LOUISVILLE, Ky. (WDRB) -- Kentucky Gov. Andy Beshear vetoed a bill that would merge the Louisville-Jefferson County Public Defender Corporation with the state Department of Public Advocacy (DPA).
The Louisville-Jefferson County Public Defender Corporation operates as a nonprofit, receiving funding from both Louisville Metro Government and DPA. House Bill 568 aimed to cut the funding from Metro Government and finalize the merger by July 2024.
Staff attorneys in the Louisville office said it had not been clear during the legislative process how the state would offset the funding from Metro Government.
In his veto message, Beshear said: "House Bill 568 appears to have been motivated by a desire to retaliate against attorneys in the Louisville Metro Public Defender's Office for their efforts to unionize. While it may be advisable to merge the Louisville Metro Public Defender's Office into the Department of Public Advocacy at some point in the future, it should not bed one hastily for the wrong reasons without any analysis of budgetary impact."
Louisville Public Defenders voted to unionize in January 2022 in a 32-5 vote and have been in negotiations with management since July 2022.
In response to Beshear's veto, the majority of staff at the Louisville Public Defender's Office, including attorneys, investigators, social workers and paralegals, said in a statement:
“We appreciate Governor Beshear hearing the concerns from the employees of the Louisville Public Defender’s Office and vetoing HB 568. We agree with his statement that this merger should not be done hastily with no analysis of the budgetary impact. We hope any discussions on a merger between the Louisville Public Defender’s Office and the Department of Public Advocacy going forward include a financial and transitional plan with meaningful input from all stakeholders.”
Staff attorney's Cat Vining and Morgan King told WDRB previously that staff had not been part of any conversations or had questions answered around House Bill 568, leaving them unsure about funding, and how the transition process would look.
"No one seems to know anything about the financials," Vining said. "For us, that's very, very concerning. That's our pay. Those are our benefits."
Vining said around 44% of the office's funding comes from Metro Government, and there's concern if the DPA could adequately fund its office.
There is also confusion about the attorney's pensions.
"The pension plan, and how that would work being part of the state system, because as of right now, the local public defender's office operates outside of the state system when it comes to their pension benefit," King said.
In a joint statement, the Kentucky Public Advocacy Commission and Louisville-Jefferson County Public Defender Corporation (separate from the staff statement) said HB 568, "represents the culmination of a decades-long effort to unify the statewide public defender system and consolidate indigent defense services in Kentucky under the Department of Public Advocacy."
The statement continues:
"The leadership of both DPA and the Louisville office has already initiated plans to discuss the implementation of this legislation. They intend to work collaboratively and effectively to accomplish a smooth, seamless transition that serves the interests of all, including the staff and the Courts, but most importantly our indigent clients. Now is the right time to make the merger and consolidation a reality – we have seasoned, capable, well-motivated leadership in place at both offices; the financial situation and legislative support is optimal; the state employee reclassification process is underway; and the challenges facing public defense, now and in the future, must be proactively addressed and resolved without further delay."
The joint statement is signed by Cortney E. Lollar, chair of the Kentucky Public Advocacy Commission and Margaret E. Keane, chair of the Board of Directors of the Louisville-Jefferson County Public Defender Corporation.
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