Printable Format22-4522. Powers and duties. The state board of indigents' defense services shall:
(a) Provide, supervise and coordinate, in the most efficient and economical manner possible, the constitutionally and statutorily required counsel and related services for each indigent person accused of a felony and for such other indigent persons as prescribed by statute;
(b) establish, in each county or combination of counties designated by the board, a system of appointed counsel, contractual arrangements for providing contract counsel or public defender offices, or any combination thereof, on a full- or part-time basis, for the delivery of legal services for indigent persons accused of felonies;
(c) approve an annual operating budget for the board and submit that budget as provided in K.S.A. 75-3717, and amendments thereto;
(d) collect payments from indigent defendants as ordered by the court by methods including, but not limited to, utilization of debt collection procedures authorized by K.S.A. 75-6201 et seq., and amendments thereto;
(e) adopt rules and regulations in accordance with K.S.A. 77-415 et seq., and amendments thereto, which are necessary for the operation of the board and the performance of its duties and for the guidance of appointed counsel, contract counsel and public defenders, including, but not limited to:
(1) Standards for entitlement to legal representation at public expense;
(2) standards and guidelines for compensation of appointed counsel and investigative, expert and other services within the limits of appropriations;
(3) criteria for employing contract counsel;
(4) qualifications, standards and guidelines for public defenders, appointed counsel and contract counsel; and
(5) adopt and maintain reimbursement tables which set forth the cost to the board of indigents' defense services for each separate category of service provided;
(f) prepare and submit to the governor and legislature an annual report on the operations of the board; and
(g) hold a hearing before changing the system for providing legal services for indigent persons accused of felonies in any county or judicial district if such a hearing is requested by two or more members of the board.
History: L. 1982, ch. 142, § 4; L. 1997, ch. 181, § 24; July 1.
Attorney General's Opinions:
Aid to indigent defendants; entitlement to compensation. 84-119.
Habeas corpus proceeding challenging conditions of confinement; right of defendant to counsel; compensation of counsel. 97-71.
Amount of money which may be expended for expert testimony by defense subject to regulation by Board of Indigents' Defense Services. 2003-19.
No requirement to establish mandatory provisions for reimbursement of expert, investigative and other defense services. 2004-33.
CASE ANNOTATIONS
1. Board review and denial of compensation claims for appointed attorneys not violation of separation of powers doctrine. Clark v. Ivy, 240 Kan. 195, 204, 727 P.2d 493 (1986).
2. Present system for appointment of legal counsel, as administered, violates U.S. and Kansas constitutions. State ex rel. Stephan v. Smith, 242 Kan. 336, 341, 377, 383, 747 P.2d 816 (1987).
3. Defendant's right to counsel at hearing on motion to modify sentence (K.S.A. 21-4603(3)) determined. State v. Pierce, 246 Kan. 183, 190, 787 P.2d 1189 (1990).
4. Fees of appointed counsel and expert witnesses in sexually violent predator act litigation are responsibility of county. In re Care & Treatment of Raborn, 259 Kan. 813, 819, 916 P.2d 15 (1996).
5. Appointed counsel must have certain standards of competence. Swenson v. State, 35 Kan. App. 2d 709, 726, 135 P.3d 157 (2006).
6. Cited; defendant has a statutory right to counsel to seek Kansas supreme court review in criminal proceeding. Kargus v. State, 284 Kan. 625, 631, 632, 633, 640, 641, 162 P.3d 818 (2007).
7. Mentioned; no statutory requirement for court to advise K.S.A. 60-1507 petitioner of right to appeal. Guillary v. State, 285 Kan. 223, 170 P.3d 403 (2007).