reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 1 - GENERAL › Section 105-1-1 - Legal representation provided

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Legal
			 representation, at state expense, shall be provided to all persons who are
			 financially unable to obtain adequate representation without substantial
			 hardship to themselves or their families in the following cases:
(1) felony cases at the trial court level;
(2) habeas corpus cases arising
			 out of an extradition proceeding pursuant to
			 K.S.A.
			 22-2710;
(3) habeas corpus cases arising from a mental
			 commitment pursuant to K.S.A. 1997 Supp.
			 22-3428;
(4) probation revocation hearings in felony
			 cases;
(5) habeas corpus cases as
			 authorized by K.S.A. 1997 Supp.
			 22-4503 and K.S.A. 1997 Supp.
			 22-4506;
(6) motions attacking sentence pursuant to
			 K.S.A.
			 60-1507;
(7) motions to modify sentence pursuant to
			 K.S.A. 21-4603;
(8) appeals from
			 felony convictions or habeas corpus findings, as authorized by K.S.A. 1997
			 Supp. 22-4503 and K.S.A. 1997 Supp.
			 22-4506, to the appellate courts
			 of Kansas;
(9) appeals from an
			 order of the court waiving jurisdiction of a juvenile offender to the criminal
			 courts;
(10) habeas corpus cases
			 arising out of an involuntary commitment pursuant to K.S.A. 1997 Supp.
			 59-2965;
(11) grand jury witnesses called to testify
			 pursuant to
			 K.S.A.
			 22-3009;
(12) material witnesses committed to custody
			 as authorized by K.S.A 1997 Supp.
			 22-2805; and
(13) any other cases in which legal
			 representation at state expense is required by law.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 2 - TERMS DEFINED › Section 105-2-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Unless the context otherwise requires, terms used in
				K.A.R.
				105-1-1 et seq., forms, and instructions
				shall have the following meanings.
(a) "Board" means the state board of
			 indigents' defense services.
(b)
			 "Director" means the state director of indigents' defense services appointed by
			 the board.
(c) "District" means
			 judicial district.
(d) "Legal
			 representation" means representation of indigent defendants by a qualified and
			 effective attorney, as well as transcript preparation and other related defense
			 services by investigators, expert witnesses, and others when requested by the
			 attorney and properly approved in accordance with K.A.R. 105-7-1, 105-7-2, and
			 105-7-3.
(e) "Panel" means the
			 list of qualified attorneys in a county or judicial district who are eligible
			 for appointment or assignment to represent indigent defendants and who
			 voluntarily request to be considered for appointment or assignment.
(f) "Public defender" means an attorney
			 selected and employed on a full-time basis by the board to provide quality
			 legal representation to indigent defendants.
(g) "State appellate defender" means an
			 attorney selected and employed on a full-time basis by the board to provide
			 appellate representation to indigent defendants in the appellate courts of
			 Kansas.
(h) "Trial counsel" means
			 an attorney or public defender appointed or assigned under the terms of these
			 regulations to provide legal representation to indigent defendants in the
			 district courts of Kansas and as provided by K.A.R. 105-3-9.
(i) "Conflicts attorney office" means the
			 office designated by the board to provide indigent felony and related defense
			 services for cases that cannot be handled by a public defender office due to
			 potential conflicts of interest.
(j) "Contract counsel or attorney" means an
			 attorney who has entered into a contract with the board to provide
			 representation to indigent defendants in the district and appellate courts of
			 Kansas.
(k) "Assigned counsel or
			 attorney" means a panel attorney appointed by the court to represent an
			 indigent defendant in a case in which a public defender, contract counsel, or
			 designated conflicts office has a conflict of interest and the public defender,
			 the designated conflicts office, or contract counsel is not able to undertake
			 representation.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-1 - Panel of attorneys

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrative judge of each district shall compile a list of volunteer
			 attorneys eligible for assignment to represent indigent defendants for each
			 county in the district. The list shall be known as the panel for indigent
			 defense services.
(b) The
			 administrative judge shall revise the panel annually, as incoming attorneys
			 register with the clerk of the district court and when removal or withdrawal of
			 attorneys from the panel or any other cause makes revision appropriate.
(c) Each attorney on the voluntary
			 panel shall accept felony appointments for a minimum period of one year, with
			 renewable one-year service terms thereafter. The administrative judge may waive
			 this requirement for good cause shown.
(d) In compiling the list, the administrative
			 judge shall consider the criteria contained in K.A.R. 105-3-2, the training,
			 the resources and the experience of each attorney. The judge may consider any
			 other relevant factor or factors relating to the attorney's ability to provide
			 effective assistance of counsel to indigent defendants.
(e) An administrative judge may refuse to
			 place an attorney on a panel. Should the administrative judge refuse to place
			 an attorney on a panel, that judge shall promptly notify the attorney and the
			 board of this decision. The decision shall become effective upon notice to the
			 attorney and shall remain effective until the board or administrative judge
			 places the attorney on the panel.
(f) An attorney who is refused placement on a
			 panel may inform the board that the attorney wishes to appear and offer
			 evidence for placement on the panel at a hearing before the board. Any such
			 evidence shall be reviewed by the board for determination of whether or not the
			 administrative judge abused that individual's discretion in refusing to place
			 the attorney on the panel. The hearing shall be conducted as a summary
			 proceeding.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-3 - Rotation of appointments

