22-4507. Compensation and reimbursement of expenses for services to indigents; procedures for payment; exemption from fees for electronic access to court records.
22-4507
22-4507. Compensation and reimbursement of expensesfor services to indigents;procedures for payment; exemption from fees for electronic access to courtrecords.(a) An attorney, other than a public defender or assistant public defenderor contract counsel, whois appointedby the court to performservices for an indigent person, as providedbyarticle 45 of chapter 22 of the Kansas Statutes Annotated, and amendmentsthereto, shall at the conclusion of such service or any part thereof beentitled to compensation for such services and to be reimbursedfor expenses reasonably incurred by such person in performing suchservices. Compensation for services shall be paid in accordance withstandards and guidelines contained in rules and regulations adopted by thestate board of indigents' defense services under this section.
(b) Claims for compensation and reimbursement shall becertified by the claimant and shall be presented to the court at sentencing.A supplemental claim may be filed at such later time as the court may in theinterest of justice determine if good cause is shown why the claim was notpresented at sentencing. In accordance with standards andguidelines adoptedby the state board of indigents' defense services under this section, allsuch claims shall be reviewed and approved by one or more judges of thedistrictcourt before whom the service was performed, or, in the case ofproceedings in the court of appeals, by the chief judge of the court ofappeals and in the case of proceedings in the supreme court, by thedepartmental justice for the department in which the appeal originated.Each claim shall be supported by a written statement, specifying indetail the time expended, the services rendered, the expenses incurredin connection with the case and any other compensation or reimbursementreceived. When properly certified and reviewed and approved, each claim forcompensation and reimbursement shall be filed in the office of the stateboard of indigents' defense services. If the claims meet the standardsestablishedby the board, the board shall authorize payment of the claim.
(c) Such attorney shall be compensated at the rate of $80 perhour, except that:
(1) The chiefjudge of any judicial district may negotiate an hourly rate less than $80 perhour for attorneys who voluntarily accept appointments in that district; or
(2) contract counsel shall be compensated at the rate or rates specified inthe contract between the board and the assigned counsel.
If thestate board of indigents' defense services determines thatthe appropriations for indigents' defense services or the moneys allocatedby the board fora county or judicial district will be insufficient in anyfiscal year to pay in full claims filed and reasonably anticipated to befiled in such year under this section, the boardmay adopt a formula forprorating the payment of pending and anticipated claims under this section.
(d) The state board of indigents' defense services may make expendituresfor payment of claims filed under this section from appropriations for thecurrent fiscal year regardless of when the services were rendered.
(e) The state board of indigents' defense services shall adopt rules andregulations prescribing standards and guidelines governing the filing,processing and payment of claims under this section.
(f) An attorney, otherthan a public defender, assistant public defender or contract counsel,who is appointed by thecourt to perform services for an indigent person andwhoaccesses electronic court records for an indigent person, as provided by thisact, shall be exempt from paying fees to access electronic courtrecords.
History: L. 1969, ch. 291, § 7;L. 1971, ch. 120, § 2;L. 1976, ch. 145, § 111;L. 1977, ch. 112, § 12;L. 1982, ch. 142, § 17;L. 1998, ch. 52, § 5;L. 2006, ch. 148, § 5;L. 2006, ch. 180, § 1;L. 2007, ch. 22, § 1; July 1.