Kan. Admin. Regs. § 105-10-1a - Public defender systems at the trial level

Current through Register Vol. 41, No. 14, April 7, 2022

(a) Except as provided in K.A.R. 105-3-11, each public defender office shall provide all indigent felony and related defense services at the trial level.

(b) If the director has provided notice pursuant to K.A.R. 105-10-3, to the administrative judge of the judicial district in which a case is filed, of the board's designation of a conflicts office for a county, the designated conflicts attorney office shall be appointed and shall provide indigent felony and related defense services at the trial level for those cases that cannot be handled by the public defender office due to potential conflicts of interest, with the exception of those cases that the designated conflicts attorney office cannot handle due to a potential conflict of interest.

(c) Each trial court shall appoint the public defender to provide felony defense services in all felony and other cases set forth in K.A.R. 105-1-1(a), with the following exceptions:

(1) if the director has not designated a public defender office to provide defense services in the county;

(2) if the director has designated a public defender office to provide defense services in only selected felony severity levels;

(3) if K.A.R. 105-10-2 requires the appointment of the state appellate defender;

(4) if a conflict of interest will not permit the public defender to represent the defendant and the conflicts attorney office or contract attorney designated to handle conflicts cases is not available; or

(5) if the public defender office withdraws from the case or declines the case as provided in K.A.R. 105-21-3.

(d) If one of the exceptions stated above prevents the appointment of the public defender, the court shall appoint an attorney as provided in K.A.R. 105-3-11 on a form approved by the board.

Notes

Kan. Admin. Regs. § 105-10-1a

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