Current through Register Vol. 43, No. 28, July 11, 2024
All appointments shall be made in an orderly manner to avoid
				patronage, or the appearance of patronage, and to ensure fair distribution of
				appointments among all whose names appear on the panel. Names on the panel
				shall be in alphabetical order and appointments shall be made in sequence with
				the following exceptions:
(a) When
			 the court determines there is a conflict of interest, the next listed attorney
			 shall be appointed.
(b) When the
			 court determines the attorney lacks sufficient experience in a serious felony
			 case, the next qualified attorney shall be appointed.
(c) When the court determines an emergency
			 appointment of counsel is required, the first available attorney may be
			 appointed; or
(d) When the court
			 determines the attorney is unavailable to promptly handle the case, the next
			 listed attorney shall be appointed.
Any attorney who is passed over shall be first in sequence for
				the next appointment.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-5 - Removal from panel

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An
			 administrative judge may remove any attorney from a panel. The administrative
			 judge shall promptly notify the board of a decision to remove an attorney from
			 any panel.
(b) An attorney may be
			 removed from any panel by the board after it confers with the administrative
			 judge.
(c) The decision to remove
			 shall become effective upon notice to the attorney and shall remain effective
			 until the board or administrative judge reinstates the attorney to the panel.
(d) An attorney removed from the
			 panel may inform the board that the attorney wishes to appear and offer
			 evidence for reinstatement at a hearing before the board. Any such evidence
			 shall be reviewed by the board to determine whether or not the administrative
			 judge abused the judge's discretion in removing the attorney from the panel.
			 The hearing shall be conducted as a summary proceeding.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-6 - Distribution of panels

Current through Register Vol. 43, No. 28, July 11, 2024
The administrative judge of each district shall distribute the
				list of panel members to judges of the district court, law enforcement
				officials within the district and the board. The list of panel members shall be
				distributed annually and as it is revised.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-7 - Appointments prior to court appearance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When legal
			 representation is requested by a person entitled to counsel under K.S.A. 1982
			 Supp. 22-4503 and who is detained by law
			 enforcement officials in districts with a public defender, the law enforcement
			 officials shall contact the public defender to provide legal representation,
			 prior to appearance before a court. The public defender shall provide the court
			 with a completed affidavit of indigency from the detainee.
(b) When legal representation is requested by
			 a person entitled to counsel under K.S.A. 1982 Supp.
			 22-4503 and who is detained by law
			 enforcement officials in districts without a public defender, law enforcement
			 officials shall contact a judge of the district court to appoint a panel
			 attorney to provide legal representation, prior to appearance before a court.
			 Law enforcement officials shall provide a judge of the district court with
			 information from the completed affidavit of indigency. If the judge finds that
			 the detainee is indigent, the judge shall appoint an attorney from the panel.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-9 - Duties of trial counsel following sentencing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In order to
			 protect a convicted defendant's right to appeal, it shall be the duty of each
			 trial counsel to prepare, file, or both, the following documents:
(1) file a motion for modification of
			 sentence pursuant to K.S.A. 21-4603(2), when appropriate;
(2) file a motion for release on appeal bond
			 pursuant to
			 K.S.A.
			 22-2804, when appropriate;
(3) file a notice of appeal in a timely
			 manner, unless a waiver of the right to appeal has been signed by the
			 defendant;
(4) upon filing the
			 notice of appeal, obtain a court order for the trial transcript, and a
			 transcript of any pretrial or posttrial proceedings from which a claim of error
			 may arise;
(5) upon filing the
			 notice of appeal, obtain an order from the district court appointing the state
			 appellate defender as counsel for the appeal and file the order of appointment
			 with the clerk of the district court within five days of the filing of the
			 notice of appeal;
(6) submit a
			 draft of the docketing statement and all documents necessary to docket the
			 appeal required by supreme court rule 2.041 to the appellate defender within 10
			 days of the filing of the notice of appeal; and
(7) submit a listing of all hearings in which
			 a record was taken to the appellate defender, including dates, within 10 days
			 of the filing of the notice of appeal.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-10 - Appointments generally

