Kepple appointed to District Magistrate Judges Certification ...

FOR IMMEDIATE RELEASE

January 4, 2018

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Lisa Taylor Public Information Director [email protected]

District Magistrate Judge James Kepple

Kepple appointed to District Magistrate Judges Certification Committee

TOPEKA — District Magistrate Judge James Kepple of Riley County was appointed to the DistrictMagistrate Judges Certification Committee.

Chief Justice Lawton Nuss of the Kansas Supreme Court appointed him to fill a term ending June 30,2020, that was vacated by District Magistrate Judge Sheila Hochhauser, also of Riley County, who retiredin 2017.

Kepple serves in the 21st Judicial District, which includes Riley and Clay counties. He previously was adistrict magistrate judge in Ness County.

The committee, composed of district magistrates, oversees the certification of magistrate judges.Magistrates who are not licensed attorneys must complete a certification program overseen by theSupreme Court.

State of Kansas Office of Judicial Administration

Kansas Judicial Center 301 SW 10th

Topeka, Kansas 66612-1507 785-296-2256

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January 5, 2018

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11th Judicial District Nominating Commission to interview seven nominees forvacancy in Crawford County

TOPEKA — The 11th Judicial Nominating Commission will convene January 18, 2018, to interviewnominees to fill a district judge vacancy in Crawford County created by the December 18, 2017,retirement of Chief Judge A.J. Wachter.

The commission will convene at 9 a.m. in the Law Library of the Crawford County Judicial Center, 602 N.Locust, Pittsburg. Interviews are open to the public.

The 11th Judicial District is composed of Cherokee, Crawford, and Labette counties.

The interview schedule:

9:40 a.m.

10 a.m.

10:20 a.m.

10:40 a.m.

11 a.m.

11:20 a.m.

Steven A. Stockard, Pittsburg, who is in private practice and is assistant county attorney for Bourbon and Crawford counties

Frederick R. Smith, Farlington, who is in private practice and is Pittsburg Municipal Court judge and city attorney for Arma

John G. Mazurek, Pittsburg, who is in private practice and is city prosecutor for Pittsburg

Judge Samuel Marsh, Columbus, who is a Cherokee County district magistrate judge

break

Michael Gayoso Jr., Baxter Springs, who is county attorney for Crawford County

11:40 a.m.

Noon

Mary Jennifer Brunetti, Frontenac, who is in private practice

David S. Brake, Girard, who is in private practice

The commission will select at least three nominees whose names will be submitted to the governor to fillthe position according to statutory qualification and residency requirements. The governor has 60 daysafter receiving the names to decide whom to appoint.

Nominees for this district judge position must be:

at least 30 years old;a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years,whether as a lawyer, judge, or full-time teacher at an accredited law school; anda resident of Crawford County at the time of taking office and while holding office.

Supreme Court Justice Lee A. Johnson is the nonvoting chair of the nominating commission. Membersare District Judge Oliver K. Lynch and Charles W. Sweeton, Baxter Springs; John W. Lehman, Girard;Richard G. Tucker and James K. Cook, Parsons; and Sara S. Beezley, Pittsburg.



Topeka, Kansas 66612-1507 785-296-2256

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January 11, 2018

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Chief Justice Lawton Nuss

Chief justice to give State of Kansas Judiciary address January 17 in House chamber

TOPEKA—Kansas Supreme Court Chief Justice Lawton Nuss will deliver his 2018 State of the KansasJudiciary address to a joint session of the Legislature at 3 p.m. Wednesday, January 17, in the Housechamber of the Statehouse.

Nuss will update members of the House and Senate — as well as the public — on the current state ofKansas' court system and its role providing important services to individuals and businesses incommunities statewide.

Kansans who want to listen to the address may access a live audio stream on the Kansas Legislaturewebsite at http://kslegislature.org/li/. The link to the live audio stream is through the Audio/Video headingat the top of the Kansas Legislature home page. Listeners need to select House Proceedings AudioStream to listen to live audio.

The written version of the 2018 State of the Kansas Judiciary address will be available after January 17on the Kansas judicial branch website at www.kscourts.org under What's New.

Kansas courts – including district courts in all 105 counties, the Court of Appeals, and the Supreme Court– provide the people of Kansas a venue to resolve disputes through a legal process by interpreting andapplying the law and by determining when laws are unconstitutional. Under the people's Constitution, theKansas Supreme Court has general administrative authority over all courts in the state.



Topeka, Kansas 66612-1507 785-296-2256

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January 17, 2018

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Supreme Court announces rollout plan for statewide centralizedcase management system

TOPEKA — The Kansas Supreme Court today released its rollout plan for the judicial branch's newcentralized case management system that will allow all district and appellate case data to reside on asingle web-based platform, transforming the way the state court system serves the people of Kansas.

“Implementing statewide case management is a defining achievement for the judicial branch, whichprocesses more than 380,000 cases each year,” said Chief Justice Lawton Nuss. "We look forward tobringing the first district courts onto the platform in about 18 months and to having all courts on it withinfour years."

The judicial branch entered into an $11.5 million contract with Tyler Technologies of Plano, Texas, tocustomize and use its Odyssey Case Manager™ system. It will be paid for with docket fees earmarked bythe Kansas Legislature for the project.

Odyssey was recommended by the eCourt Steering Committee, formed in 2015 to identify keyrequirements for a centralized case management system. Justice Dan Biles serves as chair of the steeringcommittee and its members include representatives of the appellate and district courts, including justices,judges, court administrators, clerks, and information technology staff. eCourt subcommittees with widerranging representation of court personnel and members of the legal community focused on specific areassuch as infrastructure, requirements, and rules, and their findings were reported to the steering committee.

“Odyssey will integrate well with our existing electronic document filing system already in use across thestate," Biles said. "Our rollout focuses on higher volume courts first, so we move the biggest share of caseprocessing to this web-based environment early in the project. In the end, we expect to see improved courtefficiency through access to real-time case information."

The order in which district courts will be brought onto the new system is shown in the chart below. Yearone will entail customizing Odyssey to align with Kansas laws and court rules. Appellate courts – Court ofAppeals and Supreme Court – are a separate track that will take place in years three and four of theproject.

Phased rollout plan for centralized case management system

Track I (year 2)

8th Judicial District: Dickinson, Geary, Marion, and Morris counties

21st Judicial District: Clay and Riley counties

Track II (year 3)

13th Judicial District: Butler, Elk, and Greenwood counties

18th Judicial District: Sedgwick County

Track III (year 3)

3rd Judicial District: Shawnee County

4th Judicial District: Anderson, Coffey, Franklin, and Osage counties

6th Judicial District: Bourbon, Linn, and Miami counties

11th Judicial District: Cherokee, Crawford, and Labette counties

14th Judicial District: Chautauqua and Montgomery counties

19th Judicial District: Cowley County

31st Judicial District: Allen, Neosho, Wilson, and Woodson counties

Track IV (year 3)

1st Judicial District: Atchison and Leavenworth counties

2nd Judicial District: Jackson, Jefferson, Pottawatomie, and Wabaunsee counties

5th Judicial District: Chase and Lyon counties

7th Judicial District: Douglas County

29th Judicial District: Wyandotte County

Track V (year 4)

12th Judicial District: Cloud, Jewell, Lincoln, Mitchell, Republic, and Washingtoncounties

15th Judicial District: Cheyenne, Logan, Sheridan, Sherman, Rawlins, Thomas, andWallace counties

17th Judicial District: Decatur, Graham, Norton, Osborne, Phillips, and Smith counties

20th Judicial District: Barton, Ellsworth, Rice, Russell, and Stafford counties

22nd Judicial District: Brown, Doniphan, Marshall, and Nemaha counties

23rd Judicial District: Ellis, Gove, Rooks, and Trego counties

28th Judicial District: Ottawa and Saline counties

Track VI (year 4)

9th Judicial District: Harvey and McPherson counties

16th Judicial District: Clark, Comanche, Ford, Gray, Kiowa, and Meade counties

24th Judicial District: Edwards, Hodgeman, Lane, Ness, Pawnee, and Rush counties

25th Judicial District: Finney, Greeley, Hamilton, Kearny, Scott, and Wichita counties

26th Judicial District: Grant, Haskell, Morton, Seward, Stanton, and Stevens counties

27th Judicial District: Reno County

30th Judicial District: Barber, Harper, Kingman, Pratt, and Sumner counties

Installation of the centralized case management system is a key component in the Kansas SupremeCourt's eCourt plan. It will complete the conversion from local, paper-driven processes to a statewideelectronic one. It will provide attorneys, judges, and court personnel using an internet connectionimmediate access to authorized case information, details, and records from across the state. It will alsorequire the statewide standardization of many local court practices.

The primary goals of the centralized case management system implementation are to:

Improve case processing in the district and appellate courts.Increase the efficiency of information delivery to district and appellate court judges.Increase operational efficiency and effectiveness through automating certain activities andstreamlining other operations.Improve data quality and integrity.Improve performance measurement, analysis, and reporting through enhanced informationcollection, storage, retrieval, and analysis.Enable work sharing between district courts, primarily among clerks and court services officers.Maintain and improve data sharing between various governmental and public entities.Maintain and improve the ability to process electronic payments.Enable web-based sharing of public information.

The 2014 Legislature established the Electronic Filing and Case Management Fund with deposits fromdocket fees dedicated to finalizing the efiling project and implementing centralized case managementunder the Supreme Court's eCourt plan. By statute, each year through fiscal year 2019, the first $3.1million received in docket fee revenue will be deposited into that fund. In fiscal year 2020 and later years,the first $1 million in docket fee revenue is directed into the fund for things such as maintaining eCourtcomponents.

FACT SHEET: Centralized case management system rollout plan



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January 18, 2018

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Chief Judge F. William Cullins to sit with Kansas Supreme Court on January 26

TOPEKA — Chief Judge F. William Cullins of the 14th Judicial District has been appointed to sit with theKansas Supreme Court to hear oral arguments in one case on the court's January 26 docket.

After hearing oral arguments, Cullins will join Supreme Court justices in their deliberations and opiniondrafting.

“I am pleased that Judge Cullins is taking time from his duties in the 14th Judicial District to sit with theSupreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to hiscontributions deliberating this case.”

Cullins said, “I am honored and humbled by the opportunity to sit with some of the best legal minds in thecountry.”

Cullins has served as district judge in the 14th Judicial District since 2006 and chief judge since 2015. Hepresides over cases in Chautauqua and Montgomery counties.

Cullins is a native of Caney. He graduated from the University of Oklahoma College of Law. Beforebecoming a judge, he was Montgomery County attorney, Coffeyville city prosecutor, and he worked in aprivate law practice.

All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! Link in theright-hand column of the Kansas Judicial Branch website at www.kscourts.org.

The case Cullins will hear is the first one scheduled on the Supreme Court's 9 a.m. docket Friday, January26:

Appeal No. 112,556: Danny E. Beauclair v. State of Kansas Shawnee County: (Petition for Review) Beauclair pleaded no contest to multiple sex crimes. Beauclairfiled a K.S.A. 60-1507 motion alleging his innocence and a conflict of interest by his trial attorney. Withouta hearing, the district court denied Beauclair's motion as untimely because he failed to demonstrate anymanifest injustice that would exempt him from the one-year time limit for habeas corpus relief underK.S.A. 60-1507. A Court of Appeals panel affirmed. Issue on review is whether the district court properlydismissed Beauclair's K.S.A. 60-1507 motion as untimely.



Topeka, Kansas 66612-1507 785-296-2256

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January 19, 2018

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11th Judicial District Nominating Commission submits nominees for district judgevacancy in Crawford County

TOPEKA — The 11th Judicial Nominating Commission has sent the names of three nominees for districtjudge to Gov. Sam Brownback, who has 60 days to decide who will fill the vacancy created by theDecember 18, 2017, retirement of Chief Judge A.J. Wachter.

The three nominees are:

Mary Jennifer Brunetti, Frontenac, who is in private practiceJudge Samuel Joseph Marsh, Columbus, who is a Cherokee County district magistrate judgeFrederick Ray Smith, Farlington, who is in private practice and is Pittsburg Municipal Court judgeand city attorney for Arma

Nominees for district judge must be:

at least 30 years old;a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years,whether as a lawyer, judge, or full-time teacher at an accredited law school; anda resident of Crawford County at the time of taking office and while holding office.

The 11th Judicial District is composed of Cherokee, Crawford, and Labette counties.

The 11th Judicial District Nomination Commission consists of Justice Lee A. Johnson of the KansasSupreme Court as the nonvoting chair; District Judge Oliver K. Lynch and Charles W. Sweeton, BaxterSprings; John W. Lehman, Girard; Richard G. Tucker and James K. Cook, Parsons; and Sara S. Beezley,Pittsburg.



Topeka, Kansas 66612-1507 785-296-2256

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January 19, 2018

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Griffith appointed to the Municipal Court Judges Education Committee

TOPEKA — Wichita Municipal Court Judge Ted Griffith was appointed to the Municipal Court JudgesEducation Committee.

Chief Justice Lawton Nuss of the Kansas Supreme Court appointed Griffith to a term ending June 30,2019, that was vacated by Jason Geier. Geier had served as a Topeka Municipal Court judge and wasappointed a district judge for Shawnee County in 2017.

Before his appointment to the bench, Griffith was a prosecutor and assistant city attorney for Wichita anda police officer. He is a graduate of Washburn University School of Law.

The committee recommends and organizes education and training programs for municipal judges andcertifies municipal judges who are not lawyers.

Members of the committee include municipal judges, a representative of the Office of JudicialAdministration, the president and past-president of the Kansas Municipal Judges Association, and aSupreme Court justice.



Topeka, Kansas 66612-1507 785-296-2256

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January 30, 2018

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3rd Judicial District Nominating Commission seeks nominees for Shawnee County district judge

TOPEKA — The 3rd Judicial District Nominating Commission is seeking nominations to fill a district judge vacancy in Shawnee County created by the March 30 retirement of Judge Larry D. Hendricks.

The 3rd Judicial District is composed of Shawnee County.

Justice Marla J. Luckert, the Supreme Court departmental justice responsible for the 3rd Judicial District, said candidates can apply or be nominated, but nominations must come on a nomination form and include the candidate's signature.

A nominee for district judge must be:

at least 30 years old;a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years, whether as a lawyer, judge, or full-time teacher at an accredited law school;and a resident of the judicial district at the time of taking office and while holding office.

Nominations must be accompanied by a nomination form available from the clerk of the Shawnee County District Court, from the clerk of the appellate courts at the Kansas Judicial Center, on the Kansas judicial branch website at www.kscourts.org under What's New, or on the district court website atwww.shawneecourt.org.

One original and seven copies of the completed nomination form and supporting letters must be submitted by noon Friday, February 16, to:

Justice Marla J. Luckert Kansas Judicial Center 301 SW 10th Ave., Room 315 Topeka KS 66612

The nominating commission will convene to interview nominees at 9 a.m. Friday, February 23, in theShawnee County Courthouse. Interviews are open to the public.

The commission will select from three to five nominees whose names will be submitted to the governor tofill the position according to statutory qualification and residency requirements. If there are not threenominees who reside in the district who are deemed qualified by the commission, the commission mayconsider nominees who reside outside the judicial district. The governor has 60 days after receiving thenames to decide whom to appoint.

The 3rd Judicial District Nominating Commission consists of Luckert as the nonvoting chair; Terry E.Beck, Daniel W. Crow, Thomas G. Lemon, Jolene C. Miller, and W. Eric Stafford, all of Topeka; and TobyL. McCullough of Rossville.



Topeka, Kansas 66612-1507 785-296-2256

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January 30, 2018

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District Judge Larry D. Hendricks Shawnee County District Court

District Judge Larry D. Hendricks to retire in March

TOPEKA — Shawnee County District Judge Larry D. Hendricks will retire in March after 11 years on thebench and a 25-year career as a lawyer.

His retirement is effective March 30.

Serving as a district judge was "a rewarding job," Hendricks said. "It was very interesting. There issomething new every day. I've certainly had some interesting cases."

Serving as a judge, however, is isolating, he said.

"A new judge doesn't realize how you are going to be isolated, not only the lawyers you knew but fromeverybody," he said. A judge must be impartial and, therefore, can't appear to be influenced by anyone hemight see in court or who might have opinions in a case, he explained.

A Great Bend native, he was appointed to the court in November 2006 and began work in February 2007.His private practice career had culminated with him as a partner in the Topeka firm of Stumbo, Hanson,and Hendricks. He also had served as city attorney for Alma, Auburn, Lecompton, and Perry.

He earned a bachelor's degree from Kansas State University, a master's degree from the University ofNorthern Colorado, and a law degree from Washburn University School of Law. He served eight years inthe U.S. Air Force.

Hendricks said traveling will be among his retirement plans. In particular, he and his wife, Beckie, will begoing to Hawaii in April for the marriage of their son Logan and his fiancée, Jenny. They also have a sonLee, and he and his wife, Cara, have two sons, Will and Wyatt.

In addition to traveling and "enjoying life," Hendricks said he will consider working part-time as a mediatorin legal cases.



Topeka, Kansas 66612-1507 785-296-2256

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February 2, 2018

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The Kansas Supreme Court: seated, from left, Justice Marla J. Luckert, Chief Justice Lawton R. Nuss,and Justice Car ol A. Beier; standing, Justice Dan Biles, Justice Eric S. Rosen, Justice Lee A. Johnson,

and Justice Caleb Stegall.

Supreme Court to conduct special evening session in Colby

TOPEKA — The Kansas Supreme Court will conduct a special evening session April 9 at Colby High School in Colby as part of its ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

The court will be in session from 6:30 p.m. to about 8 p.m. Monday, April 9, in the auditorium at Colby High School, 1890 S. Franklin Ave.

It will be the Supreme Court’s first visit to Colby in the court’s 157-year history, and it will be only the eighth time that the court will hear cases in the evening.

The public is invited to attend the special session to observe the court as it hears oral arguments in two cases to be announced soon. After the hearing concludes, the justices will greet the public in an informal reception in the commons area adjacent to the auditorium.

“Community visits are a great way for the people of Kansas to get to know us — to see who we are, what we do, how we do it — and to learn about the judiciary’s role in our society,” said Chief Justice Lawton Nuss. “We encourage anyone who’s ever been curious about Supreme Court proceedings to come. We continue to provide live webcasts of all our courtroom sessions in the Kansas Judicial Center in Topeka, but people tell us there’s nothing like seeing proceedings in person.”

The Supreme Court has conducted several special sessions outside its Topeka courtroom since 2011, when it marked the state's 150th anniversary by convening in the historic Supreme Court courtroom in the Kansas Statehouse. From there, and through the end of 2011, the court conducted special sessions in Salina, Greensburg, and Wichita. Since then, the court has had sessions in Garden City, Hays, Hiawatha, Hutchinson, Kansas City, Overland Park, Pittsburg, Topeka, Winfield, and Emporia.

The court started conducting evening sessions when it visited Hays in April 2015. That event at Fort Hays State University drew a crowd of nearly 700 people. Subsequent evening sessions have also drawn crowds numbering in the hundreds.

Details about the court's visit to Colby are available by following a link on the court's website atwww.kscourts.org under What's New.



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February 7, 2018

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Kansas Supreme Court observes National Court Reporting and Captioning WeekFebruary 10-17

TOPEKA — The Kansas Supreme Court issued a proclamation today recognizing February 10 through 17 as National Court Reporting and Captioning Week and encouraged all Kansans to join the state court system in its observance of the week.

"In ancient Egypt, scribes were considered the literate elite, recording laws and other important documents," said Chief Justice Lawton Nuss. "Since that time, scribes have served as impartial witnesses to history, including when America's founding fathers drafted the Declaration of Independence and Bill of Rights."

Today, court reporters and captioners are present in Congress, preserving members' words and actions, and in courtrooms nationwide.

They are also responsible for closed captioning on television, at sporting events, and in other community and educational settings, bringing information to millions of deaf and hard-of-hearing people every day.

"Court reporters and captioners, like their scribe predecessors, play an important role in capturing and preserving court proceedings and in preserving our nation's history," Nuss said. "They truly are guardians of the record, and I invite my fellow Kansans to join with me to recognize their important contributions."

Danielle Murray, an official court reporter for Johnson County District Court and president of the Kansas Court Reporters Association, said she hopes the proclamation helps publicize the need for more court reporters and captioners.

"Court reporters play a vital role in our system of justice in the state of Kansas, and we are experiencing a shortage of qualified court reporters in our state," she said. "We have many unfilled positions, and it is our hope that this week will bring awareness to the profession and help get students into our court reporting schools and eventually fill our positions."

For more information about the organization, go to www.kcra.net.



Topeka, Kansas 66612-1507 785-296-2256

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February 9, 2018

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Judge Anthony J. Powell Judge Henry W. GreenJr.

Judge Daniel Hebert

Kansas Court of Appeals to hear oral arguments at Wichita Northeast MagnetHigh School

TOPEKA — A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, February 13, at Wichita Northeast Magnet High School at 5550 N. Lycee St. in Bel Aire.

Judge Anthony J. Powell, Judge Henry W. Green Jr. and Senior Judge Daniel Hebert will hear oralarguments in six cases. Four will be heard starting at 9 a.m. with the remaining two starting at 1 p.m.

After each docket session, the judges will be available to answer questions from the public about the courtand court procedures.

Powell, who is presiding judge of the panel, said the court was invited to the school because its curriculumfocuses on law and public service in addition to visual arts, science, and engineering.

"We are very pleased to be sitting at the Wichita Northeast Magnet High School this month," Powell said. "Iwant to thank Principal Matt Creasman, as well as the staff and faculty at Northeast High, for making thisspecial docket possible. We look forward to having the opportunity to visit with students and others aboutthe work of our court and the role of the judiciary in our system of government."

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and the judges willhave a chance to ask questions. The court will then take each case under consideration and will issue awritten decision at a later date, usually within 60 days.

There are 14 judges on the Court of Appeals, and the judges sit in three-judge panels to decide cases. Inaddition to the Court of Appeals panel hearing cases this week in Bel Aire, other three-judge panels of theCourt of Appeals will be hearing cases in Kansas City, Kan., and Topeka. All hearings are open to thepublic.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 in which thecourt issued a formal written opinion.

The six cases to be heard at Wichita Northeast are summarized below. They arise from Finney, Ford,Geary, Seward, and Sumner counties.

9 a.m. Tuesday, February 13, 2018

Appeal No. 117,984: Loretta Bachan v. Armour Swift Eckrich Meats, LLC and Safety NationalCasualty Corporation

Bachan fell and fractured her right hip while working at Armour Eckrich in July 2013. Bachan receivedimmediate medical care and underwent a successful hip surgery before returning to work in November2013. Bachan continued to experience pain due to her hip injury, however, and eventually stoppedreporting to work in February 2014. Several months later, Bachan had a second hip surgery and filed aworker's compensation claim. Although the administrative law judge granted Bachan a worker'scompensation award, he denied her an award for work disability because he found that she voluntarilyresigned or terminated her position at Armour Eckrich when she decided to stop reporting to work. Bachanappealed to the Kansas Workers Compensation Appeals Board, which affirmed the administrative lawjudge's decision. Bachan appeals.

Appeal No. 117,297: State of Kansas v. Angel Rodriguez (originating in Seward County)

Rodriguez and the State entered into a plea agreement where Rodriguez agreed to plead guilty to sexualexploitation of a child in exchange for the State recommending that he serve the standard presumptiveprison sentence. At sentencing, however, the State recommended that the court impose the aggravated

presumptive prison sentence. This prison sentence is longer than the standard presumptive prisonsentence. The district court followed the State's recommendation, ordering that Rodriguez serve theaggravated presumptive prison sentence. Rodriguez appeals, arguing that the State violated his pleaagreement. He also argues that his sentence is illegal because when the court calculated his criminalhistory score, the district court classified his prior New Jersey conviction for assault with intent to rape as aperson felony instead of a nonperson misdemeanor.

Appeal No. 116,705: John Paul Holland v. State of Kansas (originating in Ford County)

Holland appeals the district court's dismissal of his K.S.A. 60-1507 motion. At Holland's trial during jurydeliberations, the jury asked for an audio recording of an alleged drug transaction between Holland and anundercover officer to be replayed. Holland was not present when the district court judge discussed theprocedure of how the recording would be replayed for the jury. This procedure consisted of the officer whowas on the recording coming into the courtroom, pressing play on the audio equipment, and then exitingthe courtroom while the recording played. This officer was to stand outside of the courtroom, and if the juryneeded the recording rewound, then a member of the jury was to signal to the officer to re-enter thecourtroom. The jury was also to signal when it was done with the recording and ready for it to be turned off.No one other than the jury and the officer were to be present in the courtroom. In Holland's 60-1507motion, he argues that his trial counsel was ineffective by failing to ensure Holland's presence at a criticalstage of the proceeding and failing to object to this audio recording playback procedure. The district courtsummarily denied Holland's motion without an evidentiary hearing. Holland now appeals.

Appeal No. 116,448: State of Kansas v. Joseph A. Arellano (originating in Finney County)

Arellano was stopped after a Kansas Highway Patrol trooper observed him commit driving infractions. Hisfield sobriety tests showed several indicators of intoxication, and he made statements implying that he hadbeen drinking and believed he was over the legal limit, but he declined to take a breath test. The Statecharged him with one count of driving under the influence and various traffic violations. Before trial,Arellano submitted a motion to suppress evidence and a motion in limine asking the court not to admitevidence of his breath test refusal. The district court denied his motions, and the evidence was presentedat trial. A jury convicted Arellano of driving under the influence, improper turn, and refusal to take a breathtest as a traffic infraction. Arellano appeals.

1 p.m. Tuesday, February 13, 2018

Appeal No. 115,587: In the Matter of the Equalization Appeal of Kansas Star Casino, L.L.C. for theYear 2013 in Sumner County, Kansas

Kansas Star Casino, L.L.C., appeals from the ruling by the district court that established a 2013 valuationfor ad valorem tax purposes of $152 million for its real property located in Sumner County. The subjectproperty is a 195.5-acre tract of land located in the northeast corner of Sumner County, with a newlyconstructed 165,000-square-foot casino and a 6,200-seat multipurpose arena. The property is usedprimarily for casino operations. The relevant valuation date is January 1, 2013. Kansas Star argues that 1)the district court's cost approach to value contains numerous errors; and 2) the district court erred inrejecting Kansas Star's expert witness' income approach to value.

Appeal No. 116,421: In the Matter of the Equalization Appeal of Kansas Star Casino, L.L.C. for theYear 2014 in Sumner County, Kansas

Kansas Star Casino, L.L.C., appeals from the ruling by the Board of Tax Appeals that established a 2014valuation for ad valorem tax purposes of $97.6 million for its real property located in Sumner County. Therelevant valuation date is January 1, 2014. The subject property is a 195.5-acre tract of land located in thenortheast corner of Sumner County, with a newly constructed 165,000-square-foot casino and a 6,200-seatmultipurpose arena. The property is used primarily for casino operations, but a farm lease was signed for63.5 acres just prior to the valuation date. Kansas Star complains that BOTA erred 1) by classifying all195.5 acres as commercial property; 2) by excluding its expert's cost approach appraisal; and 3) byrejecting both experts' appraisals and applying its own income approach. The County filed a cross-petitionfor review, arguing 1) BOTA's decision to reject the County's cost approach is not supported by the recordand is unreasonable, arbitrary, and capricious; and 2) BOTA's income allocation approach analysis is notsupported by the record and is unreasonable, arbitrary, and capricious.

Note: Reporters who want to cover the oral arguments using video, photo, or audio recording devices, as spelled out in Supreme Court Rule 1001, should contact Lisa Taylor at [email protected], no later than noon Monday, February 12.



Topeka, Kansas 66612-1507 785-296-2256

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3rd Judicial District Nominating Commission to interview nominees for Shawnee County district judge vacancy.


February 16, 2018

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3rd Judicial District Nominating Commission to interview nominees for districtjudge vacancy

TOPEKA — The 3rd Judicial District Nominating Commission will convene at 9 a.m. Friday, February 23,at the Shawnee County District Court courthouse, to interview nominees to fill a district judge vacancycreated by the March 31 retirement of Judge Larry D. Hendricks.


Interviews are open to the public.

The nominees are scheduled to be interviewed as follows:

9 a.m. Jessica Domme9:15 a.m. Darian Dernovish 9:30 a.m. Steven Roth 9:45 a.m. Cheryl Whelan

10 a.m. Kelly Trussell

10:15 a.m. break

10:30 a.m. Brett Berry10:45 a.m. Mark Dodd

11 a.m. Thomas Luedke11:15 a.m. David Steed11:30 a.m. Dennis Jones

11:45 a.m. lunch break

12:15 p.m. Richard Billings12:30 p.m. Jennifer Martin Smith12:45 p.m. Jay Befort

1 p.m. John-Paul Washburn



at least 30 years old;a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years,whether as a lawyer, judge, or full-time teacher at an accredited law school; anda resident of the judicial district at the time of taking office and while holding office.




Topeka, Kansas 66612-1507 785-296-2256

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February 26, 2018

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3rd Judicial District Nominating Commission submits nominees for district judge vacancy in Shawnee County

TOPEKA — The 3rd Judicial District Nominating Commission has sent the names of three nominees for district judge to Gov. Jeff Colyer, who has 60 days to decide who will fill the vacancy created by the March 31, 2018, retirement of Judge Larry D. Hendricks.



Thomas G. Luedke, a partner at Bennett, Hendrix, and Luedke of Topeka.

Steven M. Roth, Topeka, an administrative law judge for the Kansas Department of Labor.

Kelly J. Trussell, Topeka, an attorney with Sloan, Eisenbarth, Glassman, McEntire, and Jarboe ofTopeka and a judge pro tem for Shawnee County District Court.

Nominees for district judge position must be:

at least 30 years old;

a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years,whether as a lawyer, judge, or full-time teacher at an accredited law school; and

a resident of Shawnee County at the time of taking office and while holding office.

The 3rd Judicial Nominating Commission consists of Justice Marla J. Luckert of the Kansas SupremeCourt as the nonvoting chair; Terry E. Beck, Daniel W. Crow, Thomas G. Lemon, Jolene C. Miller, and W.Eric Stafford, all of Topeka; and Toby L. McCullough of Rossville.



Topeka, Kansas 66612-1507 785-296-2256

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March 1, 2018

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Chief Judge Peggy Carr Kittel

Chief Judge Peggy Carr Kittel to sit with Kansas Supreme Court on March 6

TOPEKA — Chief Judge Peggy Carr Kittel of the 7th Judicial District has been appointed to sit with theKansas Supreme Court to hear oral arguments in one case on the court's March 6 docket.

After hearing oral arguments, Kittel will join Supreme Court justices in their deliberations and decisiondrafting.

“I am pleased that Chief Judge Kittel is taking time from her duties in the 7th Judicial District to sit with the

Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to her contributions in deliberating and eventually deciding this case.”

Kittel said, “It is my honor to be selected to sit with the Supreme Court. I look forward to serving the people of Kansas in this capacity.”

Kittel, a lifelong Kansan, is originally from Prairie Village. She graduated from the University of Kansas with a business administration degree in 1980 and received her law degree from the KU School of Law in 1983.

She was assistant district attorney in Wyandotte County from 1983 to 1990 and prosecutor for the city of Olathe in 1987. She then was an assistant district attorney in Douglas County from 1990 to 1996.

After practicing law privately from 1996 to 2001, she was named a fulltime pro tem district magistrate judge for the 7th Judicial District, which is composed of Douglas County. She was appointed a Douglas County district judge in April 2008 and named chief judge of the 7th Judicial District in September 2016.

All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! Link in the right-hand column of the Kansas Judicial Branch website at www.kscourts.org.

The case Kittel will hear is the third one scheduled on the Supreme Court's 9 a.m. docket Tuesday, March 6:

Appeal No. 118,527: In the matter of Linda S. Trigg Original Proceeding Related to Judicial Discipline: Before she retired, Trigg was a district magistrate judge in Johnson County. The complaint against her alleges that her conduct at a hearing and her disposing of the matter without any legitimate inquiry into the allegations violated multiple canons of the Kansas Code of Judicial Conduct. Trigg failed to respond to a complaint, failed to respond to the order of cease and desist filed by the Commission on Judicial Qualifications, and failed to cooperate in the investigation.



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March 1, 2018

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Chief Justice Lawton Nuss of the Kansas Supreme Court, seated second from right, received an awardfrom the Kansas City area chapters of the Sons of the American Revolution.

Chief justice receives award from Sons of the American Revolution chapters

TOPEKA — Chief Justice Lawton Nuss of the Kansas Supreme Court received the Silver GoodCitizenship Medal from the Kansas City Area Chapters of the National Society of the Sons of theAmerican Revolution during the group's 32nd annual George Washington Birthday Celebration.

Nuss also was the guest speaker at the February 24 celebration at the Ritz Charles in Overland Park.

The gathering included Sons of the American Revolution chapters in Leavenworth, Overland Park, andShawnee in Kansas and Independence, Liberty, South Kansas City, and Warrensburg in Missouri.

