Kentucky is known to have a strong and well-structured public defender system, but it is held back by poor funding and an unresponsive legislative body.

 

This week, Hunter speaks with Ernie Lewis, the former Public Advocate of Kentucky and former Executive Director of the National Association for Public Defense (NAPD).

 

They discuss Ernie’s work in public defense reform and the best ways to get needed changes. Ernie attempts to answer the ultimate question—what does it take to transform the system so it’s responsive to the needs of those in it? 

 

Instrumental in the formation of the NAPD, he’ll explain how it began and why the work of this organization is so important. He’ll also explore how to balance the needs of public defenders with the needs of the individuals going through the system.

 

Ernie brings to the show a refreshing, optimistic look at the public defense system and its future. 

 

Key Topics and Takeaways:

 

• Ernie’s background in public defense and how he got started. [4:50]
• Why Ernie wanted to work in poverty law. [8:49]
• Ernie’s three goals as public advocate. [15:23]
• Fines and fees. [17:38]
• Eligibility. [21:08]
• Ernie’s work at the NAPD. [37:32]
• Caseloads. [48:40]
• Ethics in the legal profession. [52:14]

 

Guest:

Ernie Lewis, Former Public Advocate of Kentucky, Former Executive Director of the NAPD

Resources:

Final Report of the Blue Ribbon Group

Public Advocacy Commission Justice Jeopardized Final Report

NAPD 

NAPD Principles 

Department of Public Advocacy 

Department of Public Advocacy FY19 Annual Report 

Indigency Determination Statute

KY Rev Stat § 31.211 (2021)

 

Memorable Quotes:

 

“I then wanted to go to law school and represent poor people to give justice to poor people.” (10:35, Ernie)

 

“Since 1998, we were able to reduce reliance upon fines and fees considerably. So that by the time I left, our budget was about 40 million and only about 3 million of that 40 million came from fines and fees.” (17:45, Ernie)

 

“This is a state obligation to provide enough resources so that each person charged with a crime who is eligible for a public defender, gets a well-trained, qualified attorney with support staff.” (20:49, Ernie)

 

“Probably the biggest problem in indigent defense is the vast gap between representation for felonies and representation for misdemeanors, especially in lower level courts.” (28:11, Hunter)

 

“Indigent defense has always been one of the last priorities of government.” (43:58, Ernie)

 

“My generation of public defenders has participated in mass incarceration. We have witnessed just since 1970, the destruction of people, families, neighborhoods, and we've become now the place with the highest percentages of incarceration in the world.” (55:38, Ernie)

 

Contact Hunter Parnell:

[email protected]

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