Current through Register Vol. 43, No. 28, July 11, 2024
Each court appointment funded by the board shall be made in
				accordance with the rules and regulations adopted by the board for providing
				legal defense services for indigent persons as prescribed by the board.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-11 - Conflict cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a conflict
			 of interest will not permit the public defender to represent a defendant, the
			 court shall appoint the designated conflicts office for that county or an
			 assigned attorney who has entered into a contract to represent defendants in
			 conflict cases. If a conflicts office has not been designated for that county,
			 if a contract attorney has not been designated to handle conflicts cases, or if
			 the nature of the conflict requires it, the court shall appoint a qualified
			 attorney from the panel. Each court-appointed attorney in conflict cases shall
			 work independently of the public defender.
(b) Requests for investigative, expert, and
			 other services by court-appointed attorneys shall be made in accordance with
			 K.A.R. 105-7-1.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 3 - APPOINTED ATTORNEYS › Section 105-3-12 - Appointments in capital cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In each case in
			 which the death penalty may be imposed and the defendant is unable to afford
			 counsel, the court shall appoint the capital defender to represent the
			 defendant.
(1) Subject to K.A.R. 105-5-4, the
			 court may appoint co-counsel from the capital appointments panel list to
			 represent the defendant in accordance with the system established by these
			 regulations for providing legal defense services for indigent persons charged
			 with capital felonies. The court, however, shall not appoint any attorney as
			 co-counsel without prior notice to the chief capital defender and the board.
(2) The court shall not appoint
			 any attorney to provide representation in a capital felony without prior notice
			 to the chief capital defender.
(3)
			 Eligibility to serve on the capital appointments panel shall be limited to
			 attorneys who have been screened pursuant to K.A.R. 105-3-2(a)(5).
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 4 - ENTITLEMENT TO LEGAL REPRESENTATION › Section 105-4-1 - Determination of eligibility

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At
			 the commencement of proceedings against any defendant, the defendant may apply
			 for legal representation at state expense by submitting, to the court, an
			 affidavit of indi-gency on a form provided by the board. The court shall
			 determine if the defendant is indigent, based upon consideration of the
			 following factors, as defined in K.A.R. 105-4-2 :
(1) The defendant's liquid assets;
(2) the defendant's household
			 income;
(3) either the defendant's
			 actual, reasonable, and necessary expenses incurred to support the defendant's
			 household or the most current federal poverty guidelines, as published by the
			 U.S. department of health and human services, for the defendant's family
			 unit;
(4) the anticipated cost of
			 private legal representation; and
(5) any transfer of property by the defendant
			 without adequate monetary consideration after the date of the alleged
			 commission of the offense.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 4 - ENTITLEMENT TO LEGAL REPRESENTATION › Section 105-4-2 - Definition of terms

Current through Register Vol. 43, No. 28, July 11, 2024
Terms used to determine eligibility for indigents' defense
				services shall have the following meanings:
(a) Household income. The defendant's
			 household income shall be defined as the defendant's income and the income of
			 all other persons related by birth, marriage, or adoption who reside with the
			 defendant. Income shall include the total cash receipts before taxes from all
			 resources, including money, wages, and the net receipts from nonfarm or farm
			 self-employment. Income shall include regular payments from a governmental
			 income maintenance program, alimony, child support, public or private pensions,
			 annuities, and income from dividends, interest, rents, royalties, or periodic
			 receipts from estates or trusts.
(b) Liquid assets. The defendant's liquid
			 assets shall be defined as cash in hand, stocks and bonds, accounts at
			 financial institutions, real property or homestead having a net value greater
			 than $50,000, a car, and any other property that can be readily converted to
			 cash, with the following exceptions:
(1) The
			 defendant's clothing, household furnishings, and any personal property that is
			 exempt from attachment or levy of execution by
			 K.S.A.
			 60-2304, and amendments thereto;
			 and
(2) any other property, except
			 a homestead having a net value greater than $50,000, that is exempt from
			 attachment or levy of execution by
			 K.S.A.
			 60-2301 et seq., and amendments thereto.
The net value of the homestead shall be the fair market value
				less the mortgage, other encumbrances, and the reasonable cost of sale. The net
				value of any property transferred after the date of the alleged commission of
				the offense shall be included in the determination of the defendant's liquid
				assets.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 4 - ENTITLEMENT TO LEGAL REPRESENTATION › Section 105-4-3 - Affidavit of indigency

