K.S.A. » Chapter 38
Kansas Statutes Annotated

K.S.A. § 38-2344 (2026)

First appearance; plea

✓ current as of May 2026
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38-2344. First appearance; plea. (a) When the juvenile appears without an attorney in response to a complaint, the court shall inform the juvenile of the following:

(1) The nature of the charges in the complaint;

(2) the right to hire an attorney of the juvenile's own choice;

(3) the duty of the court to appoint an attorney for the juvenile if no attorney is hired by the juvenile or parent;

(4) that the court may require the juvenile or parent to pay the expense of a court appointed attorney; and

(5) the right to be offered an immediate intervention pursuant to K.S.A. 38-2346, and amendments thereto.

Upon request the court shall give the juvenile or parent an opportunity to hire an attorney. If no request is made or the juvenile or parent is financially unable to hire an attorney, the court shall promptly appoint an attorney for the juvenile. The court shall afford the juvenile an opportunity to confer with the attorney before requiring the juvenile to plead to the allegations of the complaint.

(b) When the juvenile appears with an attorney in response to a complaint, the court shall require the juvenile to plead guilty, nolo contendere or not guilty to the allegations stated in the complaint, unless there is an application for and approval of an immediate intervention program. Prior to making this requirement, the court shall inform the juvenile of the following:

(1) The nature of the charges in the complaint;

(2) the right of the juvenile to be presumed innocent of each charge;

(3) the right to jury trial without unnecessary delay;

(4) the right to confront and cross-examine witnesses appearing in support of the allegations of the complaint;

(5) the right to subpoena witnesses;

(6) the right of the juvenile to testify or to decline to testify; and

(7) the sentencing alternatives the court may select as the result of the juvenile being adjudicated a juvenile offender.

(c) If the juvenile pleads guilty to the allegations contained in a complaint or pleads nolo contendere, the court shall determine, before accepting the plea and entering a sentence: (1) That there has been a voluntary waiver of the rights enumerated in subsections (b)(2), (3), (4), (5) and (6); and (2) that there is a factual basis for the plea.

(d) If the juvenile pleads not guilty, the court shall schedule a time and date for trial to the court.

(e) First appearance may be conducted by two-way electronic audio-video communication between the juvenile and the judge in lieu of personal presence of the juvenile or the juvenile's attorney in the courtroom from any location within Kansas in the discretion of the court. The juvenile may be accompanied by the juvenile's attorney during such proceedings or the juvenile's attorney may be personally present in court as long as a means of confidential communication between the juvenile and the juvenile's attorney is available.

