................;

Affiant states that he or she has the following obligations:

To whom owed Amount owing

......................... .........................

......................... .........................

......................... .........................

..........................................................

Affiant understands and has been advised that he or she may be held responsible for the

payment of part of the cost of legal representation. Affiant also understands that the cost

of payment for legal representation will be determined by the judge after considering

affiant's financial condition, what private attorneys charge for similar services, how

complicated the affiant's case is, and the amount of time affiant's attorney spends on

affiant's case.

Signature of affiant

Subscribed and sworn to before me this ........ , day of ..........................., 20.....

..........................................................

Signature and title of officer

administering the oath

Perjury Warning: Affiant understands that any person knowingly making false statements

in the above affidavit shall be subject to the penalties for perjury under KRS Chapter 523,

the maximum penalty for which is five (5) years' imprisonment. Affiant declares under

penalty of perjury that he or she has read the above affidavit and that it is true and

complete to the best of his or her knowledge."