Current through Register Vol. 43, No. 28, July 11, 2024
A standard format for an affidavit of indigency shall include
				the following information:
(a) The
			 defendant's liquid assets and household income;
(b) the defendant's household
			 expenses;
(c) any extraordinary
			 financial obligations of the defendant;
(d) the size of the defendant's household;
			 and
(e) any transfer of property by
			 the defendant after the date of the alleged commission of the offense.
If the information provided by the defendant on the affidavit
				is unclear, incomplete, contradictory, or questionable, further inquiry may be
				conducted by the board, the court, the county or district attorney, or other
				officer assigned by the court. The affidavit of indigency forms shall be
				published and distributed annually to the judicial administrator and to the
				administrative judge of each district.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 4 - ENTITLEMENT TO LEGAL REPRESENTATION › Section 105-4-4 - Finding of indigency

Current through Register Vol. 43, No. 28, July 11, 2024
If the court finds a defendant who is entitled to counsel to be
				indigent, as defined by statute and these regulations, the court shall appoint
				counsel to provide legal representation. A court order authorizing legal
				representation at state expense shall be made on a form approved by the board.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 4 - ENTITLEMENT TO LEGAL REPRESENTATION › Section 105-4-5 - Partial indigency

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The court shall
			 find any defendant to be partially indigent if the defendant is able to pay
			 some part of the cost of legal representation and if the payment or payments
			 does not impose manifest hardship on the defendant or the defendant's
			 household. Any defendant may be found to be partially indigent if the
			 defendant's combined household income and liquid assets are greater than the
			 defendant's reasonable and necessary living expenses but less than the sum of
			 the defendant's reasonable and necessary living expenses plus the anticipated
			 cost of private legal representation.
(b) A defendant found to be partially
			 indigent may be ordered by the court to pay, to the clerk of the district
			 court, a sum not more than the amount expended by the board on behalf of the
			 defendant.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-1 - General provisions

Current through Register Vol. 43, No. 28, July 11, 2024
Subject to availability of funding, and with the approval of
				the appropriate judge as provided in K.S.A. 1982 Supp.
				22-4507(b),
				attorneys appointed to represent indigent defendants pursuant to
				K.S.A.
				22-4501,
et seq.
, shall be
				compensated for time spent in case preparation and presentation in court, at
				the rate set forth in
				K.A.R.
				105-5-2.
Compensation shall be subject to maximum compensation
				limitations as set forth in
				K.A.R.
				105-5-6 and
				K.A.R.
				105-5-7.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-2 - Rates of compensation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 appointed counsel shall be compensated at the rate of $80 per hour.
(b) Contract counsel shall be compensated at
			 the rate or rates specified in the contract between the board and the appointed
			 counsel. (Authorized by and implementing K.S.A. 22-4507  and 22-4522; effective
			 May 1, 1984; amended May 1, 1988; amended, T-105-6-13-88, July 1, 1988; amended
			 Oct. 31, 1988; amended July 1, 1993; amended, T-105-6-15-93, July 1, 1993;
			 amended Aug. 16, 1993; amended March 28, 1994; amended Aug. 20, 1999; amended,
			 T-105-7-5-06, July 5, 2006; amended Nov. 13, 2006; amended, T-105-8-16-10, Aug.
			 16, 2010; amended Nov. 5, 2010; amended Dec. 11, 2015; amended Nov. 14, 2016;
			 amended April 26, 2019; amended March 20, 2020.)
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-3 - Appellate courts; compensation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For
			 authorized services performed in appealing a case to the court of appeals or
			 the Kansas supreme court, compensation shall be paid at the rate prescribed in
			   K.A.R. 105-5-2   as approved by the court.
(b) Compensation for attorneys' services in
			 cases appealed to the Kansas supreme court or the court of appeals shall not
			 exceed $1,920. However, additional compensation may be approved by the board as
			 approved by the court. (Authorized by and implementing K.S.A. 22-4507  and
			 22-4522; effective May 1, 1984; amended May 1, 1985; amended Aug. 20, 1999;
			 amended, T-105-7-5-06, July 5, 2006; amended Nov. 13, 2006; amended,
			 T-105-8-16-10, Aug. 16, 2010; amended Nov. 5, 2010; amended Dec. 11, 2015;
			 amended Nov. 14, 2016; amended April 26, 2019; amended March 20,
			 2020.)
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-4 - Multiple attorneys

Current through Register Vol. 43, No. 28, July 11, 2024
No more than one attorney shall be compensated for services
				rendered at the same stage of proceedings, unless the judge determines that
				co-counsel is essential to the accused's effective defense.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-5 - Overpayments

