DPA Social Worker Program - Top 25 Innovations in Government

Today the Ash Center for Democratic Governance and Innovation at the John F. Kennedy School of Government, Harvard University announced the Top 25 programs in this year’s Innovations in American Government Award competition. These government initiatives represent the dedicated efforts of city, state, federal, and tribal governments and address a host of policy issues including crime prevention, economic development, environmental and community revitalization, employment, education, and health care. Selected by a cohort of policy experts, researchers, and practitioners, four finalists and one winner of the Innovations in American Government Award will be announced in the fall. A full list of the Top 25 programs is available here.

“These Top 25 innovations in government offer real, tangible ways to protect our most disadvantaged citizens, educate the next-generation workforce, and utilize data analytics to enhance government performance,” said Stephen Goldsmith, director of the Innovations in Government program at the Ash Center. “Despite diminishing resources, these government programs have developed model innovations that other struggling agencies should be inspired to replicate and adapt to their own communities.”

Included in the programs selected is the Department of Public Advocacy's Social Worker Program.

Alternative Sentencing Social Worker Program Commonwealth of Kentucky

In the Alternative Sentencing Social Worker Program, social workers—with public defenders—develop and present individualized alternative sentencing plans to the court as options other than incarceration. Persons who would normally be jailed or imprisoned stay in the community, receive services, and become less likely to reoffend.

A half century ago the Kentucky Supreme Court held that "common justice demands" that an attorney must be appointed when a person charged with a felony is too poor to hire his own counsel. Gholson v. Commonwealth, 212 S.W.2d 537 (Ky. 1948). In the 1960s Kentucky attorneys began to request compensation when they were forced to represent indigents charged with a crime. In 1963, the United States Supreme Court determined that if a state wants to take away a person's liberty, it has to provide an attorney to those persons too poor to hire their own in order to comply with the Federal Constitution. Gideon v. Wainwright, 372 U.S. 335 (1963). While consistently unsuccessful in convincing Kentucky's highest Court that the judiciary could and should order payment, Kentucky's appointed attorneys did persuade the Kentucky Supreme Court to the point that the Court began to directly encourage the General Assembly to provide a systematic solution for paying the attorneys who were being made to represent the accused.

On September 22, 1972, Kentucky's highest Court characterized the forced representation of indigents as an "intolerable condition" and held it was an unconstitutional taking of an attorney's property - his service to the client - without compensation. From then on no Kentucky attorney could be required to represent an indigent absent compensation. Bradshaw v. Ball, 487 S.W.2d 294 (Ky. 1972).

While the appeal in Bradshaw was pending, the 1972 Legislature, at the request of Governor Wendell Ford, created the Office of Public Defender, now the Department of Public Advocacy (DPA), and gave it the responsibility to represent all persons in Kentucky charged with or convicted of a crime. House Bill 461 sponsored by Representatives Kenton, Graves and Swinford passed the House 60-18 on March 7, 1972 and the Senate 26-5 on March 14, 1972. It allocated $1,287,000 for FY 73 and FY 74.