Kan. Admin. Regs. § 105-10-3

Current through Register Vol. 43, No. 46, November 14, 2024

Section 105-10-3 - Implementation schedule for public defender system

(a) The district court judge shall appoint the public defender, or any other attorney under the system established by the board, to represent all persons entitled to counsel under K.S.A. 22-4501, et seq. who have not, before the system implementation date, had counsel appointed in the action pending before the court. The system implementation date in a particular county shall be the date provided in written notice by the director to the following persons:

(1) the judicial administrator for the Kansas unified judicial branch; and

(2) the district court administrative judge.

(b) The district court judge shall appoint the public defender, or any other attorney under the system established by the board, to represent any persons entitled to counsel under K.S.A. 22-4501, et seq. who have, before the system implementation date, had counsel appointed in the action pending before the court if appointed private counsel withdraws or is removed from the case after the implementation date.

(c) The district court judge shall appoint the public defender to cases with matters pending before notice of the change in the indigents' defense system if the public defender requests the appointment and appointed private counsel does not object.

(d) The district court judge may appoint the public defender to cases with matters pending before notice of the change in the indigents' defense system if it is the judgement of the court that it is in the best interests of the defendant to do so and if the public defender consents to the appoint-ment.

(e) Until notice is given pursuant to the provisions of this regulation that a county shall be served by a public defender office, the district court judge has discretion to appoint counsel under the previously existing system for the county or district.

Kan. Admin. Regs. § 105-10-3

Authorized by and implementing K.S.A. 1997 Supp. 22-4522; effective March 28, 1994; amended Aug. 20, 1999.