Current through Register Vol. 43, No. 28, July 11, 2024
If it is determined by the director that an attorney has been
				paid an amount in excess of what is allowable according to the current
				regulations regarding compensation, the director shall notify the attorney to
				immediately reimburse the board for a like amount. If not paid on demand, the
				director may recoup that amount from a subsequently approved claim from that
				attorney.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-6 - Reasonable compensation; non-tried cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each appointed attorney shall be compensated for time expended in representing
			 indigent defendants and other indigent persons at the hourly rate prescribed in
			   K.A.R. 105-5-2. Except as provided in   K.A.R. 105-5-8,  reasonable compensation
			 shall not exceed $1,600 in the following cases:
(1) Those felony cases in the trial court
			 that are classified as non-drug offenses of severity levels 1 through 5 that
			 are not submitted to a judge or jury, including services at a preliminary
			 hearing and sentencing, if applicable; and
(2) those felony cases in the trial court
			 that are classified as drug offenses, that have not been submitted to a judge
			 or jury, and in which there have been six hours or more spent in court in
			 defense of the indigent defendant, including services at a preliminary hearing
			 and sentencing, if applicable.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-7 - Reasonable compensation; tried cases

Current through Register Vol. 43, No. 28, July 11, 2024
Each appointed attorney shall be compensated for time expended
				in representing indigent defendants at the hourly rate prescribed in   K.A.R.
				105-5-2. Except as provided in   K.A.R. 105-5-8,  reasonable compensation for
				felony cases tried on pleas of not guilty and submitted to a judge or jury for
				adjudication, including compensation for services at the preliminary hearing,
				sentencing, and motions to modify the sentence, shall not exceed the following:
(a) $2,560 for felonies classified as
			 non-drug offenses of severity levels 5 through 10;
(b)$3,200 for felonies classified as non-drug
			 offenses of severity level 4 and felonies classified as drug offenses of
			 severity levels 2 through 5; and
(c) $8,000 for felonies classified as
			 non-drug offenses of severity levels 1 through 3, of-grid felonies, and
			 felonies classified as drug offenses of severity level 1.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-8 - Compensation; exceptional cases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 compensation for attorneys' services in excess of the amounts specified in
			   K.A.R. 105-5-6  and    K.A.R. 105-5-7   may be approved only in exceptional cases. A
			 finding by the court that a case is exceptional shall be subject to final
			 approval by the board. An exceptional case shall mean any of the following:
(1) Any case involving a felony charge in the
			 trial court that is of-grid;
(2)
			 any felony case tried on a not guilty plea in which there have been 25 or more
			 hours spent in court in defense of the indigent defendant;
(3) any felony case not submitted to a judge
			 or jury in which there have been 10 hours or more of in-court time spent in
			 defense of the indigent defendant; or
(4) any case that has been declared an
			 exceptional case by the court due to its complexity or other significant
			 characteristics.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 5 - ATTORNEY COMPENSATION › Section 105-5-9 - Factors in determining compensation in exceptional cases

Current through Register Vol. 43, No. 28, July 11, 2024
The following factors shall be considered by the board in its
				determination of reasonable compensation in exceptional cases:
(a) the amount and the type of services
			 rendered;
(b) the amount of time
			 expended on the case;
(c) the
			 character and importance of the litigation;
(d) the amount of money or value of the
			 property affected;
(e) the legal
			 skills and experience required for the particular case;
(f) the ratio of out-of-court preparation
			 time to in-court time;
(g) the
			 reasonableness of client contact; and
(h) the proximity of the client to attorney
			 defense services.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 6 - REIMBURSEMENT OF EXPENSES › Section 105-6-1 - Reimbursement generally

Current through Register Vol. 43, No. 28, July 11, 2024
Appointed attorneys shall be reimbursed for expenses reasonably
				incurred in performance of duties when approved by the appropriate judge as
				provided in K.S.A. 1982 Supp.
				22-4507(b).
				Expense reimbursements shall not be considered within the maximum amounts of
				compensation set out in
				K.A.R.
				105-5-6 and
				K.A.R.
				105-5-7.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 6 - REIMBURSEMENT OF EXPENSES › Section 105-6-2 - Expenses allowed

