22-3104.
Counsel for witness.
(1) Any person called to testify at an inquisition must be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. 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, he shall be required to obtain other counsel within three (3) days in order that the inquisition may proceed. If such person is indigent and unable to obtain the services of counsel, the judge shall appoint counsel to assist him who shall be compensated as counsel appointed for indigent defendants in the district court.
(2) Counsel for any witness shall be present while the witness is testifying and may interpose objections on behalf of the witness. He shall not be permitted to examine or cross-examine his client or any other witness at the inquisition.
History:
L. 1970, ch. 129, § 22-3104; July 1.
Notes of Decisions
State v. Cathey (1987)
kan · cites it 2×
“22-3102 and K.S.A. 22-3104, Cathey was informed before testifying that he had the right to counsel and the right to refuse to answer any questions that were self-incriminating.”
In Re the Investigation Into the Homicide of T.H. (1997)
kanctapp · cites it 4×
“” K.S.A. 22-3104 provides: “(1) Any person called to testify at an inquisition must be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him.”
State v. Jones (2007)
kan
“The Cathey court noted that statutoiy safeguards provided by K.S.A. 22-3104 (right to counsel and right not to make incriminating statement) were adequate to protect an inquisition witness’ constitutional rights.”
State v. Tims (2015)
kan
“22-2805(b) (material witness in custody); K.S.A. 22-3104(1) (counsel for inquisition witness); K.”
State v. Brewer (1987)
kanctapp
“Under K.S.A. 22-3104, inquisition witnesses *657 must be informed of their right to counsel and no questioning is permitted until counsel is present once counsel has been requested.”
State v. Turner (2011)
kanctapp
“The court also noted that pursuant to K.S.A. 22-3104, any witness at an inquisition must be informed of his or her right to counsel and that counsel for any witness may be present during the testimony and may object on behalf of the witness.”
State v. Tims (2014)
kanctapp
“22-2805(b) (material witness in custody); K.S.A. 22-3104(1) (counsel for inquisition witness); K.”
In re An Order To Summon Grand Jury (1999)
kan
“22-3101(1) and (3), K.S.A. 22-3104, Initially, therefore, an inquisition witness’ refusal to answer would be indirect contempt and would be subject to the procedural requirements of K.”
— K.S.A. § 22-3104(1) — 2 cases
State v. Tims (2015)
kan
“22-2805(b) (material witness in custody); K.S.A. 22-3104(1) (counsel for inquisition witness); K.”
State v. Tims (2014)
kanctapp
“22-2805(b) (material witness in custody); K.S.A. 22-3104(1) (counsel for inquisition witness); K.”
— K.S.A. § 22-3104(2) — 1 case
In Re the Investigation Into the Homicide of T.H. (1997)
kanctapp
“” K.S.A. 22-3104 provides: “(1) Any person called to testify at an inquisition must be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him.”
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