Volume 45 - Issue 20- May 14, 2026

State of Kansas

Board of Indigents’ Defense Services

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 1:00 p.m. Wednesday, July 15, 2026, in the Florentine Room, Jayhawk Tower, 700 SW Jackson St., Topeka, KS 66603, to consider the adoption of proposed regulations of the State Board of Indigents’ Defense Services on a permanent basis. The Executive Director of the State Board of Indigents’ Defense Services is Ann Sagan.

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments prior to the hearing to Brandon Barrett, Assistant Director, State Board of Indigents’ Defense Services, 700 SW Jackson St., Suite 500, Topeka, KS 66603, or bbarrett@sbids.org. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Brandon Barrett at bbarrett@sbids.org or 785-296-7117. The entrance to the Jayhawk Tower is accessible from Jackson Street, and parking for persons with disabilities is in front of the building. If needed, the Kansas Relay Center can be reached at 1-800-766-3777.

Copies of the proposed regulations and economic impact statements may be obtained by contacting Brandon Barrett at bbarrett@sbids.org or at 700 SW Jackson St., Suite 500, Topeka, KS 66603. A summary of the proposed regulations and the economic impact follows:

Summary of Proposed Regulation

This amendment to K.A.R. 105-5-2 updates the hourly compensation rates owed to private attorneys appointed to represent indigent defendants and allows the agency to contract for different rates if necessary.

This regulation change is proposed on a permanent basis.

There will be no economic impact on governmental agencies or units or the general public directly based on the proposed change. Persons subject to the proposed change will benefit by being allowed to charge a higher hourly rate for their services. All funding associated with this change is from legislative appropriations.

The proposed change is sought to address the dwindling number of private attorneys who are willing to accept appointed criminal cases throughout Kansas. These attorneys generally operate small, local businesses, and increased compensation is necessary to meet rising operational costs. The need for additional qualified attorneys is well-known throughout the Kansas legal community.

This regulation does not have an environmental impact.

Summary of Proposed Regulations

The proposed amendments to K.A.R. 105-5-3, K.A.R. 105-5-6, K.A.R. 105-5-7 and K.A.R. 105-5-8 establish the maximum billing allowable on different case types and the method by which exceptional cases may bypass those maximum amounts. Additionally, the proposed change to K.A.R. 105-5-8 makes explicit the power of the Executive Director to approve billing on exceptional cases.

These regulation changes are proposed on a permanent basis.

There is no economic impact beyond the appropriated amount associated with the proposed change. There will be no economic impact on governmental agencies or units, persons subject to the proposed changes or the general public directly based on the proposed changes.

The proposed changes are sought to increase attorney and courthouse efficiency. At present, the low maximum per-case rates for allowable billing require attorneys to frequently draft motions and orders seeking exceptions to those rates. Those orders and motions must then be reviewed by the Court. The higher per-hour pay rate approved via legislative provisos has increased the volume of these filings, taking valuable time away from the attorneys’ representations and the Court’s busy dockets.

This regulation does not have an environmental impact.

Summary of Proposed Regulation

This amendment to K.A.R. 105-7-4 updates the hourly compensation rates owed to private investigators hired to assist attorneys in client representations.

This regulation change is proposed on a permanent basis.

The economic impact of this change is $40,000.00 in State General Funds per year. There will be no economic impact on governmental agencies or units or the general public directly based on the proposed change. Persons subject to the proposed change will benefit by being allowed to charge a higher hourly rate for their services. All funding associated with this change is from legislative appropriations.

The proposed change is sought to retain and expand the number of private investigators performing services on behalf of poor Kansans charged with felonies.

This regulation does not have an environmental impact.

Ann Sagan
Executive Director
Kansas State Board of Indigents’ Defense Services

Doc. No. 054172