K.S.A. » Chapter 12
Kansas Statutes Annotated

K.S.A. § 12-4405 (2026)

Appointment of counsel, when

✓ current as of May 2026
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12-4405. Appointment of counsel, when. If the municipal judge has reason to believe that if found guilty, the accused person might be deprived of his or her liberty and is not financially able to employ counsel, the judge shall appoint an attorney to represent the accused person.

Financial inability to employ counsel shall be determined by the methods provided in K.S.A. 22-4504.

History: L. 1973, ch. 61, § 12-4405; April 1, 1974.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1979–2021 · leading case: City of Overland Park v. Estell, 592 P.2d 909 (Kan. 1979).
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City of Overland Park v. Estell, 592 P.2d 909 (Kan. 1979). · cites it 5× ““The Court finds that under K.S.A. 12-4405 the Municipal Court of Overland Park is required to appoint attorneys for those people found indigent both at the Municipal Court and the District Court level.”
State Ex Rel. Stephan v. Smith, 747 P.2d 816 (Kan. 1987). “K.S.A. 12-4405 required the municipal court to appoint counsel but was silent as to payment.”
State v. Allen, 20 P.3d 747 (Kan. Ct. App. 2001). · cites it 2× “12-4405, which provides for the appointment of counsel in municipal court proceedings as follows: “If the municipal judge has reason to believe that if found guilty, the accused person might be deprived of his or her liberty and is not financially able to employ counsel, the…”
State v. Tims, 355 P.3d 660 (Kan. 2015). “, K.S.A. 12-4405 (some municipal cases); K.”
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021). “Municipal court judges are not required to be attorneys. See K.S.A. 12-4105.”
State v. Oehm, 680 P.2d 309 (Kan. Ct. App. 1984). “K.S.A. 12-4405 provides for the appointment of counsel if a municipal judge has reason to believe that if found guilty, the accused might be deprived of his or her liberty and is not financially able to employ counsel.”
State v. Long, 225 P.3d 754 (Kan. Ct. App. 2010). “” K.S.A. 12-4405. Long’s argument focuses entirely on his constitutional right to counsel and not on the statutory right.”
State v. Long, 203 P.3d 45 (Kan. Ct. App. 2009). “” K.S.A. 12-4405. Long’s argument focuses entirely on his constitutional right to counsel and not on the statutory right.”
State v. Tims, 317 P.3d 115 (Kan. Ct. App. 2014). “, K.S.A. 12-4405 *856 (some municipal cases); K.”
State v. Skeen, 592 P.2d 150 (Kan. Ct. App. 1979). “” and on K.S.A. 12-4405 which provides for the appointment of counsel if the municipal judge has reason to believe that, if found guilty, the accused person might be deprived of his or her liberty.”
Cuellar, 25 I. & N. Dec. 850 (2012). “210 (2012); see also Kan. Stat. Ann. § 12-4405 (West 2008) (“If the municipal judge has reason to believe that if found guilty, the accused person might be deprived of his or her liberty and is not financially able to employ counsel, the judge shall appoint an attorney to…”
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