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Kentucky

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Qualified

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

August 5, 2022

KY appeals court: Denial of counsel for noncustodial parent was reversible error

The Kentucky Court of Appeals held that the failure to appoint counsel in a dependency proceeding required reversal of the termination order.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

Indigent custodial parents are entitled to counsel in dependency proceedings following the initial temporary removal hearing.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Domestic Violence - Accused Person

Court Rule or Initiative

Key Development

August 26, 2021

Kentucky high court finds that unrepresented minors are entitled to an attorney ad litem

Pro se minor parties in interpersonal protective order (IPO) and domestic violence order (DVO) cases have a right to an attorrney ad litem.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Domestic Violence - Alleged Victim

Court Rule or Initiative

Key Development

August 26, 2021

Right to an attorney ad litem

Pro se minor parties in interpersonal protective order (IPO) and domestic violence order (DVO) cases have a right to an attorrney ad litem.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

January 3, 2024

Bill would have provided right to counsel for guardianship termination and modification

The state Senate bill would have removed any ambiguity about whether a protected person is entitled to counsel in these matters.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

June 4, 2025

All about Louisville's eviction right to counsel

Louisville is first the Southern city to enact an eviction right to counsel.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC provided some input to advocates working on the ordinance.

Qualified

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

August 5, 2022

KY appeals court: Denial of counsel for noncustodial parent was reversible error

The Kentucky Court of Appeals held that the failure to appoint counsel in a dependency proceeding required reversal of the termination order.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

Indigent custodial parents are entitled to counsel in dependency proceedings following the initial temporary removal hearing.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children have a right to counsel in dependency proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel - For removal and replacement of guardian

Services are provided by consent absent an emergency. If removal and replacement of a guardian is sought, there is a likely right to counsel.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for any indigent litigant in a civil case.

Appointment of Counsel: Discretionary

Qualified: Yes

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

A minor seeking to bypass the parental consent requirement for abortion has a right to counsel upon request.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Commitment

Legislation

Key Development

Right to "qualified and independent assistance"

Intellectually disabled people whose guardians seek to admit them have the right to "qualified and independent assistance."

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Right to counsel

There is a right to counsel for the subject of various civil commitment proceedings, including for minors.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

The Kentucky Supreme Court found a due process and equal protection right to counsel in civil commitment cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Contempt in Family Court

Litigation

Key Development

Right to counsel

The Kentucky Supreme Court has found a Fourteenth Amendment due process right to counsel in civil contempt cases.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

A court has interpreted a Kentucky statute to require counsel for indigent defendants in civil contempt cases.

Appointment of Counsel: Yes

Qualified: No

Other

Custody Disputes - Parents

Litigation

Court of Appeals declines to find right to counsel

Though parents have a fundamental right in raising their children, this does not translate into a right to counsel in custody cases.

Appointment of Counsel: Other

Qualified: No

Other

Divorce

Litigation

High court declines to extend right to counsel

In a case from Kentucky's highest court in 1961, the court declined to extend the right to counsel to divorce matters.

Appointment of Counsel: Other

Qualified: No

Qualified

Domestic Violence - Accused Person

Court Rule or Initiative

Key Development

August 26, 2021

Kentucky high court finds that unrepresented minors are entitled to an attorney ad litem

Pro se minor parties in interpersonal protective order (IPO) and domestic violence order (DVO) cases have a right to an attorrney ad litem.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Domestic Violence - Alleged Victim

Court Rule or Initiative

Key Development

August 26, 2021

Right to an attorney ad litem

Pro se minor parties in interpersonal protective order (IPO) and domestic violence order (DVO) cases have a right to an attorrney ad litem.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

Unrepresented respondents in temporary and permanent guardianship / conservatorship establishment matters have the right to counsel.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Discretionary appointment of attorney ad litem

The court may appoint an attorney to serve in a guardian ad litem (GAL) role for a minor respondent in a guardianship/conservatorship matter.

Appointment of Counsel: Discretionary

Qualified: Yes

Discretionary

Housing - Discrimination

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for either side in a housing discrimination case.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

June 4, 2025

All about Louisville's eviction right to counsel

Louisville is first the Southern city to enact an eviction right to counsel.

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC provided some input to advocates working on the ordinance.

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

Right to counsel

The high court has found a Fourteenth Amendment due process right to counsel in civil contempt cases.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

A court interpreted a Kentucky statute to require counsel for indigent defendants in civil contempt cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

Respondents have a right to counsel in involuntary treatment matters due to mental health and substance dependency.

Appointment of Counsel: Yes

Qualified: No

Qualified

Issues Related to Incarcerated People

Court Rule or Initiative

Key Development

Right to attorney guardian ad litem - Incarcerated persons failing to defend

A court must appoint an attorney as guardian ad litem for any incarcerated person that fails to defend against a civil action.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

Indigent parents have an arguable right to counsel in contested adoption matters.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Right to counsel

There is an arguable right to counsel for children in adoption cases.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Due process requires counsel at critical stages

The Kentucky Court of Appeals has suggested there is a due process right to counsel at critical stages of termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel upon request in involuntary termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Children have a right to an attorney ad litem in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent children in truancy (treated as a status offense) and a right for all children facing detention.

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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