Using examples, Nuss spoke of the importance of oaths of office throughout history. Notably, since 1868,all officers elected or appointed under any law of the state of Kansas have been required to take an oathto support the United States and Kansas constitutions, he told his audience.

Nuss observed the connection between the oaths taken by judges, their devotion to justice, and PresidentWashington, who declared, "The administration of justice is the firmest pillar of government."



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March 2, 2018

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Chief Judge Taylor J. Wine

Taylor J. Wine appointed chief judge of 4th Judicial District

TOPEKA — Chief Justice Lawton R. Nuss announced today the Supreme Court has appointed JudgeTaylor J. Wine as chief judge of the 4th Judicial District, effective through December 31, 2019.

Wine was appointed a district judge in January to succeed Judge Phillip Fromme, who retired. Frommehad served as chief judge of the 4th Judicial District, composed of Anderson, Coffey, Franklin, and Osagecounties, since 2003.

"Judge Wine was a very capable leader in the Kansas District Magistrate Judges Association. TheSupreme Court looks forward to his bringing that same leadership ability to the position of chief judge ofthe 4th Judicial District," said Nuss.

Wine received the Lee Nusser Award for Outstanding Magistrate Judge of 2017 from KDMJA. He servedseveral terms as first vice president of the organization.

"I am honored the members of the Supreme Court entrusted me with this role. Serving as a judge in ourdistrict for the last six years has been a rewarding experience. I look forward to continuing to serve theresidents of the 4th Judicial District alongside our other judges and employees. We intend to provide thelitigants in our courts the fairness and dignity they deserve," Wine said.

Wine served as a district magistrate judge in Osage County from 2011 until his appointment as districtjudge. A native of Madison in Greenwood County, he earned a law degree from Southern MethodistUniversity Dedman School of Law after graduating from Pittsburg State University. He was in privatepractice until being appointed to the bench as a magistrate.

Each of Kansas' 31 judicial districts has a chief judge who, in addition to his or her judicial responsibilities,has general control over case assignments within the district, as well as general supervisory authorityover the administrative and clerical functions of the court.



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March 5, 2018

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Supreme Court announces cases for April 9 special session at Colby High School

TOPEKA — The Kansas Supreme Court announced the two cases it will hear in a special sessionMonday, April 9, at Colby High School, the next destination in the court's ongoing outreach to familiarizeKansans with the high court, its work, and the overall role of the Kansas judiciary.

The court will be in session from 6:30 p.m. to about 8 p.m. CDT in the Colby High School Auditorium,1890 S. Franklin Ave., Colby.

After the session concludes, the justices will greet the public in an informal reception in the commons area outside the auditorium.

“The Supreme Court extends a personal invitation to the people of Colby and surrounding communities to come see your state's highest court in action,” said Chief Justice Lawton Nuss. “It’s a much more personal experience than watching the online broadcasts we’ve provided of all our court sessions since 2012. Plus, we get the pleasure of visiting with you afterward.”

The April 9 docket includes the following cases:

Appeal No. 112,573: State of Kansas (plaintiff – appellee) v. Daniel Barlett (defendant – appellant) Barlett’s cousin shot and killed Chad Ford. Barlett was charged with aiding and abetting a felony murder and criminal discharge of a firearm. A Wyandotte County District Court jury convicted Barlett of the latter offense. Barlett later pleaded guilty to voluntary manslaughter. The Court of Appeals affirmed the convictions. Issues center on whether various jury instructions were proper, the district court’s refusal to declare a mistrial, and whether Barlett received a fair trial.

Appeal No. 115,434: LCL LLC (plaintiffs) v. James W. Falen, in his capacity as sole trustee of the James W. Falen Living Trust U/A dated April 30, 2007; Julie D. Falen; Gregory A. Falen; and Maryl M. Wesolowski (defendants/third-party plaintiffs – appellants) v. Rice County Abstract and Title Co. Inc. (third-party defendants – appellee) The Falens sold real estate in 2008 but retained the mineral interests. The contract reflected the retained interest, but the deed did not. When the property was sold in 2014 to LCL, the deed again did not reflect mineral rights ownership. When it was discovered, Rice County Abstract and Title asked LCL to deed the mineral rights to the Falens. Instead, LCL claimed ownership. The Falens sued RCAT for breach of implied contract and fiduciary duty. Rice County District Court ruled for RCAT because the statute of limitations had expired. The Court of Appeals ruled the Falens could pursue claims of negligence and breach of fiduciary duty but not breach of implied contract. Issues focus on the application of the statutes of limitations.

Summaries of the cases and briefs filed by the attorneys involved are available online by following the Colby Special Session link under What’s New on the Kansas judicial branch website at www.kscourts.org.

Anyone who wants to attend the special session should plan to arrive early to allow time to get through security screening. The doors open at 6 p.m. CDT. Court security offers these guidelines to ease the process:

Do not bring food or drink.

Do not bring large bags, large purses, backpacks, computer cases, or briefcases.

Do not bring knives, pepper spray, firearms, or weapons.

Do not bring electronic devices like laptop computers, handheld games, personal digital assistants,or tablets. If you must carry a cell phone, turn it off and store it out of sight while court is in session.

Audience members are prohibited from talking during oral arguments because it interferes with the attorneys’ remarks and questions asked by the justices. If someone arrives after proceedings start, or must leave the auditorium before it ends, he or she should be as quiet as possible entering and exiting the auditorium. Talking immediately outside the auditorium is also discouraged.

The special session will also be broadcast live over the Internet. The livestream may be accessed selecting the Watch Supreme Court Live! link on the judicial branch home page at www.kscourts.org.

Colby is the court’s 15th destination since 2011, when it first convened outside of the Kansas Judicial Center to mark the state 150th anniversary.

Stops in 2011 included the historic Supreme Court courtroom in the Capitol, and locations in Salina, Greensburg, and Wichita. The court visited Overland Park in 2012; Pittsburg in 2013; Kansas City in

2014; Hays and Garden City in 2015; Topeka, Hiawatha, and Hutchinson in 2016; and Winfield andEmporia in 2017.

The court started conducting evening sessions when it visited Fort Hays State University in April 2015.That event drew a crowd of nearly 700 people. Subsequent evening sessions have also drawn crowdsnumbering in the hundreds.



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March 13, 2018

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Anne McDonald, left, and Chief Judge Karen Arnold-Burger of the Kansas Court of Appeals. (Photocourtesy Johnson County Bar Association)

Anne McDonald receives Johnson County Bar Association’s 2018 Justinian Awardfor Professional Excellence

TOPEKA — Anne McDonald, executive director of the Kansas Lawyers Assistance Program, received theJohnson County Bar Association’s Justinian Award at its annual conference March 7.

The Justinian Award is the premier award for members of the Johnson County Bar Association and ispresented annually to attorneys who have exemplified integrity; service to the community; service to thelegal profession; and warmth, friendliness, and camaraderie.

Chief Judge Karen Arnold-Burger of the Kansas Court of Appeals presented the bar award to McDonald.She told conference attendees that McDonald had demonstrated those qualities in particular through herwork with KALAP, which the Kansas Supreme Court created in 2001 to help lawyers seek treatment forphysical or mental illness, substance abuse, or emotional distress. McDonald was appointed to KALAP'sfirst board, then became its executive director in 2009.

McDonald, who lives in Kansas City, Kansas, is a 1982 graduate of the University of Kansas School ofLaw. She practiced law for three years before being appointed a court trustee for the 29th Judicial District,which is composed of Wyandotte County. She retired from that post in 2006. She also has served as ajudge pro tem in the 29th Judicial District and has presented continuing legal education courses on childsupport and lawyer assistance projects statewide.



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March 19, 2018

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4th Judicial District Nominating Commission seeks nominees for Osage Countydistrict magistrate judge

TOPEKA — The 4th Judicial District Nominating Commission is seeking nominations to fill a districtmagistrate judge vacancy in Osage County.

The former district magistrate judge, Taylor J. Wine, was appointed district judge and chief judge of the4th Judicial District, which is composed of Anderson, Coffey, Franklin, and Osage counties.

Justice Eric S. Rosen, the Supreme Court departmental justice responsible for the 4th Judicial District,said nominees can apply or be nominated, but it must be on a nomination form and include the nominee'ssignature.

A nominee for district magistrate judge must be:

a graduate of a high school, a secondary school, or the equivalent;

a resident of Osage County at the time of taking office and while holding office; and

either a lawyer admitted to practice in Kansas, or able to pass an examination given by the SupremeCourt and to become certified within 18 months.

Nominations must be accompanied by a nomination form available from the clerk of the district court in Anderson, Coffey, Franklin, or Osage counties; the clerk of the appellate courts at the Kansas Judicial Center; or the Kansas judicial branch website at www.kscourts.org under What's New.

One original and nine copies of the completed nomination form and supporting letters must be submitted by noon Friday, April 20, to:

Janet C. Walsh, commission secretary 704 Topeka Ave. Lyndon KS 66451

The nominating commission will convene to interview nominees at 9 a.m. Wednesday, May 9, in theOsage County Courthouse, 717 Topeka Ave., Lyndon. Interviews are open to the public. The commissionwill then appoint a district magistrate judge. After serving one year in office, the new magistrate judgemust stand for a retention vote in the next general election to remain in the position. If retained, theincumbent will serve a four-year term.

The 4th Judicial District Nominating Commission consists of Rosen as the nonvoting chair; Walsh, thecommission secretary, Lyndon; James R. Campbell and Jim H. Dale, Burlington; Craig E. Cole, Garnett;Thomas B. DeBaun, Osage City; John A. Holmes and Forrest A. Lowry, Ottawa; and Eugene E.Highberger, Westphalia.



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March 26, 2018 Contact:


Senior Judge Jack Burr

Longtime judge to serve as honorary bailiff for Kansas Supreme Court

TOPEKA — Judge Jack Burr has overseen countless trials in his 40 years on the bench, but he will bedoing something new when the Kansas Supreme Court comes to Colby.

Burr was selected to be the honorary bailiff at the special session of the Supreme Court, which starts at6:30 p.m. CDT April 9 in the Colby High School Auditorium.

"That's one thing I haven't done," he said.

As a judge, he relied on a bailiff to call the court session to order and announce the docket. This time, thatwill be his task before the seven justices of the Supreme Court and a sizable audience.

In nominating him for the honor, Chief Judge Kevin Berens of the 15th Judicial District said, "Judge Burrhas devoted 40 years to the judicial branch as a district judge and a senior district judge. The districtjudges felt having him serve as honorary bailiff was a good way to thank him for his service.”

The honor couldn't happen to a nicer person, said District Magistrate Judge Paula Keller of St. Francis.

Keller worked with Burr as his court reporter for 28 years.

"Everyone who worked for him would say the same thing: 'He was such a pleasure to work with,' " shesaid.

It was watching him on the bench that inspired her to file for election as a district magistrate judge. Shewas elected in November 2016.

"He was a good person to learn from," she said.

Burr, who lives in Goodland, is well-known in the 15th Judicial District, which is composed of sevencounties in the northwest corner of the state — Cheyenne, Logan, Rawlins, Sheridan, Sherman, Thomas,and Wallace.

He was appointed a judge in 1978 after practicing law for about eight years in Goodland.

Born in Toronto, Kansas — located in the southeast part of the state — Burr grew up in Wichita,graduated from Wichita State University, and earned a law degree from Washburn University in 1970.

"We went to Goodland because I was offered a job," he said. "My wife, Sandy — who also was fromWichita — and I wanted to go to a smaller town. She taught school here, and we raised our family."

After serving 30 years as a local judge, he received senior judge status, which made him available toserve on an as-needed basis in courts across the state.

"I've served on Court of Appeals panels several times, as well as sitting with the Supreme Court to hearoral arguments," he said. "I've been all over the state as a senior judge. I enjoy getting out and seeinghow other people do things, meeting people, and seeing new courthouses. And it's easier deciding a caseelsewhere than it is in your hometown."

His wife has retired from teaching, and he said that in June, he will retire, as well.

"We've been married 50 years, and I decided it was time to hang it up and try something else. We travel alot and go to see the grandkids," he said.

They have two daughters — Krista Hamilton, who lives in Colby, and Kelli Carney, who lives in Gardner —and five grandchildren.

Burr said he was honored to serve as bailiff for the special session in Colby and has been honored toserve as a judge.

"Serving on the bench has really reinforced my faith in the judicial system," he said. "It's not perfect, but itserves us pretty well. It's been an honor to be a part of it."

This will be the Supreme Court's first visit to Colby and the eighth time it has held a special eveningsession, designed to allow more of the public to witness the court in action.

The court will be in session from 6:30 to about 8 p.m. CDT. Doors will open at 6 p.m. CDT. Following the

session, during which the court will hear oral arguments in two appeals, the justices will meet with the public during an informal gathering in the commons area outside the auditorium.

For more information about the special session, go to kscourts.org and choose the "Colby Special Session" link under What's New.



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April 5, 2018

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3rd Judicial District Nominating Commission seeks nominees for Shawnee County district judge vacancy

TOPEKA—The 3rd Judicial District Nominating Commission is seeking nominations to fill a district judge vacancy in Shawnee County created by the July 31 retirement of Judge Joseph D. Johnson.


Justice Marla J. Luckert, the Supreme Court departmental justice responsible for the 3rd Judicial District, said candidates can apply or be nominated, but nominations must come on a nomination form and include the nominee's signature.



a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years, whether as a lawyer, judge, or full-time teacher at an accredited law school;

and a resident of the judicial district at the time of taking office and while holding office.

Nominations must be accompanied by a nomination form available from the clerk of the Shawnee County District Court, from the clerk of the appellate courts at the Kansas Judicial Center, on the Kansas judicial branch website at www.kscourts.org under What's New, or on the district court website atwww.shawneecourt.org.

One original and seven copies of the completed nomination form and supporting letters must be submitted by noon Friday, May 4, to:

Justice Marla J. Luckert Kansas Judicial Center 301 SW 10th Ave., Room 315 Topeka KS 66612

The nominating commission will convene to interview nominees at 9 a.m. Thursday, May 17, in theShawnee County Courthouse. Interviews are open to the public.





Topeka, Kansas 66612-1507 785-296-2256

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Kansas Supreme Court seeks parent representative to serve on Child Support Guidelines Committee


April 6, 2018

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Kansas Supreme Court seeks parent representative to serve on Child SupportGuidelines Committee

TOPEKA—The Kansas Supreme Court is seeking a parent who pays child support to serve on anadvisory committee that reviews Kansas child support guidelines used to tailor child support obligations tomeet families' needs.

The volunteer selected to fill the position will be a voting member of the committee and will serve a four-year term. He or she will be eligible for travel reimbursement to attend meetings, and reimbursement willbe calculated at the same rate as for state employees.

To be considered for the committee position, individuals must complete an online application athttps://www.surveymonkey.com/r/csgparentapp.

Applications will be accepted until April 30, 2018.

The 13-member Kansas Child Support Guidelines Advisory Committee includes parents who either pay orreceive child support, and attorneys, judges, and tax professionals with expertise in child support. Thecommittee:

reviews the general rules governing how child support is established;evaluates the economic basis of the guidelines; andanalyzes how courts may use adjustments to tailor child support obligations to meet the needs offamilies.

The committee identifies whether updates to the Kansas Child Support Guidelines are needed and itmakes those recommendations to the Kansas Supreme Court.

The child support guidelines are reviewed every four years to ensure that the roughly $35 million mothers

and fathers pay in support each month is equitable for the parents and appropriate for the day-to-dayessential needs of the children they support.

Questions about the application or the child support guidelines review may be sent [email protected].



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April 6, 2018

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District Judge Joseph D. Johnson, Shawnee County District Court

Shawnee County District Court Judge Joseph D. Johnson to retire

TOPEKA—Shawnee County District Court Judge Joseph D. Johnson will retire July 31 after 13 years onthe bench.

Johnson is a graduate of Winston-Salem State University in North Carolina and the University of KansasSchool of Law. He began work in the Topeka public defender's office in 1975, then opened his private

practice two years later, focusing primarily on criminal defense. He was in private practice for 28 yearsbefore his 2005 appointment to the bench in the 3rd Judicial District by Gov. Kathleen Sebelius. He wasthe first African-American judge in the history of the judicial district, which is composed of ShawneeCounty.

Johnson said he has seen small steps of progress in the Kansas judicial ranks when it comes to diversity.With his retirement, he said, "Kansas will have only three African-American district court judges and oneserving on the Kansas Court of Appeals."

In addition to his judicial duties, Johnson teaches at the National Criminal Defense College at the MercerUniversity School of Law in Macon, Ga.; the Trial Advocacy Institute at the University of Wyoming Schoolof Law in Laramie; and the Intensive Trial Advocacy Program at Yeshiva University Cardoza School ofLaw in New York. He holds memberships in the National and State Criminal Defense LawyersAssociations, the American College of trial Lawyers, and the American Board of Criminal Lawyers.

After more than a decade of serving as a judge, Johnson said at times the responsibility of the office isoverwhelming.

“When I was in practice, my viewpoint was primarily from the person I was representing,” he said.“Sometimes I felt the court was taking the easy way out. After taking the bench, it became clear to me thatmaking the right decision was overwhelming. It’s very difficult to assess what the judge has to go through.From that standpoint, it was quite humbling. There was a lot more to it than I thought."

Johnson said he appreciates the trust and support extended to him by the residents of Shawnee Countyand hopes his service lived up to their expectations.

In retirement, Johnson said he plans to continue lecturing and teaching and to play golf in each of the 50states.

Johnson and his wife have two children, three grandsons, and two granddaughters.



Topeka, Kansas 66612-1507 785-296-2256

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April 11, 2018

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Judge G. Gordon Atcheson Judge G. Joseph Pierr on Jr. Judge Melissa TaylorStandridge

Kansas Court of Appeals to hear oral arguments at the University of Kansas in Lawrence

TOPEKA — A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, April 17, at theUniversity of Kansas School of Law.

The panel will meet in Green Hall, Room 201, 1535 W. 15th St., Lawrence.

Judge G. Gordon Atcheson will be joined by Judges G. Joseph Pierron Jr. and Melissa Taylor Standridge to hearoral arguments in five cases. Three cases will be heard starting at 9:30 a.m. with the remaining two starting at 1:30p.m.

After each docket session, the judges will be available to answer questions from the public about the court andcourt procedures.

Following the arguments Tuesday afternoon, the panel also will judge the finals of the intraschool moot courtcompetition, in which teams of second-year law students brief and argue a hypothetical legal case. This year'scase deals with questions about constitutional protections for free speech and against unreasonable governmentsearches on which courts across the country have disagreed.

Atcheson, the presiding judge for the panel, said, "The Court of Appeals judges always welcome invitations to hearcases at either of the state's law schools."

"It is great opportunity for us to visit with the students and faculty, and students get to see lawyers in action arguingactual cases," he said. "I especially enjoy returning to Green Hall with the court of appeals, since I studied law inthe building."

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and the judges will have achance to ask questions. The court will then take each case under consideration and will issue a written decisionat a later date, usually within 60 days.

There are 14 judges on the Court of Appeals, and they sit in panels of three to decide cases. In addition to thepanel hearing cases this week in Lawrence, other panels will hear cases at Newman University, Wichita;Washburn University School of Law, Topeka; and Johnson County Community College, Overland Park. Allhearings are open to the public.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 in which the courtissued a formal written opinion.

The five cases to be heard at KU are summarized below. They originate from Brown, Douglas, Johnson, andShawnee counties.

9:30 a.m. Tuesday, April 17

Appeal No. 117,973: Brian Russell, et al. v. Treanor Investments LLC and 8th & New Hampshire LLC(Originating in Douglas County)

Russell and others own condominiums in downtown Lawrence. They contend an operating and easementagreement requires their approval for changes in certain commercial development on the block. TreanorInvestments and 8th & New Hampshire wish to expand a commercial building over the plaintiffs' objections. Thedistrict court ruled the defendants may amend the operating and easement agreement to allow the development.Issue on appeal is whether the district court misconstrued the agreement.

Appeal No. 117,707: Philip L. Turner, dba Turner & Turner v. Rich Hayse (Originating in Shawnee County)

Turner, a Topeka lawyer, hired Hayse, another Topeka lawyer, to represent him in an appeal arising from hisunsuccessful effort to enforce a judgment lien of more than $600,000 against real property in Greeley County. Theappeal was unsuccessful. Turner then sued Hayse for legal malpractice on the grounds he abandoned what wouldhave been a winning legal argument on appeal. The district court ruled in Hayse's favor on summary judgment,finding his representation of Turner was legally adequate. Turner has appealed.

Appeal No. 117,499: John A. Moore and Joyce Moore Trust and Joyce E. Moore v. Jebidiah Moore andSteven L. Moore (Originating in Brown County)

Defendant Steven L. Moore had his parents John A. and Joyce E. Moore sign real estate contracts sellingfarmland and their residence to his son (their grandson) Jebidiah Moore. The sale effectively disinherited Steven'ssiblings, who would have inherited some of the farmland. Joyce and the trust sued on the grounds Stevenexercised undue influence over Joyce and John, in light of their ages and health problems, resulting in a sale atsubstantially below market value of the land and on commercially unreasonable terms. A jury in Brown CountyDistrict Court returned a verdict in favor of Steven and Jebidiah. Issues on appeal are whether: 1) the district courtimproperly instructed jurors on the law; 2) jurors improperly considered a settlement with the lawyer who preparedthe contracts; and 3) there were other trial errors.

1:30 p.m. Tuesday, April 17

Appeal No. 118550: Wasse Zafer and Zafer Chiropractic & Sports Injuries Inc. v. Andy Hermann, FarmersInsurance Co., et al. (Originating in Johnson County)

Zafer is a chiropractor who owned and operated Zafer Chiropractic & Sports Injuries. Zafer frequently treatedpersons injured in motor vehicle collisions and obtained assignments of their insurance benefits. Zafer believedFarmers Insurance Co. and Hermann deliberately refused to pay valid claims for care. Zafer originally sued thedefendants in the Missouri Circuit Courts, first in Cole County and eventually in Lincoln County. Lincoln CountyCircuit Court dismissed the claims based in part on Zafer's failure to comply with the state's fact-pleadingrequirements. Zafer appealed the dismissal, and the Missouri Court of Appeals affirmed the ruling. Zafer then filedsubstantially the same claims in Johnson County District Court in Kansas. Defendants moved to dismiss, arguingthe Missouri decision established a res judicata bar to the Kansas action. Issue on appeal is whether the Missourijudgment constitutes a decision on the merits of the claims triggering res judicata or a decision on the sufficiencyof the pleadings that may not.

Appeal No. 117,128: Travelers Casualty Insurance v. Larry G. Karns, as director of Kansas Division ofWorkers Compensation, and OneBeacon American Insurance Co. (Originating in Shawnee County)

This involves a large workers compensation award and how the award should be apportioned among two privateinsurance carriers and the Kansas workers compensation fund. The issues involve questions of the court'sjurisdiction to hear the dispute and, if so, the interplay between language in the administrative law judge's decisionin the workers compensation proceedings, which was not contested on the point, and statutory provisionsgoverning apportionment in certain circumstances. Shawnee County District Court found it had jurisdiction anddetermined Travelers Casualty Insurance responsible for the disputed portion of the award. Travelers appealed.

Note: Reporters who want to cover the oral arguments using video, photo, or audio recording devices, as spelled out in Supreme Court Rule 1001, should contact Lisa Taylor at [email protected] no later than noon Monday, April 16.



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April 11, 2018

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Judge David E. Bruns Judge Stephen D. Hill Senior Judge RichardWalker

Kansas Court of Appeals to hear oral arguments at Washburn University in Topeka

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, April 17, at theRobinson Courtroom at the Washburn University School of Law.

Washburn University is located at 1700 SW College, Topeka.

Judge David E. Bruns will be joined by Judge Stephen D. Hill and Senior Judge Richard Walker to hear oralarguments in five cases. Three cases will be heard starting at 9:30 a.m. with the remaining two starting at 1:30 p.m.

After each docket session, the judges will be available to answer questions from students and faculty membersabout the court and court procedures.

Bruns, the presiding judge for the panel, said it always is an honor for the court to hear cases at Washburn.

"In particular, we look forward to visiting with students and faculty members about the work of our court and theimportant role the judicial branch plays in our system of government," he said. "As graduates of Washburn LawSchool, it is especially gratifying for Judge Hill and me to be able to sit at the law school a final time before theretirement of Dean Tom Romig this summer. Under Dean Romig's leadership, the law school has prospered for thepast 11 years, and we are confident that it will continue to prosper in the future."

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and the judges will have achance to ask questions. The court will then take each case under consideration and will issue a written decision ata later date, usually within 60 days.

There are 14 judges on the Court of Appeals, and they sit in panels of three to decide cases. In addition to thepanel hearing cases this week in Topeka, other panels will hear cases at the University of Kansas School of Law,Lawrence; Newman University, Wichita; and Johnson County Community College, Overland Park. All hearings areopen to the public.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 in which the court issueda formal written opinion.

The five cases to be heard at Washburn University are summarized below. They originate from Shawnee County.

9:30 a.m. Tuesday, April 17, 2018

Appeal Nos. 117,903, 117,904, 117,905, and 117,906: Eaglemed LLC v. Travelers Insurance

Travelers Insurance denied coverage under a workers compensation insurance policy for services rendered byEaglemed, an air ambulance provider, for transporting several people who were injured on the job. Although bothparties agree the federal Airline Deregulation Act of 1978 pre-empts the Kansas fee schedule normally used inworkers compensation cases, they disagree on the impact of the pre-emption in this case. Issues on appeal arewhether: 1) the Medicare fee schedule controls air ambulance fees in Kansas workers compensation cases; 2) theAirline Deregulation Act pre-empts the Kansas Workers Compensation Act requirement that fees be reasonable;and 3) the Workers Compensation Board has jurisdiction to compel Travelers to pay Eaglemed's billed charges.

Appeal No. 117,508: Joseph R. Shepack v. Kansas Department of Revenue (Originating in ShawneeCounty) The Kansas Department of Revenue suspended Shepack's driving privileges after he refused to take anevidentiary breath test. The district court overturned the suspension because there was no probable cause to arrestShepack and the arresting officer had no authority to request the test under the Kansas implied consent laws. Onappeal, the Department of Revenue argues the suspension should be reinstated because the officer did haveprobable cause to arrest Shepack for failure to obey a lawful order, obstruction of a law enforcement officer, and/ordriving under the influence.

Appeal No. 118,212: In the Matter of the Adoption of C.D.F. (Originating in Shawnee County) A stepfather sought to adopt a minor child with the consent of his wife, the child's natural mother. However, thechild's natural father refused consent to have his parental rights terminated. The district court held that the naturalfather's consent to the adoption was required and dismissed the petition for adoption. Issues on appeal includewhether the district court: 1) erred when it dismissed the stepfather's petition without first conducting a hearing; 2)improperly appointed counsel to represent the natural father under the circumstances presented; and 3) abused itsdiscretion in failing to award the natural father attorney fees.

1:30 p.m. Tuesday, April 17, 2018

Appeal No. 116,483: Frank Robinson v. State of Kansas (Originating in Shawnee County) Robinson was convicted of second-degree murder and aggravated arson following an apartment fire in which atenant was killed. His convictions were affirmed on direct appeal. Robinson filed a habeas corpus motion underK.S.A. 60-1507. The district court held an evidentiary hearing and determined several of Robinson's allegations

had no merit. However, the district court concluded Robinson's trial counsel was ineffective for failing to presentsufficient expert testimony to refute claims made by the State's fire investigators and for the cumulative effect ofotherwise non-prejudicial errors. The district court vacated Robinson's conviction and ordered a new trial. The Stateappealed. Issues on appeal include whether the district court erred in finding: 1) Robinson's trial counsel wasineffective; and 2) some of Robinson's claims of ineffective assistance of counsel had no merit.

Appeal No. 118,640: State of Kansas v. Lee Sawzer Sanders (Originating in Shawnee County) Sanders was charged with possession of methamphetamine and unlawful use of drug paraphernalia. Before trial,Sanders filed a motion to suppress the evidence, asserting the officers who arrested him did not have sufficientbasis to stop him. After holding a suppression hearing, the district court granted Sanders' motion to dismiss, andthe State appealed. Issues on appeal include whether: 1) the district court erred by finding the officers did not havereasonable suspicion to support the initial stop; and 2) the officers inevitably would have discovered themethamphetamine when they arrested Sanders for an outstanding felony warrant.




Topeka, Kansas 66612-1507 785-296-2256

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April 11, 2018

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Judge Thomas E. Malone Judge Michael B. Buser Judge Kathryn A. Gardner

Kansas Court of Appeals to hear oral arguments at Newman University in Wichita

TOPEKA — A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, April 17, at theDugan Gorges Library Conference Center at Newman University.

Newman University is located at 3100 McCormack Ave., Wichita.

Judge Thomas E. Malone will be joined by Judges Michael B. Buser and Kathryn A. Gardner to hear oral arguments insix cases. Three cases will be heard starting at 9:30 a.m. with the remaining three starting at 1:30 p.m.

After each docket session, the judges will be available to answer questions from the public about the court and courtprocedures.

Malone, the presiding judge for the panel, is a 1976 Newman graduate. He believes this is the first time a Court ofAppeals panel has heard cases at the university.

"I'm really looking forward to hearing cases on campus at Newman on April 17," Malone said. "It was at Newman that Ifirst started thinking about a career in the law, so it is especially rewarding and somewhat nostalgic to return to campus40 years later to hear cases as a Kansas appellate judge."

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and the judges will have a chanceto ask questions. The court will then take each case under consideration and will issue a written decision at a laterdate, usually within 60 days.

There are 14 judges on the Court of Appeals, and they sit in panels of three to decide cases. In addition to the panelhearing cases this week in Wichita, other panels will hear cases at the University of Kansas School of Law, Lawrence;Washburn University School of Law, Topeka; and Johnson County Community College, Overland Park. All hearingsare open to the public.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 in which the court issued aformal written opinion.

The six cases to be heard at Newman University are summarized below. They originate from Chautauqua, Reno, andSedgwick counties.


Appeal No. 117,599: State of Kansas v. Dennis Saquan McGaugh III (originating in Sedgwick County)

McGaugh is charged with first-degree murder in an October 2016 death in Sedgwick County. The trial has not begun.The Wichita Eagle sought access to the probable cause affidavit so it could publish details about the charges. Aprobable cause affidavit is a sworn statement by a law enforcement officer that provides information supporting thebelief that a crime was committed by the defendant. The facts stated in the affidavit are not yet proven; the juryultimately will decide whether the allegations are true. McGaugh requested the affidavit be sealed or redacted so theinformation does not prejudice potential jurors. Sedgwick County District Court denied the motion but granted theState's request to replace witnesses' names with initials. The court then agreed to keep the affidavit under seal untilthis appeal is resolved. Issues include whether: 1) the appellate court has jurisdiction; and 2) the district court correctlyinterpreted the statute concerning the release of probable cause affidavits, which can be considered only if theappellate court has jurisdiction.

Appeal No. 112,755: State of Kansas v. Wesley G. Copeland Sr. (originating in Chautauqua County)

Copeland appeals his convictions for aggravated assault; manufacturing and possessing items needed to manufacturemethamphetamine; possessing methamphetamine, hydrocodone, marijuana, and drug paraphernalia; and unlawfullypossessing weapons. Sedan police arrested Copeland for aggravated assault after his girlfriend reported he hadpointed a gun at her in her home. She also stated he was using methamphetamine. Police searched the home andlocated numerous firearms; pills that were later identified as hydrocodone; a burned cigarette that tested positive formarijuana; a glass smoking pipe; spoons containing a burned residue later tested positive for methamphetamine; andnumerous items and tools associated with making methamphetamine. Issues on appeal include whether the districtcourt: 1) should have suppressed statements Copeland made to law enforcement officers after he requested anattorney and while he was being booked in and transported to jail; 2) should have held and allowed Copeland to attenda hearing before granting his attorney's and the State's agreement to delay his jury trial; and 3) properly instructed thejury how to determine Copeland committed the crimes charged against him.

Appeal No. 118,184: Jonathan Edwards v. Mike T. Logan and Attorney General Derek Schmidt (originating inSedgwick County) Logan was the driver in an automobile accident that injured Edwards. Edwards sued Logan for economic andnoneconomic damages. Economic damages include medical bills and lost wages, while noneconomic damagesinclude losses such as mental anguish. However, Edwards was knowingly and illegally operating an uninsured vehicleand statutorily prohibited from recovering noneconomic damages. Edwards sought to have K.S.A. 40-3130(a) declaredunconstitutional. The State intervened to advocate that the statute was valid. The district court ruled the statute did notviolate the Kansas Constitution. Edwards and Logan then settled, with Logan compensating Edwards for his entiremedical bill and Edwards waiving his right to a jury trial. Issues on appeal include whether: 1) this appeal is mootbecause a settlement was reached; 2) Edwards has the right to challenge the constitutionality of the statute; and 3)K.S.A. 40-3130(a) violated Edwards' constitutional rights.


