Kansas Administrative Code

Supervision. (a) Each licensed as- sistant behavior analyst shall be supervised by a licensed behavior analyst. (b) Each licensed assistant behavior analyst shall receive at least 12 supervision sessions an- nually. Each supervision session shall require two- way interactions inv…

License; expiration and renew- al. (a) Each license issued pursuant to the act shall expire 24 months after the date of issuance unless revoked before that time. (b) To be considered for license renewal, each licensed assistant behavior analyst and each li- censed behavior analys…

Renewal audit. (a) Each licens- ee selected for a random audit shall submit the following to the board within 30 days after the li- cense expiration date: (1) The completed renewal audit forms; and (2) either the original continuing education doc- umentsthatvalidateallcontinuinge…

Continuing education. (a) Each licensed assistant behavior analyst shall complete 30 hours of documented and approved continu- ing education oriented to the enhancement of the licensee’s practice, values, ethics, skills, or knowl- edge during each two-year renewal period. Con- ti…

Security for deposit of public funds. The market value of negotiable promissory notes secured by first lien mortgages on real estate and pledged and assigned by a bank or savings and loan association as security for deposits of munic- ipal or quasi-municipal corporations shall be…

(Authorized by and implementing L. 1982, ch. 94; effective, T-83-29, Sept. 22, 1982; effective May 1, 1983; revoked, T-88-28, Aug. 19, 1987; revoked May 1, 1988.)

Consumer-purpose adjustable rate real estate transactions. (a) A creditor may use any interest-rate index that is readily verifiable by the borrower if it is beyond the control of the creditor to adjust the interest rate on any of the following: (1) consumer-purpose adjustable ra…

Legal representation provided. (a) Legal representation, at state expense, shall be provided to all persons who are financially unable to obtain adequate representation without sub- stantial hardship to themselves or their families in the following cases: (1) felony cases at the …

(Authorized by K.S.A. 22-4501 and 22-4522; implementing K.S.A. 22-4503 and 22-4522; effective, T-86-33, Oct. 23, 1985; effec- tive May 1, 1986; amended Nov. 1, 1988; amend- ed, T-105-6-22-89, June 22, 1989; amended Oct. 30, 1989; revoked March 28, 1994.)

Public defender systems at the trial level. (a) Except as provided in K.A.R. 105-3-11, each public defender office shall pro- vide all indigent felony and related defense ser- vices at the trial level. (b) If the director has provided notice pursuant to K.A.R. 105-10-3, to the ad…

Public defender system for appeals. (a) The state appellate defender office shall provide defense services in the appellate courts of Kansas for all indigent appeals taken from cases described in subsection (b) in all dis- trict courts of Kansas. (b) The court shall appoint the s…

Implementation schedule for public defender system. (a) The district court judge shall appoint the public defender, or any otherattorneyunderthesystemestablishedbythe board, to represent all persons entitled to counsel under K.S.A. 22-4501, et seq. who have not, be- fore the syst…

Notification of designation of conflicts office. (a) The director shall provide notice of the board’s designation of a conflicts office to the administrative judge of the judicial district by certified letter, return receipt request- ed, at least 30 calendar days prior to the tim…

Assigned counsel contracts. A public defender, the state appellate defend- er, and the designated conflicts office may, upon written authorization by the director, contract for services with qualified attorneys to undertake representation of indigent defendants to which each offi…

(Authorized by K.S.A. 22-4504; implementing K.S.A. 22-4522; effective, T-105- 10-3-05, Oct. 3, 2005; effective Feb. 17, 2006; amended, T-105-7-5-06, July 5, 2006; amended Nov. 13, 2006; amended, T-105-7-26-07, July 26, 2007; amended Nov. 26, 2007; amended, T-105- 8-12-08, Aug. 12…

Definitions. Unless the context otherwise requires, terms used in K.A.R. 105-1- 1 et seq., forms, and instructions shall have the following meanings. (a) “Board” means the state board of indigents’ defense services. (b) “Director” means the state director of indi- gents’ defense …

