Kan. Admin. Regs. § 105-1-1

Current through Register Vol. 43, No. 45, November 7, 2024

Section 105-1-1 - Legal representation provided

(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.

(b) Legal representation at state expense shall not be provided in the following types of cases:

(1) services on behalf of juvenile offenders, unless the juvenile is charged with commission of a felony offense as an adult under the criminal laws of Kansas;

(2) services on behalf of a defendant charged with a misdemeanor or a defendant appealing a misdemeanor conviction;

(3) any case in which the defendant or other person represented has not been determined to be indigent or partially indigent by a judge, using guidelines developed by the board of indigents' defense services; and

(4) any case in which an attorney has not been appointed by a judge to represent the defendant.

(c) Legal representation shall continue until final resolution of the cause for which appointed.

Kan. Admin. Regs. § 105-1-1

Authorized by K.S.A. 1997 Supp. 22-4522; implementing K.S.A. 1997 Supp. 22-2805, K.S.A. 22-3009, 22-3716, K.S.A. 1997 Supp. 22-4503, K.S.A. 1997 Supp. 22-4505, K.S.A. 1997 Supp. 22-4506, K.S.A. 1997 Supp. 22-4522 and K.S.A. 1997 Supp. 38-1681; effective May 1, 1984; amended Aug. 20, 1999.