Appeal No. 116,708: State of Kansas v. Frederick Lemons Jr. (originating in Reno County) Lemons was convicted of seven felonies and one misdemeanor related to a home invasion and his attempt to evadeapprehension. Lemons agrees there was sufficient evidence to convict him of the crimes related to his attempting toevade capture but contends the State failed to prove beyond a reasonable doubt he was among the men whoparticipated in the home invasion. Issues on appeal include whether: 1) the State presented sufficient evidence so areasonable jury could find he was guilty beyond a reasonable doubt of aggravated kidnapping, aggravated robbery,aggravated burglary, aggravated battery, and criminal threat; and 2) the district court erred when it found that "newlydiscovered" evidence was not actually new and denied his motion for a new trial.

Appeal Nos. 117,932 and 118,360: In the Matter of Tony Biehl, and Sheila Kay Vandeloecht, and Alan Bennett(originating in Sedgwick County)

This paternity action involves a 3-year-old child. Vandeloecht, the mother, believed Bennett was the biological father.He signed documents that allowed him to be named the father on the child's birth certificate. However, Bennett laterdiscovered through genetic testing there was no chance he was the biological father. Biehl later filed a petition todetermine the child's paternity and alleged he was the biological father. Vandeloecht, Bennett, and Biehl all agreedBiehl was the biological father, and the district court approved the journal entry. About four months later, Vandeloechtasked the journal entry be set aside; the district court refused. The district court subsequently awarded Bennett andBiehl attorney fees, which were to be paid by Vandeloecht. Issues on appeal are whether: 1) the Court of Appeals hasjurisdiction; 2) the district court erred by not setting aside the journal entry; and 3) the district court erred by awardingBennett and Biehl attorney fees.

Appeal No. 117,256: State of Kansas v. Kristopher Williams (originating in Sedgwick County)

Williams was tried in three cases consolidated into one trial in Sedgwick County District Court. The first case involvedrobbery of a restaurant. The second involved three robberies in which the assailants approached people at gunpointand either asked for money or forced them to go to an ATM to withdraw money. The third involved robbery of a man ina parking lot. Williams was convicted of six counts of aggravated robbery, two counts of kidnapping, two counts ofsimple robbery, aggravated assault, and felony interference with law enforcement. Issues on appeal are whether: 1)Williams' confession involving the restaurant robbery should have been suppressed; 2) Williams' aggravated batteryconviction in the restaurant robbery was not supported by sufficient evidence; and 3) the jury instruction for his chargeof felony interference with law enforcement was improper.




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April 11, 2018

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Judge Patrick D. McAnany Judge Steve Leben Judge Kim R. Schroeder

Kansas Court of Appeals to hear oral arguments at Johnson County Community College inOverland Park

TOPEKA — A three-judge panel of the Kansas Court of Appeals will hear oral arguments Tuesday, April 17, in theHudson Auditorium at Johnson County Community College.

Hudson Auditorium is located on the second floor of the Nerman Museum of Contemporary Art at Johnson CountyCommunity College, 12345 College Blvd., Overland Park.

Judge Patrick D. McAnany will be joined by Judges Steve Leben and Kim R. Schroeder to hear oral arguments in sixcases. Three cases will be heard starting at 9:30 a.m. with the remaining three starting at 1:30 p.m.

After each docket session, the judges will be available to answer questions from the public about the court and courtprocedures.

McAnany, the presiding judge for the panel, said the hearings are a sort of homecoming for him.

"Judge Steve Leben and I have long connections to JCCC from our days as district court judges in Johnson County,where we occasionally presented programs for students at the college," he said. "Everyone on our court always lookforward to our annual visit to Johnson County Community College to hear cases and interact with the students andfaculty."

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and the judges will have a chance toask questions. The court will then take each case under consideration and will issue a written decision at a later date,usually within 60 days.

There are 14 judges on the Court of Appeals, and they sit in panels of three to decide cases. In addition to the panelhearing cases this week in Overland Park, other panels will hear cases at the University of Kansas School of Law,Lawrence; Washburn University School of Law, Topeka; and Newman University, Wichita. All hearings are open to thepublic.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 in which the court issued aformal written opinion.

The six cases to be heard at Johnson County Community College are summarized below. They originate from Johnsonand Wyandotte counties.


Appeal No. 117,725: Howard Johnson III v. US Food Service and American Zurich Insurance Co.

Under the state Workers Compensation Act, a worker gives up the right to sue an employer in court for on-the-job-injuriesin exchange for the right to make a claim for benefits under the Kansas Workers Compensation Act. In 2015, Johnsoninjured his neck while working for US Food Service. He applied for workers compensation benefits. He received benefitsbased on a functional impairment of 6 percent using the 6th Edition of the American Medical Association's Guides to theEvaluation of Permanent Impairment, which was the standard adopted by the Legislature in 2015. Before 2015, theKansas Workers Compensation Act used the 4th Edition of the Guides. Under the 4th Edition, Johnson would havereceived an impairment rating of 25 percent. Johnson argues the statutory change from the 4th Edition to the 6th Editionis unconstitutional because its effect is to diminish or abrogate his right to an adequate remedy under workerscompensation law.

Appeal No. 118,165: City of Leawood v. Robert Puccinelli (Originating in Johnson County)

Puccinelli was convicted by a jury of driving under the influence. Before trial, he sought to exclude evidence of the resultsof the field sobriety tests performed before his arrest. He also tried to exclude all references to the horizontal gazenystagmus test the officer administered as part of the sobriety testing. The district court denied both requests. Issues onappeal include whether: 1) Puccinelli voluntarily consented to the tests; and 2) the reference to the nystagmus test shouldbe allowed without expert testimony on its scientific validity.

Appeal No. 117,326: State of Kansas v. Jeremy A. Filbert (Originating in Wyandotte County)

Filbert was charged with two counts of rape, five counts of aggravated criminal sodomy, and one count of aggravatedindecent liberties with a minor. The victim in each count was his half-sister, who was under age 14. Filbert was over age18. At trial, the State dismissed two counts of aggravated criminal sodomy. Filbert requested the district court instruct thejury to decide the case without favoritism or sympathy for or against either him or the victim. The district court declined,and the jury convicted him of the remaining charges. Issues on appeal are whether: 1) the district court erred when itdeclined to grant Filbert's request; and 2) there was insufficient evidence supporting the convictions for aggravatedcriminal sodomy.


Appeal No. 117,198: State of Kansas v. David Eugene Sisson (Originating in Johnson County)

Law enforcement stopped Sisson's car for a defective license plate light. The investigating officer suspected Sisson wasintoxicated, and Sisson was charged with driving under the influence of alcohol. Before trial, Sisson asked the court tosuppress evidence gained during the investigation because the investigating officer did not have reasonable suspicion tostop him. The district court denied Sisson's request and found him guilty of DUI. Sisson appeals.

Appeal No. 117,162: State of Kansas v. Christopher Michael Dale (Originating in Johnson County)

Dale was charged and convicted of one count of theft and two counts of aggravated robbery after he used a BB gun totake three cellphones and an iPod from teenagers at a skate park. On appeal, this court affirmed the theft conviction butremanded the case for a new trial on the aggravated robbery charges because of a jury instruction error. Before thesecond trial, Dale argued the State could not prosecute him for aggravated robbery because he already had beenconvicted of theft and the two aggravated robbery charges were in violation of the double jeopardy clause of the FifthAmendment to the U.S. Constitution and Section 10 of the Kansas Constitution Bill of Rights. The district court deniedDale's request and Dale was again convicted of two counts of aggravated robbery. Dale appeals.

Appeal No. 118,090: Paula Lubberts v. 4 Life Weight Loss Centers Inc., d/b/a Slim4Life (Originating in JohnsonCounty)

Lubberts sued Slim4Life alleging violations of the Kansas Consumer Protection Act by engaging in deceptive andunconscionable acts and practices in order to convince her to sign up for the Slim4Life weight loss program. Slim4Lifefiled a motion for summary judgment and alleged Lubberts signed documents requiring her to purchase additionalnutritional supplements that were not included in the program's price. The district court ruled in favor of Slim4Life.Lubberts appeals.




Topeka, Kansas 66612-1507 785-296-2256

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April 17, 2018

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Kansas Supreme Court Justice Marla Luckert

Supreme Court Justice Marla Luckert honored by Washburn University AlumniAssociation

TOPEKA—Supreme Court Justice Marla Luckert received the Distinguished Service Award fromWashburn University.

The award was presented April 7 by the Washburn University Alumni Association.

The award recognizes alumni who have made personal and professional contributions to society,demonstrated exemplary support to the Washburn University Alumni Association and the community,been of service to humanity, distinguished themselves in their careers, and brought honor to Washburnthrough their accomplishments.

Luckert earned a bachelor's degree from Washburn University in 1977 and a law degree from WashburnUniversity School of Law in 1980.

"I am very honored to be recognized for service to Washburn, especially when I know I can never begin torepay what Washburn has given me," Luckert said. "Beyond the excellent education, the people thatmake Washburn special have inspired and supported me as a student and in every aspect of my life sincethat time. My debt to Washburn and all those special people is immense. "

Luckert has served on the Kansas Supreme Court since 2003. Before that, she was a district judge andthen chief judge of the 3rd Judicial District for 11 years. She was in private practice for 12 years atGoodell Stratton Edmonds & Palmer.

As an alumna, Luckert has remained active at Washburn, serving on various committees for the lawschool and on the alumni association board. In 2017, she received the Kansas Bar Foundation’s Awardfor Exemplary Service, and in 2015, she was named a Woman of Influence by Go Topeka’sEntrepreneurial and Minority Business Development Program.

Luckert, a Goodland native, said a high school trip to Washburn drew her to the school.

"I came to Washburn for the state debate tournament, and I liked what I saw. Even then, I wanted to be anattorney, so the law school was a plus. In addition, the school’s size appealed to me, and I wanted theability to participate in a variety of activities, including debate, student government, and music. Receivingscholarships was imperative, and Washburn came through, making my college dream a reality," she said.



Topeka, Kansas 66612-1507 785-296-2256

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April 20, 2018

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4th Judicial District Nominating Commission to interview nominees for districtmagistrate judge vacancy in Osage County

TOPEKA—The 4th Judicial District Nominating Commission will convene May 9 to interview fivenominees to fill a district magistrate judge vacancy in Osage County.

The vacancy was created when the former magistrate, Taylor J. Wine, was appointed district judge andchief judge of the 4th Judicial District.

The commission will convene at 9 a.m. in the Osage County Courthouse, 717 Topeka Ave., Lyndon.Interviews are open to the public.

The 4th Judicial District is composed of Anderson, Coffey, Franklin, and Osage counties.

The nominees to be interviewed are:

Jennifer Jolene Friend, nonattorney, FredoniaBryan K. Joy, attorney, BurlingtonRobert Wayne Lattin, attorney, IndependenceElizabeth Lee Oliver, attorney, Baldwin CityShannon D. Rush, attorney, Osage City


a graduate of a high school, a secondary school, or the equivalent;a resident of Osage County at the time of taking office and while holding office; andeither a lawyer admitted to practice in Kansas, or able to pass an examination given by the SupremeCourt to become certified within 18 months.

After interviews conclude, the commission will appoint the district magistrate judge. After serving one yearin office, the new magistrate judge must stand for a retention vote in the next general election to remain inthe position. If retained, the incumbent will serve a four-year term.

Supreme Court Justice Eric Rosen is the nonvoting chair of the 4th Judicial District NominatingCommission. Members are Janet Walsh, secretary, Lyndon; James R. Campbell and Jim H. Dale,Burlington; Craig E. Cole, Garnett; Thomas B. DeBaun, Osage City; John A. Holmes and Forrest A.Lowry, Ottawa; and Eugene E. Highberger, Westphalia.



Topeka, Kansas 66612-1507 785-296-2256

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April 23, 2018

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Chief Judge Glenn Braun

Chief Judge Glenn Braun to sit with Kansas Supreme Court May 1

TOPEKA — Chief Judge Glenn Braun of the 23rd Judicial District has been appointed to sit with theKansas Supreme Court to hear oral arguments in one case on the court's May 1 docket.

After hearing oral arguments, Braun will join Supreme Court justices in their deliberations and decisiondrafting.

“I am pleased that Chief Judge Braun is taking time from his duties in the 23rd Judicial District to sit withthe Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward

to his contributions in deliberating and eventually deciding this case.”

Braun was appointed a district judge in 2012 and has been chief judge of the 23rd Judicial District since 2016. He presides over cases in Ellis, Rooks, Trego, and Gove counties.

“Having had the privilege of appearing before the Kansas Supreme Court as a practicing attorney, it is an honor to be extended the opportunity to sit as a judge with the court,” Braun said.

He is a graduate of Thomas More Prep-Marian High School in Hays, Kansas State University in 1978, and Washburn University School of Law in 1981. He was in private practice until 2012 and served as Ellis County Attorney from 1989 to 1997 and as a city of Hays prosecutor.

Braun served as president of the Kansas Bar Association in 2010-11 and as a commissioner of the Kansas Racing and Gaming Commission from 2005 to 2012. He was admitted to practice before the U.S. District Court and the U.S. Supreme Court.

A lifelong Kansan, he and his wife, Amy, have five children.

All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! Link in the right-hand column of the Kansas Judicial Branch website at www.kscourts.org.

The case Braun will hear is the third one scheduled on the Supreme Court's 9 a.m. docket Tuesday, May 1:

Appeal No. 115,036: State of Kansas v. Yamuna Rizal

Johnson County: (Petition for Review) Rizal is a convenience store co-owner convicted of possessing with intent to distribute K2, a controlled substance, near a school zone in violation of K.S.A. 5705(c)(1)(A), now K.S.A. 21-5705(d)(2) and (5). District court sentenced Rizal to 36 months' probation in lieu of 49 months in prison but conditioned the sentence on Rizal serving 60 days in jail. Issues on review are whether: 1) McFadden v. United States, 135 S. Ct. 2298, 192 L. Ed. 2d 260 (2015), applies to this case; and 2) the prosecution was required to show Rizal knew the synthetic cannabinoids she was selling were illegal.



Topeka, Kansas 66612-1507 785-296-2256

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April 25, 2018

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New attorneys to take state and federal oaths in April 27 ceremony

TOPEKA—Successful applicants to the February 2018 Kansas bar examination will be sworn in asKansas attorneys at 10 a.m. Friday, April 27, in the Kansas Supreme Court courtroom at the KansasJudicial Center, 301 SW 10th Avenue, in Topeka.

Chief Justice Lawton Nuss will preside over the Supreme Court, and Chief Judge Janice Miller Karlin ofthe U.S. Bankruptcy Court, District of Kansas, will represent the federal court.

Douglas Shima, clerk of the Kansas appellate courts, will administer the state oath, and Joyce Ridgeway,division manager of the Topeka office of the U.S. Bankruptcy Court, District of Kansas, will administer thefederal oath.

Donald Peterson II and Christina Lewerenz Holland, respectively the chair and vice chair of the KansasBoard of Law Examiners, will present the new attorneys to the court.

New attorneys eligible to be sworn in, listed alphabetically by county, are:

Name Courtney Elaine Manly

City Lawrence

County Douglas

State KS

Rebecca Silvermintz Craig Merriam Johnson KSAndrew Travis Holbert Overland Park Johnson KSMadeline Kay Imlay Lenexa Johnson KSKipp Crawford Knight Overland Park Johnson KSDeWitt Patrick Mayfield Prairie Village Johnson KSJohn Grady O'Byrne Leawood Johnson KSChristopher Ryan Schmidt Overland Park Johnson KSWhitney Talbot Kauffeld Manhattan Riley KS

Tony Caleb Padgett Manhattan Riley KSShawn Patrick Aldrich Haysville Sedgwick KSAdrienn Frances Clark Wichita Sedgwick KSHolly Royce Cole Wichita Sedgwick KSAlex Michael Johnson Wichita Sedgwick KSTimothy Robert Love II Wichita Sedgwick KSMichael William Weber Wichita Sedgwick KSEthan Michael McInteer Topeka Shawnee KSStephen Paul Young Topeka Shawnee KSErin Lee Zoglmann Wellington Sumner KSMaurice O’Neal Ward Jr. Moline ILLauren Catherine Bonds Kansas City MOLauren Elizabeth Borgognone McCluskey Kansas City MOAaron Russell Schuman Kansas City MOTristan Seth Kimbrell Salt Lake City UTRichard William Smith Vineyard UT

New attorneys unable to attend the ceremony can have the oath administered by a judge of record in theUnited States or make special arrangements with the clerk of the appellate courts to have the oathadministered at a later date in the judicial center.



Topeka, Kansas 66612-1507 785-296-2256

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May 4, 2018

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3rd Judicial District Nominating Commission to interview nominees for vacancy inShawnee County

TOPEKA—The 3rd Judicial District Nominating Commission will convene May 17 to interview nomineesto fill the vacancy created by the July 31, 2018, retirement of District Judge Joseph D. Johnson.


The nominees are:

Athena E. Andaya, TopekaJay D. Befort, TopekaBrett W. Berry, TopekaRichard P. Billings, TopekaDarian P. Dernovish, TopekaMark D. Dodd, TopekaJessica G. Domme, TecumsehJason "Jake" K. Fisher, Silver LakePenny R. Moylan, TopekaRachel L. Pickering, TopekaSteven M. Roth, TopekaJennifer L. Martin Smith, TopekaTodd M. Thornburg, TopekaKelly J. Trussell, TopekaJohn Paul D. Washburn, TopekaCheryl L. Whelan, Topeka

The nominating commission will convene at 9 a.m. Thursday, May 17, in the Shawnee CountyCourthouse to interview the nominees. Interviews are open to the public.





The commission will select from three to five nominees whose names will be submitted to the governor tofill the position according to statutory qualification and residency requirements. If there are not threenominees who reside in the judicial district who are deemed qualified by the commission, the commissionmay consider nominees who live outside the district. The governor has 60 days after receiving the namesto decide whom to appoint.

The 3rd Judicial Nominating Commission consists of Justice Marla J. Luckert of the Kansas SupremeCourt as the nonvoting chair; Terry E. Beck, Daniel W. Crow, Thomas G. Lemon, Jolene C. Miller, and W.Eric Stafford, all of Topeka; and Toby L. McCullough of Rossville.



Topeka, Kansas 66612-1507 785-296-2256

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May 7, 2018

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Four reappointed to Kansas Board of Examiners of Court Reporters

TOPEKA—The Kansas Supreme Court reappointed four people to the Kansas Board of Examiners ofCourt Reporters.

The members, who will serve three-year terms that begin July 1, 2018, and end June 30, 2021, are:

District Judge Jeffry Jack, who serves in Labette County in the 11th Judicial District.

Sheila Lyons, a certified court reporter for the 18th Judicial District, Wichita.

Jennifer Olsen, a certified court reporter for the 3rd Judicial District, Topeka.

Vesta York, a freelance certified court reporter from Wichita. She was appointed to the board inMarch to fill a vacancy whose term expires June 30.

The Kansas Board of Examiners of Court Reporters supervises granting certificates of eligibility forcertified court reporters; oversees court reporter conduct; and reviews and acts on any complaints madeagainst a certified court reporter. The board gives examinations to certify court reporters in May andOctober of each year.

The board includes judges, practicing attorneys, and court reporters.

Other members of the board are Rachel Pickering, chair, an attorney from Topeka; Chief Judge EvelynWilson, vice chair, who serves in Shawnee County in the 3rd Judicial District; Jennifer Hill, an attorneyfrom Wichita; Shirla McQueen, an attorney from Liberal; and Charles Motter, a freelance certified courtreporter from Lenexa.

Douglas Shima, clerk of the appellate courts, is secretary to the board.


May 9, 2018

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Kansas Supreme Court accepting public comment on proposed amendments toRule 2.041

TOPEKA—The Kansas Supreme Court is accepting public comment on proposed changes to Rule 2.041that are intended to resolve an ambiguity regarding the response time to file an answer to a docketingstatement.

The proposed amended rule is available for review on the Kansas Supreme Court website atwww.kscourts.org under the heading What's New.

Comment may be made to [email protected] until 5 p.m. Monday, June 11. The subject line mustread "Rule 2.041."



Topeka, Kansas 66612-1507 785-296-2256

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May 9, 2018

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Osage City lawyer selected for district magistrate judge vacancy in Osage County

TOPEKA—The 4th Judicial District Nominating Commission has selected Osage City lawyer Shannon D. Rush to fill a magistrate judge vacancy in Osage County.

The commission conducted public interviews of nominees for the position May 9 in Lyndon. Five people had applied for the opening.

Rush's new position will be effective upon her swearing-in. She was in private practice with Coffman & Campbell, Burlington.

The 4th Judicial District is composed of Anderson, Coffey, Franklin, and Osage counties. The vacancy was created when the former magistrate, Taylor J. Wine, was appointed district judge and chief judge of the 4th Judicial District.

Kansas law requires that a magistrate judge be a resident of the county at the time of swearing-in and while serving; be at least 30 years old; have graduated from a high school, secondary school, or the equivalent; and either be a lawyer admitted to practice in Kansas or pass an examination given by the Kansas Supreme Court and become certified within 18 months.

After serving one year in office, the new magistrate judge must stand for a retention vote in the next general election to remain in the position. If retained, the incumbent will serve a four-year term.

Supreme Court Justice Eric Rosen is the nonvoting chair of the 4th Judicial District Nominating Commission. Members are Heather Landon, Baldwin City; Jim H. Dale, Burlington; Craig E. Cole, Garnett; Janet Walsh, Lyndon; Thomas B. DeBaun, Osage City; John A. Holmes and Forrest A. Lowry, Ottawa; and Eugene E. Highberger, Westphalia.


May 10, 2018

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Kansas Supreme Court amends court rules to accommodate mandatory electronicfiling in all courts effective June 25, 2018

Court also announces changes to notice of electronic filing and policy direction on when an electronicallyfiled document is deemed accepted

TOPEKA—The Kansas Supreme Court announced today that it has amended two rules to facilitate therequirement that all attorneys must electronically file documents in all state courts effective June 25, 2018.

The requirement applies to all Kansas-licensed attorneys who are permitted to practice law under Rule 208(a), and it applies to all case types processed by Kansas courts. Self-represented parties will continueto file paper documents.

"Electronic filing has been required in the appellate courts since November 2015, and many judicialdistricts have mandated efiling as well," said Chief Justice Lawton Nuss. "This statewide mandate is animportant step in our move toward centralized case management, which is part of our Kansas eCourtinitiative, and the standardization that will come with it."

To advance the efiling requirement, the Supreme Court amended two rules for district courts:

Supreme Court Rule 119: Fax Filing and Service by Fax. This amended rule requires a Kansas-licensed attorney to follow the provisions of Rule 122 when filing any document with a district court.

Supreme Court Rule 122: Electronic Filing and Service by Electronic Means. This amendedrule requires a Kansas-licensed attorney who is permitted to practice law under Rule 208(a) toelectronically file documents in the district courts, unless there is a failure of the filing attorney'stechnology. Other amendments address electronic service, certificates of service, and filings madeuntimely if an efiling system is unavailable.

Notice of Electronic Filing

The Supreme Court also authorized modifying the notice of electronic filing generated by the KansasCourts eFiling system to include a link that allows an attorney of record to directly access an electronicallyfiled document. Currently, the notice of electronic filing alerts the attorney in a case that a document hasbeen electronically filed, and the attorney must log in to the Kansas Courts eFiling system to access thedocument.

Once the enhancement is in place, the notice of electronic filing will include a link to the document if anunsealed document is electronically filed in the Kansas Courts eFiling system. If the document is sealed,the attorney will need to log in to the Kansas Courts eFiling system to access the document.

The enhancement to the notice of electronic filing is expected to be in place by fall, and attorneys will benotified as soon as it is available.

Documents Deemed Accepted on Submission

The Supreme Court also decided to work toward implementing policy that a document is deemedaccepted as soon as it is filed, and it is immediately available for review, unless it is subject to anexception, such as a sealed document. Implementation of this policy is expected to coincide with theKansas judicial branch's transition to a new centralized case management system.

Attorneys Encouraged to Sign-up to Electronically File

Attorneys who have yet to start filing electronically are encouraged to visit the Kansas Courts Electronic Filing web page on the judicial branch website to register to efile, access training videos, and enroll inwebinars.

Since electronic filing's inception in Kansas courts in 2013, more than 4.4 million documents have beenefiled in district and appellate courts. Currently, 24 judicial districts representing 79 counties requireattorneys to efile in some or all case types. The remaining seven judicial districts representing 26 countiesaccept documents filed electronically but do not require it.

Of the 11,700 Kansas-licensed attorneys who are registered as active, more than 6,000 have registeredto efile. Some attorneys may never efile if they do not litigate in Kansas state courts.

Mandatory efiling important step toward centralized case management

Mandatory electronic filing is an important step toward centralized case management, which will allow alldistrict and appellate case data to reside on a single web-based platform and transform the way the statecourt system serves the people of Kansas.

The primary goals of centralized case management are to:

Improve case processing in the district and appellate courts.Increase the efficiency of information delivery to district and appellate court judges.Increase operational efficiency and effectiveness through automating certain activities andstreamlining other operations.Improve data quality and integrity.Improve performance measurement, analysis, and reporting through enhanced informationcollection, storage, retrieval, and analysis.Enable work sharing between district courts, primarily among clerks and court services.Maintain and improve data sharing between various governmental and public entities.Maintain and improve the ability to process electronic payments.Enable web-based sharing of public information.

As a result of action by the 2014 Legislature, the centralized case management project is funded by aportion of the docket fees collected by the courts.

The conversion to the centralized case management system is expected to take three to four years. Theorder in which courts will be brought onto the new system is described in the fact sheet Kansas eCourt:Statewide Rollout Plan.



Topeka, Kansas 66612-1507 785-296-2256

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May 16, 2018

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Lawrence attorney reappointed to Attorney Admissions Review Committee

TOPEKA—The Kansas Supreme Court reappointed Sherri Loveland to a three-year term on the Attorney Admissions Review Committee.

Loveland will serve until June 30, 2021. She is an attorney at Stevens & Brand in Lawrence.

The committee, composed of three practicing attorneys, reviews applications of individuals seeking to practice law in the state and makes recommendations to the Kansas Board of Law Examiners.



Topeka, Kansas 66612-1507 785-296-2256

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May 16, 2018

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District Judge Jeffry Larson

Lyon County judge appointed to child welfare task force

TOPEKA—The Kansas Supreme Court appointed District Judge Jeffry Larson to the Child WelfareSystem Task Force.

Larson will complete the unexpired term of District Judge Daniel Cahill, who serves in Wyandotte Countyof the 29th Judicial District. Larson serves in Lyon County of the 5th Judicial District. His term on the taskforce ends January 14, 2019.

The 2017 Legislature established the task force to study child welfare services in the state and to report tolawmakers with recommendations for improvements.

Other members of the 18-member panel include Senate and House leadership; staff from the KansasDepartment for Children and Families; and people representing DCF contractors, foster parents, court-appointed guardians, family lawyers, social workers, county attorneys, and law enforcement.



Topeka, Kansas 66612-1507 785-296-2256

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May 16, 2018

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Retired Justice Edward Larson

Retired justice reappointed to Judicial Ethics Advisory Panel

TOPEKA—The Kansas Supreme Court reappointed former Justice Edward Larson to a four-year term onthe Judicial Ethics Advisory Panel.

Larson will serve until June 30, 2022. He was a justice on the Supreme Court from 1995 to 2002 and asenior judge from 2002 to 2014. He served on the Kansas Court of Appeals from 1987 to 1995 andpreviously was a municipal court judge and practicing lawyer in Hays.

The Judicial Ethics Advisory Panel provides advisory opinions to judges who ask whether a future course

of action would violate the Code of Judicial Conduct. All members of the Judicial Ethics Advisory Panel are retired justices or judges.

Advisory opinions are public and are published by the Clerk of the Appellate Courts on the Kansas judicial branch website at kscourts.org.



Topeka, Kansas 66612-1507 785-296-2256

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May 17, 2018

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Judge Melissa TaylorStandridge

Judge Henry Green Jr. Molly Wood

New member appointed, another reappointed to Kansas Board of Law Examiners

TOPEKA–The Kansas Supreme Court appointed Kansas Court of Appeals Judge Melissa Taylor Standridge andattorney Molly Wood to five-year terms on the Kansas Board of Law Examiners.

Standridge will succeed Court of Appeals Judge Henry Green Jr., whose term is expiring. The court reappointedWood, a partner at Stevens & Brand, Lawrence. Both will serve through June 30, 2023.

Standridge graduated from the University of Missouri-Kansas City School of Law. She was chambers counsel toU.S. District Judge Elmo Hunter, Western District of Missouri, and U.S. District Magistrate Judge David Waxse,District of Kansas, and was a private practice attorney. She was appointed to the Court of Appeals in 2008.

Green graduated from the University of Kansas School of Law. He was a private practice attorney and a trustee ofthe U.S. Bankruptcy Court, District of Kansas. He was appointed to the Court of Appeals in 1993.

Wood is a 1991 graduate of the University of Kansas School of Law and concentrates her practice on elder law.

The 10-member Kansas Board of Law Examiners is composed of judges and lawyers. It manages and grades atwice-yearly bar examination and conducts hearings on applicants’ character and fitness to practice law. It alsorecommends to the Kansas Supreme Court policies and procedures related to bar admission.

Other members of the board are Donald Peterson II, chair, Wichita; Christina Lewerenz Holland, vice chair,Kansas City, Mo.; David Cooper, Topeka; Patrick Hughes, Wichita; Laura Ice, Wichita; Peter Johnston, Salina;Carol Park, Hays; and Larkin Walsh, Kansas City, Mo.



Topeka, Kansas 66612-1507 785-296-2256

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May 17, 2018

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Two reappointed to Judges Assistance Committee

TOPEKA—The Kansas Supreme Court reappointed District Judge Ben Burgess and Municipal JudgeAmie Bauer to four-year terms on the Judges Assistance Committee.

Their terms will run through June 30, 2022.

The Judges Assistance Committee provides help to any Kansas judge in need due to mental or physicaldisability, or addiction.

Burgess, who serves in Sedgwick County of the 18th Judicial District, currently chairs the committee.Bauer is municipal judge for the city of Moundridge.

Other members of the Judges Assistance Committee are:

Retired District Judge Steve Becker of Buhler, who served in Reno County of the 27th JudicialDistrict.

District Magistrate Judge Marty Clark, who serves in Russell County of the 20th Judicial District.

District Judge Sally Pokorny, who serves in Douglas County of the 7th Judicial District.

District Judge Mark Ward, who serves in Bourbon County of the 6th Judicial District.

District Magistrate Judge Keith Whitney, who serves in Meade County of the 16th Judicial District.


May 17, 2018

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3rd Judicial District Nominating Commission submits nominees for district judgevacancy in Shawnee County

TOPEKA — The 3rd Judicial District Nominating Commission has sent the names of three nominees fordistrict judge to Gov. Jeff Colyer, who has 60 days to decide who will fill the vacancy created by the July31 retirement of Judge Joseph Johnson.

The 3rd Judicial District is composed of Shawnee County. The commission interviewed 16 nominees May17.


Darian Dernovish, general counsel to the Kansas Department of Health and Environment.

Penny Moylan, a deputy disciplinary administrator for the Kansas Supreme Court's Office of theDisciplinary Administrator.

Kelly Trussell, an attorney with Sloan, Eisenbarth, Glassman, McEntire & Jarboe, Topeka.

Nominees for district judge position must be:




The 3rd Judicial Nominating Commission consists of Justice Marla Luckert of the Kansas Supreme Courtas the nonvoting chair; Terry Beck, Daniel Crow, Thomas Lemon, Jolene Miller, and Eric Stafford, all ofTopeka; and Toby McCullough of Rossville.



Topeka, Kansas 66612-1507 785-296-2256

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May 18, 2018

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Chief Judge Karen Arnold-Burger

University of Kansas School of Law honors Court of Appeals chief judge

TOPEKA—The University of Kansas School of Law honored Chief Judge Karen Arnold-Burger of theKansas Court of Appeals with its 2018 Distinguished Alumni Award.

The law school recognized Arnold-Burger and two other recipients April 7 in Lawrence. The awardcelebrates graduates for their professional achievements, contributions to the legal field, and service totheir communities and the university.

"I feel so lucky and proud every day to be a Kansas lawyer and a Jayhawk," Arnold-Burger told thegathering. "I live each day feeling a responsibility to not let my alma mater, my profession, or the citizensof Kansas down. So to be honored by the university that gave me so much is very humbling and ahighlight of my career."

Arnold-Burger worked as a prosecutor and assistant U.S. attorney for the District of Kansas, then asmunicipal judge for the city of Overland Park. Gov. Mark Parkinson appointed her to the Kansas Court ofAppeals in 2011, and Chief Justice Lawton Nuss named her chief judge in 2017. The Kansas BarAssociation gave her its Distinguished Service Award in 2016.