Qualifications. Each public de- fender shall be an attorney licensed to practice law in Kansas and shall be selected on the basis of merit. Primary qualifications shall be: (a) demon- strated commitment to the provision of quality legal representation for eligible persons charged…

Scope of representation. Ex- ceptasotherwiseprovidedbylaworbyethicalcon- siderations, each public defender shall accept and undertake representation of all persons assigned to that office and determined to be eligible for the services of the public defender in accordance with K.S…

(d) If one of the exceptions stated above pre- vents 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. (Authorized by and implementing K.S.A. 1997 Supp. 22-4522; effective March 28, 1994; am…

Misdemeanor or juvenile ap- pointments. Any public defender, with the ap- proval of the director, may elect to accept mis- demeanor or juvenile appointments not covered by agreement or contract in the district or coun- ty of jurisdiction. However, the public defender shall make a…

(Authorized by K.S.A. 1982 Supp. 22-4507 and 22-4522; implementing K.S.A. 1982 Supp. 22-4508 and 22-4522; effective May 1, 1984; revoked May 1, 1985.)

Records and reports. Each pub- lic defender shall keep accurate records of cases assigned and make reports in the form and with the content prescribed by the director. (Autho- rized by and implementing K.S.A. 1997 Supp. 22- 4522; effective May 1, 1984; amended Aug. 20, 1999.) COU…

Panel of attorneys. (a) The ad- ministrative judge of each district shall compile a list of volunteer attorneys eligible for assignment to represent indigent defendants for each county in the district. The list shall be known as the panel for indigent defense services. (b) The ad…

Appointments generally. Each court appointment funded by the board shall be made in accordance with the rules and regulations adopted by the board for providing legal defense services for indigent persons as prescribed by the board. (Authorized by K.S.A. 1984 Supp. 22-4501, 22-45…

Conflict cases. (a) If a conflict of interest will not permit the public defender to represent a defendant, the court shall appoint the designated conflicts office for that county or an assigned attorney who has entered into a con- tract to represent defendants in conflict cases.…

Appointments in capital cas- es. (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…

Eligibility to serve. (a) Each li- censed attorney engaged in the private practice of law shall be eligible to serve on the panel if the following criteria are met: (1) Each attorney on the voluntary panel repre- senting an indigent defendant shall have complet- ed 12 hours of co…

Rotation of appointments.Allap- pointments shall be made in an orderly manner to avoid patronage, or the appearance of patronage, and to ensure fair distribution of appointments among all whose names appear on the panel. Names on the panel shall be in alphabetical or- der and app…

(Authorized by K.S.A. 1983 Supp. 22-4501 and 22-4522; implementing K.S.A. 1983 Supp. 22-4501 and 22-4522; effective May 1, 1984; revoked Aug. 20, 1999.)

Removal from panel. (a) An ad- ministrative judge may remove any attorney from a panel. The administrative judge shall promptly notify the board of a decision to remove an attor- ney from any panel. (b) An attorney may be removed from any panel by the board after it confers with …

Distribution of panels. The ad- ministrative judge of each district shall distribute the list of panel members to judges of the district court, law enforcement officials within the dis- trict and the board. The list of panel members shall be distributed annually and as it is revi…

Appointments prior to court appearance. (a) When legal representation is requested by a person entitled to counsel under K.S.A. 1982 Supp. 22-4503 and who is detained by law enforcement officials in districts with a public defender, the law enforcement officials shall contact the…

(Authorized by K.S.A. 1984 Supp. 22-4507 and 22-4522; implementing K.S.A. 1984 Supp. 22-4507; effective, T-86-33, Oct. 23, 1985; effective May 1, 1986; revoked Aug. 20, 1999.)

