FRANKFORT, Ky. — Kentucky’s public defender system is facing a “crisis” as low pay and limited advancement opportunities drive attorneys to leave for higher-paying jobs, lawmakers were told Tuesday.
Kentucky Public Advocate Damon Preston and Deputy Public Advocate Melanie Lowe testified before a legislative committee, warning that high turnover risks “constitutional failures,” disrupts court proceedings, and wastes taxpayer money by training attorneys who quickly depart.
“Kentucky really needs to raise the salary so that attorneys don’t have to look outside the borders of Kentucky in order to live a reasonable life,” Lowe said.
Turnover rates rising
In 2025, 94 attorneys left the Department of Public Advocacy, representing a 24% turnover rate—up from 17% in 2022. Although a new class of 42 attorneys joined in August 2025, the department has already lost 53 attorneys from that group. Lowe said the median tenure of departing attorneys is just 21 months, long enough to complete the department’s training program before leaving.
Preston and Lowe cited low pay as the main factor. Kentucky public defenders start at $58,200, while states with similar systems, like Minnesota, start at $88,380. Starting salaries are also higher in neighboring cities such as Cincinnati and Evansville. Many defenders have switched to prosecution roles for raises of $20,000 or more.
Proposed funding and reforms
The department is requesting $10,581,857 in the next two-year budget to raise the attorney salary floor to $70,000, increase pay for other positions proportionally, improve recruitment, and fund private attorneys contracted to the department.
They are also seeking legal changes to reduce the types of cases requiring public defenders. For example, they propose removing public defenders from certain petitions under Tim’s Law, allowing local attorneys to represent those individuals on a per-case basis. Another proposal would create “circuit advocates,” public defenders serving multiple counties within a judicial circuit.
Legislative response
Rep. Stephanie Dietz, R-Edgewood, chair of the House Budget Review Subcommittee on Justice, Public Safety & Judiciary, said she plans to file a bill narrowing the department’s role in specific case types, including those under Casey’s Law. She acknowledged the need to address low pay but questioned how best to retain attorneys, given the cost of training those who leave after a short tenure.
Lowe emphasized the impact on clients, noting, “We definitely have had clients with serious charges who have gone through two and three and four attorneys… It’s very frustrating for the clients who are incarcerated and clients who are stuck in the system and really want to get a resolution to their case.”
Dietz added, “I want to do everything I can to work with them and see them keep these young lawyers and keep them in Kentucky.”
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