Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-2 - Eligibility to serve

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 licensed attorney engaged in the private practice of law shall be eligible to
			 serve on the panel if the following criteria are met:
(1) Each attorney on the voluntary panel
			 representing an indigent defendant shall have completed 12 hours of continuing
			 legal education in the area of criminal law within three years of appointment
			 or have graduated from an accredited law school during the three years
			 immediately before appointment.
(2)
			 Each attorney assigned to the defense of any felony classified as a non-drug
			 grid offense with severity level of 3 or 4 or any felony classified as a drug
			 grid offense with a severity level of 1, 2, or 3 shall have tried to a verdict,
			 either as defense counsel or prosecutor, five or more felony jury
			 trials.
(3) Each attorney assigned
			 to the defense of any felony classified as an off-grid offense or a non-drug
			 grid offense with a severity level of 1 or 2 shall have tried to verdict,
			 either as defense counsel or prosecutor, five or more jury trials involving the
			 following:
(A) Non-drug offenses of severity
			 levels 1 through 4 or drug grid offenses of severity levels 1 through 3;
			 or
(B) any off-grid
			 offenses.
(4) Each
			 attorney assigned or appointed to the defense of any indigent person accused of
			 a capital murder, as defined by K.S.A. 2011 Supp.
			 21-5401 and amendments thereto,
			 shall be a prequalified death penalty attorney. Each attorney shall be screened
			 by the board to determine the attorney's qualifications to serve as defense
			 counsel to an indigent person accused of a capital murder, pursuant to
			 "guideline 5.1 qualifications of defense counsel," as published on pages 35 and
			 36 in the February 2003 edition of the American bar association (ABA)
			 "guidelines for the appointment and performance of defense counsel in death
			 penalty cases" and hereby adopted by reference, except for the history of
			 guideline, related standards, and commentary on page 36. Each attorney who is
			 eligible to serve on the capital appointments panel shall be prequalified by
			 the board as meeting this regulation.
(5) Each attorney assigned or appointed to
			 represent an indigent person who has been convicted of capital murder and who
			 is under a sentence of death in the direct review of the judgment shall be
			 prequalified by the board as meeting this regulation.
(6) Each attorney assigned or appointed to
			 represent an indigent person who has been convicted of capital murder and who
			 is under a sentence of death in postconviction proceedings shall be
			 prequalified by the board as meeting this regulation.
(7) To ensure compliance with these
			 regulations in capital murder or homicide cases, each attorney assigned or
			 appointed to the defense of any indigent person accused of a capital murder or
			 a homicide pursuant to K.S.A. 2011 Supp.
			 21-5401,
			 21-5402,
			 21-5403, or
			 21-5404, and amendments thereto,
			 shall be appointed from panel lists screened pursuant to these regulations and
			 approved by the board.