Arnold-Burger earned bachelor’s degrees in political science, psychology, and personnel administration in1978 from the University of Kansas and a law degree in 1982 from the University of Kansas School ofLaw.



Topeka, Kansas 66612-1507 785-296-2256

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May 18, 2018

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Two new members appointed to Kansas Continuing Legal Education Commission

TOPEKA—The Kansas Supreme Court appointed two new members to the Kansas Continuing LegalEducation Commission and reappointed two others.

The commission oversees continuing legal education requirements for lawyers licensed to practice inKansas. Attorneys must earn a minimum of 12 credit hours each year.

Joslyn Kusiak of Independence, Megan Walawender of Lenexa, and Chief Judge Wendel Wurst ofGarden City will serve on the commission from July 1 through June 30, 2021.

Kusiak is a new member. She is an attorney with Kelly & Kusiak Law Office in Independence.

Walawender, of Kansas City, Mo., has served on the commission since July 2015. She is an associategeneral counsel for the University of Kansas.

Wurst also has been a member of the commission since July 2015. He has served as district judge in the25th Judicial District since 2009 and chief judge since 2012. The district is composed of Finney, Greeley,Hamilton, Kearny, Scott, and Wichita counties.

The Supreme Court also appointed Charles Peckham of Atwood, who will complete an unexpired termthat ends June 30, 2019. He is an attorney and owner of Brown, Creighton & Peckham in Atwood. On thecommission, he succeeds Nicole Romine, previously of Goodland, who has moved to Cheyenne, Wyo.

Kusiak succeeds Steve Angermayer of Pittsburg, who has been a commission member for six years andserved as chair for two years. He is an attorney and manager of Fern & Angermayer in Pittsburg.

Other members of the commission are Elizabeth Cateforis, Lawrence; Jalen O'Neil Lowry, Topeka;Jennifer Cocking, Topeka; Rick Ginsberg, Lawrence; and David Moses, Wichita.


May 21, 2018

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Four individuals appointed to Kansas Sentencing Commission

TOPEKA—The Kansas Supreme Court appointed two new members to the Kansas SentencingCommission and reappointed two others.

Kansas Court of Appeals Judge Stephen Hill and District Judge Benjamin Sexton will serve two-yearterms ending June 30, 2020.

The court reappointed District Judge Lee Fowler and Chris Mechler of the judicial branch's Office ofJudicial Administration to two-year terms, also ending June 30, 2020.

Hill is a former district judge who has served on the Court of Appeals since 2003. Sexton serves inDickinson County of the 8th Judicial District. Fowler serves in Lyon County of the 5th Judicial District.Mechler is a court services officer specialist to the state's district courts.

The Legislature established the commission to evaluate sentencing guidelines and advise andrecommend changes to the secretary of corrections and legislators.

The chief justice or a designee of the Supreme Court serves on the 17-member commission, and theSupreme Court also appoints two district court judges and a court services officer. Other commissionmembers represent the attorney general, public defenders, defense counselors, district attorneys, thesecretary of corrections, the state parole board, community corrections, legislators, and the generalpublic.

Chief Justice Lawton Nuss named Hill as his designee. Hill succeeds Court of Appeals Judge PatrickMcAnany.

Sexton succeeds Chief Judge Evelyn Wilson, who serves in Shawnee County of the 3rd Judicial District.Wilson currently chairs the sentencing commission, and Fowler is the vice chair.


May 25, 2018

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District Judge RobertFrederick

Chief Judge Wendel Wurst

New chief judge appointed for 25th Judicial District

TOPEKA—Chief Justice Lawton Nuss announced today the Kansas Supreme Court has appointedDistrict Judge Robert Frederick as chief judge of the 25th Judicial District beginning July 1.

Frederick will succeed Chief Judge Wendel Wurst, who will continue to serve as a district judge in the25th Judicial District.

The 25th Judicial District is composed of Finney, Kearny, Hamilton, Greeley, Wichita, and Scott counties.

Frederick will complete a term that ends December 31, 2019.

"I have closely observed Judge Frederick's capable leadership of the Kansas District Judges Associationduring the last year, so I am confident there will be no drop in the high level of chief judge skills the 25thJudicial District has received from Judge Wurst since 2012," Nuss said.

Frederick is a graduate of the University of Kansas and Washburn University School of Law. He hasserved as a district judge in the 25th Judicial District since 2001.

He has been a member of the Kansas Judicial Council's Family Law Advisory Committee since 2006 anda member of the Kansas Supreme Court Judicial Needs Assessment Committee since 2010. He iscompleting a term as president of the Kansas District Judges Association.

Before becoming a judge, he served as county attorney in Kearny County, Deerfield city attorney, and asan attorney for the Lakin public school district. He also had a general trial practice in Lakin from 1976 to2001.

Wurst has served as district judge in the 25th Judicial District since 2009 and chief judge since 2012.

"I have enjoyed my association with the other remarkable chief judges across the state during my yearsas chief judge and am pleased and grateful that Judge Frederick has agreed to serve our judicial district,"Wurst said. "It is a demanding and difficult position, but Chief Judge Frederick has the demeanor,dedication, and leadership skills to do the job well, and the people, lawyers, and judges of the 25thJudicial District are very lucky he is willing to serve."

Wurst is a native of Sterling and graduated from Kansas State University and University of Kansas Schoolof Law. He operated a general law practice in Garden City for 29 years before becoming a judge.

Each of Kansas' 31 judicial districts has a chief judge who, in addition to his or her judicial responsibilities,has general control over case assignments within the district, as well as general supervisory authorityover the administrative and clerical functions of the court.



Topeka, Kansas 66612-1507 785-296-2256

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May 30, 2018

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New member named, three reappointed to Kansas Commission on Judicial Qualifications

TOPEKA—The Kansas Supreme Court appointed Diane Azorsky, Leawood, and reappointed three other members to the Kansas Commission on Judicial Qualifications.

Their terms end June 30, 2022.

Azorsky is a nonattorney representative on the commission. She is executive director of Gift of Life, Overland Park.

She succeeds Valdenia Winn, a nonattorney member from Kansas City, Kan. Winn is a professor at Kansas City Kansas Community College and a member of the Kansas House of Representatives.

Reappointed were:

District Judge Brenda Cameron, OlatheAllen Glendenning, attorney, Great BendRetired District Judge Larry Hendricks, Topeka

Cameron serves in Johnson County of the 10th Judicial District. Hendricks recently retired from hisposition in Shawnee County of the 3rd Judicial District.

The commission is charged with helping the Supreme Court exercise its responsibility in judicialdisciplinary matters.

The 14-member commission includes six active or retired judges, four attorneys, and four nonattorneys.Members are assigned to one of two panels and meet in alternating months. The chair of the commissionchairs one panel, while the vice chair heads the second panel.

Cameron currently is vice chair of the Commission on Judicial Qualifications and is chair of Panel A,which will include Azorsky. Other Panel A members are:

James Cooper, nonattorney member, Lawrence, and vice chair of the panelTerrence Campell, attorney, LawrenceRetired District Judge Robert Fairchild, Lawrence, who served in Douglas County of the 7th JudicialDistrictNorman Kelly, attorney, SalinaDistrict Magistrate Judge Mary Thrower, Minneapolis, who serves in Ottawa County of the 28thJudicial District.

Chief Judge Nicholas St. Peter, Winfield, serves in Cowley County of the 19th Judicial District. He chairsthe Commission on Judicial Qualifications and is chair of Panel B. Glendenning and Hendricks serve onPanel B. Other Panel B members are:

Diane Sorensen, attorney, Wichita, and vice chair of the panelChief Judge Bradley Ambrosier, Elkhart, who serves in Grant, Haskell, Morton, Seward, Stanton,and Stevens counties of the 26th Judicial DistrictSister Rosemary Kolich, Sisters of Charity of Leavenworth, nonattorney member, LeavenworthSusan Lynn, nonattorney member, Iola.

Douglas Shima, clerk of the appellate courts, is secretary to the commission.



Topeka, Kansas 66612-1507 785-296-2256

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May 30, 2018

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District Judge Gunnar Sundby

Leavenworth County judge to retire, accepts senior judge status

TOPEKA—District Judge Gunnar Sundby will retire June 16 after 20 years of service in the 1st JudicialDistrict but will begin serving as a senior judge for the judicial branch.

The Kansas Supreme Court appointed Sundby as a senior judge effective June 17.

Sundby is a graduate of Washburn University and a 1977 graduate of the Washburn University School ofLaw. He first practiced with Stillings and Caplinger, Atchison, then was elected county attorney forAtchison County, serving from 1980 to 1992. He was a partner in a law firm with J. David Farris for sevenyears until his 1998 appointment as a district judge for Leavenworth County in the 1st Judicial District.

The 1st Judicial District is composed of Atchison and Leavenworth counties.

Sundby said his first nine years on the bench focused on domestic and probate cases. In recent years hehas been assigned to the criminal and prisoner dockets, where he has dealt with thousands of criminalcases, seen prisoners from all over the state, and presided over about 200 jury trials.

Sundby said he has tried "to allow all parties the opportunity to be heard" and added he appreciates thesupport of the residents of Leavenworth County.

Sundby said his new role as senior judge will allow him to remain close to his colleagues, travel the stateas needed, and still serve as a judge.

As a senior judge, he can be assigned to cases being heard in any district court, as well as the Court ofAppeals and the Supreme Court.

Sundby said the part-time work as a senior judge will allow him and his wife, Debbie, to travel and spendmore time with family, which includes four grandchildren.



Topeka, Kansas 66612-1507 785-296-2256

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May 31, 2018

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SeniorJudge Richard Walker

Judge Richard Walker appointed to Kansas Guardianship Program board

TOPEKA—The Kansas Supreme Court appointed Senior Judge Richard Walker to an unexpired term onthe board of directors of the Kansas Guardianship Program. His term will run through June 30, 2019.

Walker succeeds Judge Frank Yeoman Jr., who retired from the Shawnee County District Court inSeptember.

Walker has served as a senior judge for the Kansas Court of Appeals since 2015. He previously served 18 years as a district court judge in Harvey County of the 9th Judicial District and 13 years as chief judge of that district.

The Kansas Guardianship Program recruits volunteers willing to be appointed by a district court as guardians or conservators for adults who have been declared legally unable to manage their lives and financial affairs and who do not have family members available to do that. Guardians or conservators, who receive training and support from the Kansas Guardianship Program, advocate for and protect the rights of these individuals. In 2017, there were more than 760 volunteers serving as guardians and conservators for more than 1,350 people.

A seven-member board governs the statewide program, based in Manhattan. The governor appoints six board members, and the Supreme Court's chief justice appoints the seventh. Other members are Stephen Atherton, Emporia; Rep. Barbara Ballard, Lawrence; Ruth Graham, Topeka; Dave Heinemann, Topeka; Paul Kallman, Scandia; and Wayne Radford, Topeka. Jean Krahn is the executive director.



Topeka, Kansas 66612-1507 785-296-2256

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June 1, 2018

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Electronic filing mandate in Kansas courts to take effect June 25

TOPEKA—Beginning June 25, all Kansas-licensed attorneys who are permitted to practice law underSupreme Court Rule 208(a) must electronically file documents in cases before any state court.

Self-represented parties will continue to file paper documents.

The Kansas Supreme Court amended two rules to support this mandate:

Supreme Court Rule 119: Fax Filing and Service by FaxSupreme Court Rule 122: Electronic Filing and Service by Electronic Means

Attorneys who are not yet filing electronically are encouraged to visit the Kansas Courts Electronic Filingweb page on the judicial branch website to:

register to efileaccess training videosenroll in webinars



Topeka, Kansas 66612-1507 785-296-2256

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June 12, 2018

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The Kansas Supreme Court: seated, from left, Justice Marla Luckert, Chief Justice Lawton Nuss, JusticeCarol Beier; standing, Justice Dan Biles, Justice Eric Rosen, Justice Lee Johnson, Justice Caleb

Stegall.

Supreme Court to conduct special evening session in Manhattan

TOPEKA—The Kansas Supreme Court will conduct a special evening session September 24 at Manhattan High School in Manhattan as part of its ongoing outreach to familiarize Kansans with the high court, its work, and the overall role of the Kansas judiciary.

The court will be in session from 6:30 p.m. to about 8 p.m. Monday, September 24, in the Manhattan High School Auditorium at 2100 Poyntz Avenue.

It will be the Supreme Court’s first visit to Manhattan in the court’s 157-year history, and it will be only the ninth time that the court will hear cases in the evening.

The public is invited to attend the special session to observe the court as it hears oral arguments in two cases to be announced about one month before the special session. After the hearing concludes, the justices will greet the public in an informal reception outside the high school auditorium.

“Community visits are a great way for the people of Kansas to get to know us—to see who we are, what we do, how we do it—and to learn about the judiciary’s role in our society,” said Chief Justice Lawton Nuss. “We encourage anyone who’s ever been curious about Supreme Court proceedings to come. We continue to provide live webcasts of all our courtroom sessions in the Kansas Judicial Center in Topeka, but people tell us there’s nothing like seeing proceedings in person.”

The Supreme Court has conducted several special sessions outside its Topeka courtroom since 2011, when it marked the state's 150th anniversary by convening in the historic Supreme Court courtroom in the Kansas Statehouse. From there, and through the end of 2011, the court conducted special sessions in Salina, Greensburg, and Wichita. Since then, the court has had sessions in Garden City, Hays, Hiawatha, Hutchinson, Kansas City, Overland Park, Pittsburg, Topeka, Winfield, Emporia, and Colby.

The court started conducting evening sessions when it visited Hays in April 2015. That event at Fort Hays State University drew a crowd of nearly 700 people. Subsequent evening sessions have also drawn crowds numbering in the hundreds.

Details about the court's visit to Manhattan are available by following a link on the court's website at www.kscourts.org under What's New. The site will be updated as new information becomes available.



Topeka, Kansas 66612-1507 785-296-2256

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June 14, 2018

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District Magistrate Judge Douglas Bigge

State judges organization honors Rooks County judge

TOPEKA—District Magistrate Judge Douglas Bigge of Rooks County received the Lee Nusser Award forOutstanding Magistrate Judge of 2018.

The award was presented June 8 in Overland Park at the annual meeting of the Kansas DistrictMagistrate Judges Association.

"I am honored and humbled to receive this award." Bigge said. "I know that all of our magistrate judgeswork hard for the residents of the state of Kansas, and to be the one to be honored with this award is veryhumbling."

Bigge, who serves in the 23rd Judicial District, also was re-elected president of KDMJA.

Bigge founded the Rooks County Courthouse Coat Exchange program 17 years ago and establishedSeatbelt Awareness Days for preschoolers through sixth-graders in Rooks County schools. He is a pastleader for the Eager Beaver 4-H Club and has coached youth sports in Stockton and Plainville. He and hiswife, Kori, have a daughter Kourtney.

District Magistrate Judge Blaine Carter from Wabaunsee County of the 2nd Judicial District presented theaward.

Carter said Bigge met all the criteria of the award, which is given to a judge who has exhibited support ofthe Kansas judiciary and the dignity and integrity of the magistrate judges association.

However, Bigge exceeded those qualities when he took over legislative liaison duties for KDMJA, Cartersaid.

At the start of the legislative session in January, the organization's longtime legislative liaison, JudgeTaylor Wine, left his district magistrate judge position when he was appointed a district judge for the 4thJudicial District.

"Judge Bigge took over the reins, with the help of other committee members. He did a fantastic job, bothas legislative liaison and president," Carter said. "It was a lot of work and dedication from him to get thatjob done."

Several times, Bigge made the nearly 500-mile roundtrip from his home in Stockton to Topeka to meetwith legislators, Carter said.

"He is most definitely deserving of this award," Carter said.

Bigge was elected magistrate judge in 1996 to serve Rooks County of the 23rd Judicial District. Hegraduated from Fort Hays State University with a degree in history and has attended the National JudicialCollege in Reno, Nevada. He received his certificate of qualification from the Kansas Supreme Court onJuly 10, 1997.

The award is named for Judge Lee Nusser, who served as a district magistrate judge in Stafford Countyfrom 1976 to 1999. He died in 2003.



Topeka, Kansas 66612-1507 785-296-2256

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June 18, 2018

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District Judge Nancy Parrish

Shawnee County judge receives honor from state judges association

TOPEKA—The Kansas District Judges Association presented its Award for Judicial Excellence to DistrictJudge Nancy Parrish of Topeka.

Parrish received the award during KDJA's recent annual meeting in Overland Park.

"I was totally surprised. It very much touched me, and I am humbled by it," she said.

Her colleague, District Judge Cheryl Rios of the 3rd Judicial District, nominated her for the award.

"She is very professional and a compassionate human being, not only in the way she approaches herwork but with the people she is working with," Rios said.

Rios has known Parrish for several years, first as a litigant appearing before her in court and the last 10years as a judge.

"Kansas is fortunate to have someone like her on the bench," Rios said, and deserves to be honored byher peers statewide.

Parrish is in her 24th year as a district judge in the 3rd Judicial District, composed of Shawnee County.From 2005 to 2013, she was chief judge of the district.

Parrish's appointment as a district judge in 1994 made her résumé fairly unique: experience in all threebranches of Kansas government. She served in the Kansas Senate for 12 years and was secretary of theKansas Department of Revenue for two years.

Before her entry into government service, she taught in Topeka for 11 years and, after earning a lawdegree from Washburn University School of Law, was in private practice in Topeka for seven years.

"It's been an interesting experience seeing government from three different perspectives," Parrish said.

The KDJA Award for Judicial Excellence is presented to a district judge who has served with integrity,dignity, and honor and has conscientiously promoted and elevated confidence and trust in the judicialbranch. The award previously was called the Community Outreach and Education Award.

Additionally, nominees for the award should be knowledgeable of the law and apply it appropriately; showconsiderate and mindful treatment of attorneys, litigants, witnesses, and the public; and have garneredrespect from peers and those involved in the judicial process.

Parrish "embodies the traits and qualities towards which all judges should strive," said Judge DavidKaufman, co-chair of KDJA's Awards and Memorials Committee. Kaufman is a district judge in the 18thJudicial District, composed of Sedgwick County.

Parrish said that in addition to her role as judge, she considers community involvement to be important.

"Serving on various committees and boards gives you a perspective of issues in the community, so I thinkit's important to be involved," she said. "You hope to be an active member of a board. I want to be morethan a name on a letterhead."

She said she was particularly pleased to be involved in a current project spearheaded by the Topeka BarAssociation: a simplified program to help people have their criminal convictions cleaned from theirrecords. Those convictions often can be a barrier to employment.

Parrish said she spent the day at the event on April 20 offering assistance.

"My judicial assignment is criminal cases, and you don't make a lot of people happy. Here, these peoplewere very appreciative," she said.

She and other 3rd Judicial District judges will volunteer their time June 25 and 26 to determine whetherpeople's expungement applications should be granted.

Parrish currently serves on the board of Valeo Community Residence Program in Topeka. The agencyprovides care for adults with mental illness. She also is a member of the advisory boards for CASA (CourtAppointed Special Advocates) and Kansas Legal Services.

She previously has served on boards for the Mental Health Association, Family Service and GuidanceCenter, American Red Cross, Boys' and Girls' Club of Topeka, and Kansas Action for Children.

As a judge, she chaired the Kansas Supreme Court's Child Support Guidelines Advisory Committee from2001 to 2009. Judges and hearing officers follow the guidelines to decide how much child support eachparent pays. She also is a member of the Kansas Judicial Council's Pattern Instruction AdvisoryCommittee, which drafts and keeps current jury instructions for civil and criminal proceedings.

Parrish also is a past president of KDJA.

As a lawmaker, Parrish chaired the Senate's Advisory Commission on Juvenile Offender Programs for 10years.

She earned a bachelor's degree from Kansas State University in 1970 and a master's degree in specialeducation from the University of Kansas in 1974. She graduated in 1984 from the Washburn UniversitySchool of Law, where she has served as an adjunct professor.

Parrish and her husband, Jim, live in Tecumseh. They have four sons, 14 grandchildren, and nine great-grandchildren.



Topeka, Kansas 66612-1507 785-296-2256

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June 18, 2018

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Chief Judge James Fleetwood

Kansas District Judges Association elects 2018-19 officers

TOPEKA—The Kansas District Judges Association, an organization open to all state district court judges,has elected officers to serve the organization in the fiscal year that begins July 1.

Judge James Fleetwood was elected president. He is chief judge of the 18th Judicial District, a one-county district composed of Sedgwick County.

Fleetwood is a long-term resident of Kansas and graduated from Washburn University School of Law. Hehad an active law career in private and corporate practice before he was elected to the bench. He hasserved as district judge in the 18th Judicial District since 1997 and chief judge since 2009.

Other officers elected:

Chief Judge Bruce

Gatterman

Chief Judge Daniel Creitz

Chief Judge Kim Cudney

Judge Bruce Gatterman, president-elect. He is chief judge of the 24th Judicial District, composed ofEdwards, Hodgeman, Lane, Ness, Pawnee, and Rush counties.

Judge Daniel Creitz, secretary. He is chief judge of the 31st Judicial District, composed of Allen, Neosho,Wilson, and Woodson counties.

Judge Kim Cudney, treasurer. She is chief judge of the 12th Judicial District, composed of Cloud, Jewell,Lincoln, Mitchell, Republic, and Washington counties.

The new officers were elected at a recent statewide continuing education conference for judgesconducted in Overland Park.

Stepping down as president is Judge Robert Frederick. He will assume the duties of chief judge of the25th Judicial District on July 1. The district is composed of Finney, Greeley, Hamilton, Kearny, Scott, andWichita counties.



Topeka, Kansas 66612-1507 785-296-2256

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June 18, 2018

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Kansas District Magistrate Judges Association elects officers

TOPEKA—District Magistrate Judge Douglas Bigge was re-elected president of the Kansas DistrictMagistrate Judges Association.

The organization, open to all state district magistrate court judges, elected officers to serve in the fiscalyear that begins July 1. Officers were elected at a statewide conference for judges in Overland Park.

Bigge was elected magistrate judge in 1996 to serve Rooks County of the 23rd Judicial District. Hegraduated from Fort Hays State University with a degree in history and attended the National JudicialCollege in Reno, Nevada. He received his certificate of qualification from the Kansas Supreme Court onJuly 10, 1997.

Other officers elected were:

District Magistrate Judge Marty Clark, elected first vice president. He serves in Russell County ofthe 20th Judicial District.

District Magistrate Judge Brendon Boone, second vice president. He serves in Gove County of the23rd Judicial District.

District Magistrate Judge Jenifer Ashford, third vice president. She serves in Johnson County of the10th Judicial District.

District Magistrate Judge Debra Anderson, re-elected secretary. She serves in Norton County of the17th Judicial District.

District Magistrate Judge Roseanna Mathis, re-elected treasurer. She serves in Kingman County ofthe 30th Judicial District.

Elected to the board of directors were District Magistrate Judge Robert Scott of Johnson County ofthe 10th Judicial District and District Magistrate Judge Janna DeLissa of Wichita County of the 25thJudicial District. Re-elected to the board was District Magistrate Judge Jay Tate of Decatur Countyof the 17th Judicial District.

Judge Douglas Bigge

Judge Marty Clark

Judge Brendon Boone

Judge Jenifer Ashford

Judge Debra

Anderson

Judge Roseanna

Mathis

Judge Robert Scott

Judge Janna DeLissa

Judge Jay Tate

The organization also presented service awards.

Honored for 25 years of service were:

District Magistrate Judge David Casement, serving in Chautauqua County of the 14th JudicialDistrict.

District Magistrate Judge James Kepple, serving in Riley County of the 21st Judicial District.

District Magistrate Judge Roseanna Mathis, serving in Kingman County of the 30th Judicial District.

Honored for 20 years of service were:

District Magistrate Judge Marty Clark, serving in Russell County of the 20th Judicial District.

District Magistrate Judge Janna DeLissa, serving in Wichita County of the 25th Judicial District.

Honored for 10 years of service:

District Magistrate Judge Brian Grace, serving in Lincoln County of the 12th Judicial District.



Topeka, Kansas 66612-1507 785-296-2256

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June 19, 2018

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Lisa TaylorPublic Information Director [email protected]

Kansas Supreme Court accepting public comment on proposed amendments to Rule 712

Amendments will allow attorneys with restricted licenses who work for a single employer to provide specified pro bono services.

TOPEKA—The Kansas Supreme Court is accepting public comment on proposed changes to Rule 712 that will allow an attorney who performs legal services for a single employer to provide pro bono legal services through an organization the Supreme Court has approved for that purpose.

The court will accept comment until 5 p.m. Thursday, July 19. Comment may be made by email to [email protected] with "Rule 712" in the subject line.

Rule 712 currently allows an attorney who has passed another state's bar exam to work for a single employer under a restricted license without taking a Kansas examination.

If adopted, proposed amendments to this rule will allow attorneys with Rule 712 licenses to perform pro bono services through either a not-for-profit civil legal services provider, or an accredited law school clinic, as long as the provider or clinic has been approved by the Supreme Court for that purpose.

Pro bono services are professional services provided by lawyers without payment.

The proposed amended rule is available for review on the Kansas Supreme Court website at www.kscourts.org under the heading What's New.

The Supreme Court regulates the practice of law in Kansas through its authority to admit persons to practice as attorneys in the courts of Kansas, to prescribe rules to supervise attorney conduct, and to discipline attorneys. It also approves rules of procedure and practice used throughout state courts in Kansas.


June 19, 2018

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Nominations sought for judge vacancy in Leavenworth County

TOPEKA—The 1st Judicial District Nominating Commission is seeking nominations to fill a district judgevacancy in Leavenworth County created by the June 16 retirement of Judge Gunnar Sundby.


Justice Eric Rosen, the Kansas Supreme Court departmental justice responsible for the 1st JudicialDistrict, said individuals can apply or be nominated, but nominations must come on a nomination form andinclude the nominee's signature.




a resident of the judicial district at the time of taking office and while holding office.

Nominations must be accompanied by a nomination form available from the clerk of the Atchison CountyDistrict Court, the clerk of the Leavenworth County District Court, the clerk of the appellate courts at theKansas Judicial Center, and the Kansas judicial branch website at www.kscourts.org under What's New.

One original and nine copies of the completed nomination form and supporting letters must be submittedby noon July 18 to:

G. Ronald Bates, commission secretary1st Judicial District Nominating Commission529 Delaware St.Leavenworth KS 66048

The nominating commission will convene to interview nominees at 9 a.m. August 8 in the LeavenworthCounty Justice Center, 601 S. Third St., Leavenworth. Interviews are open to the public.

The commission will select from three to five nominees whose names will be submitted to the governor tofill the position according to statutory qualification and residency requirements. If there are not threenominees who reside in the district who are deemed qualified by the commission, the commission mayconsider nominees who reside outside the judicial district. The governor has 60 days after receiving thenames to decide whom to appoint. After serving one year in office, the new judge must stand for aretention vote in the next general election to remain in the position. If retained, the incumbent will serve afour-year term.

The 1st Judicial District Nominating Commission consists of Rosen as the nonvoting chair and Bates,Leavenworth, as the secretary; Julie Clem, Atchison; Lois Meadows, Tonganoxie; Rosemary Nies,Atchison; Mark Preisinger, Leavenworth; Kevin Reardon, Leavenworth; Todd Thompson, Basehor; andDouglas Waters Jr., Lansing.



Topeka, Kansas 66612-1507 785-296-2256

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The Kansas Supreme Court has added clarifying language to Rule 122.


June 20, 2018

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Kansas Supreme Court adds clarification to Rule 122 in advance of efiling mandate

TOPEKA—The Kansas Supreme Court today updated Rule 122 to add language to clarify that an electronically filed document must include a certificate of service when service is required under K.S.A. 60-205.

The clarifying language was added to the first line of section (d) of Supreme Court Rule 122: Electronic Filing and Service by Electronic Means.

Updated language in the rule appears in Supreme Court order 2018 SC 52 filed today.

Supreme Court Rule 122 was one of two rules recently amended by the court to support its mandate that beginning June 25, all Kansas-licensed attorneys who are permitted to practice law under Supreme Court Rule 208(a) must electronically file documents in cases before any state court.

The second rule amended to support the efiling mandate is Supreme Court Rule 119: Fax Filing and Service by Fax.

Attorneys who are not yet filing electronically are encouraged to visit the Kansas Courts Electronic Filing web page on the judicial branch website to:

• register to efile• access training videos• enroll in webinars


June 21, 2018

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Nominees sought for district magistrate judge vacancy in 30th Judicial District

TOPEKA—The 30th Judicial District Nominating Commission is seeking nominations for a districtmagistrate judge opening in Barber County that will become available when Judge Richard Raleighvacates the position, effective July 6.

The 30th Judicial District is composed of Barber, Harper, Kingman, Pratt, and Sumner counties.

Justice Carol Beier, the Supreme Court departmental justice responsible for the 30th Judicial District, saidpersons can apply or be nominated by others for the position, but the person must submit a completednomination form and release, including the nominee's signature.



a resident of Barber County at the time of taking office and while holding office; and

either a lawyer admitted to practice in Kansas, or able to pass a certification examination given bythe Supreme Court within 18 months.

Nomination forms are available from the clerk of the district court in Barber, Harper, Kingman, Pratt, and Sumner counties; the clerk of the appellate courts at the Kansas Judicial Center; or the Kansas judicial branch website at www.kscourts.org under What's New.

One original and 11 copies of the completed nomination form and supporting letters or other relevant documents must be submitted by 3 p.m. Friday, July 20, to:

Office of the Clerk of the Appellate Courts Attn: Shelby Swafford Kansas Judicial Center 301 SW 10th Ave., Room 107 Topeka KS 66612-1507

The nominating commission will convene to interview nominees at 9 a.m. Friday, August 17, in the BarberCounty Courthouse district courtroom, Medicine Lodge. Interviews are open to the public. Thecommission will then appoint a district magistrate judge. After serving one year in office, the newmagistrate judge must stand for a retention vote in the next general election to remain in the position. Ifretained, the incumbent will then serve a four-year term.

The 30th Judicial District Nominating Commission consists of Beier as the nonvoting chair; SidneyBurkholder, Harper; Lance Dixon, Kingman; Robert Eisenhauer, Pratt; Elaine Esparza, Harper; AlanGoering, Medicine Lodge; Gregory Graffman, Kingman; Melvin Matlock, Belle Plaine; Jason Roberts,Pratt; Richard Swayden, Medicine Lodge; and Phillip Unruh, Harper.



Topeka, Kansas 66612-1507 785-296-2256

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The Supreme Court has released its decision in Gannon v State. Link and summary follow.


June 25, 2018

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DECISION: No. 113,267: Luke Gannon, et al v. State of Kansas, et al

In its decision released today, the Kansas Supreme Court held the State has not shown that the school finance laws enacted during the 2017 and 2018 legislative sessions meet the adequacy requirement in Article 6 of the Kansas Constitution. But if the State chooses to make timely financial adjustments in response to problems identified with its selected plan and the accompanying calculations and then by completing that plan, the State can bring the K-12 public school finance system into constitutional compliance with the adequacy requirement. The court also held the new laws resolve the equity violations identified in Gannon V, the court's October 2017 decision. The court additionally held that the newly-created equity violations alleged by the plaintiffs do not exist. At the State's request, the court withheld any remedial action until June 30, 2019, to give the legislature an opportunity to make the required adjustments. This is the court's sixth decision in this lawsuit.

The new school finance laws were enacted by the legislature in response to the court's Gannon IV and Gannon V decisions. In Gannon IV, decided in March 2017, the court affirmed the lower court's holding that substantial funding cuts to the state's K-12 finance system beginning in 2009 led to a marked decline in student achievement, as measured by various standardized tests. The court concluded the 2015 legislature's Classroom Learning Assuring Student Success Act (CLASS) did not fix the problems, i.e., CLASS was not reasonably calculated to have all Kansas K-12 public school students meet or exceed the constitutional standards.

In Gannon V, the court held the State failed to meet its burden of showing that the remedial legislation enacted during the 2017 legislative session fixed the problems after Gannon IV. The court also held that four provisions of the new law created or exacerbated unconstitutional wealth-based inequities. But the court generally approved of the 2017 legislature's adoption of the Kansas School Equity and Enhancement Act (KSEEA).

The KSEEA provides a fixed amount of funding per student called the base aid amount. It then utilizes certain weightings, such as the at-risk student weighting, to increase that base aid funding because some

Page 1 of 2

students require more resources and some districts have factors that increase costs. The KSEEA was modeled after the School District Finance and Quality Performance Act (SDFQPA)—an act that had existed for 23 years before the 2015 legislature repealed and replaced it with CLASS.

In its May 22, 2018, argument before the court, the State contended it had complied with Article 6 by returning to the basic formula and resultant funding approved by the supreme court in July 2006 when it dismissed an earlier school finance lawsuit, Montoy v. State. The court summarized that "'the State claims it has raised education funding to at least such levels as to be firmly anchored in this self-described 'Montoy safe harbor.'"

