Current through Register Vol. 43, No. 12, March 20, 2024
(a) Each
licensed attorney engaged in the private practice of law shall be eligible to
serve on the panel if the following criteria are met:
(1) Each attorney on the voluntary panel
representing an indigent defendant shall have completed 12 hours of continuing
legal education in the area of criminal law within three years of appointment
or have graduated from an accredited law school during the three years
immediately before appointment.
(2)
Each attorney assigned to the defense of any felony classified as a non-drug
grid offense with severity level of 3 or 4 or any felony classified as a drug
grid offense with a severity level of 1, 2, or 3 shall have tried to a verdict,
either as defense counsel or prosecutor, five or more felony jury
trials.
(3) Each attorney assigned
to the defense of any felony classified as an off-grid offense or a non-drug
grid offense with a severity level of 1 or 2 shall have tried to verdict,
either as defense counsel or prosecutor, five or more jury trials involving the
following:
(A) Non-drug offenses of severity
levels 1 through 4 or drug grid offenses of severity levels 1 through 3;
or
(B) any off-grid
offenses.
(4) Each
attorney assigned or appointed to the defense of any indigent person accused of
a capital murder, as defined by K.S.A. 2011 Supp.
21-5401 and amendments thereto,
shall be a prequalified death penalty attorney. Each attorney shall be screened
by the board to determine the attorney's qualifications to serve as defense
counsel to an indigent person accused of a capital murder, pursuant to
"guideline 5.1 qualifications of defense counsel," as published on pages 35 and
36 in the February 2003 edition of the American bar association (ABA)
"guidelines for the appointment and performance of defense counsel in death
penalty cases" and hereby adopted by reference, except for the history of
guideline, related standards, and commentary on page 36. Each attorney who is
eligible to serve on the capital appointments panel shall be prequalified by
the board as meeting this regulation.
(5) Each attorney assigned or appointed to
represent an indigent person who has been convicted of capital murder and who
is under a sentence of death in the direct review of the judgment shall be
prequalified by the board as meeting this regulation.
(6) Each attorney assigned or appointed to
represent an indigent person who has been convicted of capital murder and who
is under a sentence of death in postconviction proceedings shall be
prequalified by the board as meeting this regulation.
(7) To ensure compliance with these
regulations in capital murder or homicide cases, each attorney assigned or
appointed to the defense of any indigent person accused of a capital murder or
a homicide pursuant to K.S.A. 2011 Supp.
21-5401,
21-5402,
21-5403, or
21-5404, and amendments thereto,
shall be appointed from panel lists screened pursuant to these regulations and
approved by the board.
(b) Except for appointment of an attorney to
provide representation for an indigent person accused of a capital murder or a
homicide pursuant to K.S.A 2011 Supp.
21-5401,
21-5402,
21-5403, or
21-5404 and amendments thereto, an
indigent person who has been convicted of capital murder and who is under a
sentence of death in the direct review of the judgment or an indigent person
who has been convicted of capital murder and who is under a sentence of death
in postconviction proceedings, the judge may waive any of the requirements of
this regulation if the judge determines that the attorney selected by the judge
has sufficient training, resources, and experience to undertake the case in
question.