22-4503. Entitlement of defendant to counsel; appointment of counsel, when; access to defendant; duty of appointed counsel.
22-4503
22-4503. Entitlement of defendantto counsel; appointment of counsel, when; access to defendant; duty ofappointed counsel.(a) A defendant charged by the state of Kansas in a complaint, informationor indictment with any felony is entitled to have the assistance ofcounsel at every stage of the proceedings against such defendant and adefendant in an extradition proceeding, or a habeas corpus proceedingpursuant to K.S.A. 22-2710 and amendments thereto, is entitled to haveassistance of counsel atsuch proceeding. A person subject to an order or commitment pursuant toK.S.A. 22-3428 or K.S.A. 59-2965 and amendments thereto, shall beentitled to the assistanceof counsel at every stage of a habeas corpus proceeding brought by suchperson and the provisions of this section relating to defendants shallbe applicable to such persons.
(b) If such a defendant appears before anycourt without counsel to assist and conduct thedefendant's defense, it shall be the duty of the court toinform the defendant that such defendant is entitled to counsel and thatcounsel will be appointed to represent the defendant if the defendant isnot financially able to employ an attorney. The courtshall give the defendant an opportunity to employ counsel of thedefendant's own choosing if the defendant states the defendant is ableto do so. If the defendant asks to consult with counsel of thedefendant's own choosing, the defendant shall be given a reasonableopportunity to do so.
(c) If it is determined that the defendant is not ableto employ counsel, as provided in K.S.A. 22-4504 and amendments thereto,the court shall appoint an attorney from the panel for indigents' defenseservices or otherwise in accordance with the applicable system for providinglegal defense services for indigent persons prescribed by the state boardof indigents' defense services for the county or judicial district. A recordof the proceedingsprovided for by this section shall be entered in the journal,and any orderbinding the defendant for trial or directing further detention upon thecharge and the journal entry of trial and judgment shall recite thesubstance of such proceedings.
(d) Counsel employed by or appointed for thedefendant shall have free access to the defendant at all times for thepurpose of conferring with the defendant relative to the charge, foradvising the defendant respecting the defendant's plea and for thepreparation of the defense, if a defense is to be made. It is the dutyof an attorney appointed by the court to represent a defendant, withoutcharge to such defendant, to inform the defendant fully of the crimecharged against the defendant and the penalty therefor, and in allrespects fully and fairly to represent the defendant in the action.
(e) If, after the attorney's appointment, the attorney learns that thedefendanthas funds or other resources sufficient to enable the defendant toemploy counsel, the attorney shall report these facts to the court andask permission to withdraw from the case or to be permitted to acceptcompensation for services.
History: L. 1969, ch. 291, § 3; L. 1979, ch. 100, § 1; L. 1979,ch. 97, § 3; L. 1982, ch. 142, § 13;L. 1996, ch. 167, § 46; Apr. 18.