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Kansas

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Custody Disputes - Children

Legislation

February 5, 2025

HB2181

Enacts Uniform Family Law Arbitration Act permits arbitrator to appoint an atty, GAL, or "other representative" for a child in custody matters

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Forfeiture (incomplete)

Legislation

February 9, 2023

Legislature introduces another forfeiture reform bill

Kansas has introduced bills in successive years that would have abolished pre-conviction forfeiture and provided a right to counsel.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

April 10, 2025

HB2359

Enacts the Uniform Guardianship, Conservatorship, and Other Protective Arrangements (UGCOPA) Act.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

April 10, 2025

HB2359

Enacts the Uniform Guardianship, Conservatorship, and Other Protective Arrangements (UGCOPA) Act.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

April 10, 2025

HB2359

Enacts the Uniform Guardianship, Conservatorship, and Other Protective Arrangements (UGCOPA) Act.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - Evictions

Miscellaneous

March 19, 2025

Lawrence (KS) Tenants pushing city to explore tenant RTC

Lawrence Tenants, a tenant organizing group in Lawrence KS, is pushing the city to consider a right to counsel for tenants facing eviction.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Involuntary Medical Treatment (incomplete)

Litigation

Key Development

May 12, 2017

Right to counsel - challenging quality of sex offense treatment or search and seizure

A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Sexually Dangerous Persons - Commitment

Litigation

Key Development

August 17, 2012

Kansas Supreme Court recognizes right to counsel in sex offender commitment cases

The Kansas Supreme Court has said there is a right to counsel in sexually violent predator commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

There is a right to counsel upon request for indigent parents in "child in need of care" (abuse/neglect) cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

There is a right to an attorney ad litem for children in "child in need of care" proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

Services are generally provided consensually, but the court must appoint counsel for an unrepresented adult in any proceedings under the Act.

Appointment of Counsel: Yes

Qualified: No

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

A court must appoint counsel for a minor seeking to bypass the parental notification requirements for an abortion.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel in civil commitment matters, sometimes for both the petitioner and the respondent, as well as for certain minors.

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Contempt in Family Court

Litigation

Key Development

Right to counsel

An appellate court found a federal constitutional due process right to counsel in civil contempt cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

Respondents have a right to counsel in relation to establishing a guardianship/conservatorship, their sterilization, and involuntary admission.

Appointment of Counsel: Yes

Qualified: No

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Right to counsel for child

The court must appoint counsel for a minor whose guardian or proposed guardian seeks court authority to admit them to a treatment facility.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

Key Development

Discretionary appointment of counsel - For guardian

The court may appoint counsel for a guardian seeking to modify their authority.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

Individuals have the right to counsel at all stages of involuntary treatment matters regardless of indigency.

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

May 12, 2017

Right to counsel - challenging quality of sex offense treatment or search and seizure

A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Parentage - Defendant/Respondent

Legislation

Key Development

Right to counsel

A court must appoint counsel for an indigent respondent in a paternity proceeding.

Appointment of Counsel: Yes

Qualified: No

Qualified

Parentage - Petitioner or Child

Legislation

Key Development

Discretionary appointment of GAL for child in certain circumstances

The court must appoint a guardian ad litem, who may or may not be an attorney, if the child and petitioner's interests differ.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

Right to counsel for certain petitioners

A Kansas statute sets out the way in which a petitioner in a paternity case can receive legal assistance.

Appointment of Counsel: Yes

Qualified: No

Categorical

Quarantine/Isolation

Legislation

Key Development

Right to Counsel

There is a right to counsel for individuals or groups of individuals contesting an order of isolation or quarantine.

Appointment of Counsel: Yes

Qualified: No

Categorical

Sexually Dangerous Persons - Commitment

Litigation

Key Development

August 17, 2012

Kansas Supreme Court recognizes right to counsel in sex offender commitment cases

The Kansas Supreme Court has said there is a right to counsel in sexually violent predator commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent persons in sexually dangerous persons proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Sterilization

Legislation

Key Development

Right to counsel

Kansas provides a right to counsel for some but not all sterilization proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Termination of Parental Rights (Private) - Birth Parents

Litigation

Key Development

Right to counsel

A Kansas appellate court suggested that putative fathers have a due process right to counsel in stepparent adoption cases.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in adoption proceedings, including the appeal.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Right to counsel

The KS Supreme Court found a due process right to counsel in termination cases, and later, an intermediate court pointed to inherent power.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel upon request for indigent parents in termination of parental rights cases, including the appeal.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

There is a right to an attorney ad litem for children in "child in need of care" proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to attorney guardian ad litem

A child has the right to an attorney guardian ad litem in truancy proceedings (which are treated as child in need of care matters).

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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