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22-4508. Investigative, expert and other services; ex parte proceedings; compensation; claim, approval, payment. An attorney other than a public defender who acts as counsel for a defendant who is financially unable to obtain investigative, expert or other services necessary to an adequate defense in the defendant's case may request them in an ex parte application addressed to the district court where the action is pending. Upon finding, after appropriate inquiry in the ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the district court shall authorize counsel to obtain the services on behalf of the defendant. The district court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained. Within the standards and guidelines adopted by the state board of indigents' defense services, the district court shall determine reasonable compensation for the services and approve payment to the organization or person who rendered them upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source. Payment shall be made in the manner provided in K.S.A. 22-4507, and amendments thereto.

History: L. 1969, ch. 291, § 8; L. 1982, ch. 142, § 18; L. 1984, ch. 133, § 1; July 1.

Law Review and Bar Journal References:

"Forensic Psychiatry: Less Typical Applications," Roy B. Lacoursiere, M.D., 30 W.L.J. 29 (1990).

"Criminal Law: Marshaling the Defense—Indigent Defendants Guaranteed Psychiatric Assistance at Trial to Explain Battered Woman Syndrome [Dunn v. Roberts, 963 F.2d 308 (10 th Cir. 1992)]," Teresa Herdman, 32 W.L.J. 249, 252 (1993).

Attorney General's Opinions:

Amount of money which may be expended for expert testimony by defense subject to regulation by Board of Indigents' Defense Services. 2003-19.

While costs for court-appointed interpreters are borne by a county for operation of its district court, costs for interpreters authorized by a district court as a necessary defense expense is the responsibility of the state board of indigents' defense services. 2011-9.

CASE ANNOTATIONS

1. Funds sought hereunder (K.S.A. 62-3108) denied; evidence sought would have been inadmissible for purpose stated. State v. Thomas, 206 Kan. 603, 611, 481 P.2d 964.

2. Denial of application for investigative expert where amount of expense indefinite held not reversible error. State v. Frideaux, 207 Kan. 790, 487 P.2d 541.

3. Trial court determined funds requested for psychiatric testimony not "necessary"; sanity commission appointed; due process not violated. State v. Campbell, 210 Kan. 265, 274, 500 P.2d 21.

4. No abuse of discretion in denial of funds to hire expert to determine if community prejudice existed. State v. Frames, 213 Kan. 113, 118, 515 P.2d 751.

5. Applied; prosecution for aggravated kidnapping; defendant was provided with assistance of counsel and investigative assistance. State v. Dolack, 216 Kan. 622, 636, 533 P.2d 1282.

6. No error, under facts, in refusing to provide psychiatric services for defendant. State v. Bradford, 219 Kan. 336, 339, 548 P.2d 812.

7. Statute construed; defendant may make ex parte application for expert services, hearing, findings and payment. State v. Lee, 221 Kan. 109, 113, 558 P.2d 1096.

8. Psychiatric examination of indigent defendants relying on defense of insanity discussed. State v. Burnett, 222 Kan. 162, 563 P.2d 451.

9. No abuse of discretion by court in refusing to allow funds for expert witness. State v. King, 2 Kan. App. 2d 503, 504, 582 P.2d 309.

10. Trial court did not abuse discretion in denying defendant supporting services; conviction affirmed. State v. Reynolds, 230 Kan. 532, 534, 639 P.2d 461 (1982).

11. No prejudicial error by trial court in failing to instruct physician by written order to perform mental examination of defendant. State v. Grauerholz, 232 Kan. 221, 226, 654 P.2d 395 (1982).

12. Funds for public survey considered; question of first impression on testimony by previously hypnotized witnesses dealt with at length. State v. Haislip, 237 Kan. 461, 484, 701 P.2d 909 (1985).

13. Trial court's ruling in denying funds for services of expert witness examined. State v. Dunn, 243 Kan. 414, 758 P.2d 718 (1988).

14. Denial of psychiatric treatment examined where alleged amnesia found not to affect competency to stand trial. State v. Owens, 248 Kan. 273, 282, 807 P.2d 101 (1991).

15. Trial court's denial of expenses for survey of community attitudes in motion for venue change held not abuse of discretion. State v. Mayberry, 248 Kan. 369, 380, 807 P.2d 86 (1991).

16. Denial of due process in failure to provide funds for expert services; mental condition of defendant significant factor in trial. Dunn v. Roberts, 768 F. Supp. 1442, 1447 (1991).

17. Denial of additional funds for expert and investigative services examined; extent of statute's application discussed. State v. Lumbrera, 252 Kan. 54, 62, 64, 845 P.2d 609 (1992).

18. Trial court's discretion in refusing to provide funds for DNA testing examined. State v. Snodgrass, 252 Kan. 253, 264, 843 P.2d 720 (1992).

19. Denial of funds to hire psychiatric expert to explain battered woman's syndrome's relationship to intent violated due process. Dunn v. Roberts, 963 F.2d 308, 309, 310 (1992).

20. No error in trial court's denial of defendant's motion for independent examination of minor child victims. State v. Zuck, 21 Kan. App. 2d 597, 607, 904 P.2d 1005 (1995).

21. No abuse of discretion in refusing request for investigative services to show principal witness committed subject and other murders. State v. Brown, 266 Kan. 563, 575, 973 P.2d 773 (1999).


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