FCRPP 38.Duties regarding representation and repayment

Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026

In one sentenceFCRPP 38 entitles an indigent party or child to appointed counsel on appeal as a new appointment, preferring the same lawyer, and bars multiple payments for work on the same case absent good cause.

Full Text of FCRPP 38

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(1) Each indigent party or child is entitled to court appointed counsel to file or defend an appeal brought from a decision of the Circuit or District Court. Once an appeal is filed, the appeal will be a new case requiring a new appointment; however, efforts should be made to appoint the same counsel from the prior case unless there is a conflict of interest or a new appointment is requested by the attorney, the child, or the adult parent or caregiver who is entitled to appointed counsel.

(2) To reduce administrative costs, Courts shall not approve multiple payments to court-appointed counsel for work on the same case except for good cause shown.

End

Amendment History

Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Plain-English Summary

The right to counsel does not stop at the trial court. Each indigent party or child is entitled to court-appointed counsel to file or defend an appeal from a Circuit or District Court decision.

Procedurally an appeal is a new case requiring a new appointment — but the rule states a clear preference about who gets it. Efforts should be made to appoint the same counsel from the prior case, unless there is a conflict of interest or a new appointment is requested by the attorney, the child, or the adult parent or caregiver entitled to counsel. Continuity is the default because the lawyer who tried the case knows the record.

The second paragraph is about cost control: to reduce administrative costs, courts shall not approve multiple payments to court-appointed counsel for work on the same case except for good cause shown.

Frequently Asked Questions

Do I get an appointed lawyer for an appeal in Kentucky?

Yes. Each indigent party or child is entitled to court-appointed counsel to file or defend an appeal brought from a decision of the Circuit or District Court.

Will it be the same lawyer?

An appeal is a new case requiring a new appointment, but efforts should be made to appoint the same counsel from the prior case unless there is a conflict of interest or a new appointment is requested by the attorney, the child, or the adult parent or caregiver entitled to appointed counsel.

Can appointed counsel be paid more than once in a case?

Courts shall not approve multiple payments to court-appointed counsel for work on the same case except for good cause shown.

Source & verification. The rule text and amendment history are reproduced verbatim from the Kentucky Family Court Rules of Procedure and Practice (Ky. FCRPP FCRPP 38). Promulgated by the Supreme Court of Kentucky. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: appeal appointed counselrepaymentmultiple paymentssame counsel on appeal