Kansas

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At a Glance (as of 2013)

Percentage of state funding: 74%
Percentage of local funding: 26%
Percentage of alternative funding: 0%
State commission: yes – limited authority
Branch of government: executive

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Structure & Funding of Indigent Defense Services

The Kansas Board of Indigents’ Defense Services (BIDS) is a statewide, state-funded commission administratively housed in the state’s executive branch. The Board itself is composed of nine members, each selected by the governor (with consent of the senate). BIDS’ authority at the trial level, however, is limited to felonies; counties maintain the responsibility for funding and administering right to counsel services on behalf of defendants in adult misdemeanor and juvenile delinquency matters.

BIDS has a central administrative office responsible for overseeing and implementing its policies. Defendants in 43 counties receive services through staffed public defender offices.  BIDS contracts with private attorneys to BIDS provide services in the balance of counties, with attorneys receiving a single, flat rate per case-type.  Though some public defender offices share conflicts (mostly serious felonies) the majority of conflict representation is handled through judicially controlled assigned counsel panels in which BIDS is obligated to pay the amount authorized by the local judge.  Such an arrangement often leads to the most egregious abuses of judicial interference because judges can assign cases to friends or campaign contributors without being financially beholden locally for their actions.

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Statutory Authority

K.A.R. § 105-1-1 through 105-31-2

K.S.A. § 22-4519 through 22-4529

Source of data: original research conducted by Sixth Amendment Center staff, augmented by the American Bar Association, State, County and Local Expenditures for Indigent Defense Services: Fiscal Year 2008, November 2010.