Current through Register Vol. 43, No. 28, July 11, 2024
Expense reimbursements shall include reimbursement for the
				following expenses:
(a) the cost of
			 photocopying prepared briefs;
(b)
			 the cost of binding appellate briefs for each case;
(c) in-state travel and subsistence by
			 appointed attorneys, not to exceed the rate set by the secretary of the
			 department of administration for state employees in accordance with
			 K.S.A.
			 75-3201, et seq. and
			 K.S.A.
			 75-4601, et seq.;
(d) expenses incurred by appointed attorneys
			 in obtaining computerized legal research if the case presents a unique question
			 of law to be researched. Such expenses shall not exceed $200;
(e) expenses incurred by appointed attorneys
			 in taking depositions, if found to be authorized by statute and necessary in
			 order to provide an adequate defense and when prior approval has been obtained
			 from the court;
(f) costs of
			 mailing briefs; and
(g) expenses
			 incurred by appointed attorneys which would otherwise have been approved and
			 paid by the board directly to a third party in accordance with statute or rule
			 and regulation.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 7 - INVESTIGATIVE, EXPERT OR OTHER SERVICES › Section 105-7-1 - Funding approval; court order authorizing services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Funding for the estimated cost of
			 investigative, expert, and other services shall be approved by the board before
			 any appointed attorney submits the order to the court for authorization of the
			 services. Funding shall not be approved until the board signs a contract with
			 the service provider for the approved cost as specified in the contract. The
			 contract form provided by the board shall be used. Attorney time spent
			 preparing a contract other than that approved by the board shall not be
			 compensable.
The original contract signed by the service provider and the
				board shall be maintained by the board. A fully executed copy of this contract
				shall be returned to the attorney requesting defense services.
(b) Each court order authorizing
			 investigative, expert, or other services for an indigent defendant shall be
			 made on a form approved by the board and shall include an estimate of the cost
			 of those services. Attorney time spent preparing an order form other than that
			 approved by the board shall not be compensable.
(c) If the district court finds, on the
			 record, that timely procurement of necessary services could not await prior
			 authorization by the court, then funding for those necessary services already
			 provided shall be approved by the board.
A copy of the court order shall be sent to the board promptly,
				after being signed by the judge.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 7 - INVESTIGATIVE, EXPERT OR OTHER SERVICES › Section 105-7-2 - Claims

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each claim for
			 compensation for investigative, expert, or other services provided to an
			 indigent defendant shall be submitted on a form approved by the board. Each
			 claim shall be signed by the attorney requesting the service and the judge
			 before transmittal to the board. Each claim for investigative, expert, or other
			 services shall include the service provider's time sheet detailing time
			 expended in the performance of these services and any compensation received for
			 the same services from any other source.
(b) Claims for expert services rendered at
			 the request of a public defender office shall be excluded from the provisions
			 of K.A.R. 105-7-1.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 7 - INVESTIGATIVE, EXPERT OR OTHER SERVICES › Section 105-7-3 - Limitations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each claim for
			 compensation shall be for investigative, expert, or other services performed on
			 or after the date of the order authorizing the services, unless the judge finds
			 that timely procurement of necessary services could not await prior
			 authorization by the court.
(b) A
			 claim shall not exceed the estimated cost and funding approved by the board as
			 specified in the contract and the order authorizing the services.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 7 - INVESTIGATIVE, EXPERT OR OTHER SERVICES › Section 105-7-4 - Investigators

Current through Register Vol. 43, No. 28, July 11, 2024
Each individual performing services as an investigator shall be
				compensated at a rate not to exceed $35 per hour, unless a higher rate has been
				approved in advance by the director.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 7 - INVESTIGATIVE, EXPERT OR OTHER SERVICES › Section 105-7-6 - Interpreters

Current through Register Vol. 43, No. 28, July 11, 2024
Each individual performing services as interpreter for the
				defense shall be compensated at a rate not to exceed $30 per hour, unless a
				higher rate has been approved in advance by the director. No more than one
				interpreter per defendant may be compensated for services performed at the same
				stage of the proceeding.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 7 - INVESTIGATIVE, EXPERT OR OTHER SERVICES › Section 105-7-9 - Services not compensable

Current through Register Vol. 43, No. 28, July 11, 2024
The following services shall not be compensable unless approved
				by the director:
(a) polygraph
			 examinations;
(b) psychological
			 stress evaluation exams;
(c)
			 psychiatric or other services arising out of proceedings to determine
			 competency to stand trial;
(d)
			 other expert tests unless the results are admissible as evidence; and
(e) any other expert services not
			 necessary for an adequate defense of the case.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 8 - COURT REPORTERS; TRANSCRIPTS › Section 105-8-1 - Generally

