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Rule 8: Counsel
| 8.1 |
All defendants may be represented by counsel before the Municipal Court of Wichita, Kansas. Defendants may also represent themselves and appear without counsel. |
| 8.2 |
No attorney may appear before the Administrative Traffic Court except for the purpose of entry of appearance and request for a continuance to the Municipal Court Traffic Docket. A defendant may not otherwise be represented by counsel when contesting a citation before the Administrative Traffic Court or for any other purpose. |
| 8.3 |
Any attorney appearing for a defendant shall enter his or her appearance by notifying the Court in writing or by notifying the Municipal Court Clerk whereupon such attorney's name shall be entered as attorney of record on the defendant's disposition sheet. See K.S.A. 12-4402. |
| 8.4 |
No limited entries of appearance will be permitted by counsel merely to apply for the defendant's release from custody, to reduce a bond set, to withdraw a warrant, or to obtain a continuance of the case. Once an attorney has voluntarily entered his or her appearance on behalf of a defendant, such attorney may not withdraw from such representation expect as may be permitted by these Rules and by the municipal court judge. |
| 8.5 |
Any attorney not licensed to practice in the State of Kansas, but who is licensed as an attorney in good standing in another state, may be recognized as an attorney by this Court and may participate in any particular case, but only if such attorney first associates with a local "attorney of record" licensed to practice in this state. The Kansas attorney of record shall be actively engaged in the conduct of the matter or litigation, shall sign all pleadings, documents, and briefs, and shall be present throughout all court or administrative appearances. Service may be had upon the associated Kansas attorney within this state in all matters connected with said action, hearing or proceeding, with the same effect as if personally made on the out-of-state attorney. Any out-of-state attorney permitted to enter an appearance before the Court pursuant hereto shall be subject to the order of, and amenable to disciplinary action, by the courts, agencies, or tribunals of this state. |
| 8.6 |
If the Municipal Court Judge has reason to believe that, if found guilty, the accused person might be deprived of his or her liberty, and such person is not financially able to employ counsel, the judge shall appoint an attorney to represent the accused person. Financial inability to employ counsel shall be determined by the methods provided in City Code Section 1.04.210 of the Code of the City of Wichita, and by these Rules, and by the policies of the administrative judge. See K.S.A. 12-4405 and City Code Section 1.04.065. |
| 8.7 |
Persons requesting appointment of counsel shall be advised in writing that the appointment of counsel does not mean that such services will be provided free of charge; such notification shall specifically advise the accused that the reasonable costs of legal services provided to the accused may be subsequently or ultimately assessed against him or her as part of the court costs, or as a condition of any probation, parole or suspended sentence imposed in any of the cases upon which he or she may be convicted and sentenced, or may otherwise be collected by assessment or by separate civil action by the City of Wichita against the accused. See City Code Section 1.04.210 and 1.04.065.
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Whenever the City Attorney or City Prosecutor has at the time of arraignment, first appearance, or prior to the appointment of counsel, agreed in writing not to request any jail term be imposed should the accused be convicted, even though the ordinance involved permits the imposition of a jail sentence, the Court may accept and endorse such agreement in writing and file the same in the case. Upon such Court's acceptance and endorsement of the City's promise not to request any jail time in such case, the Court will not appoint a public defender to represent such defendant solely in such case. See City Code Section 1.04.065.
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Should the Court, in its sound discretion, refuse to accept and endorse the City Attorney's or City Prosecutor's promise made pursuant to City Code Section 1.04.065, and amendments thereto, not to request any jail time, because the Court believes that upon conviction the Court would be required by law to impose a jail sentence, or otherwise finds that it would not be in the interests of justice to promise that no jail sentence would be imposed, the Court may disregard such promise and advise the accused in open court that the Court will not accept the City's offer. In such cases the Court may appoint counsel to represent the accused, if otherwise permitted by these Rules, and not withstanding any ordinance to the contrary. See K.S.A. 12- 4405 and City Code Section 1.04.210.
