Panel of attorneys for indigents' defense services; eligibility; amendment, review and approval; appointments to aid defendants, method

22-4501. Panel of attorneys for indigents' defense services; eligibility; amendment, review and approval; appointments to aid defendants, method. (a) The judge or judges of the district court of each county shall prepare, and file in the office of the clerk of the district court, a list of attorneys who are eligible for assignment to represent indigent persons accused of crimes, such list to be known as the panel for indigents' defense services. (b) Each member of the panel for indigents' defense services shall be available to represent indigent defendants upon the appointment of any judge of the district court of the judicial district in which such member maintains an office for the practice of law, or any adjacent judicial district. All such appointments shall be in accordance with the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services for the county or judicial district. A judge of the district court may appoint an attorney who is a member of the panel for indigents' defense services of a county other than the county where the case is pending only after such judge of the district court has found that no member of the panel for indigents' defense services of the county where the case is pending is eligible or qualified to represent the defendant. (c) The panel for indigents' defense services may be amended by the addition of names thereto or the deletion of names therefrom whenever the removal of attorneys to or from the district or any other cause makes such action appropriate, and at least once annually it shall be reviewed and approved by the judge or judges of the district court of the county. (d) The state board of indigents' defense services shall provide by rule and regulation for the assignment of attorneys to the panel for indigents' defense services, for the distribution of the list of panel members to the judges of the district court and law enforcement officials of the judicial district, and for the appointment, by rotation or otherwise, of counsel from the panel for indigents' defense services to represent indigent persons charged with crimes in such cases and under such circumstances as may be required by law. History: L. 1969, ch. 291, § 1; L. 1976, ch. 145, § 110; L. 1982, ch. 142, § 11; July 1. Law Review and Bar Journal References: No specific rules have been set up to insure competent counsel is assigned in each case, Gerald L. Goodell, 39 J.B.A.K. 339 (1970). "Kansas Application of 'Public Figures' Classification Found in Gertz," Jeffrey D. Hewett, 28 K.L.R. 647, 648 (1980). Attorney General's Opinions: Aid to indigent defendants; board of supervisors; rules and regulations. 81-260. Aid to indigent defendants; entitlement to compensation. 84-119. Habeas corpus proceeding challenging conditions of confinement; right of defendant to counsel; compensation of counsel. 97-71. CASE ANNOTATIONS 1. Murder trial; privately employed attorney tried case; appointed attorney perfected appeal; effective assistance of counsel not denied. Winter v. State, 210 Kan. 597, 603, 502 P.2d 733. 2. Act discussed and held constitutional; right to appointment of counsel dependent upon financial inability to employ counsel; theft conviction upheld. State v. Timmons, 218 Kan. 741, 747, 545 P.2d 358. 3. Court appointed counsel has no constitutional right to be compensated. State v. Keener, 224 Kan. 100, 102, 577 P.2d 1182. 4. Act mentioned in discussing compensating counsel appointed by district court for indigents appealing municipal court convictions. City of Overland Park v. Estell & McDiffett, 225 Kan. 599, 604, 592 P.2d 909. 5. Attorney appointed hereunder held to be public figure in action for libel. Steere v. Cupp, 226 Kan. 566, 567, 602 P.2d 1267. 6. Conviction hereunder affirmed; no abuse of discretion in denying continuance when defendant's conduct is dilatory. State v. Miller, 4 Kan. App. 2d 68, 75, 602 P.2d 553. 7. Noted; where indigent defendant arrested and subsequently charged with state law violation, medical expenses as consequence thereof chargeable to county. Wesley Med. Center v. City of Wichita, 237 Kan. 807, 808, 815, 703 P.2d 818 (1985). 8. Cited; board review and denial of compensation claims for appointed attorneys (K.S.A. 22-4522) not violation of separation of powers doctrine. Clark v. Ivy, 240 Kan. 195, 204, 727 P.2d 493 (1986). 9. Present system for appointment of legal counsel, as administered, violates U.S. and Kansas constitutions. State ex rel. Stephan v. Smith, 242 Kan. 336, 340, 377, 383, 747 P.2d 816 (1987). 10. Cited; legal obligation of county to provide counsel for indigent defendants charged with misdemeanors, hourly rate allowed examined. Board of Osage County Comm'rs v. Burns, 242 Kan. 544, 548, 747 P.2d 1338 (1988). 11. Unconstitutionality of act before July 1, 1988, does not warrant monetary damages; equitable relief only. Sharp v. State, 245 Kan. 749, 755, 783 P.2d 343 (1989). 12. Defendant's right to counsel at hearing on motion to modify sentence (K.S.A. 21-4603(3)) determined. State v. Pierce, 246 Kan. 183, 189, 787 P.2d 1189 (1990). 13. General principles underlying prospective or retroactive application of appellate court's overruling decision stated and applied. Sharp v. State, 250 Kan. 408, 409, 411, 827 P.2d 12 (1992). 14. Trial court properly sentenced defendant. State v. Cook, 281 Kan. 961, 996, 135 P.3d 1147 (2006). 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