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an
			 attorney appointed to represent an indigent defendant at trial determines that
			 a transcript or partial transcript of the trial will be necessary to prosecute
			 an appeal, the attorney shall request a court order for the transcript.
			 Attorneys shall order complete transcripts only when absolutely necessary for
			 the appeal, in accordance with supreme court rules.
(b) Each court order for a transcript shall
			 be made on a form approved by the board. A copy of the order shall be mailed to
			 the board promptly. The order shall specify whether a full or partial
			 transcript is to be prepared.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 8 - COURT REPORTERS; TRANSCRIPTS › Section 105-8-3 - Compensation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Court reporters
			 shall receive compensation for one original transcript in a single-defendant
			 case appealed to the appellate courts. In multi-defendant cases appealed to the
			 appellate courts, court reporters shall be compensated for one original
			 transcript and one transcript copy for each additional co-defendant.
(b) Compensation shall be at the rate set for
			 transcripts pursuant to the rules of the supreme court relating to official
			 court reports.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 8 - COURT REPORTERS; TRANSCRIPTS › Section 105-8-4 - Claims not allowed

Current through Register Vol. 43, No. 28, July 11, 2024
Claims by court reporters for transcripts of pleas of guilty or
				nolo contendere, preliminary hearings, voir dire proceedings, opening
				statements or closing statements shall not be compensated except when the
				defendant alleges that it is necessary to enable the person to present the
				appeal adequately.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 9 - CLAIMS GENERALLY › Section 105-9-1 - General provisions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All claims for
			 payment for legal representation provided to an indigent defendant by
			 attorneys, court reporters, investigators and all others shall be submitted to
			 the board for payment not later than 60 days after the termination of services.
(b) Unless otherwise specified,
			 all claims that comply with these rules and regulations shall be processed for
			 payment by the director.
(c)
			 Claims not conforming with rules and regulations prescribed by the board may be
			 denied payment.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 9 - CLAIMS GENERALLY › Section 105-9-2 - Approval of claims

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each claimant
			 shall complete and sign the necessary claim forms and submit them to the court
			 for approval.
(b) The judge shall
			 examine each claim and determine if it is reasonable and in accordance with
			 rules and regulations adopted by the board. In determining the reasonableness,
			 the judge shall consider the nature and complexity of the factual and legal
			 issues involved and the time reasonably necessary to prepare and present the
			 case.
(c) The judge may reduce the
			 amount of any claim submitted for approval.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 9 - CLAIMS GENERALLY › Section 105-9-3 - Claims from attorneys

Current through Register Vol. 43, No. 28, July 11, 2024
Each claim from an attorney for compensation and reimbursement
				of allowable expenses shall be filed with the board on a voucher form approved
				by the board. Each claim shall be accompanied by a timesheet, in a form
				approved by the board, detailing:
(a)
			 the date of each compensable activity;
(b) the purpose of the activity performed;
(c) the type of activity
			 performed;
(d) the amount of time,
			 in tenths of hours, spent on each activity; and
(e) the amount of compensation received for
			 the same services from any other source.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 9 - CLAIMS GENERALLY › Section 105-9-5 - Proration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The payment of
			 attorney claims may be prorated by the board if the board determines that
			 funding in any fiscal year is insufficient to pay all claims in full.
(b) Prior to a decision by the
			 board to prorate claims pursuant to
			 K.S.A.
			 22-4507(c) and K.A.R.
			 105-9-5 (a), a public hearing shall be conducted by the board to determine the
			 impact such a decision would have on the quality of representation afforded to
			 indigent defendants and the availability of sufficient numbers of attorneys on
			 the county and district panels.
(c) A decision by the board to prorate claims
			 may consist of an equitable reduction in the hourly rate of compensation on all
			 pending and anticipated claims. The reduced hourly rate of compensation shall
			 be set at an amount that will enable the agency to process the reduced hourly
			 rate on all pending and anticipated claims for the remainder of the fiscal year
			 in which the claims are submitted for payment.
(d) Upon a decision to prorate claims but not
			 sooner than 30 days prior to the effective date of the proration plan, the
			 following information shall be published by the board in the Kansas Register:
(1) the beginning and ending dates of the
			 period in which proration will be implemented;
(2) the revised hourly rate of compensation
			 to be paid to appointed attorneys; and
(3) the anticipated savings from the board's
			 proration plan.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 10 - SYSTEMS FOR PROVIDING LEGAL DEFENSE SERVICES FOR INDIGENT PERSONS › Section 105-10-1a - Public defender systems at the trial level

