22-4505. Appeals; record; capital murder cases; appointment of counsel; assignment, standards and compensation.
22-4505
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 toappeal the conviction to the appellate court having jurisdiction and thatif the defendant is financiallyunable to pay the costs of such appeal such defendant may request thecourt to appoint an attorney to represent the defendanton appeal and todirect that the defendant be supplied with a transcript of the trialrecord.
(b) If the defendant files an affidavit stating that the defendant intendsto take an appeal in the case and if the courtdetermines, as provided in K.S.A. 22-4504 and amendments thereto, that thedefendant is notfinancially able to employ counsel, the court shall appoint counsel fromthe panel for indigents' defense services or otherwise in accordance withthe applicable system for providing legal defense services for indigentpersons prescribed by the state board of indigents' defense services, torepresent the defendant and toperfect and handle the appeal. If the defendant files a verifiedmotion for transcript stating that a transcript of the trial record isnecessary to enable the defendant to prosecute the appeal and thatthe defendant is not financially able to pay the cost of procuring suchtranscript, and if the court finds that the statements contained thereinare true, the court shall order that such transcript be supplied to thedefendant as provided in K.S.A. 22-4509 and amendments thereto and paidfor by the state board of indigents' defense services pursuant to claimssubmitted therefor.
(c) Upon an appeal or petition forcertiorari addressed to the supreme court of the United States, if thedefendant is without means to pay the cost of making and forwarding thenecessary records, the supreme court of Kansas may by order provide forthe furnishing of necessary records.
(d) (1) The state board of indigents' defense services shall provide byruleand regulation for: (A) The assignment of attorneys to the panel forindigents' defense services to represent indigent persons who have beenconvicted of capital murder and are under sentence of death, in the directreview of the judgment;
(B) standards of competency and qualification for the appointment of counselin capital cases under this section; and
(C) the reasonable compensation of counsel appointed to representindividualsconvicted of capital murder and under a sentence of death in the appeal of suchcases and for reasonable and necessary litigation expense associated with suchappeals.
(2) If a defendant has been convicted of capital murder and is under asentence of death, the district court shall make a determination on the recordwhether the defendant is indigent. Upon a finding that the defendant isindigent and accepts the offer of representation or is unable competently todecide whether to accept or reject the offer, the court shall appoint one ormore counsel, in accordance with subsection (d)(1), to represent the defendant. If the defendant rejects the offer of representation, the court shall find onthe record, after a hearing if necessary, whether the defendant rejected theoffer of representation with the understanding of its legal consequences. Thecourt shall deny the appointment of counsel upon a finding that the defendantis competent and not indigent.
(3) Counsel appointed to represent the defendant, under this section, shallnot have represented the defendant at trial unless the defendant and counselexpressly 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.