Current through Register Vol. 41, No. 14, April 7, 2022
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.
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.
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
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
if the public
defender office withdraws from the case or declines the case as provided in
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
a form approved by the board.
Kan. Admin. Regs. §
Authorized by and
implementing K.S.A. 1997 Supp.
22-4522; effective March 28, 1994;
amended Aug. 20, 1999.