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'No one takes a pay cut': More funding needed for state takeover of Louisville public defenders

On July 1, Louisville public defenders will officially become state employees and state Public Advocate Damon Preston will be in charge.

FRANKFORT, Ky. — Just over $11 million is earmarked in House Bill 6 (H.B. 6), the proposed budget, to cover the cost for the Department of Public Advocacy (DPA) to absorb the Louisville public defenders' office, the last independently operating office and by far the largest one in the state.

On July 1, Louisville public defenders will officially become state employees and state Public Advocate Damon Preston will be in charge.

"I think we're on track," Preston said.

However, before any state budget passes, Preston will continue to press lawmakers that the $11.2 million won't be enough.

"A complication is that since September, some of those costs have gone up," he said. September is when they first presented the proposal.

Current funding doesn't account for the 10% pay raise all state attorneys, state public defenders included, received in December.

RELATED: Kentucky Public Advocate facing big challenges with takeover of Louisville Public Defender's Office

That means pay for incoming Louisville public defenders, those who are not making as much as their state counterparts, will need to be adjusted.

However, if the Louisville attorneys are already making more, Preston pledged, "No one takes a pay cut."

Legislators are also considering in the budget another 4% pay increase for Fiscal Year 2025, as well as another 2% for Fiscal Year 2026.

Therefore, Preston said, the additional cost would be $400,000 for FY25 and $600,000 for FY26.

"Given the support that the legislature has shown us, without exception, I expect that they'll fund this additional need that we have," he said.

The transition from Louisville to the state comes with benefits of course.

One in particular, retirement, will also need rectifying.

Preston figured it will cost the state between $5 million and $7 million to get the incoming public defenders current on the plan.

"They've been doing state work all along, and so to treat them fairly, would be to allow them to have credit in state retirement for those years there," he said.

Currently, Preston said, there are 97 or 98 employees in the Louisville public defenders' office.

There are supposed to be 129 and Preston said there's a plan to fill the vacant positions.

RELATED: Louisville public defender says office has 'lost so many attorneys since I started'

He expects that will help ease heavy workloads.

However, there's more focus in the legislature to come down harder on crime.

The proposed budget in H.B. 6 includes almost $28 million in additional money for the prosecutorial system.

The increased funding in part would provide raises and more positions in the commonwealth's attorney and county attorney offices.

On the flipside, there is no new funding to add more state public defenders.

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