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Should additional or new cases be docketed in the Municipal Court against the accused subsequent to the filing of the City's promise not to request the imposition of a jail sentence in an earlier case, the Court may disregard such promise upon notice to the accused in open court so long as none of the substantive rights of the accused have been prejudiced, and if otherwise permitted by these Rules, appoint counsel to represent the accused in all such cases pending in Municipal Court. |
| 8.8 |
An attorney of record may be permitted by the Court to withdraw when such request to withdraw is accompanied by a written "Entry of Appearance" of another attorney able and ready to proceed with the case as then scheduled, and where such substitution of counsel is acknowledged by the defendant. Otherwise the withdrawal of an attorney of record will only be granted upon good cause shown as permitted by these Rules. |
| 8.9 |
In the interests of justice, and with the consent of the defendant, the Court may permit a defendant to sign a "Waiver of Counsel" form in each docketed case and proceed forthwith in such case acting as his or her own attorney. |
| 8.10 |
Should a defendant fail to appear as scheduled for any court appearance, and if in the interests of justice, the Court may grant an oral or written motion contemporaneously made by such defendant's attorney of record to withdraw in such case and issue a warrant for the arrest of such defendant. |
| 8.11 |
Except as permitted by Rules 8.7 through 8.10, an attorney who has appeared of record in any case may not be relieved of his duties to the court, his client, and opposing counsel until such attorney of record has:
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served a motion for withdrawal on the client and on opposing counsel;
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served a notice of hearing on such motion upon the client at such client's last known address according to the records of the court and upon opposing counsel;
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filed copies of the motion, notice of hearing and proof of the service thereof with the clerk; and
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the judge has entered an order approving the withdrawal. |
| 8.12 |
Motions to withdraw by counsel of record are not favored, particularly after such counsel has set the matter for trial. In such cases the court should be reluctant to grant such motions in the absence of a good faith showing of an appearance of a conflict of interest or other ethical ground which would require such attorney to withdraw as counsel of record as a matter of law. The failure or inability of an attorney to collect a fee, or the mere failure of a defendant to contact such counsel between court hearings, will not, per se, constitute sufficient grounds to permit an attorney to withdraw as counsel of record in a case once the matter has been set for trial by such attorney. See K.S.A. 12-4408. |
| 8.13 |
Factors to be considered by the court in granting or denying a motion by counsel to withdraw shall include:
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the grounds for the withdrawal request;
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the existence of any possible conflict of interest;
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the effect upon speedy trial issues if the motion is granted;
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the inconvenience caused to the witnesses at any trial dates previously or presently scheduled;
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the prejudice which may be suffered by the Defendant if the motion is granted or denied;
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the prejudice to the City of Wichita if the motion is granted or denied;
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the absence or presence of written authority by the accused to the attorney of record to dispose of the charges in such case in the absence of the accused; and
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any other relevant factors. |
| 8.14 |
The failure of counsel to appear at the hearing on a motion to withdraw will be deemed grounds for the denial of such motion. |
| 8.15 |
Should counsel be engaged in courts of general jurisdiction, such cases shall take precedence upon conflicting appearances in the municipal court. Counsel shall be considered engaged in a court of general jurisdiction when he or she is physically present in such court and participating in, or awaiting imminent trial, hearing or appellate review. Under such circumstances counsel is obligated to notify the municipal court and opposing counsel of the scheduling conflict and to make a good faith effort to resolve such conflict before the date of such scheduling conflict. |
| 8.16 |
Once counsel for a defendant has set the matter for trial or other evidentiary hearing, such counsel is expected to appear on behalf of such defendant in person in the municipal court except as otherwise may be permitted by these Rules. The mere fact that such counsel may in good faith anticipate that the defendant will fail to appear, or the mere fact that such defendant may have failed to meet the contractual obligations to such attorney, or to keep in communication with such counsel, do not serve to excuse the failure of such counsel of the duties to appear in court and to keep the court and opposing counsel advised as required by law, by court rules, or by ethical considerations. |
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Related to Rules of the Municipal Court |
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