Judicial Branch and Board of Indigents’ Defense Services Budget Increases

The Kansas Constitution vests the judicial power of the state in one court of justice, which is divided into the Supreme Court, district courts, and other courts as provided by law. The Kansas Supreme Court has general administrative authority over all the courts in the state.

The Judicial Branch’s budget includes funding for the Kansas Supreme Court, the Court of Appeals, personnel and technology costs of the district courts, and a number of judicial and professional review boards and commissions. Most non-salary costs of the district courts are funded by the counties.

Judicial Branch Compensation Changes

Non-judge Employees

The 2023 Legislature added $4.4 million, including $4.2 million State General Funds (SGF), for a 5.0 percent increase for non-judge employees of the Judicial Branch for FY 2024.

Judge and Justice Positions

2023 House Sub. for SB 229, as enacted, established new compensation rates, subject to appropriations, for certain judge and justice positions and removed any reference in law to compensation limitations for such offices beginning in FY 2025. The new rates will be calculated as a percentage of the annual salary for a U.S. district judge or the new compensation for a Kansas district judge.

Percentages and salary information shall be as follows:

• Salaries for Kansas district judges will be equal to 75.0 percent of the annual salary of a U.S. district judge;
• Salaries for district magistrate judges will be equal to 55.0 percent of the new annual salary of a Kansas district judge;
• The salary for Chief Judge of the Kansas District Court will be equal to 105.0 percent of the (new) annual salary of a Kansas district judge;
• Salaries for judges of the Kansas Court of Appeals will be equal to 110.0 percent of the (new) annual salary of a Kansas district judge;
• The salary for Chief Judge of the Kansas Court of Appeals will be equal to 115.0 percent of the (new) annual salary of a Kansas district judge;
• Salaries for Kansas Supreme Court Justices will be equal to 120.0 percent of the (new) annual salary of Kansas district judges;
• The salary for Chief Justice of the Kansas Supreme Court will be equal to 125.0 percent of a Kansas district judge salary; and
• Salaries for Kansas district attorneys will be equal to 75.0 percent of the annual salary of a U.S. district judge.

The bill stipulated that if the salary for a U.S. District Court Judge is decreased, the referenced salaries would remain the same for the ensuing fiscal year, unless reduced by law applicable to all salaried state officers.

Board of Indigents’ Defense Services

The U.S. Constitution grants certain rights and protections to criminal defendants, including the right to be represented by an attorney. This right has been interpreted by the U.S. Supreme Court and the Kansas Supreme Court to require the State to pay for attorneys to represent indigent defendants at most key stages in the criminal justice process.

In Kansas, this requirement is met by the Board of Indigents’ Defense Services (BIDS). BIDS provides criminal defense services through:

Public defender offices in certain parts of the state;
Contract attorneys (attorneys in private practice contracted by BIDS); and
Assigned counsel (court-appointed attorneys compensated by BIDS).

BIDS officials monitor the cost per case for each of its offices quarterly to determine the most cost-effective system to deliver constitutionally required defense services and make changes as needed to maintain cost-effectiveness.

Compensation Changes

The 2023 Legislature added $729,133 SGF for a salary adjustment for most BIDS employees. The dollar amount is based on the Department of Administration Market Survey and a 5.0 percent salary adjustment for employees with job classifications that are not included in the Market Survey.

New Public Defender Offices

The 2023 Legislature added $3.8 million SGF and 30.0 full-time equivalent (FTE) positions for the agency’s enhancement request to establish public defender offices in the 29th Judicial District (Wyandotte County) and the 11th Judicial District (Crawford, Cherokee, and Labette counties) for FY 2024. It was estimated the ongoing costs
of maintaining both offices would be $3.5 million per year.

Caseload Staffing

The agency received $1.8 million SGF and 15.0 new FTE positions for ethical caseload staffing for FY 2024. The positions include 13.0 FTE public defender positions and 2.0 FTE administrative staff positions. These positions will support the agency’s priority staffing needs in areas with the highest number of caseloads and refusal of cases that lead to assigned counsel.