Duties of trial counsel following sentencing. (a) In order to protect a convicted defendant’s right to appeal, it shall be the duty of each trial counsel to prepare, file, or both, the fol- lowing documents: (1) file a motion for modification of sentence pursuant to K.S.A. 21-460…

General provisions. (a) The board may elect to contract with one or more pri- vate attorneys for the delivery of indigent defense services in any county, counties, or district when there is evidence that such contracting may be cost effective or that the assigned counsel panel la…

Awarding the contract. (a) The board shall not pursue a contract through the competitive bidding process but only through negotiation. (b) Contracts to individual attorneys or firms shall be awarded on the basis of: (1) the experience and qualifications of the at- torney or firm;…

Qualifications. Each attorney qualified to serve on the panel shall be qualified to enter into a contract for the purpose of providing legal representation to indigents. (Authorized by K.S.A. 1983 Supp. 22-4522; implementing K.S.A. 1983 Supp. 22-4522 and 22-4523; effective May 1,…

(Authorized by K.S.A. 1983 Supp. 22-4522; implementing K.S.A. 1983 Supp. 22- 4505, 22-4522; effective May 1, 1984; revoked Aug. 20, 1999.)

Exceptional cases. Subject to board approval, any contract attorney may be pro- videdcompensationinadditiontothecontractcom- pensation for cases determined to be exceptional in nature as defined by K.A.R. 105-5-8. (Authorized by K.S.A. 1983 Supp. 22-4522; implementing K.S.A. 1983…

Other provisions. The proce- dure for withdrawing from cases and procuring investigative, expert or other services shall be set forth in the contract. (Authorized by K.S.A. 1983 Supp. 22-4522; implementing K.S.A. 1983 Supp. 22-4508 and 22-4522; effective May 1, 1984.) 149 Kansas …

Determination of eligibility. (a) At the commencement of proceedings against any defendant, the defendant may apply for legal representation at state expense by submitting, to the court, an affidavit of indigency on a form pro- vided by the board. The court shall determine if the…

Definition of terms. Terms used to determine eligibility for indigents’ defense services shall have the following meanings: (a) Household income. The defendant’s household income shall be defined as the defendant’s income and the income of all other persons related by birth, marr…

Affidavit of indigency. A standard format for an affidavit of indigency shall include the following information: (a) The defendant’s liq- uid assets and household income; (b) the defendant’s household expenses; (c) any extraordinary financial obligations of the defendant; (d) the…

Finding of indigency. If the court finds a defendant who is entitled to counsel to be indigent, as defined by statute and these regula- tions, the court shall appoint counsel to provide legal representation. A court order authorizing le- gal representation at state expense shall …

Partial indigency. (a) The court shall find any defendant to be partially indigent if the defendant is able to pay some part of the cost of legal representation and if the payment or payments does not impose manifest hardship on the defendant or the defendant’s household. Any def…

General provisions. Subject to availability of funding, and with the approval of the appropriate judge as provided in K.S.A. 1982 Supp. 22-4507(b), attorneys appointed to repre- sent indigent defendants pursuant to K.S.A. 22- 4501, et seq., shall be compensated for time spent in …

Rates of compensation. (a) Each appointed counsel shall be compensated at the rate of $80 per hour. (b) Contract counsel shall be compensated at the rate or rates specified in the contract between the board and the appointed counsel. (Autho- rized by and implementing K.S.A. 22-45…

Appellate courts; compensation. (a) For authorized services performed in appeal- ing a case to the court of appeals or the Kansas supreme court, compensation shall be paid at the rate prescribed in K.A.R. 105-5-2 as approved by the court. (b) Compensation for attorneys’ services …

Multiple attorneys. No more than one attorney shall be compensated for services rendered at the same stage of proceedings, unless the judge determines that co-counsel is essential to the accused’s effective defense. (Authorized by K.S.A. 22-4507 and 22-4522; implementing K.S.A. 2…

Overpayments. If it is determined by the director that an attorney has been paid an amount in excess of what is allowable according to the current regulations regarding compensation, the director shall notify the attorney to immedi- ately reimburse the board for a like amount. If…