History: L. 2006, ch. 169, § 44; L. 2011, ch. 60, § 4; L. 2016, ch. 46, § 38; January 1, 2017.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2008–2021 · leading case: In re L.M., 186 P.3d 164 (Kan. 2008).
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In re L.M., 186 P.3d 164 (Kan. 2008). · cites it 5× “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a “dispositional proceeding” under the KJOC is now referred to as a “sentencing proceeding” in the KJJC.”
In the Interest of P.L.B., 190 P.3d 274 (Kan. Ct. App. 2008). · cites it 15× “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A. 2007 Supp. 38-2344(b) and (c). P.L.”
In re D.E.R., 225 P.3d 1187 (Kan. 2010). · cites it 3× “In either event, however, the “first appearance” is described in K.S.A. 2009 Supp. 38-2344, which makes no mention of a judicial probable cause determination.”
State v. Fischer, 203 P.3d 1269 (Kan. 2009). “As a result, K.S.A. 2006 Supp. 38-2344(d), which provides that a juvenile who pleads not guilty is entitled to a ‘trial to the court,’ and K.”
In re P.R.G., 244 P.3d 279 (Kan. Ct. App. 2010). · cites it 2× “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a ‘dispositional proceeding’ under the KJOC is now referred to as a ‘sentencing proceeding’ in the KJJC.”
In re I.A., 450 P.3d 347 (Kan. Ct. App. 2019). “See K.S.A. 2018 Supp. 38-2344(b)(1)-(6) (before entering plea, court must inform juvenile of nature of charges, presumption of innocence, right to jury trial without unnecessary delay, right to confront and cross-examine witnesses, right to subpoena witnesses, right not to…”
In Re Lm, 186 P.3d 164 (Kan. 2008). · cites it 5× “*169 22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a "dispositional proceeding" under the KJOC is now referred to as a "sentencing proceeding" in the KJJC.”
In Re Plb, 190 P.3d 274 (Kan. Ct. App. 2008). · cites it 15× “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A.2007 Supp. 38-2344(b) and (c). P.L.”
In Re Der, 225 P.3d 1187 (Kan. 2010). · cites it 3× “In either event, however, the "first appearance" is described in K.S.A.2009 Supp. 38-2344, which makes no mention of a judicial probable cause determination.”
In re J.S. (Kan. Ct. App. 2020). · cites it 2× “38-1633 (now K.S.A. 2019 Supp. 38-2344) and that, as such, his rights to a jury trial were violated.”
City of Wichita v. Grasty, 500 P.3d 1201 (Kan. Ct. App. 2021). “]); K.S.A. 2020 Supp. 38-2344(e) ("First appearance may be conducted by two- way electronic audio-video communication .”
In Re Prg, 244 P.3d 279 (Kan. Ct. App. 2010). · cites it 2× “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a `dispositional proceeding' under the KJOC is now referred to as a `sentencing proceeding' in the KJJC.”
— K.S.A. § 38-2344(b) — 8 cases
In re L.M., 186 P.3d 164 (Kan. 2008). “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a “dispositional proceeding” under the KJOC is now referred to as a “sentencing proceeding” in the KJJC.”
In the Interest of P.L.B., 190 P.3d 274 (Kan. Ct. App. 2008). “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A. 2007 Supp. 38-2344(b) and (c). P.L.”
In re D.E.R., 225 P.3d 1187 (Kan. 2010). “In either event, however, the “first appearance” is described in K.S.A. 2009 Supp. 38-2344, which makes no mention of a judicial probable cause determination.”
In re P.R.G., 244 P.3d 279 (Kan. Ct. App. 2010). “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a ‘dispositional proceeding’ under the KJOC is now referred to as a ‘sentencing proceeding’ in the KJJC.”
In Re Plb, 190 P.3d 274 (Kan. Ct. App. 2008). “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A.2007 Supp. 38-2344(b) and (c). P.L.”
— K.S.A. § 38-2344(b)(1) — 2 cases
In re I.A., 450 P.3d 347 (Kan. Ct. App. 2019). “See K.S.A. 2018 Supp. 38-2344(b)(1)-(6) (before entering plea, court must inform juvenile of nature of charges, presumption of innocence, right to jury trial without unnecessary delay, right to confront and cross-examine witnesses, right to subpoena witnesses, right not to…”
In re J.S. (Kan. Ct. App. 2020). “38-1633 (now K.S.A. 2019 Supp. 38-2344) and that, as such, his rights to a jury trial were violated.”
— K.S.A. § 38-2344(b)(6) — 2 cases
In the Interest of P.L.B., 190 P.3d 274 (Kan. Ct. App. 2008). “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A. 2007 Supp. 38-2344(b) and (c). P.L.”
In Re Plb, 190 P.3d 274 (Kan. Ct. App. 2008). “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A.2007 Supp. 38-2344(b) and (c). P.L.”
— K.S.A. § 38-2344(c) — 2 cases
In the Interest of P.L.B., 190 P.3d 274 (Kan. Ct. App. 2008). “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A. 2007 Supp. 38-2344(b) and (c). P.L.”
In Re Plb, 190 P.3d 274 (Kan. Ct. App. 2008). “asserted that the plea was entered without the trial court informing him of the presumption of innocence or the sentencing alternatives available for a juvenile offender, as required by K.S.A.2007 Supp. 38-2344(b) and (c). P.L.”
— K.S.A. § 38-2344(d) — 7 cases
In re L.M., 186 P.3d 164 (Kan. 2008). “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a “dispositional proceeding” under the KJOC is now referred to as a “sentencing proceeding” in the KJJC.”
State v. Fischer, 203 P.3d 1269 (Kan. 2009). “As a result, K.S.A. 2006 Supp. 38-2344(d), which provides that a juvenile who pleads not guilty is entitled to a ‘trial to the court,’ and K.”
In re D.E.R., 225 P.3d 1187 (Kan. 2010). “In either event, however, the “first appearance” is described in K.S.A. 2009 Supp. 38-2344, which makes no mention of a judicial probable cause determination.”
In re P.R.G., 244 P.3d 279 (Kan. Ct. App. 2010). “22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a ‘dispositional proceeding’ under the KJOC is now referred to as a ‘sentencing proceeding’ in the KJJC.”
In Re Lm, 186 P.3d 164 (Kan. 2008). “*169 22-3208; K.S.A. 38-2344(b). Although both the KJOC and the KJJC refer to an adjudication rather than a conviction, a "dispositional proceeding" under the KJOC is now referred to as a "sentencing proceeding" in the KJJC.”
— K.S.A. § 38-2344(e) — 1 case
City of Wichita v. Grasty, 500 P.3d 1201 (Kan. Ct. App. 2021). “]); K.S.A. 2020 Supp. 38-2344(e) ("First appearance may be conducted by two- way electronic audio-video communication .”
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