Kan. Admin. Regs. § 105-3-12

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

Section 105-3-12 - Appointments in capital cases

(a) In each case in which the death penalty may be imposed and the defendant is unable to afford counsel, the court shall appoint the capital defender to represent the defendant.

(1) Subject to K.A.R. 105-5-4, the court may appoint co-counsel from the capital appointments panel list to represent the defendant in accordance with the system established by these regulations for providing legal defense services for indigent persons charged with capital felonies. The court, however, shall not appoint any attorney as co-counsel without prior notice to the chief capital defender and the board.

(2) The court shall not appoint any attorney to provide representation in a capital felony without prior notice to the chief capital defender.

(3) Eligibility to serve on the capital appointments panel shall be limited to attorneys who have been screened pursuant to K.A.R. 105-3-2(a)(5).

(b) The court shall appoint counsel for any indigent person accused of homicide pursuant to K.S.A. 21-3401, 21-3402, or 21-3403 from panel lists approved by the board. The court shall not appoint any attorney to provide representation to an indigent person accused of a felony pursuant to K.S.A. 21-3401, 21-3402, or 21-3403 without prior notice to the chief capital defender.

(c) Appeals. The court shall appoint the state appellate defender to represent an indigent defendant in each appeal of a capital felony conviction in accordance with K.A.R. 105-10-2.

Kan. Admin. Regs. § 105-3-12

Authorized by K.S.A. 22-4501, K.S.A. 1997 Supp. 22-4503, and K.S.A. 1997 Supp. 22-4522; implementing K.S.A. 1997 Supp. 22-4503, K.S.A. 1997 Supp. 22-4505 and K.S.A. 1997 Supp. 22-4522; effective Nov. 1, 1996; amended Aug. 20, 1999.