22-4501.
Panel of attorneys for indigents' defense services; eligibility; amendment, review and approval; appointments to aid defendants, method.
(a) The judge or judges of the district court of each county shall prepare, and file in the office of the clerk of the district court, a list of attorneys who are eligible for assignment to represent indigent persons accused of crimes, such list to be known as the panel for indigents' defense services.
(b) Each member of the panel for indigents' defense services shall be available to represent indigent defendants upon the appointment of any judge of the district court of the judicial district in which such member maintains an office for the practice of law, or any adjacent judicial district. All such appointments shall be in accordance with the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services for the county or judicial district. A judge of the district court may appoint an attorney who is a member of the panel for indigents' defense services of a county other than the county where the case is pending only after such judge of the district court has found that no member of the panel for indigents' defense services of the county where the case is pending is eligible or qualified to represent the defendant.
(c) The panel for indigents' defense services may be amended by the addition of names thereto or the deletion of names therefrom whenever the removal of attorneys to or from the district or any other cause makes such action appropriate, and at least once annually it shall be reviewed and approved by the judge or judges of the district court of the county.
(d) The state board of indigents' defense services shall provide by rule and regulation for the assignment of attorneys to the panel for indigents' defense services, for the distribution of the list of panel members to the judges of the district court and law enforcement officials of the judicial district, and for the appointment, by rotation or otherwise, of counsel from the panel for indigents' defense services to represent indigent persons charged with crimes in such cases and under such circumstances as may be required by law.
History:
L. 1969, ch. 291, § 1; L. 1976, ch. 145, § 110; L. 1982, ch. 142, § 11; July 1.
Notes of Decisions
State Ex Rel. Stephan v. Smith, 747 P.2d 816 (Kan. 1987).
· cites it 8× “The State asks this court to issue a writ of mandamus compelling Judges Smith and Fromme to perform their statutory duties as directed by the Indigent Defense Services Act, K.S.A. 1986 Supp. 22-4501 et seq., and the rules and regulations promulgated by the State Board of…”
State v. Cheatham, 292 P.3d 318 (Kan. 2013).
“See K.S.A. 22-4501 et seq. Scalia informed Haw-ver about the services and assistance BIDS would provide in Cheatham’s death penalty case, including furnishing cocounsel, investigators, consultants, and expert witnesses.”
Mashaney v. Bd. of Indigents' Def. Servs., 355 P.3d 667 (Kan. 2015).
“Mashaney concedes that there is no express statutory authorization vesting BIDS with the capacity to sue or be sued, but he urges this court to “delve beyond the surface” of the Indigents’ Defense Services Act, K.S.A. 22-4501 et seq., to find such authority.”
Steere v. Cupp, 602 P.2d 1267 (Kan. 1979).
· cites it 2× “K.S.A. 22-4501 et seq. On March 4, 1974, while acting as Mrs.”
State v. Keener, 577 P.2d 1182 (Kan. 1978).
· cites it 2× “After the conclusion of the criminal case, defense counsel submitted a claim voucher for the time and expense involved in the defense of the case.”
Sharp v. State, 783 P.2d 343 (Kan. 1989).
· cites it 2× “prior to July 1, 1988, under the Indigent Defense Services Act, K.S.A. 1986 Supp. 22-4501 et seq., and the rules and regulations promulgated thereunder.”
James v. Strange, 407 U.S. 128 (1972).
“2 Kan. Stat. Ann. §§22-4501 to 22-4515 (Supp.”
Clark v. Ivy, 727 P.2d 493 (Kan. 1986).
· cites it 2× “See Indigents’ Defense Services Act, K.S.A. 22-4501 et seq. The change was not opposed by the judicial branch.”
State Ex Rel. Topeka Police Dep't v. $895.00 U.S. Currency, 133 P.3d 91 (Kan. 2006).
“Legislative Intent for Recovery of Attorney Fees With regard to the legislature’s intent to provide reimbursement to appointed counsel, BIDS directs this court’s attention to the Aid to Indigent Defendants Act, K.S.A. 22-4501 etseq.; see K.S.A. 2005 Supp.”
State v. Pierce, 787 P.2d 1189 (Kan. 1990).
“105-l-l(a)(7) adopted pursuant to the Indigents’ Defense Services Act (the Act), K.S.A. 22-4501 et seq. The regulation reads, inter alia: “(a) Legal representation, at state expense, shall be provided to all persons who are financially unable to obtain adequate representation…”
Wesley Med. Ctr. v. City of Wichita, 703 P.2d 818 (Kan. 1985).
“It was undisputed that defendant Rainey was an indigent within the meaning of K.S.A. 22-4501 et seq. The claim for medical treatment supplied to *809 defendant Rainey by Wesley Medical Center from July 11, 1981, to July 31, 1981, amounted to $19,071.”
Safarik v. Bruce, 883 P.2d 1211 (Kan. Ct. App. 1994).
““(4) Such offender shall be represented by appointed counsel pursuant to the provisions of K.S.A. 22-4501 et seq. and amendments thereto.”
— K.S.A. § 22-4501(b) — 1 case
State Ex Rel. Stephan v. Smith, 747 P.2d 816 (Kan. 1987).
“The State asks this court to issue a writ of mandamus compelling Judges Smith and Fromme to perform their statutory duties as directed by the Indigent Defense Services Act, K.S.A. 1986 Supp. 22-4501 et seq., and the rules and regulations promulgated by the State Board of…”
— K.S.A. § 22-4501(e) — 1 case
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