A
comprehensive chart of Kentucky criminal statutes and their immigration
consequences is now available
(Frankfort,
Kentucky, April 4, 2013) A new
resource that details immigration consequences for non-citizens in Kentucky’s
criminal justice system has been released by the Department of Public Advocacy (DPA).
Kate Benward,
a Public Defender Corps Fellow in the DPA LaGrange Trial Office, with the
support of Dan Kesselbrenner of the
National Immigration Project
created a chart of Kentucky criminal statutes and their
immigration consequences. The DPA
2013 March Advocate discusses the basic immigration concepts that
a criminal defense attorney must be familiar with in order to effectively
advise clients on the immigration consequences of a criminal conviction
and the terminology used in the
comprehensive 75 page Immigration
Chart. Additional education of defenders will occur at the Annual Public
Defender Conference in June 2013. DPA has placed these resources on its webpage so they are available to all criminal justice professionals.
Since Padilla v. Kentucky,
130 S. Ct. 1473, was decided in 2010, DPA has implemented an aggressive plan to
educate its defenders on the responsibilities of the ruling and to create a
system to have experts available for consultation. “The Kentucky Department of
Public Advocacy (DPA) responded immediately to the requirements of Padilla through implementation of tiered system of
immigration training and support for its defenders throughout the state,” Dan
Kesselbrenner said. “Each DPA
office has one person designated as the immigration specialist for that office.
These specialists receive on-going training on the intersection of criminal and
immigration law. These specialists are expected to share the training they
receive and answer basic immigration questions as they arise in their
respective offices.”
DPA created a
position through the Public Defender Corps, a joint program of EqualJustice Works and Gideon’s Promise (formerly the Southern Public Defender
Training Center) for Public Defender
Corps Fellow Kate Benward to receive on-going immigration training and support.
She works as a more specialized contact person for each office’s designated
immigration specialist. Anyone from any DPA office can contact her directly
with specific questions about a case and client or with general questions about
immigration that she can advise on or consult with outside immigration experts
as needed. She provides continued training and outreach to the immigration
specialists in each office.
Jerry Cox of Rockcastle
County, Chair of the Public Advocacy Commission, the statewide public defender governing board, and President-Elect of
the National Association of Criminal Defense Lawyers, said, “It is imperative for
public defenders and criminal defense lawyers to advise clients fully and
accurately. Nothing less is acceptable. These immigration resources developed
and made available by DPA to all in the criminal justice system will help clients
receive fair results.”
Public Advocate
Ed Monahan said, “When we receive help
from a doctor or other professional, we expect to be fully and accurately
advised about the consequences of what is recommended to us. We have a right to
know the side effects of a medicine, the risks of surgery or other treatments
for our illness. So too, the person accused of a crime has a right to
understand what the collateral consequences of a course of action is. We would never find incorrect advice from a
doctor acceptable. DPA is working to provide our clients with what we all
expect for ourselves.”
