STATE OF KANSAS BOARD OF INDIGENTS' DEFENSE SERVICES DEPOSITORY State Library of Kansas 300 SW1 Otl1 Ave RM 343 Topeka KS 66612-1593 ANNUAL REPORT FISCAL YEAR 2010 714 SW Jackson, Suite 200 TOPEKA, KS 66603-3714 1111111~i1~~m~111~1ii~11111113 5141 00194009 8 TABLE OF CONTENTS Table of Contents ..................................................................................................... .i Organizational Chart ................................................................................................ ii Background Information ......................................................................................... 1-2 Administration ........................................................................................................ 3-5 Public Defender Operations .................................................................................. 6-11 Capital Defense Operations .................................................................................. 12-1 7 Assigned Counsel ................................................................................................. 18-19 Appendix ................................................................................................................. 20 Table of Board Members ......................................................................................... 21 Total Public Defender and Assigned Counsel Cases .............................................. 22 Total Public Defender and Assigned Counsel Cost per Case .......... , ....................... 23 Public Defender (Trial Office) Caseloads ............................................................... 24 Map - Public Defender Offices and Counties Served by Public Defenders ........... 25 Map - Counties Having Public Defender Availability, Served by Contract Counsel, or Agreement to Reduce Costs with Local Bar ........................... 26 Map - Assigned/Contract Counsel Felony Cases per County ................................. 27 Map - Assigned Counsel Attorney Costs and Costs per Case by County ............... 28 I Organizational Chart 8.li11tieri~'i~ i.Sedgwick i . ·I.~ti;r;· *Legal Services for Prisoners :.rn~:~~;''. }~!Jepend~n~ · Satdlite. *K.S.A. 22-4514a provides for the submission ofLSP, Inc. budget toBIDS for approval and submission ii BACKGROUND INFORMATION The State Board of Indigents' Defense Services was created by the 1982 Legislature (1982 Session Laws, Ch. 142) for the purpose ofproviding indigent felony defense services as required by the Sixth Amendment to the U.S. Constitution. The present Board succeeds the Board of Supervisors of Panels to Aid Indigent Defendants (1969 Legislature - K.S.A. 22-4501 et. seq.) which was abolished on the effective date ofthe 1982 legislation. With the enactment of the act, the Board was given greater authority than its predecessor to ensure the cost-effective delivery of felony defense services for the citizens of Kansas. The State Board of Indigents' Defense Services exists within the executive branch of state government. The board consists of nine persons appointed by the Governor and subject to confirmation by the Senate. Members are appointed for terms of three years each. In addition, the board shall consist of not more than five members who are lawyers registered with the Kansas Supreme Court, at least one lawyer member from each county in the state having a population in excess of 100,000 and at least one member from each congressional district except that two members shall be from the frrst congressional district. The state board has the following duties: 1) To provide, supervise and coordinate in the most efficient and economical manner possible the constitutionally and statutorily required counsel and related services for each indigent person accused of a felony and for such other indigent persons as prescribed by statute. 2) Establish in each county or combination of counties designated by the board a system of appointed counsel, contractual arrangements for providing contract counsel, or public defender offices or any combination thereof on a full or part-time basis for the delivery oflegal services for indigent persons accused of felonies. 3) Approve an annual operating budget for the board and submit that budget as provided in K.S.A. 75-3717. 4) Adopt rules and regulations in accordance with K.S.A. 77-415 et seq. and amendments thereto which are necessary for the operation of the board and the performance of its duties and for the guidance of appointed counsel, contract counsel and public defenders, including but not limited to: a) Standards for entitlement to legal representation at public expense; b) Standards and guidelines for compensation of appointed counsel and investigative, expert, and other services within the limits of appropriations; c) Criteria for employing contract counsel; d) Qualification, standards and guidelines for public defenders, appointed counsel and contract counsel. 5) Prepare and submit to the Governor and Legislature an annual report on the operations of the board. 1 6) Hold a hearing before changing the system for providing legal services for indigent persons accused of felonies in any county or judicial district if such hearing is requested by two or more members of the board. The board was also given the statutory authority to appoint a State Director of Indigents' Defense Services. The director is responsible for the overall operation and administration of the agency, including the delivery of the constitutionally and statutorily required counsel and formulation and implementation of the policies and directives of the nine-member board. The director is also responsible for fiscal management, personnel supervision, inventory management, and program development. 2 ADMINISTRATION The Administration Office is staffed by the Executive Director, (State Director) Assistant Director, Technology Support Supervisor, two (2) Technology Support Consultant II, Systems Analyst, Human Resource Professional II, Accountant III, Accountant I, and an Accounting Specialist. State Director The duties of the State Director are defined by K.S.A. 22-4525 as follows: "The state director of indigents' defense services shall be chief executive officer of the state board of indigents' defense services. In addition thereto, the director shall: (a) supervise the operation, policies and procedures of the office of the board; (b) prepare and submit to the board an annual report of the operation of the office in such form as the board directs; and (c) perform such other duties as the board requires." The Executive Director is responsible for overall supervision, agency pla.n..Ping, and providing the most current mid accurate information regarding the agency to Board members, the Governor's Budget Division, the Legislative Research Department, legislative subcommittees, all levels of the Executive Branch, and employees throughout our agency. In addition, the State Director provides administrative supervision and support to contract counsel and assigned counsel by initiating and overseeing contracts with private attorneys, reviewing and authorizing payment for expert services and updating Board policies. The State Director directly supervises the Assistant Director, Personnel Section, the Chief Defenders of all offices and the death penalty appeals attorneys. Auditing Section The Auditing Section is responsible for auditing all assigned counsel, expert, transcriptionist and contract attorney vouchers and determining payments in accordance with Board policy, rules and regulations. Beginning in FY 2002, the Auditing Section implemented dataset submission of voucher payments to the Department of Administration. This is a paperless process that reduced time spent on redundant data entry as well as reducing cost of data processing services. This process has ensured more timely payments to assigned counsel and experts. In late FY 2002, further revision to voucher forms helped cut down voucher processing time. Regulations, forms, orders and instructions for expert and attorney services were posted on the agency website. In FY 2004, an electronic payment inquiry form was added to better handle attorney questions on payment issues. An Accounting Specialist was added in FY 2005 to assist with the increasing voucher volume. The Exceptional claims are processed by the Accounting Specialist and further reviewed by the Assistant Director and State Director. Special claims are prepared by the Assistant Director for review by the Board. The Auditing Section is supervised by the Assistant Director. Personnel Section The Personnel Section of BIDS is responsible for all major personnel functions and activities related to human resource management such as employee relations, benefits, FLSA, ADA, FMLA, Shared Leave Program, affirmative Action/Equal Employment Opportunity, employment, recruitment/orientation/exit interview, training, timekeeping, maintaining position organizational charts, and SHaRP. The Personnel Section also coordinates the appointment of unclassified personnel with the Governor's Secretary of Appointments. The HR unit continually initiates changes and updates to the Employee Handbook, Personnel Handbook, .and New Employee state-wide Orientation Training due to regulation changes. The HR unit has been involved with 3 the Division of Personnel Services dealing with compensation and other issues. The agency continues to increase the use of technology by using the automation of the State Self Serve web page for employees to view personal