Kansas Administrative Regulations Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES
Here is an overview of Kansas Administrative Regulations – Agency 105, which governs the State Board of Indigents' Defense Services (BIDS):
Agency 105 – STATE BOARD OF INDIGENTS' DEFENSE SERVICES
Purpose:
Agency 105 regulates the operations, standards, and policies of the Kansas State Board of Indigents’ Defense Services, which is responsible for providing legal defense to indigent individuals (those who cannot afford an attorney) in criminal cases.
Key Areas Covered by Agency 105 Regulations:
Attorney Qualifications and Standards (K.A.R. 105-3-1 through 105-3-6)
Defines requirements for defense counsel, including qualifications, training, and experience necessary to represent clients in felony, misdemeanor, or capital cases.
Public Defender Operations (K.A.R. 105-4-1 et seq.)
Regulations governing the operation and staffing of public defender offices across Kansas.
Appointment and Compensation of Assigned Counsel (K.A.R. 105-5-1 et seq.)
Sets procedures for appointing private attorneys to represent indigent defendants and guidelines for their compensation and reimbursement.
Eligibility for Indigent Defense Services (K.A.R. 105-6-1)
Provides criteria to determine if a defendant qualifies as indigent and thus is eligible to receive state-provided defense services.
Client Records and Confidentiality (K.A.R. 105-7-1 et seq.)
Establishes rules for the management, retention, and confidentiality of client records within public defense offices.
Capital Defense (K.A.R. 105-8-1 et seq.)
Outlines requirements and standards for attorneys appointed to represent clients in capital (death penalty) cases, including additional qualifications and support services.
Miscellaneous Provisions (K.A.R. 105-9-x)
May include rules on conflict of interest, supervision, audits, and oversight of contracted defense services.
Governing Body:
Kansas State Board of Indigents’ Defense Services (BIDS)
Website: https://www.sbids.org (if available)
Statutory Authority:
Kansas statutes, particularly K.S.A. 22-4501 et seq., provide the legal basis for these regulations.
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