Partially- Indigent Defendant May Be Eligible For Court-Compensated Services

The Kansas Supreme Court has recognized a right to have retained criminal defense counsel seek court compensation for investigative or other defense-related services

This original action in mandamus raises the question of whether a partially indigent defendant who has retained counsel may pursue funding for certain services through the State Board of Indigents’ Defense Services (Board or BIDS). The parties readily acknowledge that K.S.A. 22-4508 contemplates that a court-appointed attorney may request an ex parte hearing before the district court when acting as counsel for a partially indigent defendant who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense. If the district court determines that (1) the defendant is financially unable to pay for such services and (2) the requested services are necessary to an adequate defense, then the district court shall authorize counsel to obtain the services on the defendant’s behalf. We conclude the plain language of K.S.A. 22-4508 also permits privately retained counsel to pursue the same procedure, so long as the defendant is financially unable to obtain investigative, expert, or other services necessary to an adequate defense.

The video of the oral argument is linked here. 

Justice Luckert authored the opinion.

More on the issue from the NLADA. (Mike Frisch)