Kansas Statutes Annotated

K.S.A. § 22-4505 (2026)

Appeals; record; capital murder cases; appointment of counsel; assignment, standards and compensation

✓ current as of May 2026

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22-4505. Appeals; record; capital murder cases; appointment of counsel; assignment, standards and compensation. (a) When a defendant has been convicted in the district court of any felony, the court shall inform the defendant of such defendant's right to appeal the conviction to the appellate court having jurisdiction and that if the defendant is financially unable to pay the costs of such appeal such defendant may request the court to appoint an attorney to represent the defendant on appeal and to direct that the defendant be supplied with a transcript of the trial record.

(b) If the defendant files an affidavit stating that the defendant intends to take an appeal in the case and if the court determines, as provided in K.S.A. 22-4504, and amendments thereto, that the defendant is not financially able to employ counsel, the court shall appoint counsel from the panel for indigents' defense services or otherwise in accordance with the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services, to represent the defendant and to perfect and handle the appeal. If the defendant files a verified motion for transcript stating that a transcript of the trial record is necessary to enable the defendant to prosecute the appeal and that the defendant is not financially able to pay the cost of procuring such transcript, and if the court finds that the statements contained therein are true, the court shall order that such transcript be supplied to the defendant as provided in K.S.A. 22-4509, and amendments thereto, and paid for by the state board of indigents' defense services pursuant to claims submitted therefor.

(c) Upon an appeal or petition for certiorari addressed to the supreme court of the United States, if the defendant is without means to pay the cost of making and forwarding the necessary records, the supreme court of Kansas may by order provide for the furnishing of necessary records.

(d) (1) The state board of indigents' defense services shall provide by rule and regulation for: (A) The assignment of attorneys to the panel for indigents' defense services to represent indigent persons who have been convicted of capital murder and are under sentence of death, in the direct review of the judgment;

(B) standards of competency and qualification for the appointment of counsel in capital cases under this section; and

(C) the reasonable compensation of counsel appointed to represent individuals convicted of capital murder and under a sentence of death in the appeal of such cases and for reasonable and necessary litigation expense associated with such appeals.

(2) If a defendant has been convicted of capital murder and is under a sentence of death, the district court shall make a determination on the record whether the defendant is indigent. Upon a finding that the defendant is indigent and accepts the offer of representation or is unable competently to decide whether to accept or reject the offer, the court shall appoint one or more counsel, in accordance with subsection (d)(1), to represent the defendant. If the defendant rejects the offer of representation, the court shall find on the record, after a hearing if necessary, whether the defendant rejected the offer of representation with the understanding of its legal consequences. The court shall deny the appointment of counsel upon a finding that the defendant is competent and not indigent.

(3) Counsel appointed to represent the defendant, under this section, shall not have represented the defendant at trial unless the defendant and counsel expressly request continued representation.

History: L. 1969, ch. 291, § 5; L. 1976, ch. 163, § 24; L. 1982, ch. 142, § 15; L. 1997, ch. 181, § 5; July 1.

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 1979–2024 · leading case: Kargus v. State, 169 P.3d 307 (Kan. 2007).

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Kargus v. State, 169 P.3d 307 (Kan. 2007). · cites it 7× “K.S.A. 22-4505 was enacted in 1969. See L.”

State v. Shelly, 371 P.3d 820 (Kan. 2016). · cites it 5× “22-3424(f) (requiring sentencing court to advise defendant of right to appeal at sentencing even if defendant unable to pay costs) or K.S.A. 22-4505 (requiring district judge to inform indigent felony defendant of right to appeal conviction, right to have attorney appointed to…”

Kargus v. State, 162 P.3d 818 (Kan. 2007). · cites it 7× “K.S.A. 22-4505 was enacted in 1969. See L.”

State v. Patton, 195 P.3d 753 (Kan. 2008). “K.S.A. 22-4505 requires the district judge to inform an indigent felony defendant of the “right to appeal .”

State v. Andrews, 614 P.2d 447 (Kan. 1980). · cites it 2× “) K.S.A. 1979 Supp. 22-4505 provides for the appointment of counsel on appeals from felony convictions as follows: *374 "When a defendant has been convicted in the district court of any felony, the judge shall inform such defendant that he or she is entitled to appeal such…”

Albright v. State, 251 P.3d 52 (Kan. 2011). “22-3424(f) (at sentencing, district court must inform criminal defendant of his or her right to appeal the conviction and right to appeal in forma pauperis if unable to pay costs of an appeal); K.S.A. 22-4505 (district court must inform indigent criminal defendant of right to…”

State v. Pierce, 787 P.2d 1189 (Kan. 1990). · cites it 2× “K.S.A. 22-4505 provides for counsel on appeal of a criminal conviction while K.”

State v. McCloud, 891 P.2d 324 (Kan. 1995). · cites it 2× “" See K.S.A. 22-4505 and K.S.A. 22-4509. Several requests were made by the Appellate Defender's office for transcripts of certain proceedings and corresponding certificates of completion.”

State v. Kingsley, 851 P.2d 370 (Kan. 1993). “Under K.S.A. 22-4505, an indigent defendant also is entitled to appointment of counsel on appeal.”

In re I.A., 450 P.3d 347 (Kan. Ct. App. 2019). · cites it 2× “K.S.A. 22-4505 requires the district judge to inform an indigent felony defendant of the 'right to appeal .”

State v. Hemphill, 186 P.3d 777 (Kan. 2008). “See K.S.A. 22-4505(a) (district court must inform of the right to appeal a conviction and right to have counsel appointed if defendant is indigent); K.”

In re I.A., 491 P.3d 1241 (Kan. 2021). “22-3424(f), and K.S.A. 22-4505. 287 Kan. at 220 . These statutes require a judge to inform a criminal defendant that "(1) a right to appeal the severity level of the sentence exists; (2) any such appeal must be taken within 10 days .”

Show all 22 citing cases →

— K.S.A. § 22-4505(a) — 8 cases

Kargus v. State, 169 P.3d 307 (Kan. 2007). “K.S.A. 22-4505 was enacted in 1969. See L.”

Kargus v. State, 162 P.3d 818 (Kan. 2007). “K.S.A. 22-4505 was enacted in 1969. See L.”

In re I.A., 450 P.3d 347 (Kan. Ct. App. 2019). “K.S.A. 22-4505 requires the district judge to inform an indigent felony defendant of the 'right to appeal .”

State v. Maberry, 465 P.3d 191 (Kan. Ct. App. 2020).

— K.S.A. § 22-4505(b) — 4 cases

Kargus v. State, 169 P.3d 307 (Kan. 2007). “K.S.A. 22-4505 was enacted in 1969. See L.”

Kargus v. State, 162 P.3d 818 (Kan. 2007). “K.S.A. 22-4505 was enacted in 1969. See L.”

Swenson v. State, 135 P.3d 157 (Kan. Ct. App. 2006).

State v. Duckett, 764 P.2d 134 (Kan. Ct. App. 1988).

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