Printable Format22-3104. Counsel for witness. (1) Any person called to testify at an inquisition must be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. Upon a request by such person for counsel, no further examination of the witness shall take place until counsel is present. In the event that counsel of the witness' choice is not available, he shall be required to obtain other counsel within three (3) days in order that the inquisition may proceed. If such person is indigent and unable to obtain the services of counsel, the judge shall appoint counsel to assist him who shall be compensated as counsel appointed for indigent defendants in the district court.
(2) Counsel for any witness shall be present while the witness is testifying and may interpose objections on behalf of the witness. He shall not be permitted to examine or cross-examine his client or any other witness at the inquisition.
History: L. 1970, ch. 129, ยง 22-3104; July 1.
Source or Prior Law:
62-301.
CASE ANNOTATIONS
1. Presence of counsel at inquisition is for witness' benefit, not to safeguard rights of individual charged. State v. Brewer, 11 Kan. App. 2d 655, 656, 657, 732 P.2d 780 (1987).
2. Cited; custodial and investigatory interrogations distinguished; admissibility of defendant's inquisition statements at trial noted; judge's role examined. State v. Cathey, 241 Kan. 715, 720, 741 P.2d 738 (1987).