LOUISVILLE, Ky. (WDRB) -- A Kentucky bill could bring major change to how Louisville's Public Defenders Office is funded.
House Bill 568, sponsored by Rep. Jason Nemes (R-District 33), would merge the Louisville-Jefferson County Public Defender Corporation with the Department of Public Advocacy.
Cat Vining and Morgan King are Louisville Metro Public defenders who are fighting for answers outside of the courtroom.
"The way our court system is set up is just very different from other counties," said Vining. "We have questions that we would like to have answered."
"They're still getting information together about financials, but yet, it is set to be heard by the house for a vote on Tuesday, March 7," King said.
The two said Louisville Metro Public Defenders Office operates very differently than other counties.
"There are so many justice concerns that really affect Louisville, more so than other rural Kentucky counties," said King.
"I don't know of any other county, really, that is as consistently busy as us in that same way. I mean, again, we handle a quarter of all cases in the entire Commonwealth that are assigned to public defender, that's a huge amount for one county," Vining said.
Right now, Louisville's public defenders are funded by the state and Metro Government, but HB 568 would remove the funding from the city.
"We are living in a time when, you know, the cabinet is a statewide system and doesn't have enough resources," Vining said.
Both Vining and King said it's not clear where the funding will be made up.
"We're still having questions on how this will affect our clients' representation, specifically, when it comes to the funding," said King.
Metro's Chief Public Defender Leo Smith said, in part, he has not been in contact with lawmakers, but this has been an ongoing conversation for decades.
"Jason Nemes said that he's been in conversations with our boss, Leo Smith," Vining said.
Smith believes what prompted HB 568 is "issues raised at the Metro Council Budget Committee hearing last May after the IBEW Local 369 contacted certain members of the Council to question me in support of the unionization efforts of our staff."
"We organized for our clients, and to do best by them," said King.
Louisville Public Defenders voted 32-5 to unionize last year. They were able to do so with the National Labor Relations Board because funding from both the state and the city designates them as a nonprofit, not state employees.
It's unclear what the passage of HB 568 could mean for their union efforts.
"I hope that the state legislator will reach out to us in Louisville," King said. "Whatever happens with this bill, there needs to be communication on how to best represent the clients through it all."
The bill's introduction comes as the union is still in negotiations on a contract with management, which have been ongoing since July 2022. Attorneys said they voted to unionize because they felt overworked and saw attorneys leaving at a rapid rate.
As of January 20, there had been around 50 proposals made by the public defenders during bargaining meetings.
Read Smith's full statement regarding HB 568 below:
“I have not had any communication with the sponsors or any legislators about these bills, but I was not surprised the legislation was proposed -- it has been discussed frequently between Frankfort and Louisville for decades. I assume it was prompted this time by the issues raised at the Metro Council Budget Committee hearing last May after the IBEW Local 369 contacted certain members of the Council to question me in support of their unionization efforts of our staff. During the course of the hearing, several questions were asked about KRS Chapter 31, which led to inquiries about why Louisville-Jefferson County is required to fund our office considering the fact that the provision of counsel in criminal prosecutions is a constitutional mandate that applies to the state, not local government. Given that Jefferson County is the only county in the state that is statutorily obligated to fund its Public Defender office, I was asked questions about why it was singled out and whether KRS 31.060 is special legislation that imposes an unlawful, unfair burden on Jefferson County to pay for what is clearly a state obligation and responsibility. Because these issues were raised at that hearing, it is not surprising that concerned members of Metro Council would contact state legislators to address these legal issues, especially in view of Metro Government’s tight budget and revenue needs.
I watched Wednesday’s Judiciary Committee hearing at which HB 568 was presented and former Public Advocates Ernie Lewis and Ed Monahan testified about the decades-long effort to unify indigent defense services throughout the state under DPA. The only other separate program besides Jefferson County’s was in Fayette County, and that was converted and merged into the state system approximately 15 years ago. It has always been a question of when, not if, our program would merge with the state. I am proud of the reputation our office has earned over the past 50+ years, our many awards and accomplishments, and the high quality, effective representation we have provided to our clients. Regardless of the merger and when it occurs, I will continue my commitment to our mission on behalf of the poor and needy in this community. I know DPA shares that commitment.”
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