Appointed Counsel; List of Attorneys; continuing education, fees.
1. Upon the filing of a complaint or petition, the court shall appoint counsel to represent the youth from a juvenile appointment list maintained by the Juvenile Court Department. Such appointments should be made in rotation unless in the discretion of the court the nature and/or gravity of the allegations or other circumstances require variance from rotation. The AA for the assigned division shall provide the detention attorney by 8:30 a.m. the list of juveniles in detention so that counsel can meet with the client prior to the hearing. The AA shall also provide counsel the pleadings and a copy of any reports received by the court for that day’s detention hearings.
Any attorney who indicates an availability to serve on said list shall accept any and all cases assigned except for good cause. Counsel shall agree to personally handle said cases and shall not allow other counsel to appear on their behalf except for good cause.
A calendar will be created for each calendar year with the detention assignments and distributed to the attorneys. The AA shall appoint the detention attorney as attorney of record on all new cases. If the juvenile has previously been appointed counsel on any pending cases the juvenile will continue with the previously appointed attorney on new cases as long as the previous attorney is on the appointment list. The detention attorney shall cover for that assigned attorney if necessary. The AA shall appoint the detention hearing attorneys a proportionate share of new cases received by the Court during their assigned week.
2. 10TH DISTRICT STANDARDS FOR COURT APPOINTED JUVENILE DEFENSE ATTORNEYS.
Unless the appointing judge authorizes departure from these standards for good cause, these standards apply when the judge appoints a juvenile defense attorney for a child in a case to represent the child’s expressed interests under the Revised Kansas Juvenile Justice Code, K.S.A. 38-2301 et seq. The judge shall issue an order appointing the juvenile defense attorney on the Order of Appointment; and ensure compliance with this rule.
(b) Continuing Education.
To be included on the Tenth District Juvenile Court Appointment list defense attorneys shall annually complete four hours of continuing education approved for continuing legal education credit under Supreme Court Rule 804 or continuing judicial education under Supreme Court Rule 501 in at least one of the following areas:/p>
• Adolescent mental health issues
• Adolescent brain development
• Juvenile justice legislative updates
• Evidence based sentencing
• Principles of effective intervention
• Cognitive behavioral intervention
• Trauma informed care of adolescents
• Other topics related to juvenile justice
Defense attorneys who work in juvenile court should report to the office of judicial administration
each time they have completed training. A link for reporting is located on the judicial branch website,
www.kscourts.org under Programs. Attorneys shall
also submit written verification to the Tenth district of their completion of four (4) hours of continuing
legal education each year in the specific areas listed in the OJA training protocol required by K.S.A. 20-318a.
Forms are available in the juvenile divisions and are due by June 30th each calendar year.
3. Orders for Attorney Fees.
All attorneys shall be prepared at diversion sign-in or at sentencing to provide the court
their total hours on a case so that the juvenile and their parents have that information prior
to leaving court. The Court or family may request the attorney provide an itemized written bill.
If the attorney is unable to provide that information to the Court at the final hearing, all bills
are due within 30 days. Attorney fees submitted after 30 days without good cause shall be considered
to have been waived fees in the case.