K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3009 (2026)

Counsel for witness

✓ current as of May 2026
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22-3009. Counsel for witness. (a) Any person called to testify before a grand jury must be informed that such person has a right to be advised by counsel and that such person shall not be required to make any statement which will incriminate such person. Upon a request by such person for counsel, no further examination of the witness shall take place until counsel is present. In the event that counsel of the witness' choice is not available, the witness shall be required to obtain other counsel within three days in order that the work of the grand jury may proceed. If such person is indigent and unable to obtain the services of counsel, the court shall appoint counsel to assist such person who shall be compensated as counsel appointed for indigent defendants in the district court.

(b) Counsel for any witness may be present while the witness is testifying and may interpose objections on behalf of the witness. Such counsel shall not be permitted to examine or cross-examine such counsel's client or any other witness before the grand jury.

History: L. 1970, ch. 129, § 22-3009; L. 2013, ch. 85, § 10; July 1.

CASE ANNOTATIONS

1. No constitutional violation for requiring defendant to invoke 5th amendment rights in front of grand jury on a question-by-question basis. State v. Turner, 45 Kan. App. 2d 744, 250 P.3d 286 (2011).


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Notes of Decisions
Cited in 5 cases, 1975–2018 · leading case: United States v. Mandujano, 425 U.S. 564 (1976).
Sort: Relevance Newest Treatment
United States v. Mandujano, 425 U.S. 564 (1976). · cites it 2× “Certainly there is no viable argument that allowing counsel to be present in the grand jury room for purposes of consultation regarding testimonial privileges would subvert the nature or functioning of the grand jury proceeding.”
State Ex Rel. Stephan v. Smith, 747 P.2d 816 (Kan. 1987). “59-2917; “(11) grand jury witnesses called to testify pursuant to K.S.A. 22-3009; “(12) material witnesses committed to custody as authorized by K.”
People v. Blachura, 229 N.W.2d 877 (Mich. Ct. App. 1975). · cites it 2× “Kan Stat Ann § 22-3009; Utah Code Ann § 77-19-3; Rev Code Wash § 10.”
State v. Turner, 250 P.3d 286 (Kan. Ct. App. 2011). · cites it 3× “K.S.A. 22-3009 mandates that a grand jury witness must be informed of his or her right to counsel and that counsel for any witness may be present during testimony and may object on behalf of the witness but may not examine or cross-examine any witness before the grand jury.”
In re Petition to Summon Grand Jury, 423 P.3d 1044 (Kan. Ct. App. 2018). “See K.S.A. 2017 Supp. 22-3009 (requiring witnesses receive notice of their right to consult counsel and have counsel present during grand jury questioning); Okla.”
— K.S.A. § 22-3009(1) — 1 case
State v. Turner, 250 P.3d 286 (Kan. Ct. App. 2011). “K.S.A. 22-3009 mandates that a grand jury witness must be informed of his or her right to counsel and that counsel for any witness may be present during testimony and may object on behalf of the witness but may not examine or cross-examine any witness before the grand jury.”
— K.S.A. § 22-3009(2) — 1 case
State v. Turner, 250 P.3d 286 (Kan. Ct. App. 2011). “K.S.A. 22-3009 mandates that a grand jury witness must be informed of his or her right to counsel and that counsel for any witness may be present during testimony and may object on behalf of the witness but may not examine or cross-examine any witness before the grand jury.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.