The State's plan to do so was presented to the court in part through an April 23, 2018, memo from the Kansas Legislative Research Department. The memo concluded that after some other modifications, the 2018 Legislature still needed to add around $522 million of principal to reach the Montoy safe harbor. But the court identified two problems with the calculations presented in that memo: (1) the failure to consistently follow the memo's approach and adjust two years of funding for inflation through the approaching 2018-19 school year, which would yield a new principal amount owed to the school districts; and (2) the failure to adjust for inflation until the principal sum owed to the districts was paid in full—approximately 5 years, according to the State's plan.

The court also held that the Kansas Constitution's Article 6 equity requirement was not violated by: (1) requiring a protest petition procedure if a local school district wants to adopt a local option budget (LOB) greater than the statewide average for the preceding school year as determined by the state board of education; (2) requiring all districts to adopt a 15% LOB; or (3) requiring districts to transfer funds from their LOB to their district's at-risk and bilingual funds, based on a proportional formula. Although the court ultimately held the funding fell short of the legislature's goal of reaching the Montoy safe harbor, it acknowledged the "considerable amount of total funding" added in school year 2017-18 and scheduled to be added through school year 2022-23. The court stayed issuance of its order until June 30, 2019, to allow the legislature ample time to bring the school finance system into compliance with Article 6 of the Kansas Constitution. Briefs are due April 15, 2019, and oral arguments are scheduled for May 9 to review whatever remedial legislation may be enacted.

All previously filed documents are available on the Gannon v. State case page.

State of KansasOffice of Judicial Administration

Kansas Judicial Center301 SW 10th

Topeka, Kansas 66612-1507785-296-2256

www.kscourts.org

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June 26, 2018

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Two appointed to Client Protection Fund Commission

TOPEKA—The Kansas Supreme Court appointed Christopher Sook, an attorney from Hays, and DavidTrevino, an attorney from Lawrence, to three-year terms on the Client Protection Fund Commission.

Their terms begin July 1 and end June 30, 2021. The two succeed Charles “Ed” Watson, an attorney fromWichita, and Aaron Kite, an attorney from Dodge City, who completed their terms on the commission.

The Lawyers Fund for Client Protection, which the board oversees, compensates people who suffereconomic loss as a result of dishonest actions by Kansas lawyers. The fund is financed by annualregistration fees paid by attorneys to practice law in the state.

Out of nearly 11,000 lawyers actively licensed to practice in the state, typically fewer than 15 lawyers eachyear have been subject to claims made to the client protection fund.

The commission is composed of one judge, four actively practicing attorneys, and two nonattorneys.

Other members of the commission are Carrie Allton, attorney, Lawrence; Douglas Anstaett, nonattorney,Topeka; Thomas Hammond II, attorney, Overland Park; Beth Love, nonattorney, Dodge City; and DistrictJudge Michael Ward, who serves in Butler County of the 13th Judicial District.

Douglas Shima, clerk of the appellate courts, serves as secretary of the commission.


June 26, 2018

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Four appointed to Judges Manual Committee

TOPEKA—The Kansas Supreme Court appointed District Magistrate Judge Renee Henke to a two-yearterm on the Judges Manual Committee.

Her term begins July 1 and ends June 30, 2020. Henke serves in Osborne County of the 17th JudicialDistrict.

Reappointed to two-year terms were:

District Magistrate Judge Kristin Hutchison, who serves in Elk County of the 13th Judicial District.Chief Judge Peggy Carr Kittel of the 7th Judicial District, composed of Douglas County.District Judge Marilyn Wilder, who serves in Harvey County of the 9th Judicial District.

The committee composes and updates a manual for Kansas district judges and district magistrate judges.

District Magistrate Judge Renee Henke

District Magistrate Judge Kristin Hutchison

Chief Judge Peggy Carr Kittel

District Judge Marilyn Wilder



Topeka, Kansas 66612-1507 785-296-2256

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June 27, 2018

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Six judges appointed to Judicial Education Advisory Committee

TOPEKA—The Kansas Supreme Court appointed five judges to the Judicial Education AdvisoryCommittee and reappointed a sixth judge.

Appointed to three-year terms beginning July 1 and ending June 30, 2021 were:

District Magistrate Judge Julie Cowell, serving in Pawnee County of the 24th Judicial DistrictDistrict Judge Steven Hornbaker, serving in Geary County of the 8th Judicial DistrictDistrict Magistrate Judge Paula Keller, serving in Cheyenne County of the 15th Judicial DistrictDistrict Judge John Weingart, serving in Brown County of the 22nd Judicial DistrictDistrict Judge Robert Wonnell, serving in Johnson County of the 10th Judicial District.

The court reappointed District Magistrate Judge Douglas Jones to a three-year term. He serves in ChaseCounty of the 5th Judicial District.

The Judicial Education Advisory Committee recommends and organizes education and training programsfor Kansas appellate judges, district judges, and district magistrate judges. Members include judges fromeach of the six judicial departments in the state, a representative from the Office of JudicialAdministration, and a Supreme Court justice.

District Magistrate Judge Julie Cowell

District Judge Steven Hornbaker

District Magistrate Judge Paula Keller

District Judge John Weingart

District Judge Robert Wonnell

District Magistrate Judge Douglas Jones



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June 27, 2018

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District Magistrate Judge Deb Anderson

Anderson reappointed to District Magistrate Judges Certification Committee

TOPEKA—The Kansas Supreme Court reappointed District Magistrate Judge Deb Anderson to theDistrict Magistrate Judges Certification Committee.

Her four-year term begins July 1 and ends June 30, 2022.

Anderson serves in Norton County of the 17th Judicial District, which also includes Decatur, Graham,Osborne, Phillips, and Smith counties.

The committee oversees the certification of district magistrate judges. Magistrates who are not licensedattorneys must complete a certification program overseen by the Supreme Court.



Topeka, Kansas 66612-1507 785-296-2256

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July 2, 2018

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Supreme Court appoints members to Permanency Planning Task Force

TOPEKA—The Kansas Supreme Court appointed four people to the Supreme Court PermanencyPlanning Task Force and reappointed two others.

Their four-year terms begin July 1 and end June 30, 2022.

The new members are:

Deb Dickerhoof, coordinator, citizen review board, 5th Judicial District, composed of Lyon andChase counties

District Judge Mary Christopher, who serves in the 3rd Judicial District, composed of ShawneeCounty

Kathy Ray, director of advocacy and education, Kansas Coalition Against Sexual and DomesticViolence

Laura Jurgensen, assistant director of early childhood, special education, and title services, KansasState Department of Education.

The court reappointed:

District Magistrate Judge Mary Thrower, who serves in Ottawa County of the 28th Judicial District

Vivien Olsen, tribal attorney, Prairie Band Potawatomi Nation

The Kansas Supreme Court established the working task force in 1984. It advises the court on ways toprovide and improve the care of children who are under jurisdiction of the court. Its responsibilities

include:

developing and implementing a strategic plan for child welfare oversight;

collaborating with district courts, the Kansas Department for Children and Families, and NativeAmerican tribes in Kansas;

developing and implementing statewide legal training;

reviewing federally funded child and family services.

Overall, the task force recommends improvements and suggests programs that help children placed infoster care find safe, permanent homes as quickly as possible.

The 18-member task force includes district court judges, district magistrate judges, lawyers, court-appointed guardians, prosecutors, and representatives from Indian tribal courts, state agencies, CourtAppointed Special Advocates; citizen review boards, and mental health, behavioral health, and substanceabuse treatment providers.



Topeka, Kansas 66612-1507 785-296-2256

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July 2, 2018

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Seven appointed to Alternative Dispute Resolution Council

TOPEKA—The Kansas Supreme Court appointed five new members to the Alternative DisputeResolution Council and reappointed two more.

All will serve from July 1 through June 30, 2021.

New members are:

Denise Parker, court services officer and approved mediator for the 16th Judicial District, composedof Clark, Comanche, Ford, Gray, Kiowa, and Meade counties

Jenna Esquibel, court services officer and approved mediator, 10th Judicial District, composed ofJohnson County

Sharon Seidler, approved mediator, Riley County Domestic Mediation Services

Laura Lewis, approved mediator, 16th Judicial District

Sara Wheeler, court services officer and approved mediator, 13th Judicial District, composed ofButler, Greenwood, and Elk counties.

Reappointed were:

District Judge Sally Pokorny, Lawrence, who serves in Douglas County of the 7th Judicial District

Roxanne Emmert-Davis, mediator and trainer in Shawnee County.

The Dispute Resolution Act established dispute resolution as a means to resolve issues without litigation,using an impartial third party to help the two sides reach a settlement.

Council members are knowledgeable about and trained in dispute resolution. The council advises theSupreme Court and its director of dispute resolution.



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July 3, 2018

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Kansas Supreme Court appoints two judges to Municipal Court Judges EducationCommittee

TOPEKA—The Kansas Supreme Court appointed Municipal Judge Nancy Muck and Municipal JudgeJason Maxwell to the Municipal Court Judges Education Committee.

Muck is municipal judge for the city of Osborne. Maxwell is municipal judge for the city of Liberal.

Their terms began July 1 and end June 30, 2021.

The committee recommends and organizes education and training programs for municipal judges andcertifies municipal judges who are not lawyers.

Members of the committee include municipal judges, a representative of the Office of JudicialAdministration, the president and past-president of the Kansas Municipal Judges Association, and aSupreme Court justice.



Topeka, Kansas 66612-1507 785-296-2256

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July 3, 2018

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Kansas Supreme Court appoints three to Language Access Committee

TOPEKA—The Kansas Supreme Court appointed Oscar Marino, Lawrence, and Maura Miller, Olathe, to the Language Access Committee.

The court also reappointed District Judge Teresa Watson, who serves in Shawnee County of the 3rd Judicial District.

Their terms began July 1 and end June 30, 2021.

Marino and Miller are Spanish-language interpreters.

The committee makes recommendations to the Supreme Court to ensure that people with limited English skills can access services of the Kansas district courts.



Topeka, Kansas 66612-1507 785-296-2256

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July 6, 2018

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Kansas Supreme Court appoints new members to Access to Justice Committee

TOPEKA—The Kansas Supreme Court appointed five new members to the Access to Justice Committee and reappointed two others.

Four of the new members have terms that began July 1 and end June 30, 2021. They are:

Chief Judge James Fleetwood of the 18th Judicial District, composed of Sedgwick County.

Christie Campbell, Wichita, Kansas Legal Services.

Ruth Wheeler, district court administrator, 5th Judicial District, composed of Chase and Lyoncounties.

District Judge William Ossmann of the 3rd Judicial District, composed of Shawnee County.

The court also appointed Marcia Hannon to complete an unexpired term that ends June 30, 2020.Hannon is assistant director of the Kansas Supreme Court Law Library and succeeds Stephine Bowmanof Kansas Coalition Against Sexual and Domestic Violence.

The court reappointed two others to serve additional three-year terms ending June 30, 2021:

Chief Judge Joe Dickinson of the 9th Judicial District, composed of Harvey and McPhersoncounties.

District Magistrate Judge Starla Borg Nelson, serving in Republic County of the 12th Judicial District,also composed of Cloud, Jewell, Lincoln, Mitchell, and Washington counties.

The Access to Justice Committee makes recommendations to the Supreme Court about issues such asincreasing the resources available for legal services for low-income litigants in civil cases; improvingplanning and coordination of legal services delivery; and reducing potential barriers to equal access tojustice.

Two original members of the Pro Se Committee—as it was called in 2007 when it was created—arestepping down:

John Steelman, court administrator of the 4th Judicial District, composed of Anderson, Coffey,Franklin, and Osage counties.

Marilyn Harp, Lawrence, executive director, Kansas Legal Services.

Also leaving the committee are:

Retired Judge A.J. Wachter, who was chief judge of the 11th Judicial District, composed ofCherokee, Crawford, and Labette counties.

Chief Judge Van Hampton of the 16th Judicial District, composed of Clark, Comanche, Ford, Gray,Kiowa, and Meade counties.

Other members of the committee are:

Melanie Branham, Overland Park, attorney.

District Magistrate Judge James Kepple, serving in Riley County of the 21st Judicial District, whichalso is composed of Clay County.

District Judge Bill Klapper of the 29th Judicial District, composed of Wyandotte County.

Cindy MacDonald, district court clerk in Dickinson County of the 8th Judicial District, also composedof Geary, Marion, and Morris counties.

Eric Rosenblad, Pittsburg, Kansas Legal Services.

Chief Judge Nicholas St. Peter of the 19th Judicial District, composed of Cowley County.



Topeka, Kansas 66612-1507 785-296-2256

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July 13, 2018

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Kansas Supreme Court reappoints eCourt Steering Committeemembers

TOPEKA—Chief Justice Lawton Nuss of the Kansas Supreme Court reappointed members tothe eCourt Steering Committee, which is overseeing implementation of a centralized casemanagement system that will allow all district and appellate case data to reside on a single web-based platform, transforming the way state courts serve the people of Kansas.

Supreme Court Justice Dan Biles chairs the committee. Other members reappointed for one-year terms were:

Chief Judge Karen Arnold-Burger of the Kansas Court of Appeals.

Christine Blake, clerk of the district court in Finney County of the 25th Judicial District.

William Burns Jr., district court administrator of the 29th Judicial District, composed ofWyandotte County.

Nancy Dixon, judicial administrator, Office of Judicial Administration.

Kelly O'Brien, director of information systems, Office of Judicial Administration.

Katherine Oliver, clerk of the district court in Riley County of the 21st Judicial District.

Chief Judge Michael Powers of the 8th Judicial District, composed of Dickinson, Geary,Marion, and Morris counties.

Chief Judge Thomas Kelly Ryan of the 10th Judicial District, composed of JohnsonCounty.

Doug Shima, clerk of the appellate courts.

Supreme Court Justice Caleb Stegall.

Senior Judge David Stutzman.

District Magistrate Judge Debra Wright, serving in Mitchell County of the 12th JudicialDistrict.

Installation of the centralized case management system is a key component in the KansasSupreme Court's eCourt plan. It will complete the conversion from local, paper-driven processesto a statewide electronic one. The Supreme Court's vision for Kansas eCourt:

More efficient, effective court operations, and increased access to justice for the people ofKansas.

Enabling web-based access to court information.

Standardized statewide case processing that enables workshare and provides aconsistent user experience.

The conversion to the centralized case management system is expected to take three to fouryears. Once the system is designed and completed, it will be launched in a phased roll-outbeginning next year. The judicial branch entered into an $11.5 million contract with TylerTechnologies of Plano, Texas, to customize and use its Odyssey Case Manager™ system.

The 2014 Legislature established the Electronic Filing and Case Management Fund withdeposits from docket fees dedicated to finalizing the efiling project and implementing centralizedcase management under the Supreme Court's eCourt plan. By statute, each year through fiscalyear 2021, the first $3.1 million received in docket fee revenue will be deposited into that fund. Infiscal year 2022 and later years, the first $1.5 million in docket fee revenue is directed into thefund for eCourt maintenance.


Kansas Judicial Center 301 SW 10th Avenue

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August 17, 2018

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District magistrate judge selected for Barber CountyTOPEKA—The 30th Judicial District Nominating Commission has selected Candace R. Lattin ofIuka to fill a magistrate judge vacancy in Barber County.

The commission conducted public interviews of nominees for the position today in MedicineLodge. Five people had applied for the opening.

Lattin's new position will be effective upon her swearing-in. She is a practicing attorney in PrattCounty.

The 30th Judicial District is composed of Barber, Harper, Kingman, Pratt, and Sumner counties.The vacancy was created when District Magistrate Judge Richard Raleigh vacated the positionJuly 6.

Kansas law requires that a magistrate judge:

be a resident of the county at the time of swearing-in and while serving.be at least 30 years old.have graduated from a high school, secondary school, or the equivalent.either be a lawyer admitted to practice in Kansas or pass an examination given by theKansas Supreme Court and become certified within 18 months.

After serving one year in office, the new magistrate judge must stand for a retention vote in thenext general election to remain in the position. If retained, the incumbent will serve a four-yearterm.

Supreme Court Justice Carol Beier is the nonvoting chair of the 30th Judicial District NominatingCommission. Members are Sidney Burkholder, Harper; Lance Dixon, Kingman; RobertEisenhauer, Pratt; Elaine Esparza, Harper; Alan Goering, Medicine Lodge; Gregory Graffman,Kingman; Melvin Matlock, Belle Plaine; Jason Roberts, Pratt; Richard Swayden, MedicineLodge; and Phillip Unruh, Harper.



Topeka, KS 66612-1507 785-296-2256

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July 18, 2018

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Nick Badgerow

Longtime member of Kansas Judicial Council steps downTOPEKA—Nick Badgerow, an Overland Park attorney, has stepped down after serving 24 yearson the Kansas Judicial Council, which reviews the administration of justice in the state.

“I have been proud and happy to serve the council over these decades, as it has allowed me tointeract with the finest judges, lawyers, legislators and educators in the state," Badgerow said."The council’s work is little known and often unappreciated, but during this time we have crafted,presented, supported, and watched the passage of lots of very important legislation, all of whichhas improved the administration of justice for our citizens."

His service on the council was just one of several appointments involving the judiciary and thelegal profession during his more than 40 years as a practicing lawyer. He also was:

A member of the Kansas State Board of Discipline for Attorneys for 16 years.

Chair of the Supreme Court's Ethics 2000 Commission and its Ethics 20/20 Commission.

Chair of the Johnson County Ethics and Grievance Committee for 30 years.

Chair of the Kansas Bar Association Ethics Advisory Opinion Committee since 2005.

Editor and coauthor of the KBA's Ethics Handbook, 2015 edition.

Badgerow joined the Judicial Council in 1994.

Chief Justice Lawton Nuss of the Kansas Supreme Court praised Badgerow's lengthy service.

"During Nick’s long tenure on the Judicial Council, he served as chair of the council’s civil codeadvisory committee and led many special studies," he said. "His leadership has resulted insignificant improvements to our state’s justice system.

"Nick generously and diligently gave his time and shared his knowledge to better the lives ofKansans. The Kansas Supreme Court and the council are thankful for his exceptional service,"Nuss added.

F. James Robinson Jr., a Wichita attorney, will complete Badgerow's term on the council throughJune 30, 2021.

Of Robinson, Badgerow said, "Jim Robinson is a good friend, a great lawyer, and a greatKansan. I am proud to see him take my chair on the council, where I know he will do greatthings."

The Judicial Council can recommend to the Supreme Court or the Kansas Legislature changesregarding specific areas of the law or rules used by the courts. The council also can be asked todraft legislation and court rules. The council produces books and manuals, publishes legal formsfor use in the state's courts, and prepares jury instructions.

The 10-member council includes one member of the Supreme Court, one member of the KansasCourt of Appeals, two district court judges and four practicing attorneys, all appointed by thechief justice. The chairs of the Kansas House and Kansas Senate judiciary committees also aremembers. Supreme Court Justice Marla Luckert chairs the council.

Badgerow graduated from law school at the University of Missouri at Kansas City. He has triedmore than 50 jury trials in the Kansas City area and others throughout the Midwest. He alsofrequently serves as a construction arbitrator and mediator and a consultant and expert witnesson legal ethics.

Additionally, he has written and published more than 60 journal articles, mostly on ethics andprofessionalism, and has presented more than 200 seminars on the same subjects.



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July 18, 2018

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F. James Robinson Jr.

Wichita attorney appointed to Kansas Judicial CouncilTOPEKA—Chief Justice Lawton Nuss of the Kansas Supreme Court appointed F. JamesRobinson Jr., Wichita, to a vacancy on the Kansas Judicial Council.

His term on the Judicial Council will expire June 30, 2021.

Robinson is a senior partner with the law firm of Hite, Fanning & Honeyman, Wichita. He joinedthe firm after graduating from the University of Kansas School of Law in 1983. He earned abachelor's degree from Southwestern College.

Robinson succeeds J. Nick Badgerow of Overland Park, who retired from the council afterserving since 1994. Badgerow is a partner in the law firm of Spencer Fane and is based at itsOverland Park office.

"The Judicial Council is honored to have someone with Jim’s experience, qualifications, andoutstanding reputation agree to serve on the council," Nuss said. "Jim has devoted himself toimproving and defending the judicial system and will undoubtedly continue doing so as amember of the council."

The Judicial Council reviews the administration of justice in Kansas. It can recommend to theSupreme Court or the Kansas Legislature changes regarding specific areas of the law or rulesused by the courts. The council also can be asked to draft legislation and court rules. The councilproduces books and manuals, publishes legal forms for use in the state's courts, and preparesjury instructions.

The 10-member council includes one member of the Kansas Supreme Court, one member of theKansas Court of Appeals, two district court judges and four practicing attorneys, all appointed bythe chief justice. The chairs of the Kansas House and Kansas Senate judiciary committees alsoare members.

Supreme Court Justice Marla Luckert chairs the council. Other members are:

Rep. Blaine Finch, Ottawa.

Judge Stephen Hill, Kansas Court of Appeals, Topeka.

Joseph Jeter, Hays.

Chief Judge Mike Keeley, Great Bend, of the 20th Judicial District, composed of Barton,Ellsworth, Rice, Russell, and Stafford counties.

Stephen Robison, Wichita.

District Judge Maritza Segarra, Junction City, who serves in Geary County of the 8thJudicial District.

Sarah Shattuck, Ashland.

Sen. Rick Wilborn, McPherson.



Topeka, KS 66612-1507

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July 19, 2018

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1st Judicial District Nominating Commission to interview nomineesfor district judge vacancy

TOPEKA — The 1st Judicial District Nominating Commission will convene at 9 a.m. August 8 tointerview nominees to fill a district judge vacancy in Leavenworth County created by the June 16retirement of Judge Gunnar Sundby.

Interviews are open to the public. They will take place at Leavenworth County Justice Center,601 S. Third St., Leavenworth.


The nominees are:

Pamela Campbell Burton, Leavenworth, attorney and owner, Murray, Tillotson & Burton.

Amy C. Coppola, Abilene, assistant county attorney, Dickinson County.

Terri L. Harris, Basehor, attorney and partner, Harris & Henderson.

Michael G. Jones, Lansing, county attorney, Leavenworth County.

Christopher J. Kellogg, Leavenworth, administrative law judge, Kansas Department ofAdministration.

Keyta D. Kelly, Leavenworth, attorney and partner, Kelly Law Office.

Gerald R. Kuckelman, Atchison, county attorney, Atchison County.

Joan M. Lowdon, Bonner Springs, deputy county attorney, Leavenworth County.

Geoffrey C. Sonntag, Tonganoxie, attorney and owner, Sonntag Law Office.

The commission will select from three to five nominees whose names will be submitted to thegovernor to fill the position according to statutory qualification and residency requirements. Ifthere are not three nominees who reside in the judicial district who are deemed qualified by thecommission, the commission may consider nominees who reside outside the district. Thegovernor has 60 days after receiving the names to decide whom to appoint. After serving oneyear in office, the new judge must stand for a retention vote in the next general election toremain in the position. If retained, the incumbent will serve a four-year term.



a lawyer admitted to practice in Kansas and engaged in the practice of law for at least fiveyears, whether as a lawyer, judge, or full-time teacher at an accredited law school; and


The 1st Judicial District Nominating Commission consists of Justice Eric Rosen of the KansasSupreme Court as the nonvoting chair; G. Ronald Bates, Leavenworth; Julie Clem, Atchison;Lois Meadows, Tonganoxie; Rosemary Nies, Atchison; Mark Preisinger, Leavenworth; KevinReardon, Leavenworth; Todd Thompson, Basehor; and Douglas Waters Jr., Lansing.



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July 20, 2018

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30th Judicial District Nominating Commission announces nomineesfor district magistrate judge

TOPEKA — The 30th Judicial District Nominating Commission released the names of fivepeople who applied to fill a district magistrate judge vacancy in Barber County.

Judge Richard Raleigh vacated the position July 6.

The commission will convene at 9 a.m. August 17 in the Barber County Courthouse courtroom,118 E. Washington, Medicine Lodge, to conduct interviews, which are open to the public.


The nominees are:

Tyson R. Eisenhauer, Pratt, attorney.

Heather Kinsler, Kingman, nonattorney.

Candace Renea Lattin, Iuka, attorney.

Bryan K. Quick, Hazelton, nonattorney.

Brendon J. Woods, Sun City, nonattorney.



a resident of Barber County at the time of taking office and while holding office; and

either a lawyer admitted to practice in Kansas, or able to pass an examination given bythe Supreme Court to become certified within 18 months.

After interviews conclude, the commission will appoint the district magistrate judge. After servingone year in office, the new magistrate judge must stand for a retention vote in the next generalelection to remain in the position. If retained, the incumbent will serve a four-year term.

Supreme Court Justice Carol Beier is the nonvoting chair of the 30th Judicial District NominatingCommission. Members are Sidney Burkholder, Harper; Lance Dixon, Kingman; RobertEisenhauer, Pratt; Elaine Esparza, Harper; Alan Goering, Medicine Lodge; Gregory Graffman,Kingman; Melvin Matlock, Belle Plaine; Jason Roberts, Pratt; Richard Swayden, MedicineLodge; and Phillip Unruh, Harper.



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July 25, 2018

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Supreme Court announces cases for September special session inManhattan

TOPEKA—The Kansas Supreme Court announced the two cases it will hear in a special sessionMonday, September 24, at Manhattan High School, the next destination in the court's ongoingoutreach to familiarize Kansans with the high court, its work, and the overall role of the Kansasjudiciary.

The court will be in session from 6:30 p.m. to about 8 p.m. in the auditorium at Manhattan High School, 2100 Poyntz Ave.

After the session concludes, the justices will greet the public in an informal reception outside the auditorium.

“The Supreme Court extends a personal invitation to the people of Manhattan and surrounding communities to come see your state's highest court in action,” said Chief Justice Lawton Nuss. “It’s a much more personal experience than watching the online broadcasts we’ve provided of all our court sessions since 2012. Plus, we get the pleasure of visiting with you afterward.”

The docket for the September 24 special session includes two cases:

Appeal No. 116,690: State of Kansas v. Lee Edward Williams

Wyandotte County: (Criminal Appeal) Williams was charged and convicted of first-degree murder and criminal possession of a firearm in the 2013 killing of his child's mother. Witnesses testified he shot the victim multiple times, then fled. In 2016, the district court sentenced Williams to life imprisonment with a minimum of 25 years served before parole eligibility for the first-degree murder conviction and a consecutive term of 20 months for criminal possession of a firearm. Issues on appeal include whether: 1) the State committed prosecutorial error in closing argument by stating Williams had lied; 2) the trial court erred in denying Williams' Batson challenge; 3) the trial court erred in admitting autopsy photographs of the victim; and 4) the cumulative error denied Williams a fair trial.

Appeal No. 113,933: Carl B. Davis, Bankruptcy Trustee, in the Matter of Cheryl A. Harrell v. Mark A. Judd, O.D., and Mark A. Judd, O.D., P.A.

Barton County: (Petition for Review) Harrell, as administrator of her late husband's estate, sold his optometry practice to Judd in 2006. The agreement obligated Judd to pay Harrell a percentage of the practice's yearly gross revenues through 2015, provided those revenues exceeded a certain amount. Later, Judd decided the payments violated Kansas optometry law and stopped payment. Harrell sued Judd for breach of contract; she later declared bankruptcy. The district court entered summary judgment in favor of the bankruptcy trustee in 2015, one month after Harrell's death. In 2016, the Court of Appeals held the purchase agreement was enforceable but reversed the district court's denial of the bankruptcy trustee's request for prejudgment interest and remanded with directions to award prejudgment interest. Issues on review are whether: 1) the payments made to Harrell were legal under Kansas optometry law; and 2) prejudgment interest should be awarded.

Summaries of the cases and briefs filed by the attorneys involved are available online by following the Manhattan Special Session link under What’s New on the Kansas judicial branch website at www.kscourts.org.

Anyone who wants to attend the special session should plan to arrive early to allow time to get through security screening. Doors open at 6 p.m. Court security offers these guidelines to ease the process:

Do not bring food or drink.Do not bring large bags, large purses, backpacks, computer cases, or briefcases.Do not bring knives, pepper spray, firearms, or weapons.Do not bring electronic devices like laptop computers, handheld games, personal digitalassistants, or tablets. If you must carry a cell phone, turn it off and store it out of sightwhile court is in session.

Audience members are prohibited from talking during oral arguments because it interferes with the attorneys’ remarks and questions asked by the justices. If someone arrives after proceedings start, or must leave the auditorium before it ends, he or she should be as quiet as possible entering and exiting the auditorium. Talking immediately outside the auditorium is also discouraged.

The special session will also be broadcast live over the Internet. The livestream may be accessed selecting the Watch Supreme Court Live! link on the judicial branch home page at www.kscourts.org.

Manhattan High School is the court’s 16th destination since 2011, when it first convened outside of the Kansas Judicial Center to mark the state's 150th anniversary.

Stops in 2011 included the historic Supreme Court courtroom in the Capitol, and locations in Salina, Greensburg, and Wichita. The court visited Overland Park in 2012; Pittsburg in 2013; Kansas City, Kan., in 2014; Hays and Garden City in 2015; Topeka, Hiawatha, and Hutchinson in 2016; Winfield and Emporia in 2017; and Colby in 2018.

The court started conducting evening sessions when it visited Fort Hays State University in April 2015. That event drew a crowd of nearly 700 people. Subsequent evening sessions have also drawn crowds numbering in the hundreds.



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August 10, 2018

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CORRECTED to show accurate job title for Michael Jones

1st Judicial District Nominating Commission submits nominees fordistrict judge vacancy in Leavenworth County

TOPEKA — The 1st Judicial District Nominating Commission has sent the names of fournominees for district judge to Gov. Jeff Colyer, who has 60 days to decide who will fill thevacancy created by the June 16 retirement of Judge Gunnar Sundby.


The nominees are:

Terri L. Harris, Basehor, attorney and partner, Harris & Henderson.

Michael G. Jones, Lansing, assistant county attorney, Leavenworth County.

Gerald R. Kuckelman, Atchison, county attorney, Atchison County.

Joan M. Lowdon, Bonner Springs, deputy county attorney, Leavenworth County.



a lawyer admitted to practice in Kansas and engaged in the practice of law for at least fiveyears, whether as a lawyer, judge, or full-time teacher at an accredited law school; and


The 1st Judicial District Nominating Commission consists of Justice Eric Rosen of the KansasSupreme Court as the nonvoting chair; Ronald Bates, Leavenworth; Julie Clem, Atchison; LoisMeadows, Tonganoxie; Rosemary Nies, Atchison; Mark Preisinger, Leavenworth; KevinReardon, Leavenworth; Todd Thompson, Basehor; and Douglas Waters Jr., Lansing.



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August 23, 2018

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Anne McDonald

McDonald retires as head of Kansas Lawyers Assistance ProgramTOPEKA—Anne McDonald is retiring as executive director of the Kansas Lawyers AssistanceProgram, created by the Kansas Supreme Court to help lawyers seek treatment for physical ormental illness, substance abuse, or emotional distress.

McDonald was named interim director of KALAP in 2009, then hired as its executive director. Heraffiliation with the program, however, began in 2001 as a founding member of its board.

"A privilege, a pleasure, and an honor sum up my feelings about the opportunity to serve as theKALAP executive director these last nine years," she said.

McDonald said the program has grown considerably in that time, but she credits the SupremeCourt, her board and staff, state and local bar associations, and lawyers who have takenadvantage of KALAP's services.

"I have stressed on more than one occasion that the real accolades should go to the lawyerswho do the hard work of addressing their condition, whatever it may be, and emerging a betterlawyer and a happier person," she said. "When I said as much to a former KALAP client recently,she responded, 'Yes, but KALAP provides a safe space in which to do that.' "

Louis Clothier, a longtime attorney from Leavenworth, has been hired to succeed McDonald.

"I have no doubt that Louis Clothier will keep providing that safe space and service to Kansaslawyers as he guides KALAP to a new level of excellence," McDonald said.

KALAP works in the background to help lawyers, whose profession is among the most stressful,McDonald said. She cites statistics that show attorneys are two to three times more likely toexhibit anxiety, suffer from depression, or become addicted to alcohol or drugs than the generalpopulation. Yet they also see greater barriers to treatment, such as negative publicity and thefear of losing their license to practice law, she said.

KALAP's work is 100 percent confidential and 100 percent voluntary, McDonald said.

KALAP's initial focus was helping attorneys deal with alcohol abuse, but now it works on anyproblem that could affect an attorney's practice. It even begins in law school, where students areinformed of KALAP's work and urged to seek help if needed.

Lawyers can contact KALAP directly, but they might be pointed in that direction by a colleague, ajudge, the Supreme Court's attorney admission office, or its Office of Disciplinary Administration.

KALAP can provide:

peer counseling by a volunteer attorney.referral to a treatment center or medical professional.help through its Resiliency Support Group, which offers weekly sessions run by apsychologist who also is a lawyer. Sessions are offered in Overland Park, Topeka, andLawrence, with the Lawrence meetings also available via Skype.

