(LEX 18) — The Nelson County Court has approved a motion allowing an Joseph Lawson to proceed with an appeal at no cost and appointed public defenders to represent him.
Lawson filed a motion on September 8 requesting to proceed "in forma pauperis" on appeal, the motion read. This legal term allows individuals who cannot afford court costs to have those fees waived.
The motion was filed by Lawson's attorneys Kevin Coleman and Robert Boyd ahead of his final sentencing scheduled for Sept. 17 at 2:30 p.m. The lawyers cited Kentucky statutes and court rules that require continued legal representation for indigent defendants throughout all stages of criminal proceedings, including appeals.
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"The Defendant was found to be indigent pursuant to KRS Chapter 31 and was represented in these proceedings by counsel through the Department of Public Advocacy," the motion stated.
Kentucky Court Rule 3.05(2) specifically provides that appointment of counsel for indigent defendants "shall continue for all future stages of the criminal proceeding, including appeal."
Judge Charles C. Simms III of Nelson Circuit Court granted the motion, officially appointing the Department of Public Advocacy to represent Lawson during his appeal process, the motion read.
Commonwealth's Attorney Shane Young was notified of the motion, along with Brian Butler, who represents co-defendant Brooks Houck.
The Department of Public Advocacy's Post-Trial Division will now handle Lawson's appeal representation, ensuring he has legal counsel despite his inability to pay for private attorneys.
An indigent defendant, according to EBSCO Information Services, is a person "accused of crimes who, due to their poverty, are not able to adequately provide for their own defense."
