Pillersdorf v. Department of Public Advocacy

SHERRY BRASHEAR, Special Justice, and LEIBSON, Justice,

dissenting.

Respectfully, we dissent. For the reasons set out below, we would reverse the Court of Appeals and affirm the Knott Circuit Court.

The substantive issue in this appeal, to borrow from the language of both the majority of this court and that of the Court of Appeals, is whether Knott Circuit Judge Morgan had the prerogative to intrude upon the function of providing counsel to indigent criminal defendants assigned to the Department of Public Advocacy (hereinafter DPA) by the legislature’s enactment of Chapter 31 of Kentucky Revised…