(a) Any compensation for attorneys' services in excess of the amounts specified in K.A.R. 105-5-6 and K.A.R. 105-5-7 may be approved only in exceptional cases. A finding by the court that a case is exceptional shall be subject to final approval by the board. An exceptional case shall mean any of the following:
- (1) Any case involving a felony charge in the trial court that is off-grid;
- (2) any felony case tried on a not guilty plea in which there have been 25 or more hours spent in court in defense of the indigent defendant;
- (3) any felony case not submitted to a judge or jury in which there have been 10 hours or more of in-court time spent in defense of the indigent defendant; or
- (4) any case that has been declared an exceptional case by the court due to its complexity or other significant characteristics.
- (b) Each claim for compensation in an exceptional case shall be accompanied by a specific finding in a court order specifying the basis for the declaration that the case is exceptional.
- (c) Reasonable compensation for attorneys' services in exceptional cases shall not exceed $8,000 per case. However, additional compensation may be approved by the board if warranted by the extreme complexity of the case.
(Authorized by and implementing K.S.A. 22-4507 and 22-4522; effective May 1, 1984; amended, T-105-6-13-88, July 1, 1988; amended Nov. 1, 1988; amended Oct. 30, 1989; amended July 1, 1993; amended, T-105-6-15-93, July 1, 1993; amended Aug. 16, 1993; amended Aug. 20, 1999; amended, T-105-7-5-06, July 5, 2006; amended Nov. 13, 2006; amended, T-105-8-16-10, Aug. 16, 2010; amended Nov. 5, 2010; amended Dec. 11, 2015; amended Nov. 14, 2016; amended April 26, 2019; amended March 20, 2020.)