McDonald said KALAP stresses education and prevention but directs an attorney to rehabilitationand remediation if help is needed.

Kansas Supreme Court Justice Eric Rosen, who is the court's liaison to KALAP, said McDonaldhas worked hard to broaden the scope of the organization.

"Since taking over as our executive director in 2009, Anne's vision has led to an expansion ofKALAP's services. We have broadened our understanding of 'assistance' to include interventionsdesigned to address the multitude of needs and stressors encountered by lawyers and lawstudents," he said.

"Through Anne's tireless and dedicated leadership, KALAP has become nationally recognizedfor its forward and progressive programs. Perhaps even more importantly, Anne's work has beena beacon of hope—she's never backed away from meeting head-on the needs of those in crisis.Her compassion and support provides the guiding light to services for anyone in need," JusticeRosen added.

Despite the progress made during her time at KALAP, McDonald said there is more work to bedone.

"There is still much to do to transform portions of our legal profession culture into a healthier onewhere we actively seek wellness and well-being and are not afraid or ashamed to seek helpshould we need it," she said.

McDonald did not attend law school until she was in her 30s. She said she was inspired to do soafter working as executive secretary to Kansas City, Kan., Mayor Jack Reardon.

She graduated in 1961 from Bishop Ward High School in Kansas City, Kan., and joined theSisters of Charity of Leavenworth. She studied at St. Mary College, which the sisters sponsor,and taught elementary school for four years. After leaving the religious community, McDonaldworked as a payroll clerk before being hired by Reardon.

She earned a law degree from the University of Kansas in 1982, then practiced law for threeyears before being hired as a court trustee for the 29th Judicial District in Kansas City, Kan. Sheretired from that job in 2006.

After becoming a lawyer, McDonald was active in the Kansas Bar Association's Committee onImpaired Lawyers, which led to her appointment to the KALAP board.

McDonald lives in Kansas City, Kan., with her husband, Robert Wilshire. She has two stepsons.



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August 23, 2018

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Louis Clothier

Leavenworth attorney named executive director of Kansas LawyersAssistance Program

TOPEKA—Longtime attorney and Leavenworth resident Louis Clothier has been namedexecutive director of the Kansas Lawyers Assistance Program beginning August 27.

KALAP helps lawyers seek treatment for physical or mental illness, substance abuse, oremotional distress. Created in 2001, it operates under the direction of the Kansas SupremeCourt.

Clothier succeeds Anne McDonald of Kansas City, Kansas, who has been executive director ofKALAP since 2009 and before that was a member of the original board.

Kansas Supreme Court Justice Eric Rosen, who is the court's liaison to KALAP, said, "Finding areplacement for Anne McDonald was a tall order, but I believe we found someone we hope willbe every bit as effective as she was in this role."

He added, "Lou's many years of experience as a litigator prepared him to serve as executivedirector and his candid humility will resonate with the attorneys and judges who come intocontact with KALAP for deeply personal reasons."

Clothier considers himself one of KALAP's success stories, completing substance abusetreatment and salvaging his legal career.

Clothier said he wasn't confident he would be hired to head KALAP, but saw it as "a wonderfulopportunity to help other attorneys" in the way he had been helped.

The legal profession is considered one of the more stressful occupations, and statistics showattorneys are two to three times more likely to exhibit anxiety, suffer from depression, or becomeaddicted to alcohol or drugs than the general population.

"The field of law is very rewarding, very honorable, and lawyers are held to the highest levels ofbehavior and professionalism," Clothier said. "And that's one of the stressors. It can really take atoll on a lawyer and their family and friends, and even clients."

He added, "The law profession has extremely high expectations, but it also has a heart. I'd likethe public to know that attorneys are people too and that sometimes we could use some help."

He said he received the help he needed through KALAP and continues to be part of a 12-stepprogram to aid in his recovery.

He also said he believed it was his willingness to seek KALAP's help that mitigated disciplinaryaction against him by the Supreme Court, whose Office of the Disciplinary Administratorinvestigated complaints about Clothier.

Stan Hazlett, the disciplinary administrator, said KALAP can be part of the attorney disciplinaryprocess. If the disciplinary office finds a complaint against an attorney has merit, and thatattorney is working with KALAP, the attorney can consent for KALAP to share that information.

"That can be compelling testimony before a hearing panel—that the attorney is trying to gethelp," Hazlett said.

KALAP provides many different services, depending on the needs of the lawyer or barassociation:

referrals for assessments, evaluations, therapy, or treatment.short-term counseling sessions with a licensed counselor.peer mentoring and support, modified interventions, and resiliency groups.help with diversion and probation plans required by the disciplinary administrator or withmonitoring contracts required by the Supreme Court's attorney admissions office.

guidance in closing a law office.legal education programs for local and specialty bar associations or law firms.

KALAP services are always confidential and free. Funding comes from annual registration feesattorneys pay to practice law in Kansas.

The Kansas Lawyers Assistance Commission governs KALAP. The Supreme Court appoints the11 lawyers who serve on the commission.

The heart of the program is a statewide network of more than 130 peer volunteers who helplawyers in need; many are in recovery themselves.

Clothier believes his experiences mesh well with KALAP's mission.

"My experiences the past five or six years had a profound effect on me," Clothier said. "Peoplewho are suffering an impairment or have certain needs are more willing to confide in somebodywho has had or does have the same weaknesses or concerns."

He also sees the new job as bringing his career full circle. He taught English before going to lawschool.

"As a teacher, you exist solely to help the children. As an attorney, you're constantly fighting forthe best interest of one litigant. To close out my career, I will be working solely to help otherattorneys," he said.

Clothier earned an undergraduate degree in education from Emporia State University and taughtfor three years at West Junior High School in Leavenworth. He then enrolled at WashburnUniversity School of Law and was admitted to the bar in 1981. He has practiced law inLeavenworth since then.



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August 24, 2018

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Seven appointed to Kansas Child Support Guidelines AdvisoryCommittee

TOPEKA—The Kansas Supreme Court appointed three people to the Kansas Child SupportGuidelines Advisory Committee and reappointed four others.

The 13-member Kansas Child Support Guidelines Advisory Committee includes parents whoeither pay or receive child support, and attorneys, judges, and tax professionals with expertise inchild support.

Richard Samaniego of Wichita will serve a three-year term beginning July 1 and ending June 30,2021. He is an attorney representative.

Sara Beezley of Girard was appointed to a four-year term ending June 30, 2022. She is anattorney representative.

Ryan Brady of Hutchinson was appointed to a four-year term ending June 30, 2022. He is aparent representative.

Reappointed to four-year terms were:

District Judge Thomas Foster, who serves in the 10th Judicial District, composed ofJohnson County.Chief Judge Amy Harth, who serves in the 6th Judicial District, composed of Bourbon,Linn, and Miami counties.Amy (Beardy) Fletcher, Wichita, a parent representative.

Sherri Loveland, Lawrence, an attorney representative.

Foster chairs the committee, which:

reviews the general rules governing how child support is established.evaluates the economic basis of the guidelines.analyzes how courts may use adjustments to tailor child support obligations to meet theneeds of families.identifies whether updates to the Kansas Child Support Guidelines are needed and makesthose recommendations to the Kansas Supreme Court.

The child support guidelines are reviewed every four years to ensure that the roughly $35 millionmothers and fathers pay in support each month is equitable for the parents and appropriate forthe day-to-day essential needs of the children they support.

Other members of the committee are:

District Judge Constance Alvey, who serves in the 29th Judicial District, composed ofWyandotte County.Michelle Slinkard, Topeka, an attorney representative.Doni Mooberry, Lawrence, an attorney representative with accounting and tax experience.Marc White, Topeka, an attorney representative.Charlie Harris, Wichita, an attorney representative.Trisha Thomas, Topeka, a child support agency representative.

For more information, visit frequently asked questions about Kansas Child Support Guidelines..



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August 29, 2018

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Attorneys appointed to state disciplinary boardTOPEKA—Five attorneys were reappointed to four-year terms on the Kansas Board forDiscipline of Attorneys.

Chief Justice Lawton Nuss of the Kansas Supreme Court made the appointments. Their termsend June 30, 2022.

In addition, Nuss appointed three attorneys to complete vacant terms on the board.

Those reappointed to four-year terms:

Stephen Cavanaugh, Topeka.Glenn Kerbs, Dodge City.John Larson, Shawnee.Gaye Tibbets, Wichita.Sarah Warner, Lawrence.

Those appointed to complete unexpired terms:

Stacy Ortega, Wichita, whose term expires June 30, 2020.Terry Mann, Wichita, whose term expires June 30, 2021.Kala Spigarelli, Pittsburg, whose term expires June 30, 2021.

The Kansas Disciplinary Administrator's Office reviews complaints of misconduct againstlawyers, conducts investigations, presents cases to the board, and makes recommendations asto the disposition of the complaints.

John Gatz, Colby, is chair and Derrick Roberson, Manhattan, is vice chair. They serve on thereview committee, along with at-large member Leslie Miller, Lawrence. They review all casesdocketed for investigation and issue a report on the disposition of the case, which may bedismissal (with or without a letter of caution), diversion, informal admonition, or institution offormal charges.

Members of the board—made up of lawyers from across the state—meet in three-person panels,which include two board members and one at-large attorney, to conduct hearings in cases wherethe review committee has found probable cause that a lawyer has violated the Kansas Rules ofProfessional Conduct and that published discipline is warranted.

Other members of the board are:

Gregory Bauer, Great Bend.Jeffrey Chubb, Independence.S. Lucky DeFries, Topeka.Shaye Downing, Lawrence.John Duma, Olathe.Kathryn Marsh, Leawood.Mira Mdivani, Overland Park.James Rankin, Topeka.Lee Smithyman, Overland Park.Darcy Williamson, Topeka.



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September 5, 2018

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New member appointed to Kansas Child Support Guidelines AdvisoryCommittee

TOPEKA—The Kansas Supreme Court appointed Elizabeth Cohn to the Kansas Child SupportGuidelines Advisory Committee.

The 13-member Kansas Child Support Guidelines Advisory Committee includes parents whoeither pay or receive child support, and attorneys, judges, and tax professionals with expertise inchild support.

Cohn, Lawrence, is an attorney for the Kansas Department for Children and Families. She willcomplete the unexpired term held by Trisha Thomas, Topeka. Cohn will serve through June 30,2021.

The child support guidelines are reviewed every four years to ensure that the roughly $35 millionmothers and fathers pay in support each month is equitable for the parents and appropriate forthe day-to-day essential needs of the children they support.

To learn more, visit frequently asked questions about Kansas Child Support Guidelines.



September 6, 2018

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Chief Judge William Mott

Chief Judge William Mott to sit with Kansas Supreme CourtSeptember 12

TOPEKA—Chief Judge William Mott of the 30th Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in two cases on the court's September 12docket.

After hearing oral arguments, Mott will join Supreme Court justices in their deliberations and decision drafting.

“I am pleased that Chief Judge Mott is taking time from his duties in the 30th Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to his contributions in deliberating and eventually deciding this case.”

Mott said, “I’ve either been a district court judge or a practicing attorney in this state for the last 23 years, so it’s an honor to be extended the opportunity to sit as a judge with the Kansas Supreme Court.”

Mott is a graduate of Wellington High School, Friends University in Wichita, and Washburn University School of Law.

He was in private practice for two years in Wellington, then served as county attorney in Sumner County from 1997 to 2004. He was a special assistant in the U.S. Attorney's office, primarily prosecuting drug trafficking crimes, from 2005 to 2007, when he was appointed a district court judge in the 30th Judicial District. Nuss appointed him chief judge of the 30th Judicial District in September 2017. The 30th Judicial District is composed of Barber, Harper, Kingman, Pratt, and Sumner counties.

Mott is a past executive board member of the Kansas District Judges Association.

All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! Link in the right-hand column of the Kansas judicial branch website at www.kscourts.org.

The cases Mott will hear are the third and fourth ones scheduled on the court's 9 a.m. docket September 12:

Appeal No. 115,763:TimmyGlaze v. J.K. Williams LLC and Commerce & Industry Insurance Co.

Workers Compensation: (Petition for Review) In August 20 11, Glaze was injured when he slipped and fell at work. The Kansas Workers Compensation Board dismissed his claim under K.S.A. 44-523 because his claim had not proceeded to hearing within three years of filing and he had not requested an extension within that three-year period. It was dismissed even though he had not been dilatory in pursuing his claim, he had not abandoned his claim, and there was no dispute that he had not reached maximum medical improvement. The Court of Appeals affirmed and indicated Kansas statutes required this result. The Court of Appeals also stated Glaze was not denied the right to be heard because he had the opportunity to proceed under the time requirements of K.S.A. 44-523. Issue on review is whether the trial court and Court of Appeals erroneously interpreted K.S.A. 44-523(f)(1) in dismissing a meritorious and compensable workers compensation claim solely because a written motion to extend the time for proceeding to a regular hearing was not filed within three years of the application for a regular hearing.

Appeal No. 115,629: State of Kansas v. James Lee Jamerson

Shawnee County: (Petition for Review) In 2001, Jamerson entered a plea agreement and was sentenced to 253 months in prison for the base conviction of second-degree murder, a consecutive 35 months for aggravated robbery, and a concurrent 35 months for conspiracy to commit aggravated robbery. The sentences for the nonbase convictions were the result of a downward departure. In 2015, the district court granted Jamerson's motion to correct his sentence because the criminal history for his base sentence was miscalculated. At resentencing, the district court attempted to adhere to the plea agreement by running the following sentences

consecutively: 186 months for second-degree murder, 59 months for aggravated robbery, and 34months for conspiracy (the earlier 35-month sentence was an upward departure). The Court ofAppeals affirmed and reversed in part. It reasoned the resentencing on the aggravated robberycharge from 35 months to 59 months was erroneous because the primary conviction had notbeen overturned. It also reasoned the resentencing on the conspiracy charge to 34 months wasappropriate because the 2002 sentence was based on an illegal downward departure. Finally,the court reasoned the 2015 conspiracy sentence could be ordered to run consecutively to theother sentences when it was originally run concurrently. The State petitioned for review. Issue onreview is whether the Court of Appeals improperly concluded the district court erred in itsmethodology in resentencing Jamerson.



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September 6, 2018

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Chief Judge Kevin Berens

Chief Judge Kevin Berens to sit with Kansas Supreme CourtSeptember 12

TOPEKA—Chief Judge Kevin Berens of the 15th Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in one case on the court's September 12docket.

After hearing oral arguments, Berens will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that Chief Judge Berens is taking time from his duties in the 15th Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to his contributions in deliberating and eventually deciding this case.”

Berens said, “The Supreme Court honored the 15th Judicial District by holding a special session in Colby this spring. Seeing the Supreme Court in action gives one an appreciation for the Supreme Court’s importance to our justice system. I am humbled and honored to have an opportunity to sit with the Supreme Court.”

Berens has served as chief judge since January 2017, when he was sworn in for his first term as an elected district judge. The 15th Judicial District is composed of Cheyenne, Logan, Rawlins, Sheridan, Sherman, Thomas, and Wallace counties.

He previously served as county attorney in Thomas and Cheyenne counties, assistant county attorney in Cheyenne County, and city attorney for Bird City. He also practiced law in Kansas and Colorado. Prior to receiving his law degree, he worked as an accountant. He graduated from Colby High School, Fort Hays State University, and Washburn University School of Law.

Berens leads a team of district court personnel from seven judicial districts who are helping manage the judicial branch's implementation of a statewide centralized case management system. The seven judicial districts include 34 northern and central Kansas counties.


The case Berens will hear is the fifth one scheduled on the court's 9 a.m. docket September 12:

Appeal No. 117,910: In the Matter of David P. Crandall, Respondent

Original Proceeding Related to Attorney Discipline: Complaints against Crandall involve estate planning and fees he charged in several cases. A majority of the hearing panel recommended Crandall be suspended for six months. A dissenting member supported a one-year suspension. The disciplinary administrator argued Crandall's license to practice law should be suspended for one year if the hearing panel concluded he charged unreasonable fees; otherwise, the administrator recommended public censure. Crandall asserted he did not violate any rules and requests nonpublished censure.



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September 6, 2018

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Chief Judge Mike Keeley

Chief Judge Mike Keeley to sit with Kansas Supreme CourtSeptember 11

TOPEKA—Chief Judge Mike Keeley of the 20th Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in two cases on the court's September 11docket.

After hearing oral arguments, Keeley will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that Chief Judge Keeley is taking time from his duties in the 20th Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to his contributions in deliberating and eventually deciding this case.”

Keeley said, “I look forward to this opportunity to sit with the Kansas Supreme Court. It is a great honor."

Keeley is a graduate of Larned High School, Washburn University, and the Washburn University School of Law. He was in private practice in Great Bend from 1982 to 1992, when he was elected a district court judge for the 20th Judicial District. Nuss appointed him chief judge in 2004. The 20th Judicial District is composed of Barton, Ellsworth, Rice, Russell, and Stafford counties.

Keeley has served as president of the Barton County Bar Association and president of the Kansas District Judges Association.


The cases Keeley will hear are the first and third ones scheduled on the court's 9 a.m. docket September 11:

Appeal No.119,239: Northern Natural Gas Co. v. ONEOK Field Services Co., et al. v. Nash Oil and Gas Inc. and L.D. Drilling Inc.

Pratt County: (Civil Appeal) After remand from this court in Northern Natural Gas Co., v. ONEOK Field Services LLL, 296 Kan. 906 (2013), the district court granted summary judgment against the plaintiff, Northern Natural Gas. It also held third-party defendants Nash Oil and L.D. Drilling and intervenor Val Energy owned storage gas produced from the certified boundaries of Northern's Cunningham Storage Field after June 2, 2010, the date on which the Federal Energy Regulatory Commission expanded the certified boundaries of the field to include the area of the producer's wells. The district court held a storage field operator that acquires certificate authority over an area where its storage gas is located is not entitled to the protections of K.S.A. 55-1210, the Storage Act, or Kansas common law unless and until the storage field operator acquires, through payment in condemnation, 100 percent of the acreage certified for gas storage. Issues on appeal are whether the district court: 1) erred in granting summary judgment against Northern because on and after June 2, 2010, Northern owned all storage gas located within the certificated boundaries of the Cunningham Storage Field; and 2) abused its discretion by failing to modify its summary judgment order to recognize acreage certificated gas storage and the lease by Northern is entitled to protection under K.S.A. 55-1210.

Appeal No.111,973: Oxy USA Inc. v. Red Wing Oil LLC, et al.

Haskell County: (Petition for Review) This appeal arises out of an interpleader action filed by Oxy USA seeking guidance from Haskell County District Court to determine the rightful owner of one-half mineral interest of land—the Luther Term Mineral Interest—in Haskell County. Defendant Alice King requested summary judgment by a finding the Luther interest expired due to nonproduction and that she is the rightful owner of the one-half mineral interest and all royalties held in suspense related to same. The district court held King's interest would be valid pursuant to the rule that a determinable fee mineral interest would not be perpetuated by production from a tract not included as the subject of the conveyance even if the tract was included in the same unitization agreement as a producing tract. However, the court concluded King's assertion of her ownership interest was barred by the statute of limitations. The Court of Appeals reversed and

remanded by holding that although the district court held that the cessation of production on theland triggered reversion of the Luther interest to King, the court incorrectly interpreted the effectof reversion and improperly held King's claim to the property was barred by the statute oflimitations and/or acquiescence. The court remanded with instructions to restore the mineralrights to King. Issue on review is whether the Court of Appeals erred in reversing the districtcourt's decision that King "acquiesced to the Term Mineral Interest Holders" and was barred frommaintaining her ownership interest by the statute of limitations in K.S.A. 60-507.



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September 6, 2018

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Kansas Supreme Court announces amendments to Rule 712Amendments allow attorneys with restricted licenses who work for a single employer

to provide specified pro bono services.

TOPEKA—The Kansas Supreme Court announced today it has amended Rule 712 to allowattorneys who perform legal services for a single employer under a restricted license to providepro bono legal services through organizations the Supreme Court approves for that purpose.

Pro bono services are professional services provided by attorneys without payment.

"The Supreme Court gave careful consideration to the amendments and to the public commentswe received about them," said Chief Justice Lawton Nuss. "By amending this rule, we haveenabled attorneys licensed to work for one employer to donate what could be thousands ofhours of professional services to individuals and entities who cannot afford to hire an attorney,which improves their access to justice."

Rule 712 already allowed an attorney who passed another state's bar exam to work for a singleemployer under a restricted license without taking a Kansas examination. The amendmentsapproved today allow attorneys with Rule 712 licenses to perform pro bono services througheither a not-for-profit civil legal services provider, or an accredited law school clinic, as long asthe provider or clinic has been approved by the Supreme Court for that purpose.

The Supreme Court regulates the practice of law in Kansas through its authority to admitpersons to practice as attorneys in the courts of Kansas, to prescribe rules to supervise attorney

conduct, and to discipline attorneys. It also approves rules of procedure and practice usedthroughout state courts in Kansas.



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September 7, 2018

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Chief Judge Thomas Kelly Ryan

Chief Judge Thomas Kelly Ryan to sit with Kansas Supreme CourtSeptember 13

TOPEKA—Chief Judge Thomas Kelly Ryan of the 10th Judicial District has been appointed to sitwith the Kansas Supreme Court to hear oral arguments in one case on the court's September 13docket.

After hearing oral arguments, Ryan will join Supreme Court justices in their deliberations and decision drafting.

“I am pleased that Chief Judge Ryan is taking time from his duties in the 10th Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to his contributions in deliberating and eventually deciding this case.”

Ryan said, “I am honored and proud to be asked to sit with the Kansas Supreme Court. It is a privilege to serve the court and the people of our state. I respect the important work handled by the court and thank the justices for affording me this opportunity to work with them.”

Ryan was appointed a district court judge in 2008 and has served as chief judge for the 10th Judicial District since January. He currently handles a criminal docket in addition to his administrative duties. The 10th Judicial District is composed of Johnson County.

A native Kansan, he graduated from Rockhurst High School in Kansas City, Mo., Creighton University in Omaha, Neb., and Washburn University School of Law. After serving as an assistant district attorney in Johnson County, Ryan practiced law in Overland Park for 20 years before his appointment to the bench.

He is the 2018 president of the Johnson County Bar Association and recently served as chair of the Kansas Judicial Council's Adoption Law Advisory Committee that reviewed and revised the Kansas adoption laws. Since 2014, Ryan has served on the executive committee of the Kansas District Judges Association.


The case Ryan will hear is the fourth one scheduled on the court's 9 a.m. docket September 13:

Appeal No. 119,012: In the Matter of Jeffrey A. Mason, Respondent

Original Proceeding Related to Attorney Discipline: Mason's ethical issues in this case involve his representation and other corporate matters for the Northwest Kansas Area Medical Foundation, later changed to the Goodland Medical Foundation. Mason failed to file corporate tax returns. The hearing panel recommended Mason be indefinitely suspended retroactive to December 23, 2016, the date of the Supreme Court's previous suspension order. The panel was particularly concerned Mason knew he had engaged in the conduct at issue at the time of the earlier hearing but affirmatively stated during the hearing there were no additional issues in his practice. The disciplinary administrator also recommended indefinite suspension retroactive to December 23, 2016. Mason requests public censure and probation.



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September 7, 2018

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District Judge Jeff Goering

District Judge Jeff Goering to sit with Kansas Supreme CourtSeptember 14

TOPEKA—District Judge Jeff Goering of the 18th Judicial District has been appointed to sit withthe Kansas Supreme Court to review a case on the court's September 14 docket.

Goering will join Supreme Court justices in reviewing a case on the court's summary calendarand in the court's deliberations and decision drafting. Cases on the summary calendar do notpresent new questions of law, and oral argument is deemed neither helpful to the court noressential to a fair hearing of the appeal. These cases are deemed submitted without oralargument.

“I am pleased that Judge Goering is taking time from his duties in the 18th Judicial District to sitwith the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and welook forward to his contributions in deliberating and eventually deciding this case.”

Goering said, “It’s an honor to be asked and a privilege to sit on the Supreme Court. I thankChief Justice Nuss and the other justices on the court for the opportunity.”

Goering was elected in 2004 as a district judge in the 18th Judicial District, composed ofSedgwick County.

He graduated from Washburn University School of Law, then worked as an assistant districtattorney in the Sedgwick County District Attorney’s Office from 1991 to 1992. He was in privatepractice in Leavenworth from 1992 to 1996, during which time he also was municipal judge forthe City of Leavenworth. He returned to Wichita and was in private practice from 1996 to 2005.During that time he was elected to the Kansas House of Representatives, serving from 2003 to2004. He was a member of the Kansas Sentencing Commission from 2003 to 2004.

The case Goering will review and deliberate with the Supreme Court is:

Appeal No. 114,292:Edina Harsay v. University of Kansas

Douglas County: (Petition for Review) Harsay, a former assistant professor in the Department ofMolecular Biosciences at the University of Kansas, appealed the district court ruling that no legalimpropriety existed in the university's decision to deny her promotion to associate professor withtenure. The Court of Appeals reversed the district court's decision and remanded for furtherconsideration by the university's various tenure committees, starting with the departmentalcommittee, based on Harsay's correct history of research productivity and scholarly works. TheUniversity of Kansas filed a petition for review. Issues on review are whether: 1) the 30-day timeperiod limiting the court's jurisdiction under the Kansas Judicial Review Act is extended by thestatute of limitations savings statute for civil actions under K.S.A. 60-518; 2) the Court of Appealsengaged in judicial review of conflicting evidence; 3) the Court of Appeals should haveremanded for the university to fully explain the basis for the decision denying tenure; and 4) theSupreme Court should consider two arguments not addressed by the Court of Appeals—whethersubstantial competent evidence supported the university's decision and whether it wasunreasonable, arbitrary, or capricious.



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September 7, 2018

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Chief Judge Oliver Kent Lynch

Chief Judge Oliver Kent Lynch to sit with Kansas Supreme CourtSeptember 13

TOPEKA—Chief Judge Oliver Kent Lynch of the 11th Judicial District has been appointed to sitwith the Kansas Supreme Court to hear oral arguments in one case on the court's September 13docket.

After hearing oral arguments, Lynch will join Supreme Court justices in their deliberations and decision drafting.

“I am pleased that Chief Judge Lynch is taking time from his duties in the 11th Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, and we look forward to his contributions in deliberating and eventually deciding this case.”

Lynch said, “The opportunity to sit with the Supreme Court is exciting and I think will be very educational.”

Lynch has served as a district judge in the 11th Judicial District since 2005 and was appointed chief judge in 2017. The 11th Judicial District is composed of Cherokee, Crawford, and Labette counties.

He is a native of Baxter Springs and graduated from the University of Kansas and the KU School of Law. Before his appointment to the bench, Lynch was in private practice from 1976 to 2005. He also served as city attorney for Baxter Springs and county attorney and assistant county attorney for Cherokee County.


The case Lynch will hear is the fourth one scheduled on the court's 9 a.m. docket September 13:

Appeal No. 119,012: In the Matter of Jeffrey A. Mason, Respondent

Original Proceeding Related to Attorney Discipline: Mason's ethical issues in this case involve his representation and other corporate matters for the Northwest Kansas Area Medical Foundation, later changed to the Goodland Medical Foundation. Mason failed to file corporate tax returns. The hearing panel recommended Mason be indefinitely suspended retroactive to December 23, 2016, the date of the Supreme Court's previous suspension order. The panel was particularly concerned Mason knew he had engaged in the conduct at issue at the time of the earlier hearing but affirmatively stated during the hearing there were no additional issues in his practice. The disciplinary administrator also recommended indefinite suspension retroactive to December 23, 2016. Mason requests public censure and probation.



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September 10, 2018

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Topeka attorney joins Kansas Lawyers Assistance Program boardTOPEKA—Chief Justice Lawton Nuss of the Kansas Supreme Court appointed James Benfer IIIto the Kansas Lawyers Assistance Program board.

Benfer, an attorney in private practice in Topeka, will serve a six-year term ending June 30, 2024.

The Kansas Supreme Court created the Kansas Lawyers Assistance Program to help lawyersseek treatment for physical or mental illness, substance abuse, or emotional distress.

A lawyer seeking help can be paired with a volunteer attorney for peer counseling; directed to atreatment center or medical professional; or pointed to KALAP's Resiliency Support Group,which offers weekly sessions run by a psychologist who also is a lawyer.

To learn more, visit the Kansas Lawyers Assistance Program website.



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September 10, 2018

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District Judge J. Dexter Burdette

Wyandotte County district judge to retire after 30 years of serviceTOPEKA—District Judge J. Dexter Burdette will retire September 30 after serving more than 30years on the bench in the 29th Judicial District.

Burdette, a Wyandotte County native, was appointed to fill a vacancy in the district court and wassworn in June 7, 1988. He subsequently won a contested election to retain his position and has

been re-elected since. Judges in the 29th Judicial District, composed of Wyandotte County, aredirectly elected by voters.

He was a juvenile court judge for two years and then a judge in the court's limited actionsdivision. Since 1993, he has presided over cases in the criminal division.

Burdette graduated from Bishop Ward High School in 1967, from Washburn University in 1971with a bachelor's degree in political science, and from Washburn University School of Law in1977.

While attending Washburn, Burdette worked in Topeka at St. Vincent’s Children’s Home foremotionally and physically abused children as a child care counselor and recreation director.

After graduation from law school, he was an assistant district attorney in Wyandotte County,where he specialized in prosecuting serious felony crimes. From 1985 until he was appointedjudge, he was an assistant city attorney for Kansas City, Kansas, where he focused on civillitigation.

He has been a member of the Kansas City Metropolitan Bar Association, Wyandotte County BarAssociation, Kansas Bar Association, American Bar Association, Kansas Inn of Court, KansasCounty and District Attorneys Association, and Kansas District Judges Association. He servedon the Kansas Department of Corrections Advisory Group on Female Offenders. He is agraduate of the National Judicial College.

He has been active in many organizations, including NAACP, YMCA, Project Turn-Around, andWyandotte County Mental Health Association, and served on the parish council of BlessedSacrament Catholic Church.

Burdette is married and has four children and four grandchildren.



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September 10, 2018

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District Judge Maritza Segarra

Geary County district judge to retire after 15 years on the benchTOPEKA—District Judge Maritza Segarra will retire January 1 after 15 years on the bench in the8th Judicial District.

“It has been the greatest honor of my legal career to serve as a judge for the 8th Judicial District,and I am grateful to the community for entrusting me with that position,” she said.

Segarra served as a magistrate judge before she became a district judge in 2007, and all of herservice has been in Geary County.

The 8th Judicial District is composed of Dickinson, Geary, Marion, and Morris counties.

Segarra graduated from Kansas State University in 1984 and from Washburn University Schoolof Law in 1988. After receiving her law degree, she joined the North Central Regional PublicDefender Office in Junction City, where she served for 16 years. She was the office's chief publicdefender the last seven years before being appointed to the bench.

She was named a KSU Alumni Fellow for the College of Arts and Sciences in 2010 and therecipient of the Kansas District Judges Association's Community Outreach and Education Awardin 2012.

Segarra has served on numerous committees and boards, including the Kansas Judicial Counciland the National Association of Women Judges.



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September 11, 2018

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8th Judicial District Nominating Commission seeks nominees forjudge vacancy

TOPEKA—The 8th Judicial District Nominating Commission is seeking nominations to fill adistrict judge vacancy in Geary County created by the January 1 retirement of Judge MaritzaSegarra.


Justice Marla Luckert, the Supreme Court departmental justice responsible for the 8th JudicialDistrict, said individuals can apply or be nominated, but nominations must come on a nominationform and include the nominee's signature.


at least 30 years old.

a lawyer admitted to practice in Kansas and engaged in the practice of law for at least fiveyears, whether as a lawyer, judge, or full-time teacher at an accredited law school.


Nominations must be accompanied by a nomination form available from the court administratorof the 8th Judicial District in Junction City; the clerks of the district court in Dickinson, Geary,Marion, or Morris counties; or the Kansas judicial branch website at www.kscourts.org under What's New.

One original and nine copies of the completed nomination form and supporting letters must besubmitted by noon October 10, 2018, to:

Edwin Wheeler Jr., commission secretary801 N. Washington, Suite DJunction City, KS 66441

The nominating commission will convene to interview nominees at 9 a.m. October 29 in theGeary County Courthouse, 138 E. Eighth, Junction City. Interviews are open to the public.

The commission will select from three to five nominees whose names will be submitted to thegovernor to fill the position according to statutory qualification and residency requirements. Ifthere are not three nominees who reside in the district who are deemed qualified by thecommission, the commission may consider nominees who reside outside the judicial district. Thegovernor has 60 days after receiving the names to decide whom to appoint.

After serving one year in office, the new judge must stand for a retention vote in the next generalelection to remain in the position. If retained, the incumbent will serve a four-year term.

The 8th Judicial District Nominating Commission consists of Luckert as the nonvoting chair;Darrel Bryant, Council Grove; Carolyn Gaston, Milford; Kevin Harris, Abilene; James Hefley,Hillsboro; Arvid Jacobson, Junction City; Darrell Miller, Dwight; Douglas Thompson, Abilene; andWheeler, Marion.



