Legal Question in Civil Rights Law in Kentucky

Duel Citizenship

I have a duel citizenship (British) I was ordered in to court

several months ago. For a barking dog. I requested an Attorney. I have no income at all we live on my husbands Social Security but my husband and I do own a home (valued at $42,000) mortgaged for $38,000) I was told I would have to pay for my own attorney. When I could not afford one I was jailed for 30 days for contempt for failing to follow a court order to hire my own attoney. Is this legal??? Can a Judge really deny me an attorney because we own a home?


Asked on 3/04/03, 2:52 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Duel Citizenship

Yes, the judge can do this because you have real property of value that can be used to help you secure representation. It probably doesn't seem fair, but so long as you have the means to pay an attorney in some practical way (by payments, by taking a second mortgage, etc.) the government has no obligation to provide one for you.

You do have the right to challenge the reasonableness of the court order through habeas corpus, but that would probably cost you more money.

Unless the barking dog charge is a serious felony (which sounds unlikely) you might be better off approaching the prosecutor to see if you can work out a plea agreement on your own. Many times prosecutors will do this for small infractions.

Otherwise, secure an attorney. You can consult your local bar association to find one who will accept payments, etc.

Good luck.

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Answered on 3/04/03, 3:57 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Duel Citizenship

You have a right to represent yourself, known as appearing in propria personam. The judge cannot deprive you of this right, but you should know that if you refused to represent yourself, and wanted the court to appoint an attorney, you would have to qualify on the basis of financial need. Owning a house could well have disqualified from that category.

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Answered on 3/04/03, 4:50 pm


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