The municipal judge shall prepare and file in the office of the clerk of the municipal court a list of attorneys who are eligible for assignment to represent indigent persons accused of municipal offenses in the City of St. John, Kansas.

(Ord. 1049)

In all cases pending before the municipal court in which the municipal judge has reason to believe that if found guilty, the defendant might be deprived of his liberty, the municipal judge presiding at the defendant’s first appearance shall advise the defendant, if he or she appears without counsel, that he or she has a right to counsel and that counsel will be appointed to represent the defendant if it is determined in writing that the defendant is not financially able to employ an attorney, unless the defendant waives in writing his or her right to counsel.

(Ord. 1049)

If it is determined that the defendant is not able to employ counsel, as provided in Section 9-204, the municipal judge shall appoint an attorney to represent the defendant.

(Ord. 1049)

When any defendant who is entitled to have the assistance of counsel claims to be financially unable to employ counsel, the municipal judge shall require the defendant file an affidavit containing such information, in a form adopted by the court. The municipal judge may interrogate the defendant under oath as to the contents of the affidavit; may require the defendant to produce evidence upon the issue of the defendant’s financial condition; and may require the city attorney, a city law enforcement officer or other municipal court employee to investigate and report upon the financial condition of the defendant.

(Ord. 1049)

(a)   Upon the basis of the information provided for by Section 9-204, the municipal judge shall determine whether the defendant is financially able to employ counsel. In making such determination, the municipal judge shall consider:

(1)   The defendant’s assets and income;

(2)   The amount needed to support the defendant and the defendant’s immediate family;

(3)   The anticipated cost of effective representation by employed counsel;

(4)   Any property conveyed by the defendant without adequate monetary consideration after a date which is thirty (30) days prior to the commission of the alleged offense.

(b)   If the defendants assets and income are not sufficient to cover the anticipated cost of representation by employed counsel the defendant shall be found to be indigent and the municipal judge shall appoint an attorney as provided in Section 9-203.

(c)   If the municipal judge finds that the defendant is financially able to employ counsel, the judge shall so advise the defendant and shall give the defendant a reasonable opportunity to employ an attorney of the defendant’s own choosing.

(d)   The determination that a defendant is indigent shall be subject to review at any time by the municipal judge, and if, after appointing an attorney, the municipal judge learns that the defendant has funds or other resources sufficient to enable the defendant to employ counsel, the judge shall terminate such appointment and allow the appointed attorney to withdraw from the case or permit the appointed attorney to accept compensation from the defendant for services.

(Ord. 1049)

In addition to those costs set forth in this chapter, if the defendant is convicted of any of the charges against him or her, the municipal judge shall assess as costs against the defendant that amount expended by the city in providing counsel and other defense services.

(Ord. 1049)

(a)   The municipal judge shall inform the defendant that the amount expended by the city in providing court appointed counsel will be assessed as costs against the defendant if the defendant is convicted or enters into a deferred prosecution program.

(b)   Defendants who plead or who are otherwise convicted shall be assessed court-appointed attorney fees in an amount equal to compensation paid to the attorney as provided in Section 9-208.

(Ord. 1049)

An attorney who performs services as provided in this section shall be entitled to compensation at the conclusion of such services.

(a)   Court appointed counsel shall be compensated by the city at rates to be determined from time-to-time by the governing body.

(b)   Claims for compensation shall be certified by the claimant and shall be reviewed and approved by the municipal judge.

(c)   Each claim shall be supported by a written statement specifying in detail the basis for said claim, the services rendered, the expenses incurred, and any other compensation or reimbursement received.

(d)   Upon review and approval by the municipal judge, each claim for compensation shall be submitted to the clerk of the municipal court, who shall then be authorized to pay the claim, subject to the approval of the governing body.

(Ord. 1049)