Kentucky Bar Ass'n v. An Unnamed Attorney

LAMBERT, Justice.

The issue presented in this case is whether a participant in the public defender program on a part-time basis may accept a fee for legal services rendered to his client provided he is first relieved by the court of his duty to represent the client as a public defender. The trial commissioner appointed by the KBA found, with reluctance, against respondent. The Board of Governors reached a different result and unanimously voted to acquit respondent of the charges. On our own motion, this Court took review of the case.

Criminal defendant Smith had recently been convicted of…