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in K.A.R. 105-3-11, each public defender office shall provide all
			 indigent felony and related defense services at the trial level.
(b) If the director has provided notice
			 pursuant to K.A.R. 105-10-3, to the administrative judge of the judicial
			 district in which a case is filed, of the board's designation of a conflicts
			 office for a county, the designated conflicts attorney office shall be
			 appointed and shall provide indigent felony and related defense services at the
			 trial level for those cases that cannot be handled by the public defender
			 office due to potential conflicts of interest, with the exception of those
			 cases that the designated conflicts attorney office cannot handle due to a
			 potential conflict of interest.
(c) Each trial court shall appoint the public
			 defender to provide felony defense services in all felony and other cases set
			 forth in K.A.R. 105-1-1(a), with the following exceptions:
(1) if the director has not designated a
			 public defender office to provide defense services in the county;
(2) if the director has designated a public
			 defender office to provide defense services in only selected felony severity
			 levels;
(3) if K.A.R. 105-10-2
			 requires the appointment of the state appellate defender;
(4) if a conflict of interest will not permit
			 the public defender to represent the defendant and the conflicts attorney
			 office or contract attorney designated to handle conflicts cases is not
			 available; or
(5) if the public
			 defender office withdraws from the case or declines the case as provided in
			 K.A.R. 105-21-3.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 10 - SYSTEMS FOR PROVIDING LEGAL DEFENSE SERVICES FOR INDIGENT PERSONS › Section 105-10-2 - Public defender system for appeals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The state
			 appellate defender office shall provide defense services in the appellate
			 courts of Kansas for all indigent appeals taken from cases described in
			 subsection (b) in all district courts of Kansas.
(b) The court shall appoint the state
			 appellate defender to provide appellate representation to persons determined to
			 be indigent in the following cases:
(1) all
			 felony appeals;
(2) appeals from
			 the denial of a motion pursuant to
			 K.S.A.
			 60-1507;
(3) appeals from the denial of a petition for
			 a writ of habeas corpus pursuant to
			 K.S.A.
			 22-2710; and
(4) appeals pursuant to K.S.A. 1985 Supp.
			 38-1681(a).
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 10 - SYSTEMS FOR PROVIDING LEGAL DEFENSE SERVICES FOR INDIGENT PERSONS › Section 105-10-3 - Implementation schedule for public defender system

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The district
			 court judge shall appoint the public defender, or any other attorney under the
			 system established by the board, to represent all persons entitled to counsel
			 under K.S.A. 22-4501,
et
			 seq.
who have not, before the system implementation date, had counsel
			 appointed in the action pending before the court. The system implementation
			 date in a particular county shall be the date provided in written notice by the
			 director to the following persons:
(1) the
			 judicial administrator for the Kansas unified judicial branch; and
(2) the district court administrative judge.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 10 - SYSTEMS FOR PROVIDING LEGAL DEFENSE SERVICES FOR INDIGENT PERSONS › Section 105-10-4 - Notification of designation of conflicts office

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The director
			 shall provide notice of the board's designation of a conflicts office to the
			 administrative judge of the judicial district by certified letter, return
			 receipt requested, at least 30 calendar days prior to the time the designation
			 becomes effective. The notice shall in-clude:
(1) the county for which such office is
			 designated as the conflicts office;
(2) the effective date of the designation;
			 and
(3) the name, address and
			 phone number of the designated conflicts office.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 10 - SYSTEMS FOR PROVIDING LEGAL DEFENSE SERVICES FOR INDIGENT PERSONS › Section 105-10-5 - Assigned counsel contracts

Current through Register Vol. 43, No. 28, July 11, 2024
A public defender, the state appellate defender, and the
				designated conflicts office may, upon written authorization by the director,
				contract for services with qualified attorneys to undertake representation of
				indigent defendants to which each office has been appointed.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 21 - PUBLIC DEFENDER GUIDELINES › Section 105-21-1 - Qualifications

Current through Register Vol. 43, No. 28, July 11, 2024
Each public defender shall be an attorney licensed to practice
				law in Kansas and shall be selected on the basis of merit. Primary
				qualifications shall be:
(a)
			 demonstrated commitment to the provision of quality legal representation for
			 eligible persons charged with or convicted of criminal conduct;
(b) demonstrated ability to properly
			 administer a law office of similar size and responsibility to that of the
			 public defender office; and
(c)
			 demonstrated knowledge of criminal law and effective ability to provide actual
			 representation.
Kansas Administrative Regulations › Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES › Article 21 - PUBLIC DEFENDER GUIDELINES › Section 105-21-2 - Scope of representation

Current through Register Vol. 43, No. 28, July 11, 2024
Except as otherwise provided by law or by ethical
				considerations, each public defender shall accept and undertake representation
				of all persons assigned to that office and determined to be eligible for the
				services of the public defender in accordance with K.S.A. 1982 Supp.
				22-4501,
et
				seq.