48-241a. Payment of expenses for defense of members of national and state guards in certain civil and criminal actions; selection of defense attorney; duties of attorney general. - Kansas Statutes

48-241a

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 2.--KANSAS ARMY AND AIR NATIONAL GUARD

      48-241a.   Payment of expenses for defense of members of national andstate guards in certain civil and criminal actions; selection of defenseattorney; duties of attorney general.If any member or any former member of the Kansas national guard, or theKansas air nationalguard, or the Kansas state guard is prosecuted by civil or criminalaction for any act performed or committed while a member, or an actcaused, ordered or directed by such member to be done or performed, infurtherance of or while in the performance of military duty, all of theexpense of the defense of such actions, civil or criminal, includingattorney's fees, witnesses' fees for the defense, defendant's courtcosts and all costs for transcripts of records and abstracts thereof onappeal by the defense, shall be paid by the state in accordance with theprovisions of this section. The attorney general shall be consultedfirst in regard to the selection of the attorney for the defense andshall have approved thereof, except that the attorney general mayassume, if he or she sees fit, the responsibility for the defense ofsuch member and may conduct the same personally or by one or more assistantattorneys general. The expense of such defense shall be paid by theattorney general from moneys made available to the attorney general forsuch purpose uponvouchers approved by the attorney general and in accordance with theprovisions of appropriation acts.

      History:   L. 1968, ch. 78, § 2; L. 1976, ch. 372, § 1; L. 1977,ch. 290, § 6; July 1.