Discretionary appointment of counsel

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Legislation, All Basic Human Needs

Kentucky's in forma pauperis ("IFP") statute, Section 453.190(1), provides that "[a] court shall allow a poor person residing in this state to file or defend any action or appeal therein without paying costs, whereupon he shall have any counsel that the court assigns him . . . ."  Ky. Rev. Stat. Ann. § 453.190(1). The Kentucky Court of Appeals (which at the time was the state high court) held that the IFP statute applies to civil cases as well as to criminal cases. Wilson v. Melcroft Coal Co., 11 S.W.2d 932, 933 (Ky. 1928).

Appointment of Counsel: discretionary Qualified: no