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September 17, 2018

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Judge David Bruns Judge Patrick McAnany Judge James Burgess

Wichita State University to host Court of Appeals hearings markingConstitution Day

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear five cases September20 at Wichita State University in Wichita as part of the court's observance of Constitution Day.

The court will hear cases in two sessions beginning at 9 a.m. and at 1:30 p.m. in the CampusActivity Center Theatre, 1845 Fairmount.

Judges David Bruns, Patrick McAnany, and James Burgess will hear the cases. Bruns is thepresiding judge, and Burgess is a senior judge joining the court for the hearings.

Bruns said, "We look forward to being part of the Constitution Day festivities at Wichita StateUniversity. For 231 years, the U.S. Constitution has served as the framework of our freedom. Asa contract between 'We the People' and our government, the Constitution continues to serve asthe foundation for our system of justice and for the rule of law."

During the panel's sessions, attorneys for each side will have an opportunity to presentarguments to the judges, and the judges will have a chance to ask questions. After the hearings,the court will take each case under consideration and will issue a written decision at a later date.

When the oral arguments are complete, the judges will be available to talk with students.

These hearings are part of Constitution Day observance activities this year at Fort Hays StateUniversity, the University of Kansas, and Wichita State University. Congress directed federallyfunded educational institutions to host educational events about the U.S. Constitution on orabout September 17 each year. The Constitution was signed September 17, 1787, by a majorityof delegates to the Constitutional Convention.

Following are summaries of the cases to be heard by the Court of Appeals panel in Wichita:

9 a.m. ♦ Thursday, September 20, 2018

Appeal No. 117,409: State of Kansas v. Shawn R. CollinsSedgwick County: Collins admits he shot and killed Daniel Thompson while he was sitting in achair but claims it was self-defense. The two apparently had a confrontation the previous dayover a woman with whom both had a relationship. Although the State charged Collins withsecond-degree murder, the jury convicted him of voluntary manslaughter and criminalpossession of a firearm. Issues on appeal are whether the district court: 1) erred by determiningCollins was not immune from prosecution; 2) failed to properly instruct the jury on involuntarymanslaughter; and 3) did not instruct the jury on self-defense. Also, whether: 1) the Statecommitted prosecutorial error during closing argument; and 2) Collins is entitled to a new trialdue to cumulative error.

Appeal No. 118,591: City of Wellington v. Kansas Department of Health and Environment,et al.Sumner County: The City of Wellington seeks a declaratory judgment that it has no obligation tocontinue to furnish water service to several Sumner County landowners living outside the citylimits. The city had been providing untreated water to these landowners. In 2016, the city and theKansas Department of Health and Environment entered a consent order in which the city agreedto cease providing untreated water to customers because the practice violated a state safedrinking water regulation. The landowners appeal the district court's ruling that the city mayterminate the water service without providing a substitute. Issues on appeal are whether thedistrict court erred in ruling: 1) the city did not have a legal duty to provide water service; 2) thecity's obligation to provide water service was terminable either at will or for cause; and 3) anyobligation the city had to provide water service was excused under the doctrine ofimpracticability.

Appeal No. 118,563: In the Interest of K.L.B. and A.S.B., Minor ChildrenSedgwick County: The natural mother of two minor children appeals after the district courtterminated her parental rights. The court found she was unfit to properly care for the children, theunfitness was unlikely to change in the foreseeable future, and the termination of her parentalrights was in the best interest of the children. Issues on appeal, the natural mother, who resides

in Kentucky, contends that: 1) the district court did not have subject matter jurisdiction over thecase under the Uniform Child Custody Jurisdiction Act; and 2) there is not substantial competentevidence in the record to support the district court's findings and conclusions.

1:30 p.m. ♦ Thursday, September 20, 2018

Appeal No. 118,095: State of Kansas v. Burlington Northern Santa Fe Railway Co.Chase County: Burlington Northern Santa Fe was convicted of violating K.S.A. 66-273 forblocking a roadway in Chase County for nearly four hours. The statute prohibits trains fromstanding on a public road in or near a city or town for more than 10 minutes. Issues on appealare whether: 1) the Kansas statute is preempted by the federal Interstate CommerceCommission Termination Act and the Federal Railroad Safety Act; and 2) there is insufficientevidence in the record to support the conviction.

Appeal No. 118,286: Glenn W. Smith v. Ruskin Manufacturing, et al.Workers Compensation: Smith was injured on two occasions in 2011 while working at RuskinManufacturing. Although he suffered a third injury in 2012, he is not appealing the decisionrelating to that injury. The Workers Compensation Board found Smith's injuries stemmed fromthe first accident. Issues on appeal are whether the board erred: 1) in calculating Smith'sdisability award; 2) in finding all Smith's injuries stemmed from the first accident; and 3) by notfinding that Smith met the required threshold to receive a disability award for his second injury.



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September 17, 2018

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Judge Steve Leben Judge Henry Green Jr. Judge Thomas Malone

University of Kansas to host Court of Appeals hearings markingConstitution Day

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear six cases September 20at the University of Kansas in Lawrence as part of the court's observance of Constitution Day.

The court will hear cases in two sessions beginning at 9 a.m. and at 1:30 p.m. in Burge Union,1565 Irving Hill Road.

Judges Steve Leben, Henry Green Jr., and Thomas Malone will hear the cases. Leben is thepresiding judge.

"Coming to campus for Constitution Day lets students see how the constitutional rights we allshare get explored in real cases," Leben said.

He noted the docket includes three cases involving the Fourth Amendment to the U.S.Constitution, which "gives us all the right to be free from 'unreasonable searches and seizures.' "

"That's a broadly written phrase that must get applied to specific circumstances," Leben said."On this docket, we'll have three cases considering whether law enforcement officers violated aperson's Fourth Amendment rights."


When the oral arguments are complete in the morning and afternoon, the judges will be availableto talk with students.


Following are summaries of the cases to be heard by the Court of Appeals panel in Lawrence:


Appeal No. 118,809: In the Matter of the Estate of Chad Allan FechnerGeary County: When Fechner died in 2014, he had no will and no living parents or siblings. Hismaternal aunt, Rita Young, thought she was his only living heir and opened an estate. But aColorado resident, Gary Fechner, later filed papers claiming he was Chad Fechner’s half-uncle.If so, the aunt and the half-uncle would share in the estate. Young asked that Gary Fechnersubmit to DNA testing, but the district court concluded it didn’t have authority to order thattesting. Young appealed. Issues on appeal are whether the district court: 1) had the authority toorder DNA testing; and 2) abused its discretion by failing to order DNA testing.

Appeal No. 117,802: State of Kansas v. Nicholas W. MetcalfJackson County: A hotel security officer responding to a noise complaint found a woman whoappeared to have been strangled. Police arrived and asked the woman about the man was whohad been with her. She walked back into the hotel room, and officers followed. They foundMetcalf and some drug paraphernalia and marijuana in clothing he had left in the room. Whilenormally a warrant is required to conduct a search, there are several recognized exceptions. Thedistrict court found two of them applied here: 1) the woman consented to the officers’ entry intothe room, and 2) the officers had probable cause to believe domestic battery had beencommitted and the circumstances required a prompt response. Metcalf appealed, claiming theofficers violated his Fourth Amendment rights. Issue on appeal is whether the district court erredwhen it denied the defendant’s motion to suppress the evidence found in the search of the hotelroom.

Appeal No. 119,070: State of Kansas v. Estefania Salazar

Montgomery County: Salazar was involved in a fatal traffic accident. She told officers they couldlook for her driver’s license in her van. A sheriff’s deputy saw a cell phone in the van, picked itup, and looked at text messages on the screen. The district court found this was an illegal searchof the phone, found a later search warrant would not have been obtained but for the deputy’sobservation of the text messages, and ruled no evidence from the phone could be used in thecase brought against Salazar for her role in the accident. The State appealed, arguing anyimpropriety in the initial look at the phone's text messages should be set aside because theofficer properly sought a search warrant later. Issue on appeal is whether the district court erredin concluding the events occurring after a deputy initially looked at the cell phone without awarrant did not eliminate any taint from the deputy’s initial warrantless search.

1:30 p.m. ♦ Thursday, September 20, 2018

Appeal No. 118,905: State of Kansas v. Linda Faye RitcheyShawnee County: Ritchey was arrested on an outstanding warrant while she was sitting in thepassenger seat of a parked van. After her arrest, police found drug paraphernalia and a baggiewith methamphetamine residue in her purse. The district court found the search of her pursewithout a warrant violated her Fourth Amendment rights. The State appealed, arguing that twoexceptions to the warrant requirement applied here: 1) the search was legal because they hadarrested the woman, and 2) her purse would have been searched later. Issue on appeal iswhether the district court erred when it granted the defendant’s motion to suppress evidencefound in the search of the purse.

Appeal No. 118,982: Franklin James Osborn, as Heir at Law of A.O., deceased, vs.Anthony Michael Anderson, et al.Bourbon County: Osborn claimed paternity of the child A.O., even though he was not thebiological father, and married the child’s mother. The marriage was later annulled. After thechild's death, Osborn sued the parties he blamed for the death: the child’s mother, her boyfriend,and the Kansas Department for Children and Families. The district court concluded theannulment overrode Osborn's earlier paternity acknowledgement and ruled Osborn could notsue the parties he blamed for the child’s death. Issue on appeal is whether the district courterred when it granted summary judgment in favor of the defendants even though Osborn signedand filed a voluntary acknowledgement of paternity.

Appeal No. 119,087: Gary L. Woessner, deceased, vs. Labor Max Staffing and XL SpecialtyInsurance Co.Workers Compensation: Woessner died after a fall at work. When his widow sought workerscompensation death benefits, the employer and its insurance company denied the claim underan alcohol and drug use exclusion in the Kansas Workers Compensation Act. A toxicology testordered during Woessner's hospitalization showed THC, the active chemical in marijuana, in hissystem. However, the Kansas Workers Compensation Appeals Board concluded the testsamples were improperly handled and inadmissible and held the employer and its insurancecompany liable for death benefits. Issues on appeal are whether: 1) the appeals board erred infinding the drug test results inadmissible; 2) the appeals board should have sent the case backfor rehearing at which additional evidence about the testing could have been presented; and 3)the widow presented sufficient evidence to rebut the presumption that her husband was impairedby drugs at the time of the accident.


Kansas Judicial Center


September 17, 2018

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Judge Stephen Hill Judge G. Joseph Pierron Jr. Judge Anthony Powell

Fort Hays State University to host Court of Appeals hearings markingConstitution Day

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear five cases September20 and 21 at Fort Hays State University in Hays as part of the court's observance of ConstitutionDay.

The court will hear cases in two sessions beginning at 9 a.m. both days in the Black and GoldRoom, 2nd Floor, Memorial Union, 700 College Drive.

Judges Stephen Hill, G. Joseph Pierron Jr., and Anthony Powell will hear the cases. Hill is thepresiding judge.

Hill said, "Holding our oral arguments at our state's universities is beneficial not only to studentsbut to the court and to the parties as well."

In addition to students learning how the appellate court works, they will have the opportunity tomeet with the judges afterward, Hill said.

And the parties in the cases also benefit, the judge added.

"By hearing both sides of the case, the parties can see their cause is taken seriously and theircases are handled with respect," he said.


When the oral arguments are complete, the judges will be available to talk with students.


Following are summaries of the cases to be heard by the Court of Appeals panel in Hays:


Appeal No. 117,515: Mario Perez v. Lorraine RamosFinney County: While Perez was stopped at a red light, Ramos' car rammed into the rear end ofPerez' car. At trial, after Ramos admitted 100 percent fault, the district court limited the issue todamages from the collision, including the nature and extent of those damages and whetherRamos' admitted negligence caused the damages Perez alleged. The jury returned an award ofmedical expenses and noneconomic damages. Perez appealed. Issues on appeal are whetherthe district court: 1) erred in allowing Ramos to stipulate she was 100 percent at fault; 2) abusedits discretion in prohibiting Perez from presenting proof of Ramos' negligence; and 3) abused itsdiscretion in limiting inquiries of possible jurors to issues only affecting damages.

Appeal No. 117,783: State of Kansas v. Robert Joe BarnesFinney County: In 2011, Barnes pleaded no contest to distribution of methamphetamine andpossession of a controlled substance without a drug tax stamp. His criminal history was based inpart on a 1978 Texas conviction for burglary of a habitat scored as a person felony. The courtsentenced Barnes to 44 months' imprisonment and 24 months' post-release supervision. In2014, Barnes asked the court to correct an illegal sentence, arguing the court erred in scoring hisTexas conviction as a person felony. The court denied the motion, and Barnes appealed. In2016, a Court of Appeals panel remanded the case to district court to determine how Barnes'Texas conviction should be scored in compliance with Kansas Supreme Court precedent, Statev. Dickey, 301 Kan. 1018 (2015). The district court determined the Texas conviction was correctlyscored. Barnes appealed. Issues on appeal include whether: 1) the appeal is moot becauseBarnes served the prison portion of his sentence; 2) the doctrines of res judicata or law of the

case preclude Barnes' arguments; and 3) Barnes' Texas conviction should have been scored asa nonperson felony.

Appeal No. 117,781: State of Kansas v. Christopher SotoSaline County: Based on an outstanding municipal court warrant, Salina police officersapprehended Soto. As officers were handcuffing him, Soto told them he had been arrested onthe warrant and posted bond, so the warrant was notoutstanding. Without confirming thewarrant's validity, officers searched Soto and discovered cocaine. Soto moved to suppress theevidence, alleging his arrest was illegal. The court denied Soto's motion and convicted him ofpossession of cocaine, possession of tetrahydrocannabinol, and possession of drugparaphernalia. He appealed. Issue on appeal is whether the district court should havesuppressed evidence obtained after Soto's arrest because he was arrested based on an inactivewarrant.

9 a.m. ♦ Friday, September 21, 2018

Appeal No. 118,195: State of Kansas v. Michael Dean HaynesEllis County: Based on stipulated facts at trial, Haynes was convicted of possession ofmethamphetamine, possession of drug paraphernalia, and transporting an open container ofalcohol. Haynes contends his two drug convictions should be overturned because his statementsto law enforcement officers and the subsequent search of his vehicle were illegal and violated hisconstitutional rights. Issue on appeal is whether the district court erred in denying his motion tosuppress his statements and the physical evidence found during the search of his vehicle.

Appeal No. 118,751: State of Kansas v. Daniel James BoutinLincoln County: In October 2017, a Kansas Highway Patrol trooper tried to stop a vehicle drivenby Boutin. This led to a high-speed chase that ended in Boutin's arrest and damage to the patrolcar. Boutin was charged with several crimes and entered into a plea agreement that did notaddress restitution. At his plea hearing, Boutin's attorney told the court the patrol planned toaccept a bid to repair the damage to the patrol car for $3,977.25. After accepting Boutin's nocontest pleas, the court convicted him of possession of marijuana, possession of drugparaphernalia, fleeing or attempting to elude a police officer, failure to provide proof of liabilityinsurance, and driving on a suspended license. At sentencing, the court ordered Boutin to pay$3,977.25 in restitution. Boutin appealed. Issue on appeal is whether the district court erred inordering Boutin to pay restitution because no evidence was admitted that would establish therestitution amount.



Topeka, KS 66612-1507 785-296-2256

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September 18, 2018

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Molly Kujawa

Longtime court reporter named honorary bailiff for Supreme Court'sspecial session in Manhattan

TOPEKA—For 30 years, Molly Kujawa has focused on every word during court proceedings.

But as honorary bailiff for the Kansas Supreme Court's special session Monday in Manhattan,she finally will have a chance to relax.

Kujawa (pronounced kee-AH-vah) has been a court reporter for Riley County District Court since1988. Her job—to produce a verbatim record of each court proceeding—requires paying closeattention to everything that is said.

As honorary bailiff, she will call to order the audience assembled for the special session. Andthen she can sit down and watch—without transcribing every word.

Kujawa has been the court reporter for Chief Judge Meryl Wilson since 1997. Wilsonrecommended her to open the special session, which begins at 6:30 p.m. Monday, September24, in the auditorium of Manhattan High School, 2100 Poyntz Ave.

Chief Justice Lawton Nuss and the other justices of the Kansas Supreme Court made the finalselection of the honorary bailiff.

"I recommended Molly for many reasons, but she has been a dedicated employee of the 21stJudicial District for over 30 years as a court reporter," Wilson said. "Every morning starts with asmile."

Kujawa says that's because she enjoys what she does.

"I like the challenge. Every day is different," she said. "And now that Judge Wilson is doing morecriminal cases, I enjoy that more. They are more fast-paced and interesting to be a part of."

Interesting or not, each proceeding is important, and Kujawa has a key role to play.

"We produce a clean record of the proceedings—I take that part very seriously. People's livesare involved," she said.

After graduating from high school, Kujawa said she wasn't interested in spending four years incollege.

"Brown Mackie College in Salina had a two-year court reporting program," she said, and sheenrolled.

"It's been a great career for me," she said. "The growth within our judicial district has causedcaseloads to increase every year, and as a result I am busier than I have ever been."

Kujawa said she's proud of her three-decade career and of the court system.

"Judges work hard to make sure people's rights are protected. They put in a lot of long hours,"she said. "And court employees are dedicated. They are entrusted with very important cases."

The Supreme Court will be in session from 6:30 p.m. to about 8 p.m. Monday, September 24 inthe auditorium of Manhattan High School, 2100 Poyntz Ave. The court will hear arguments in twocases. Details are available online by following the Manhattan Special Session link under What’sNew on the Kansas judicial branch website at www.kscourts.org.

After the session concludes, the justices will greet the public in an informal reception outside theauditorium.

Anyone who wants to attend the special session should plan to arrive early to allow time to getthrough security screening. Doors open at 6 p.m. Court security offers these guidelines to easethe process:

Do not bring food or drink.Do not bring large bags, large purses, backpacks, computer cases, or briefcases.Do not bring knives, pepper spray, firearms, or weapons.Do not bring electronic devices like laptop computers, handheld games, personal digitalassistants, or tablets. If you must carry a cell phone, turn it off and store it out of sightwhile court is in session.

Audience members are prohibited from talking during oral arguments because it interferes withthe attorneys’ remarks and questions asked by the justices. If someone arrives after proceedingsstart, or must leave the auditorium before it ends, he or she should be as quiet as possibleentering and exiting the auditorium. Talking immediately outside the auditorium is alsodiscouraged.

The special session will also be broadcast live over the Internet. The livestream may beaccessed selecting the Watch Supreme Court Live! link on the judicial branch home page atwww.kscourts.org.

Manhattan High School is the court’s 16th destination since 2011, when it first convened outsideof the Kansas Judicial Center to mark the state's 150th anniversary.



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September 19, 2018


Lisa Taylor

Public Information Director Office of Judicial Administration Kansas Supreme [email protected]

Megan Gilliland Communications & Education Manager League of Kansas Municipalities (785) [email protected]

Supreme Court-appointed committee presents recommendations onmunicipal court practices

TOPEKA—An ad hoc committee appointed by the Kansas Supreme Court a year ago to reviewbonding practices, fines, and fees of Kansas' municipal courts presented its recommendations ata news conference Wednesday.

The 18 committee members were appointed by Chief Justice Lawton Nuss in an order signedSeptember 6, 2017. Of the 18 members, 16 are municipal judges, one a city attorney, and onean attorney from the League of Kansas Municipalities.

The Supreme Court directed the committee to study current municipal court practices, examinethe practices in other courts across the country, and recommend best practices for Kansas

municipal courts.

The committee's report offered 18 recommendations. It was delivered to the judicialadministrator of the Office of Judicial Administration and to the executive director of the Leagueof Kansas Municipalities, as spelled out in the Supreme Court order.

To prepare the recommendations the committee formed four subcommittees and each wasassigned an area to study: bonds; enforcement; fines and fees; and indigency. The fullcommittee also met five times over the last year.

Brenda Stoss, who chaired the ad hoc committee, is a municipal judge in Salina and NewCambria. She said the report is the first comprehensive look at municipal court practicesstatewide.

“The recommendations are important for municipal courts across the state as well as for theresidents of Kansas who appear before those courts,” Stoss said.

The recommendations are similar to those proposed in national discussions of bondingpractices, fines, and fees in that they focus on procedural fairness, but they also reflect the rangeof Kansas municipal courts in terms of size and number of cases processed each year.

The committee's recommendations range from improving communication with defendants tostudying more thoroughly the use of pretrial bail risk assessments. They also emphasize theneed to adhere to due process and equal protection requirements to ensure the economicallydisadvantaged are not adversely affected.

Brad Ralph of Dodge City represented the city attorney viewpoint on the committee. He is also amember of the Kansas House of Representatives.

“Our municipal courts are so often the one and only contact many Kansans have with the courtsystem. The effort by this committee—and its resulting recommendations—was and is ademonstration that our municipal courts work extremely hard to not only serve their judicialfunction but also to solve problems for our residents in a fair and equitable manner at everystage of those proceedings,” Ralph said.

Plans are already in place to present the committee's report and its recommendations tointerested statewide groups.

Erik Sartorius, executive director of the League of Kansas Municipalities, said city attorneys willreview the report at their annual meeting in October, and the League plans to fulfill therecommendation that it conduct periodic surveys of municipal court fine schedules and make theinformation available to all municipal courts.

“Reviewing systems and programs in search of efficiencies is a common function withingovernment,” said Sartorius. “What this review did—and what sets it apart from others—is itconsidered whether the municipal court system acts in an equitable way for individuals, ratherthan just efficiency. We look forward to sharing the committee’s findings with our members andseeking ways to ensure that ‘equal treatment under the law’ remains a hallmark of municipalcourts.”

The report is also on the agenda for municipal judges continuing judicial education next spring,said Nancy Dixon, the judicial administrator.

"The Office of Judicial Administration works with the municipal judges education committee toplan and deliver educational programs that meet continuing judicial education requirements. Thepurpose of this judicial education is to reduce court delay, promote fair and efficient managementof court proceedings, and support the administration of justice," Dixon said.

The Office of Judicial Administration and the League of Kansas Municipalities plan to continueexamining each of the recommendations and considering next steps.

There currently are 394 municipal courts in Kansas, and 234 municipal judges. Some judgesserve more than one municipal court. In fiscal year 2017, Kansas municipal courts processedmore than 350,000 cases. Fiscal year 2018 data are not yet published.

The Kansas Supreme Court has general administrative authority over all courts in Kansas,although municipalities are responsible for funding city courts and appointing and paying judges.The Office of Judicial Administration implements the rules and policies of the Supreme Court andoversees the operation and administration of the judicial branch.

Background

09-25-17 news release Supreme Court committee to review municipal court practices

09-06-17 order creating Ad Hoc Committee on Bonding Practices, Fines, and Fees in

Municipal Courts

Map showing geographic distribution of ad hoc committee members

National Center for State Courts'National Task Force on Fines, Fees and Bail Practices

resource center

National Center for State Courts' report 2017 Trends in State Courts: Fines, Fees, and

Bail Practices: Challenges and Opportunities



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September 24, 2018

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New attorneys to take state and federal oaths in September 28 ceremonies

TOPEKA—Successful applicants to the July 2018 Kansas bar examination will be sworn in asKansas attorneys during two ceremonies Friday, September 28, in the Kansas Supreme Courtcourtroom at the Kansas Judicial Center, 301 SW 10th Avenue, in Topeka.

The ceremonies will be at 9 a.m. and 10:30 a.m.

Chief Justice Lawton Nuss will preside over the Supreme Court, and U.S. District Judge HollyTeeter will represent the federal court. Teeter was appointed to the U.S. District Court, District ofKansas, in August 2018 and is a graduate of the University of Kansas School of Law.

Douglas Shima, clerk of the Kansas appellate courts, will administer the state oath, and BonnieWiest will administer the federal oath. Wiest is courtroom deputy in Kansas City, Kansas, for ChiefJudge Julie Robinson of the U.S. District Court, District of Kansas.

Donald Peterson II, Wichita, chair of the Kansas Board of Law Examiners, and David Cooper, amember of the board from Topeka, will present the new attorneys to the court.

New attorneys eligible to be sworn in, listed alphabetically by county, are:

Name City State CountyKristen Nicole Zacharias Atchison KS AtchisonBrock James Baxter Andover KS Butler

Joseph Robert Aker Abilene KS DickinsonBrynn Elizabeth Blair Lawrence KS DouglasAnne Kathleen Calvert Lawrence KS DouglasSophia Cubberley Dinkel Lawrence KS DouglasAlexander Cameron Driskell Lawrence KS DouglasAdam Ray Gillaspie Lawrence KS DouglasEmma Claire Halling Lawrence KS DouglasDavid Jonathan Hammack Lawrence KS DouglasMichael Gabriel Hilleary Lawrence KS DouglasBradley Dwayne Hook Lawrence KS DouglasBrenna Maureen Lynch Lawrence KS DouglasBenjamin Thomas Malotte Lawrence KS DouglasChristopher Erwin Arens Mantei Lawrence KS DouglasWhitney Lynne Meador Lawrence KS DouglasLindsay Nora Henninger Strong Lawrence KS DouglasPierce Abbott Shimp Wichita KS DouglasAnthony Miguel Aranda Ozawkie KS JeffersonElizabeth Ann Reichenberger De Soto KS JohnsonLindsey Nicole Schmeidler Lenexa KS JohnsonCaitlyn McGinnis Berry Olathe KS JohnsonHaley Elizabeth Claxton Olathe KS JohnsonHope Elizabeth Faflick Olathe KS JohnsonClaire Victoria Kebodeaux Olathe KS JohnsonEllen Catherine Rudolph Olathe KS JohnsonNicholas Erik Bjornson Overland Park KS JohnsonBrett Logan Pollard Overland Park KS JohnsonCarly Rose Masenthin Prairie Village KS JohnsonRobert Daniel Kampen Shawnee KS JohnsonElizabeth Marie Judy Westwood Hills KS JohnsonTonya Renea Vignery Lyndon KS OsageBrandon Sheridon Hoesli Salina KS SalineLaurel Ann Michel Salina KS SalineMackenzie Maki Baxter Andover KS SedgwickSarah Lynne Balderas Augusta KS SedgwickLora Jean Smith Park City KS SedgwickJoseph Louis Uhlman Sedgwick KS SedgwickMatthew William Adams Wichita KS SedgwickJames Houston Bales Wichita KS SedgwickKatherine Elizabeth Gilman Wichita KS SedgwickWilliam Groe Hartenstein Wichita KS SedgwickAngela Christine McDaneld Wichita KS SedgwickFrancis Michael Schneider Wichita KS SedgwickNolan Wyatt Wright Wichita KS SedgwickMitchell James Armstrong Topeka KS ShawneeMary Kathryn Baylie Topeka KS ShawneeAllison Nicole Carr Topeka KS ShawneeJacob Max Dodds Topeka KS ShawneeNicole Grace Harris Topeka KS ShawneeBretton William Hake Kreifel Topeka KS ShawneeBrecken Nicole Larson Topeka KS ShawneeSamantha Jane Leeds Topeka KS ShawneeMatthew Kenneth Mantyla Topeka KS ShawneeColin Sherard Shaw Topeka KS ShawneeMonet Nicole Straub Topeka KS Shawnee

Alan Michael Vester Topeka KS ShawneeAmy Dee Rider Wichita KS ShawneeCassie Melinda Routh Alma KS WabaunseeDaniel Joel Hilliard Bonner Springs KS WyandotteTimothy Lawrence Carney Kansas City KS WyandotteHayley Nicole Sipes Kansas City KS WyandotteJackson Daniel Wagner Kansas City KS WyandottePaul Anthony Breer Kansas City MODylan James Fehl Kansas City MODane Austin Frazier Kansas City MOSarah Caitlyn McMillin-Beckman Kansas City MOBrian Curtis Peterson Kansas City MONicholas Robert Snow Kansas City MOSeth Douglas Crockett Ithaca NYJessica Elizabeth Trillo Mustang OKJacob Blayne Jensen Cottonwood Heights UT

New attorneys who are unable to attend these ceremonies can choose to have the oathadministered by a judge of record in the United States or make special arrangements with the clerkof the appellate courts to have the oath administered at a later date in the Judicial Center.



Topeka, Kansas 66612-1507 785-296-2256

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October 3, 2018

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Judge Kathryn Gardner Judge G. Gordon Atcheson Judge Anthony Powell

Kansas Court of Appeals panel to hear oral arguments at ChanuteHigh School

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral argumentsTuesday, October 16, at the Chanute High School auditorium at 1501 W. 36th St. inChanute.

Judges Kathryn Gardner, G. Gordon Atcheson, and Anthony Powell will hear oral argumentsin four cases. Two will be heard starting at 9:30 a.m. with the remaining two starting at 1:30p.m.

After each docket session, the judges will be available to answer questions from the publicabout the court and court procedures.

Additionally, the judges will speak to students at Chanute, Humboldt, and Erie high schoolsMonday, October 15.

Gardner, who is presiding judge of the panel, said she appreciated the work of Chief JudgeDaniel Creitz and his staff of the 31st Judicial District to host the panel and superintendentsand staff of the area school districts to host the judges' visits.

The 31st Judicial District is composed of Allen, Neosho, Wilson, and Woodson counties.

"We look forward to interacting with students, local judges, attorneys, and others during ourstay in Chanute," she said.

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and thejudges will have a chance to ask questions. The court will then take each case underconsideration and will issue a written decision at a later date, usually within 60 days.

There are 14 judges on the Court of Appeals, and they sit in three-judge panels to decidecases. In addition to the Court of Appeals panel hearing cases this week in Chanute, otherthree-judge panels of the Court of Appeals will be hearing cases in Olathe, Topeka, andWichita. All hearings are open to the public.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 inwhich the court issued a formal written opinion.

The four cases to be heard at Chanute High School are summarized below. They arise fromButler, Cowley, Crawford, and Elk counties.

9:30 a.m. ♦ Tuesday, October 16, 2018

Appeal No. 119,155: Aaron Nash v. Patrick T. Blatchford, M.D.Cowley County: Nash claims Blatchford was negligent in his medical care and treatment during surgery. He sued only Blatchford, who worked at South Central Kansas Medical Center, for medical malpractice. Blatchford responded Nash failed to give notice before he filed his lawsuit and moved for summary judgment before the trial began. The district court granted the motion, finding notice was required by statute but had not been given. Issues on appeal are whether: 1) the district court erred in finding notice was required; and 2) the notice statute is unconstitutional.

Appeal No. 118,496: State of Kansas v. Billy Jack DanielsButler County: Officers found methamphetamine and drug paraphernalia in Daniels' car and charged him with possession. The facts were not disputed, and Daniels waived his right to a jury trial. The judge found Daniels guilty and sentenced him to 20 months in prison. Daniels

appealed, citing the search of his vehicle violated his Fourth Amendment rights. The Statecontends Daniels gave consent for the search. Issue on appeal is whether the search ofDaniels' car was legal.

1:30 p.m. ♦ Tuesday, October 16, 2018

Appeal No. 117,736: Ashley Stephens, Special Administrator of the Estate of Randall D. Stephens, Deceased, v. Cindy L. Ainsworth, Executor of the Estate of William J. Lewis Jr., DeceasedElk County: Stephens and Lewis formed an oral partnership (High Plains Construction) to build steel structures. During that partnership, they built a cabin and bought land they used for hunting and other purposes. After the partnership dissolved and Stephens and Lewis died, their estates both claimed to own the cabin and land. After a trial, the district court found Lewis' estate owned the property because the property was not held by the partnership but was owned individually by the parties. The court found the property passed to Lewis when Stephens died by virtue of a deed to the property establishing joint tenancy with right of survivorship. Issue on appeal is whether the property was owned by the partnership or individually by the partners.

Appeal No. 118,974: Meredith Vaughn v. United Services Automobile Association Crawford County: Vaughn claims USAA breached its car insurance policy by not completely paying personal injury protection benefits after a car accident. USAA paid only part of two medical bills, claiming the charges were excessive. Before the trial began, the district court granted USAA's motion for summary judgment, finding Vaughn had no claim against USAA because she had entered into a total settlement of her case with the driver at fault in the accident. Issue on appeal is whether the district court erred in finding that under Kansas law, Vaughn had no claim against USAA after she settled with the driver.

Note: Reporters who want to cover the oral arguments using video, photo, or audiorecording devices, as spelled out in Supreme Court Rule 1001: Media Coverage of JudicialProceedings, must contact Lisa Taylor at [email protected], no later than noon Monday,October 15.



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October 10, 2018

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Nominees announced for district judge vacancy in 8th JudicialDistrict

TOPEKA—The 8th Judicial District Nominating Commission will convene at 9 a.m. October 29 inthe Geary County Courthouse, 138 E Eighth, Junction City, to interview nominees to fill a districtjudge vacancy in Geary County created by the January 1 retirement of Judge Maritza Segarra.



