Appeals; record; capital murder cases; appointment of counsel; assignment, standards and compensation

22-4505. Appeals; record; capital murder cases; appointment of counsel; assignment, standards and compensation. (a) When a defendant has been convicted in the district court of any felony, the court shall inform the defendant of such defendant's right to appeal the conviction to the appellate court having jurisdiction and that if the defendant is financially unable to pay the costs of such appeal such defendant may request the court to appoint an attorney to represent the defendant on appeal and to direct that the defendant be supplied with a transcript of the trial record. (b) If the defendant files an affidavit stating that the defendant intends to take an appeal in the case and if the court determines, as provided in K.S.A. 22-4504, and amendments thereto, that the defendant is not financially able to employ counsel, the court shall appoint counsel from the panel for indigents' defense services or otherwise in accordance with the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services, to represent the defendant and to perfect and handle the appeal. If the defendant files a verified motion for transcript stating that a transcript of the trial record is necessary to enable the defendant to prosecute the appeal and that the defendant is not financially able to pay the cost of procuring such transcript, and if the court finds that the statements contained therein are true, the court shall order that such transcript be supplied to the defendant as provided in K.S.A. 22-4509, and amendments thereto, and paid for by the state board of indigents' defense services pursuant to claims submitted therefor. (c) Upon an appeal or petition for certiorari addressed to the supreme court of the United States, if the defendant is without means to pay the cost of making and forwarding the necessary records, the supreme court of Kansas may by order provide for the furnishing of necessary records. (d) (1) The state board of indigents' defense services shall provide by rule and regulation for: (A) The assignment of attorneys to the panel for indigents' defense services to represent indigent persons who have been convicted of capital murder and are under sentence of death, in the direct review of the judgment; (B) standards of competency and qualification for the appointment of counsel in capital cases under this section; and (C) the reasonable compensation of counsel appointed to represent individuals convicted of capital murder and under a sentence of death in the appeal of such cases and for reasonable and necessary litigation expense associated with such appeals. (2) If a defendant has been convicted of capital murder and is under a sentence of death, the district court shall make a determination on the record whether the defendant is indigent. Upon a finding that the defendant is indigent and accepts the offer of representation or is unable competently to decide whether to accept or reject the offer, the court shall appoint one or more counsel, in accordance with subsection (d)(1), to represent the defendant. If the defendant rejects the offer of representation, the court shall find on the record, after a hearing if necessary, whether the defendant rejected the offer of representation with the understanding of its legal consequences. The court shall deny the appointment of counsel upon a finding that the defendant is competent and not indigent. (3) Counsel appointed to represent the defendant, under this section, shall not have represented the defendant at trial unless the defendant and counsel expressly request continued representation. History: L. 1969, ch. 291, § 5; L. 1976, ch. 163, § 24; L. 1982, ch. 142, § 15; L. 1997, ch. 181, § 5; July 1. Law Review and Bar Journal References: Indigent's right to a transcript of record, 20 K.L.R. 745, 766 (1972). "Habeas Corpus in Kansas: The Great Writ Affords Postconviction Relief at K.S.A. 60-1507," Martha J. Coffman, 67 J.K.B.A. No. 1, 16 (1998). Criminal Procedure Survey, 56 K.L.R. 783 (2008). Attorney General's Opinions: Amount of money which may be expended for expert testimony by defense subject to regulation by Board of Indigents' Defense Services. 2003-19. CASE ANNOTATIONS 1. Indigent defendant is entitled to appointment of counsel at every stage of pretrial proceedings, trial, on appeal and in habeas corpus proceedings and motions attaching sentence. State v. Andrews, 228 Kan. 368, 373, 375, 614 P.2d 447. 2. Cited; indigent defendant's right to transcript of sentencing hearing following denial of sentence modification examined. State v. Duckett, 13 Kan. App. 2d 122, 124, 764 P.2d 134 (1988). 3. 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, 188, 787 P.2d 1189 (1990). 4. Defendant's pro se motion for new trial viewed as post-conviction motion preceding appeal; appointment of counsel neither constitutionally nor statutorily required. State v. Kingsley, 252 Kan. 761, 766, 851 P.2d 370 (1993). 5. Whether defendant has a right to a second copy of transcript where attorneys had full access examined. State v. McCloud, 257 Kan. 1, 17, 891 P.2d 324 (1995). 6. Defendant had right to counsel in seeking appeal to Supreme Court. Swenson v. State, 35 Kan. App. 2d 709, 726, 135 P.3d 157 (2006). 7. Cited; defendant has a statutory right to counsel to seek Kansas supreme court review in criminal proceeding. Kargus v. State, 284 Kan. 625, 631, 632, 633, 640, 641, 162 P.3d 818 (2007). 8. Defendant's rights to effective assistance of counsel in direct appeals and petition for review discussed. Kargus v. State, 284 Kan. 908, 169 P.3d 307 (2007). 9. Cited in case remanded for hearings on motion to withdraw plea and to appeal sentence out of time. State v. Hemphill, 286 Kan. 583, 588, 591, 186 P.3d 777 (2008). 10. Cited; timely notice of criminal appeals; three Ortiz exceptions discussed and applied. State v. Patton, 287 Kan. 200, 219, 195 P.3d 753 (2008). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026