Kan. Admin. Regs. § 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.
Notes
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