State v. Copes

The opinion of the court was delivered by

Luckert, J.:

On review of a Court of Appeals’ decision, we consider two issues of first impression for this court. Both arise from the district court’s failure to consider a defendant’s financial resources when imposing attorney fees and a fine.

First, can a defendant waive a K.S.A. 22-4513(b) requirement that a district court take into consideration “the financial resources of the defendant and the nature of the burden that payment of such sum will impose” in setting attorney fees in Board of Indigents’ Defense Services (BIDS) cases and, if so, can that…