SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2351
As Amended by House Committee on Judiciary

Brief*
HB 2351, as amended, would change law governing
compensation for legal defense services provided to indigents
to require appointed counsel be paid at a rate of not less than
$120 per hour and not to exceed $140 per hour.
The bill would also make a corresponding amendment to
allow the Chief Judge of a judicial district to negotiate an
hourly rate less than the maximum rate for attorneys who
voluntarily accept appointments in the district by replacing a
reference to the current statutory hourly rate.
[Note: Under current law, $80 per hour is the maximum
rate of pay. However, the rate-of-pay provision does not apply
to a public defender, assistant public defender, or contract
counsel. A proviso in Section 40 of 2022 House Sub. for Sub.
for SB 267 directed the Board of Indigents’ Defense Services
(BIDS) to pay a maximum hourly rate of $120 in FY 2023.]

Background
The bill was introduced by the House Committee on
Judiciary at the request of Representative Patton on behalf of
the BIDS.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
House Committee on Judiciary
In the House Committee hearing on February 13, 2023,
the Executive Director of BIDS and a representative of the
Kansas Bar Association testified as proponents of the bill,
stating the intention of the bill is to allow BIDS to pay
appointed counsel at a rate higher than what the statute
currently allows in order to keep up with the market rate for
legal services and respond to growing pressures on assigned
counsel in the state. The proponents also noted BIDS is
currently able to pay an hourly rate of $120 due to a budget
proviso that will expire on July 1, 2023. No other testimony
was provided.
The House Committee adopted an amendment to
replace language increasing the maximum rate to $100
through June 30, 2024, and $120 per hour on and after July
1, 2024, with language setting the rate as described above.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, BIDS states that the bill
would reduce the hourly rate from $120 [set for FY 2023 in
the current appropriations bill proviso] to $100 for FY 2024. If
BIDS would be required to lower the hourly rate for FY 2024
to $100, then the estimated expenditure decrease is
$1,147,340 from the State General Fund. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2024 Governor’s Budget Report.
Board of Indigents’ Defense Services; pay increase; appointed counsel; attorney;
hourly rate


2- 2351


Statutes affected:
As introduced: 22-4507
As Amended by House Committee: 22-4507