Kan. Admin. Regs. § 105-2-1

Current through Register Vol. 43, No. 16, April 18, 2024

Section 105-2-1 - Definitions

Unless the context otherwise requires, terms used in K.A.R. 105-1-1 et seq., forms, and instructions shall have the following meanings.

(a) "Board" means the state board of indigents' defense services.

(b) "Director" means the state director of indigents' defense services appointed by the board.

(c) "District" means judicial district.

(d) "Legal representation" means representation of indigent defendants by a qualified and effective attorney, as well as transcript preparation and other related defense services by investigators, expert witnesses, and others when requested by the attorney and properly approved in accordance with K.A.R. 105-7-1, 105-7-2, and 105-7-3.

(e) "Panel" means the list of qualified attorneys in a county or judicial district who are eligible for appointment or assignment to represent indigent defendants and who voluntarily request to be considered for appointment or assignment.

(f) "Public defender" means an attorney selected and employed on a full-time basis by the board to provide quality legal representation to indigent defendants.

(g) "State appellate defender" means an attorney selected and employed on a full-time basis by the board to provide appellate representation to indigent defendants in the appellate courts of Kansas.

(h) "Trial counsel" means an attorney or public defender appointed or assigned under the terms of these regulations to provide legal representation to indigent defendants in the district courts of Kansas and as provided by K.A.R. 105-3-9.

(i) "Conflicts attorney office" means the office designated by the board to provide indigent felony and related defense services for cases that cannot be handled by a public defender office due to potential conflicts of interest.

(j) "Contract counsel or attorney" means an attorney who has entered into a contract with the board to provide representation to indigent defendants in the district and appellate courts of Kansas.

(k) "Assigned counsel or attorney" means a panel attorney appointed by the court to represent an indigent defendant in a case in which a public defender, contract counsel, or designated conflicts office has a conflict of interest and the public defender, the designated conflicts office, or contract counsel is not able to undertake representation.

Kan. Admin. Regs. § 105-2-1

Authorized by and implementing K.S.A. 1997 Supp. 22-4522; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended Oct. 31, 1988; amended March 28, 1994; amended Aug. 20, 1999.