FISCAL COURT v. DEPT. OF PUBLIC ADVOCACY

No. 89-SC-71-DG.

794 S.W.2d 162 (1990)

LINCOLN COUNTY FISCAL COURT, Appellant, v. DEPARTMENT OF PUBLIC ADVOCACY, COMMONWEALTH OF KENTUCKY, Appellee.

Supreme Court of Kentucky.

Rehearing Denied September 27, 1990.


Attorney(s) appearing for the Case

James W. Williams, III, Lincoln County Atty., Stanford, Dennis L. Mattingly, Williams & Wagner, Louisville, for appellant.

J. Vincent Aprile, II, Asst. Public Advocate Gen. Counsel, Frankfort, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed an order of the circuit court which had required the Department of Public Advocacy to pay for the costs of private mental health experts in the defense of an indigent imprisoned defendant.

The issue is who is responsible to pay for an indigent defendant's mental health experts when that defendant is confined in a state correctional institution.

At the time...

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