38-2344. First appearance; plea.
38-2344
38-2344. First appearance; plea.(a) When the juvenile appears without an attorney inresponseto a complaint,the court shall inform the juvenile of the following:
(1) The nature of the charges in the complaint;
(2) the right to hire an attorney of the juvenile's own choice;
(3) the duty of the court to appoint an attorney for the juvenile if noattorney is hired by thejuvenile or parent; and
(4) that the court may require the juvenile or parent to pay the expense ofa court appointed attorney.
Upon request the court shall give the juvenile or parent an opportunity to hirean attorney.If no request is made or the juvenile or parent is financially unable to hirean attorney, the courtshall forthwith appoint an attorney for the juvenile. The court shall affordthe juvenile anopportunity to confer with the attorney before requiring the juvenile to pleadto the allegations ofthe complaint.
(b) When the juvenile appears with an attorney in response to a complaint,the court shallrequire the juvenile to plead guilty, nolo contendere or not guiltyto the allegations stated in thecomplaint, unless there is an application for and approval of an immediateintervention program.Prior to making this requirement, the court shall inform the juvenile of thefollowing:
(1) The nature of the charges in the complaint;
(2) the right of the juvenile to be presumed innocent of each charge;
(3) the right to trial without unnecessary delay and to confront andcross-examine witnessesappearing in support of the allegations of the complaint;
(4) the right to subpoena witnesses;
(5) the right of the juvenile to testify or to decline to testify; and
(6) the sentencing alternatives the court may select as the result of thejuvenile beingadjudicated a juvenile offender.
(c) If the juvenile pleads guilty to the allegations contained in acomplaint or pleads nolocontendere, the court shall determine, before accepting the plea andentering a sentence: (1) Thatthere has been a voluntary waiver of the rights enumerated in subsections(b)(2), (3), (4) and (5); and (2) that there is a factual basis for the plea.
(d) If the juvenile pleads not guilty, the court shall schedule a time anddate for trial to thecourt.
(e) First appearance may be conducted by two-way electronic audio-videocommunicationbetween the juvenile and the judge in lieu of personal presence of thejuvenile or the juvenile'sattorney in the courtroom from any location within Kansas in the discretion ofthe court. The juvenilemay be accompanied by the juvenile's attorney during such proceedings or thejuvenile's attorney may bepersonally present in court as long as a means of confidential communicationbetween the juvenileand the juvenile's attorney is available.
History: L. 2006, ch. 169, § 44; Jan. 1, 2007.