DPA 2025 Annual Conference

During this session we will celebrate the amazing work done by DPA Public Defenders in the Commonwealth. We will also learn about new developments in public defense over the past calendar year, how to apply new legislation to continue with client success, and how to apply old rules to new situations to continue the growth and success of our agency.

This session will cover published Supreme Court criminal law cases from June, 2024 through April, 2024, with an emphasis on breadth rather than depth. Topics will include search and seizure, Miranda, Confrontation Clause, juror issues, evidence issues, sentencing and post-convict issues, and more.

Participants will learn best practices for KOMS. This session will also include advanced techniques. There will be ample time left for questions and answers.

Participants in this session will learn about Kentucky's expungement requirements for both misdemeanors and felonies, and how to properly advise clients on expungement procedures and availability. The session will include training for both attorneys and non-attorney staff to participate in local expungement clinics or host clinics themselves.

You've got your first murder case, now what?  This presentation will explore strategies to effectively work with your investigator to build the best defense possible for your client from the beginning.  

This session will examine juvenile Serious Youthful Offender transfer and system coordination through a case study lens. A case study of a juvenile violent offender, transferred to Circuit Court and system coordination highlights the need for a collaborative approach involving various agencies like juvenile justice, law enforcement, and social services which can lead to more effective interventions, reduced recidivism, and improved outcomes for both the client and the community. Some key aspects of system coordination that will be examined include Early Intervention, Assessment and Risk Management, Collaboration and Communication between agencies and systems of care, Development of Individualized Treatment Plans and the role of the ASW, Community Support, Mental Health and Competency, and other miscellaneous issues such as involuntary medication and early transfer to adult correctional facilities that may arise as you are advocating for your youthful clients.

Additionally, the panel will discuss the role of the ASW and other DPA team members such as Protection and Advocacy in developing tailored plans that address the specific needs of the youthful client, including substance abuse treatment, mental health services, educational support, and vocational training. Case strategies such as request for competency evaluation, need for robust motion practices, and involving families, schools, and other community stakeholders in the judicial and rehabilitation process will be explored.

Knowing the federal education rights of children is a great way to combat and brainstorm new ways to practice youth defense where it overlaps with school discipline . Learn about IDEA and how to use special education procedures to benefit children in their corresponding delinquency cases.

This session will be an analysis of the rules and law regarding the entry of a guilty plea. The session will start with negotiation and proceed to enforcement of a plea. We will troubleshoot common pitfalls and problems that are encountered and how to avoid them.

Selective enforcement of the law is an issue that often goes unchallenged.  In this session, we will discuss ways to identify and challenge selective enforcement.  We will also discuss how we can collaborate to gather information and assist our clients through data collection and information sharing.

This session is geared towards both trial and post-trial lawyers who handle capital cases (or have an interest in doing so in the future), capital investigators, and even non-capital litigation team members who want to learn more about intellectual disability to see how they may be able to investigate and present intellectual disability to try to obtain a more favorable outcome for their clients.

You find yourself hurtling towards your first trial of sex-based offenses. What should you be expecting? What will you need to be ready for? This session looks at some basic issues and circumstances that may arise as you defend your client against the crimes outlined in KRS Chapter 510.

This session will focus on how to build a theory of non-guilt in strangulation cases and how to use that theory to select (or deselect) a jury. This session will incorporate how investigators and attorneys can work together to build the theory and select a jury.

A Contextual and Client-Centered Approach to the Transgender Client seeks to serve as a 101 type course for the practitioner. Upon completion counsel should be able to understand the entire lgbtqia+ community and feel comfortable advocating for them. They will feel confident in how to approach the topic and have a respectful conversation about what it means to be a trans person charged with various crimes. Attorneys will also leave able to have a thoughtful discussion about the marginalization of trans people and how to combat that prejudice ethically in the courtroom on behalf of their Clients.

This session will review the important criminal constitutional cases decided by the U.S. Supreme Court this term. Presenters will provide a summary of the decisions and will give advice on how to apply the reasoning and holdings to public defense. Participants will be given time to ask questions and express thoughts on the cases and topics presented.

What happens when a Client informs you that he intends to take the stand and lie? Do we remain silent? Do we inform the Court? Can or Should we withdraw from the case? What is the process? What happens if the client does not tell you he is going to lie, but then he gets up there on the stand and does so? These questions, and more, will all be answered in this presentation. Special emphasis will be placed on Rules of Professional Conduct 1.2 (Allocation of Authority Between Client and Lawyer), 1.6 (Duty of Confidentiality), and 3.3 (Duty of Candor to the Tribunal), and case law interpreting these rules.