22-4506. Persons in custody after felony conviction; habeas corpus or 60-1507 motions; capital murder cases; appointment of counsel; assignment, standards and compensation; no fee for electronic acces
22-4506
22-4506. Persons in custody after felony conviction;habeas corpus or60-1507 motions; capital murder cases; appointment of counsel; assignment,standards and compensation; no fee for electronic access to courtrecords.(a) Wheneverany person who is in custody under a sentence of imprisonment uponconviction of a felony files a petition for writof habeas corpus or a motion attacking sentence under K.S.A. 60-1507 andfiles with such petition or motion such person'saffidavit stating that thepetition or motion is filed in good faith and that such person is financiallyunable to pay the costs of such action and to employ counsel therefor, thecourt shall make a preliminary examination of the petition ormotion and the supporting papers.
(b) If the court finds that thepetition or motion presents substantial questions of law or triableissues of fact and if the petitioner or movant has been or isthereafter determined to be an indigent person as provided inK.S.A. 22-4504 and amendments thereto, 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, toassist such person and authorize the actionto be filed without a deposit of security for costs. If the petition ormotion in such case raises questions shown by the trial record, thecourt shall order that the petitioner or movant be supplied with atranscript of the trial proceedings, or so much thereof as may benecessary to present the issue, without cost to such person.
(c) If an appeal istaken in such action and if the trial court finds that thepetitioner or movant is an indigent person, the trial court shall appointcounsel to conductthe appeal, order that the appellant be supplied with a record of theproceedings or so much thereof as such counsel determines to benecessary and order that the deposit of security for costs be waived.
(d) (1) The state board of indigents' defense services shall provide byrule and 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, upon a filing of apetition for writ of habeas corpus or a motion attacking sentence under K.S.A.60-1507 and amendments thereto;
(B) standards of competency and qualification for the appointment ofcounsel in capital cases under this section; and
(C) the reasonable compensation of counsel appointed to representindividuals convicted of capital murder and under a sentence of death, duringproceedings conducted pursuant to subsection (a), (b) or (c) and for reasonableand necessary litigation expense associated with such proceedings.
(2) If a petitioner or movant, who has been convicted of capital murder andis under a sentence of death, files a petition for writ of habeas corpus or amotion attacking sentence under K.S.A. 60-1507 and amendments thereto, thedistrict court shall make a determination on the record whether the petitioneror movant is indigent. Upon a finding that the petitioner or movant 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 thepetitioner or movant. If the petitioner or movant rejects the offer ofrepresentation,the court shall find on the record, after a hearing if necessary, whether thepetitioner or movant rejected the offer of representation with theunderstanding of its legal consequences. The court shall deny the appointmentof counsel upon a finding that the petitioner or movant is competent and notindigent.
(3) Counsel appointed to represent the petitioner or movant shall not haverepresented the petitioner or movant at trial or on direct appeal therefromunless the petitioner or movant and counsel expressly request continuedrepresentation.
(e) Whenever it is determined that electronic access to court records isnecessary to present a petitioner's cause adequately and it is furtherdetermined that the petitioner or movant is an indigent person, the courthaving jurisdiction in the matter shall order that the records be supplied tothe defendant, at no charge, by the electronic access service.The state board of indigents' defense services shall be exempt from paying userfees to access electronic court records.
History: L. 1969, ch. 291, § 6; L. 1982, ch. 142, § 16;L. 1997, ch. 181, § 6;L. 2006, ch. 148, § 4; July 1.