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Minutes for HB2605 - Committee on Judiciary
Short Title
Increasing the maximum rate paid to appointed counsel for an indigent person.
Minutes Content for Mon, Feb 5, 2024
Chairperson Humphries opened the hearing on HB2605. Natalie Scott provided an overview of the bill. She stood for questions. (Attachment 1)
Proponent
Joe Molina stated KSA 22-4507 provides that "Such attorney shall be compensated at the rate of $80 per hour...". Over the past two years this hourly rate was increased last session to $120 through a budget proviso. The Kansas Bar Association would urge this committee to codify the rate increase into KSA 22-4507. Mr. Molina stood for questions. (Attachment 2)
Heather Cessna explained, as written, HB2605 would insert a language change into K.S.A. 22-4507(c). This change would amend language indicating that the Board of Indigent Services (BIDS) -assigned counsel rate is $80 per hour, to instead indicate that the BIDS-assigned counsel rate may be paid out at a minimum rate of at least $120 per hour up to as high as $140 per hour, except for some specific circumstances contained in the subsections of section (c). Essentially, this language clarification would make it clear that BIDS is no longer capped at the hopelessly outdated and unconscionably low $80 per hour assigned counsel rate. Currently, BIDS' budget for FY 2024 and FY 2025 contains funding sufficient to continue paying out a rate of $120 per hour for our assigned counsel panel attorneys. While BIDS has made a budget request in FY 2025 for funding to support a $140 per hour rate, that funding has not been supported by the Governor, Senate Ways and Means, or House Appropriations at the time of this testimony. Any efforts to support future increases in the assigned counsel rate above $120 per hour will require budget requests for supportive funding in future fiscal years. Ms. Cessna stood for questions. (Attachment 3)
Chairperson closed the hearing on HB2605.
Chairperson Humphries asked the membership if they all had a chance to review the meeting minutes for January 10th, 16th, 17th, 23rd, & 24th.
Representative Landwehr moved to approve the meeting minutes for January 10th, 16th, 17th, 23rd, & 24th, Representative Owens seconded. Motion carried.
Chairperson Humphries adjourned the meeting at 4:07 pm.
