Kansas bill proposed lawyers for some inmate court challenges

A court would appoint a lawyer for an eligible inmate’s felony conviction or sentence challenge. This applies to people serving a felony sentence who file a challenge under K.S.A. 60-1507. The inmate must submit an affidavit saying the challenge is in good faith and that they cannot afford the case or a lawyer. The court must find a substantial legal question or factual issue and determine that the inmate is indigent. The court would review the petition or motion before deciding whether to appoint counsel.

A court would appoint a lawyer for certain challenges by people under a death sentence and could appoint one for prison-conditions challenges. The death-sentence rules apply to people convicted of capital murder. The discretionary rule applies to inmates in the secretary of corrections’ custody who challenge their conditions of confinement under K.S.A. 60-1501. For a death-sentence case, the person must be indigent and accept representation, or be unable to competently decide whether to accept or reject it. The court must deny counsel if the person is competent and not indigent. For a prison-conditions challenge, appointing counsel is left to the court’s discretion.

A court would provide electronic court records to an indigent inmate at no charge when needed to present the case. This applies to an indigent petitioner or movant in a matter before the court. The court must determine that electronic access is necessary to present the inmate’s case and that the inmate is indigent.