The nominees are:

Christopher E. Biggs, Junction City, an attorney with Knopp and Biggs, Manhattan.Courtney D. Boehm, Hillsboro, county attorney for Marion County.Antonio R. Cruz III, Junction City, assistant county attorney for Geary County.Cole A. Hawver, Manhattan, an attorney in the Junction City Public Defender Office,Junction City.Andrea E. Purvis, Abilene, county attorney for Dickinson County.Britain D. Stites, Junction City, city attorney for Junction City.David E. Yoder, Newton, county attorney for Harvey County.

The commission will select from three to five nominees whose names will be submitted to thegovernor to fill the position according to statutory qualification and residency requirements. Ifthere are not three nominees who reside in the judicial district who are deemed qualified by the

commission, the commission may consider nominees who reside outside the district. Thegovernor has 60 days after receiving the names to decide whom to appoint.

After serving one year in office, the new judge must stand for a retention vote in the next generalelection to remain in the position. If retained, the incumbent will serve a four-year term.


at least 30 years old.a lawyer admitted to practice in Kansas and engaged in the practice of law for at least fiveyears, whether as a lawyer, judge, or full-time teacher at an accredited law school.a resident of the judicial district at the time of taking office and while holding office.

The 8th Judicial District Nominating Commission consists of Justice Marla Luckert of the KansasSupreme Court as the nonvoting chair; Darrel Bryant, Council Grove; Carolyn Gaston, Milford;Kevin Harris, Abilene; James Hefley, Hillsboro; Arvid Jacobson, Junction City; Darrell Miller,Dwight; Douglas Thompson, Abilene; and secretary Edwin Wheeler Jr., Marion.



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October 16, 2018

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District Judge Robert Burns

District Judge Robert Burns to sit with Kansas Supreme CourtOctober 26

TOPEKA—District Judge Robert Burns of the 29th Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in one case on the court's October 26 docket.

After hearing oral arguments, Burns will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that District Judge Burns is taking time from his duties in the 29th Judicial Districtto sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court,and we look forward to his contributions in deliberating and eventually deciding this case.”

Burns was elected a district court judge for the 29th Judicial District, which is composed ofWyandotte County, in 2004.

Burns said, “I am honored to be asked by Chief Justice Nuss to sit on the Kansas SupremeCourt. I thank all of the justices for this opportunity, and I look forward to this unique experience.”

A lifelong resident of Kansas City, Kansas, Burns received an undergraduate degree fromHarvard University in 1988 and a law degree from the University of Notre Dame Law School in1991. He was in private practice from 1991 to 1995 and a legal department attorney for theUnified Government of Wyandotte County and Kansas City, Kansas, from 1996 to 2004.

All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! linkin the right-hand column of the Kansas judicial branch website at www.kscourts.org.

The case Burns will hear is the fourth one scheduled on the court's 9 a.m. docket October 26:

Appeal No.118,693: In the Matter of Lara M. Owens, respondent

Original Proceeding Related to Attorney Discipline: (Six-month suspension) Owens wasadmitted to practice law in Missouri in 2004 and in Kansas in 2005. Owens violated theKansas Rules of Professional Conduct regarding competent representation, diligence,communication, safekeeping property, representation, engaging in conduct that is prejudicialto the administration of justice, and cooperation when she: 1) failed to timely file a lawsuit fora terminated employee against the employer and, 2) failed to provide competentrepresentation in a paternity action. Owens entered into an agreement with the KansasLawyers Assistance Program and established a probation plan. However, Owens belatedlyfound a practice monitor, and the Disciplinary Administrator's Office objected to theprobation plan. The hearing panel found Owen's probation plan was workable, substantial,and detailed, and that she completed the diversion agreement, but her completion did notprevent the misconduct at issue. The panel recommended suspending Owens' license forsix months and requiring her to undergo a reinstatement hearing. The disciplinaryadministrator concurred. Owens did not give a closing argument at the formal hearing, butthe hearing panel assumed Owens wants to continue the plan of probation.



Topeka, KS 66612-1507 785-296-2256

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October 16, 2018

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District Judge James Vano

District Judge James Vano to sit with Kansas Supreme Court October25

TOPEKA—District Judge James Vano of the 10th Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in one case on the court's October 25 docket.

After hearing oral arguments, Vano will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that District Judge Vano is taking time from his duties in the 10th Judicial District tosit with the Supreme Court,” said Chief Justice Lawton Nuss. “It’s a great help to our court, andwe look forward to his contributions in deliberating and eventually deciding this case.”

Vano was appointed a district magistrate judge in 1999 and a district judge in 2002, both for the10th Judicial District, which is composed of Johnson County.

“I am honored at being asked to sit with our Supreme Court,” Vano said. “I look forward toworking with our justices and fulfilling the assignment. It will certainly be a pleasure to serve thecourt and the people of Kansas in this way.”

Vano earned a bachelor's degree in English from Cornell University in 1972 and a law degreefrom Washburn University School of Law in 1981. He was a research attorney for the KansasSupreme Court from 1981 to 1983 and counsel for the chief justice from 1992 to 1995. He was inprivate practice in Overland Park from 1983 to 1992 and from 1995 to 1999.


The case Vano will hear is the first one scheduled on the court's 9 a.m. docket Thursday,October 25:

Appeals No.114,897: State of Kansas v. David G. LundbergAppeals No.114,898: State of Kansas v. Michael W. Elzufon

Sedgwick County: (Petition for Review) Lundberg and Elzufon are property investors fromMinnesota. In 2005, they began buying property in downtown Wichita. The defendantsstarted four Kansas limited liability corporations for the purpose of offering investmentopportunities—including the sale of promissory notes and membership interests—related totheir Wichita properties. The interests in these Kansas LLCs were almost uniformly sold oroffered by commissioned individuals in California to investors who live in California. InFebruary 2015, Lundberg and Elzufan each were charged with 61 counts of violating theKansas Uniform Securities Act, including securities fraud and unlawful sale of unregisteredsecurities. The defendants moved to dismiss for lack of jurisdiction on the basis the districtcourt did not have territorial jurisdiction under K.S.A. 17-12a610 because the sales or offersto sell were not made in Kansas. The district court granted the motion and dismissed 56 ofthe charges. The State appealed. The Court of Appeals reversed the district court ruling,holding the language of the statute was broad enough to grant territorial jurisdiction. Issueon appeal is whether the district court correctly found the State failed to show Lundberg andElzufan sold or offered to sell a security in Kansas, which is required to establish territorialjurisdiction for criminal prosecution in Kansas courts.



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October 16, 2018

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Chief Judge Glenn Braun

Chief Judge Glenn Braun to sit with Kansas Supreme Court October23

TOPEKA—Chief Judge Glenn Braun of the 23rd Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in one case on the court's October 23 docket.

After hearing oral arguments, Braun will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that Chief Judge Braun is taking time from his duties in the 23rd Judicial District tosit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court, andwe look forward to his contributions in deliberating and eventually deciding this case.”

Braun was appointed a district judge in 2012 and has been chief judge of the 23rd JudicialDistrict since 2016. He presides over cases in Ellis, Rooks, Trego, and Gove counties.

“Having had the privilege of appearing before the Kansas Supreme Court as a practicingattorney, it is an honor to be extended the opportunity to sit as a judge with the court,” Braunsaid.

He is a graduate of Thomas More Prep-Marian High School in Hays, Kansas State University in1978, and Washburn University School of Law in 1981. He was in private practice until 2012 andserved as Ellis County Attorney from 1989 to 1997 and as a city of Hays prosecutor.

Braun served as president of the Kansas Bar Association in 2010-11 and as a commissioner ofthe Kansas Racing and Gaming Commission from 2005 to 2012. He was admitted to practicebefore the U.S. District Court and the U.S. Supreme Court.


The case Braun will hear is the first one scheduled on the court's 9 a.m. docket Tuesday,October 23. Braun sat with the court to hear this case when it first came before the court in May.

Appeal No. 115,036: State of Kansas v. Yamuna Rizal

Johnson County: (Petition for Review) Rizal is a convenience store co-owner convicted ofpossessing with intent to distribute K2—a controlled substance—near a school zone inviolation of K.S.A. 5705(c)(1)(A), now K.S.A. 21-5705(d)(2) and (5). The district courtsentenced Rizal to 36 months' probation in lieu of 49 months in prison but conditioned thesentence on serving 60 days in jail. The court considered in May 2018 whether McFadden v.U.S. applies to this case and whether the district court was required to find Rizal knew thesynthetic cannabinoids she was selling were illegal. Also on review are whether: 1)McFadden v. U.S. applies in this case and requires the prosecution to introduce evidencethe defendant actually knew the substance was illegal because it is listed as prohibited orknew the substance was a specific substance known by the defendant; and 2) there issufficient evidence of Rizal's mental state to support a finding of guilt if McFadden is applied.



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October 17, 2018

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12th Judicial District Nominating Commissions seeks nominees formagistrate judge

TOPEKA—The 12th Judicial District Nominating Commission is seeking nominations to fill adistrict magistrate judge position in Jewell County that will become vacant January 14, 2019.

The 12th Judicial District is composed of Cloud, Jewell, Lincoln, Mitchell, Republic, andWashington counties. The district magistrate judge may be given assignments anywhere in thedistrict.

Justice Caleb Stegall, the Supreme Court departmental justice responsible for the 12th JudicialDistrict, said nominees can apply or be nominated, but it must be on a nomination form andinclude the nominee's signature.


a graduate of a high school, a secondary school, or the equivalent.a resident of Jewell County at the time of taking office and while holding office.either a lawyer admitted to practice in Kansas, or able to pass an examination given bythe Supreme Court to become certified within 18 months.

Nominations must be accompanied by a nomination form available from the clerk of the districtcourt in Cloud, Jewell, Lincoln, Mitchell, Republic, and Washington counties; the clerk of theappellate courts at the Kansas Judicial Center; or the Kansas judicial branch website atwww.kscourts.org under What's New.

Completed forms, with supporting documentation and an authorization of release, must bereceived by noon Wednesday, November 7, in the office of:

Justice Caleb StegallChair, 12th Judicial District Nominating CommissionKansas Supreme Court301 SW 10th Ave.Topeka KS 66612-1507

The nominating commission will convene to interview nominees starting at 1 p.m. Friday,November 16, in the Jewell County Courthouse, 307 N Commercial, Mankato. Interviews areopen to the public. The commission will then appoint a district magistrate judge.


The 12th Judicial District Nominating Commission consists of Stegall as the nonvoting chair,Carol Good of Barnard, William Navis of Belleville, Dwight Daniels and Jerry Harrison ofBeloit, Dana Brewer and Bradley Lowell of Concordia, Tanner Johnson of Courtland, DanielMetz of Lincoln, Rick Diamond and Darrell Miller of Mankato, Bruce Meyer of Palmer, andRegine Thompson of Scandia.



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October 25, 2018

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Nominees to be interviewed for district judge vacancy in Geary County

TOPEKA—The 8th Judicial District Nominating Commission will convene at 9 a.m. October 29 in the Geary County Courthouse, 138 E Eighth, Junction City, to interview nominees to fill a district judge vacancy in Geary County created by the January 1 retirement of Judge Maritza Segarra.



The nominees and times of their interviews are:

9:15 a.m.David E. Yoder, Newton, county attorney for Harvey County.

9:45 a.m.Courtney D. Boehm, Hillsboro, county attorney for Marion County.

10:15 a.m.Antonio R. Cruz III, Junction City, assistant county attorney for Geary County.

10:45 a.m.Break

11 a.m.Cole A. Hawver, Manhattan, chief public defender in the Junction City Public Defender Office.

11:30 a.m.Andrea E. Purvis, Abilene, county attorney for Dickinson County.

NoonChristopher E. Biggs, Junction City, an attorney with Knopp and Biggs, Manhattan.

12:30 p.m.Britain D. Stites, Junction City, city attorney for Junction City.

The commission will select from three to five nominees whose names will be submitted to the governor to fill the position according to statutory qualification and residency requirements. If there are not three nominees who reside in the judicial district who are deemed qualified by the commission, the commission may consider nominees who reside outside the district. The governor has 60 days after receiving the names to decide whom to appoint.

After serving one year in office, the new judge must stand for a retention vote in the next general election to remain in the position. If retained, the incumbent will serve a four-year term.

Nominees for district judge must be:at least 30 years old.a lawyer admitted to practice in Kansas and engaged in the practice of law for at least fiveyears, whether as a lawyer, judge, or full-time teacher at an accredited law school.a resident of the judicial district at the time of taking office and while holding office.

The 8th Judicial District Nominating Commission consists of Justice Marla Luckert of the KansasSupreme Court as the nonvoting chair; Darrel Bryant, Council Grove; Carolyn Gaston, Milford;Kevin Harris and Douglas Thompson, Abilene; James Hefley, Hillsboro; Arvid Jacobson,Junction City; Darrell Miller, Dwight; and secretary Edwin Wheeler Jr., Marion.



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October 30, 2018

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8th Judicial District Nominating Commission submits nominees fordistrict judge vacancy in Geary County

TOPEKA—The 8th Judicial District Nominating Commission has sent the names of threenominees for district judge to Governor Jeff Colyer, who has 60 days to decide who will fill thevacancy created by the January 1 retirement of Judge Maritza Segarra.


The nominees are:

Courtney D. Boehm, Hillsboro, county attorney for Marion County.

Andrea E. Purvis, Abilene, county attorney for Dickinson County.

Britain D. Stites, Junction City, city attorney for Junction City.


at least 30 years old.

a lawyer admitted to practice in Kansas and engaged in the practice of law for at least fiveyears, whether as a lawyer, judge, or full-time teacher at an accredited law school.

a resident of the 8th Judicial District at the time of taking office and while holding office.

The 8th Judicial District Nominating Commission consists of Justice Marla Luckert of the KansasSupreme Court as the nonvoting chair; Darrel Bryant, Council Grove; Carolyn Gaston, Milford;Kevin Harris and Douglas Thompson, Abilene; James Hefley, Hillsboro; Arvid Jacobson,Junction City; Darrell Miller, Dwight; and secretary Edwin Wheeler Jr., Marion.



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October 17, 2018

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Kansas Supreme Court accepting comment on proposedamendments to rules governing Commission on Judicial

Qualifications

TOPEKA—The Kansas Supreme Court is accepting public comment on proposed changes to Rules 602 through 627 relating to complaints against judges.

Through the proposed amendments, the court seeks to create a clearer and more comprehensive complaint process for the benefit of both complainants and judges.

The court will accept comment until 5 p.m. Monday, December 17, 2018. Comment may be made by email to [email protected] with "Rules 602-627" in the subject line.

The proposed amended rules ares available for review on the Kansas Supreme Court website at www.kscourts.org under the heading What's New.

Rules 602 through 627 govern the Commission on Judicial Qualifications and its role helping the Supreme Court exercise its responsibility in judicial disciplinary matters. The Supreme Court created the commission in 1974 under authority granted by Article 3 of the Kansas Constitution.

Judges are guided by the Kansas Code of Judicial Conduct, which establishesstandards for ethical conduct by judges and judicial candidates. The code's guidanceis to help judges maintain the highest standards of judicial and personal conduct,and to provide a basis for regulating their conduct through disciplinary procedures.



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November 1, 2018

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Judge Anthony Powell Judge G. Gordon Atcheson Judge Kathryn Gardner

Kansas Court of Appeals panel to hear oralarguments in Dodge City

TOPEKA—A three-judge panel of the Kansas Court of Appeals will hear oral argumentsTuesday, November 13, at Ford County Courthouse, 101 W Spruce St., Dodge City.

Judges Anthony Powell, G. Gordon Atcheson, and Kathryn Gardner will hear oral argumentsin two cases starting at 9:30 a.m.

"Traveling to Dodge City to hear cases is part of the commitment of the Kansas Court ofAppeals to bring the court to the people," said Chief Judge Karen Arnold-Burger of the Courtof Appeals. “It also reduces the costs to the litigants to have their cases heard closer tohome.”

The Court of Appeals is a traveling court and regularly hears cases at the federalcourthouses in Wichita and Kansas City, Kansas, in addition to the Judicial Center inTopeka. However, it also travels to other locales to make the court's work more accessible tothe public and to accommodate parties in appealed cases.

"Chief Judge Van Hampton invited us to hear cases in Dodge City, and we eagerlyaccepted," Arnold-Burger said.

Hampton is chief judge of the 16th Judicial District, composed of Clark, Comanche, Ford,Gray, Kiowa, and Meade counties.

Oral Arguments

Attorneys for each side will have an opportunity to present arguments to the judges, and thejudges will have a chance to ask questions. The court will then take each case underconsideration and will issue a written decision at a later date, usually within 60 days.

There are 14 judges on the Court of Appeals, and the judges sit in three-judge panels todecide cases. In addition to the Court of Appeals panel hearing cases in Dodge City, otherthree-judge panels of the Court of Appeals will be hearing cases November 13 in Wichita,Topeka, and Kansas City, Kansas. All hearings are open to the public.

In fiscal year 2017, the Court of Appeals resolved appeals in 1,833 cases, including 1,265 inwhich the court issued a formal written opinion.

The two cases to be heard at the Ford County Courthouse are summarized below. Theyarise from Finney and Haskell counties.

9:30 a.m. ♦ Tuesday, November 13, 2018

Appeal No. 118,672: State of Kansas v. Robert Kenton Pollman Jr.

Finney County: Pollman entered a no-contest plea to attempted possession of methamphetamine. At sentencing, the Finney County District Court used a criminal history score of C to calculate Pollman's sentence, based primarily on a 2011 conviction the court classified as a person felony. For the first time on appeal, Pollman argues the district court misclassified the 2011 conviction. The State responds Pollman should be judicially estopped from challenging the classification of the 2011 conviction.

Appeal No. 117,404: Garetson Brothers and Foreland Real Estate LLC v. American Warrior Inc., successor in interest to Kelly and Diana Unruh and Rick Koehn

Haskell County: Garetson Brothers and Foreland Real Estate LLC own a senior water rightin Haskell County. Garetson filed a petition in Haskell County District Court seeking aninjunction to prevent the nearest junior water rights from impairing its senior water right.American Warrior Inc. and Koehn control the junior water rights at issue. After a trial, thedistrict court found the junior water rights were impairing the senior water right and issued apermanent injunction prohibiting American Warrior from exercising its junior water rights.American Warrior appeals the district court's order that it stop using its wells.

Note: Reporters who want to cover the oral arguments should become familiarwith Supreme Court Rule 1001: Media Coverage of Judicial Proceedings, To request permission to use video, photo, or audio recording devices during the proceedings, the reporter must submit his or her request to Lisa Taylor at [email protected], no later than noon Friday, November 9.



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November 6, 2018

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Judge Patrick McAnany

Judge Patrick McAnany to retire from Kansas Court of AppealsTOPEKA—Court of Appeals Judge Patrick McAnany will retire January 14 after 24 years on thebench.

McAnany was appointed a district court judge in the 10th Judicial District, composed of JohnsonCounty, in 1995 and was named a Court of Appeals judge in 2004.

He was a trial lawyer for almost three decades before becoming a judge, and he said it was awelcome change.

"Several district court judges before whom I'd tried a number of cases asked me to fill in for themfrom time to time as a pro tem judge. I found that I really enjoyed the change in roles," he said.

"As a trial lawyer I had always been an advocate for the client. That's essential for an effectivejudicial system. But as a judge, I became an advocate for the law itself. The goal became a justoutcome under the law, not merely what would be best for my client," he said.

During nine years as a judge in Johnson County, McAnany served two terms as chief judge andintroduced several programs.

"With the help of attorney Jeff Kincaid, we developed the 'Changing Lives Through Literature'program that required juvenile offenders to read a book and provide me with a book report at thenext hearing on their case. That eventually morphed into a program for adult offenders andintroduced them to new ideas and the world of books," he said.

He and his fellow judges also developed trial court performance standards for the 10th JudicialDistrict, which he said are still used today.

"They provide a system for setting measurable goals for the court to meet and for gettingfeedback from the community on how the court is performing and meeting the needs of thecommunity," he explained.

Additionally, he promoted the development of the Judicial Academy, a dozen videos ofpresentations to paralegal students at Johnson County Community College that covered allaspects of the law and the operations of the court.

"Different judges covered each one-hour segment," McAnany said. "The videos were played foryears on the college's cable channel that went out to all households in the county that had cableTV. The programs produced a lot of favorable comments and goodwill for the court and thejudicial system at large."

McAnany said the biggest challenge in moving from the district court to the appellate court wasdealing with criminal cases.

"As a lawyer I was the firm's utility infielder, handling cases from adoptions to zoning appeals. Ihandled all kinds of civil cases as a trial judge, but I had no criminal law experience whatsoever.So it was a real challenge getting up to speed on the wide variety of criminal issues that comebefore the Court of Appeals," he said.

McAnany is a native of Sweetwater, Texas. He graduated in 1965 from Rockhurst University inKansas City, Mo., with a bachelor's degree in philosophy. He received his law degree in 1968and a master's of law degree in business litigation in 1971, both from the University of Missouriat Kansas City.

He joined Miller & O'Laughlin in Kansas City, and then served in the office of general counsel forMobil Oil Corp., where he was assistant division attorney and antitrust counsel in New York City.He returned to Kansas in 1973 to join McAnany, Van Cleave & Phillips, where he was engagedin general civil and business litigation and served on the firm's board of directors.

McAnany has taught business law at Rockhurst University and trial advocacy at the University ofKansas School of Law. He served on the Kansas Supreme Court Nominating Commission andwas a member of the executive committee of the Kansas District Judges Association and thejudicial advisory board of the Law and Organizational Economics Center at KU.

He was named one of the 500 best judges in the United States in 2006 by Lawdragon Magazine.Other honors include the Liberty Bell Award from the Topeka Bar Association, the RecognitionAward from the Johnson County Sheriff’s Office, the Phil Lewis Medal of Distinction from theKansas Bar Association (as chairman, and on behalf of, the Kansas Supreme Court's BlueRibbon Commission), the Foundation Legacy Award from the Johnson County Bar Foundation,and the Chief Justice Richard W. Holmes Award of Merit from the American Judges Association.He also was a 2013 fellow of the Advanced Science and Technology Adjudication Resourceprogram of the U.S. Department of Justice.

McAnany said he has a list of things he wants to do in retirement.

"I've been neglecting my music of late," he said. He played violin in the Overland Park Orchestraand is currently part of a blues and jazz group.

He and his wife have two children and four grandchildren, whom they hope to visit more often.

"My wife has all kinds of travel plans in the works. In between, I hope to get my garden back intoshape, and I have a whole stack of books I've been meaning to get to for years."

By law, the governor appoints judges to the Kansas Court of Appeals, subject to a majorityconfirmation by the Kansas Senate. The governor has 60 days from the date the positionbecomes vacant to make the appointment. A Court of Appeals judge must be at least 30 yearsold and have been a Kansas lawyer, judge, or full-time teacher at an accredited law school for atleast 10 years.

Once the appointment is made, the incumbent must stand for a retention vote in the first generalelection after serving one year in office. Once retained, the judge serves a four-year term.



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November 6, 2018

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Five reappointed to juvenile justice committeeTOPEKA—The Kansas Supreme Court reappointed five people to two-year terms on theJuvenile Justice Oversight Committee.

The committee, formed in 2016 at the direction of the Kansas Legislature, reviews and overseesimprovements to the juvenile justice system in the state. Membership includes representationfrom all three branches of government.

The Supreme Court appointees are:

District Judge Delia York, serving in the 29th Judicial District, composed of WyandotteCounty.District Magistrate Judge Paula Hofaker, serving in Phillips County of the 17th District,also composed of Decatur, Graham, Norton, Osborne, and Smith counties.Kevin Emerson, chief court services officer for the 28th Judicial District, composed ofOttawa and Saline counties.Lara Blake Bors, Garden City, a juvenile defense attorney.Amy Raymond, director of trial courts programs, Office of Judicial Administration, Kansasjudicial branch.


November 8, 2018

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Supreme Court forms task force to examine pretrial detentionpractices

TOPEKA—The Kansas Supreme Court has formed an ad hoc task force to examine pretrialdetention practices in Kansas district courts and report its findings and recommendations to thecourt within 18 months.

The 15-member task force was created by a November 7 Supreme Court order signed by ChiefJustice Lawton Nuss. Its membership includes judges, defense attorneys, prosecutors, and courtservices and community corrections officers. It will have its first meeting December 13 and 14 inTopeka.

The task force is charged with examining current pretrial detention practices for criminaldefendants in Kansas district courts, as well as alternatives to pretrial detention used to ensurepublic safety and encourage an accused to appear for court proceedings.

The task force will also compare Kansas practices to effective pretrial detention practices anddetention alternatives identified by other courts. This comparison could be used to develop bestpractices for Kansas district courts.

"Every day Kansas judges decide whether to detain criminal defendants and under whatcircumstances. These decisions are made amid a national discussion about alternatives topretrial detention and the need to ensure no person is unnecessarily deprived of his or herliberty," said Nuss. "This is the perfect time for Kansas to examine its pretrial detention practicesto identify if and where improvements can be made."

Judge Karen Arnold-Burger, chief judge of the Kansas Court of Appeals, who will serve as chairof the task force, agrees.

"We've seen a lot of change in pretrial detention practices across the nation the last few years.We have an opportunity to learn from other jurisdictions, what they have tried and how it hasworked for them," Arnold-Burger said. "We won't know what is useful to us until we take a closerlook at it, and that’s what this task force will do."

The Supreme Court created the task force under authority granted to it by the KansasConstitution to oversee all courts in Kansas.

Creation of the task force follows closely a report from the ad hoc committee on municipal courtsfines, fees, and bonding practices that in September made its recommendations to the Kansasjudicial administrator and the executive director of the League of Kansas Municipalities. JudgeBrenda Stoss of the Salina Municipal Court chaired that ad hoc committee, and she has beenappointed to serve on this task force.

The municipal court ad hoc committee recommended that areas in need of additional studyincluded bail and pretrial detention practices.

Members of the task force are:

Nancy Dixon, judicial administrator, Kansas judicial branch, TopekaDistrict Judge Mary Mattivi, 3rd Judicial District, TopekaDistrict Judge Lori Bolton Fleming, 11th Judicial District, PittsburgDistrict Judge Wendel Wurst, 25th Judicial District, Garden CityDistrict Judge Jared Johnson, 28th Judicial District, SalinaDistrict Magistrate Judge Keith Collett, 8th Judicial District, AbileneJudge Brenda Stoss, Salina Municipal CourtCharles Branson, district attorney, Douglas CountyTodd Thompson, county attorney, Leavenworth CountyTom Drees, county attorney, Ellis CountySal Intagliata, defense attorney, WichitaJustin Barrett, defense attorney, ColbyDavid Harger, defense attorney, McPhersonRobert Sullivan, corrections director, Johnson CountyAnita Cash, chief court services officer, 29th Judicial District, Kansas City, Kan.

Resources for reporters:

Kansas Supreme Court order establishing the ad hoc task force.

National Task Force on Fines, Fees, and Bail Practices Resource Center.

National Center for State Courts 2017 report on trends in state courts.

Pretrial Justice Center for Courts


November 9, 2018

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12th Judicial District Nominating Commission to convene November13

TOPEKA—The 12th Judicial District Nominating Commission will convene at 10 a.m. Tuesday,November 13, by telephone to discuss the interview process for selecting a district magistratejudge.

The agenda will include discussing procedural matters, preinterview matters, and other topics.The meeting is open to the public, and anyone who wants to listen may join the conference call.To request calling instructions, email [email protected].

The 12th Judicial District is composed of Cloud, Jewell, Lincoln, Mitchell, Republic, andWashington counties.

The 12th Judicial District Nominating Commission consists of Justice Caleb Stegall as thenonvoting chair, Carol Good of Barnard, William Navis of Belleville, Dwight Daniels and JerryHarrison of Beloit, Dana Brewer and Bradley Lowell of Concordia, Tanner Johnson of Courtland,Daniel Metz of Lincoln, Rick Diamond and Darrell Miller of Mankato, Bruce Meyer of Palmer, andRegine Thompson of Scandia.


November 9, 2018

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District Judge Jeffrey Gettler

New chief judge appointed for 14th Judicial DistrictTOPEKA—Chief Justice Lawton Nuss announced today the Kansas Supreme Court hasappointed District Judge Jeffrey Gettler as chief judge of the 14th Judicial District from January13 through December 31, 2019.

Gettler will succeed Chief Judge William Cullins, who will continue to serve as a district judge inthe 14th Judicial District.

The 14th Judicial District is composed of Chautauqua and Montgomery counties.

"We are glad that Judge Gettler has agreed to serve as chief judge, providing continuity incapable leadership in the 14th Judicial District," said Nuss.

“I am honored to be appointed the next chief judge of the 14th Judicial District," Gettler said. "Iappreciate and am humbled by the Supreme Court’s confidence in my ability. I look forward toworking with the clerks, staff, attorneys, and my fellow judges in this new capacity.”

Gettler is an Independence native. He graduated from Independence Community College,Loyola University in Chicago, and the University of Kansas School of Law.

Before his election to the bench in 2016, Gettler was in private practice for more than 10 years.He also served as city prosecutor for the city of Independence, city attorney for the city ofCherryvale, and attorney for Unified School Districts 446 and 447.

Cullins has served as district judge in the 14th Judicial District since 2006 and chief judge since2015.

“It has been an incredible experience being chief judge the last four years, but this type ofexperience should not be reserved for one judge," Cullins said. "Judge Gettler will have anoutstanding staff to work with, and I am confident he will do an excellent job moving the 14thJudicial District forward.”

A native of Caney, Cullins graduated from the University of Oklahoma College of Law. Beforebecoming a judge, he was Montgomery County attorney, Coffeyville city prosecutor, and heworked in a private law practice.

Each of Kansas' 31 judicial districts has a chief judge who, in addition to his or her judicialresponsibilities, has general control over case assignments within the district, as well asgeneral supervisory authority over the administrative and clerical functions of the court.



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November 14, 2018

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District Magistrate Judge Cheryl Allen

District Magistrate Judge Cheryl Allen to retire from Reno Countyposition

TOPEKA—District Magistrate Judge Cheryl Allen, who serves in the 27th Judicial District, willretire November 30.

Allen has been magistrate judge in the district, which is composed of Reno County, since 2015.

"I enjoyed my time as a magistrate judge and hope that I made a difference," Allen said. "I triedto look at each case and take all of the facts into consideration before making a decision."

Allen was appointed by Governor Sam Brownback to fill a vacancy on the court in October 2015.She then was elected to a four-year term in 2016.

Before joining the bench, Allen was an assistant district attorney for Reno County for six years.She previously worked for 15 years as an attorney for prisoners at Hutchinson CorrectionalFacility.

She earned a bachelor's degree in social work from the University of Kansas and a law degreefrom the University of Kansas School of Law.

Allen said she will move to Lawrence to be closer to her children and plans to stay involved insome capacity in the legal system there.



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November 14, 2018

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12th Judicial District Nominating Commission to meet regardingnominee for magistrate judge

TOPEKA—The 12th Judicial District Nominating Commission will convene by telephoneconference call at 1 p.m. Friday, November 16, to discuss the one nominee received to fill adistrict magistrate judge position in Jewell County.

The meeting is open to the public, and anyone who wants to listen may join the conference call.To request calling instructions, email [email protected].

The district magistrate judge position will become vacant January 14, 2019. The 12th JudicialDistrict is composed of Cloud, Jewell, Lincoln, Mitchell, Republic, and Washington counties. Thedistrict magistrate judge may be given assignments anywhere in the district.

The nominee is Kevin L. Phillips, the current district magistrate judge for Jewell County.



After the meeting, the commission may appoint a district magistrate judge.


The 12th Judicial District Nominating Commission consists of Justice Caleb Stegall as thenonvoting chair; Carol Good of Barnard; William Navis of Belleville; Dwight Daniels and JerryHarrison of Beloit; Dana Brewer and Bradley Lowell of Concordia; Tanner Johnson of Courtland;Daniel Metz of Lincoln; Rick Diamond and Darrell Miller of Mankato; Bruce Meyer of Palmer; andRegine Thompson of Scandia.



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November 16, 2018

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12th Judicial District Nominating Commission appoints magistratejudge for Jewell County

TOPEKA—The 12th Judicial District Nominating Commission today appointed Kevin Phillips asthe district magistrate judge in Jewell County.

The 12th Judicial District is composed of Cloud, Jewell, Lincoln, Mitchell, Republic, andWashington counties. The district magistrate judge may be given assignments anywhere in thedistrict.

Phillips, of Mankato, is the current district magistrate judge for Jewell County. He was a lawyer inprivate practice before first being appointed as the magistrate judge in June 2017.




The 12th Judicial District Nominating Commission consists of Justice Caleb Stegall as thenonvoting chair; Carol Good of Barnard; William Navis of Belleville; Dwight Daniels and Jerry

Harrison of Beloit; Dana Brewer and Bradley Lowell of Concordia; Tanner Johnson of Courtland;Daniel Metz of Lincoln; Rick Diamond and Darrell Miller of Mankato; Bruce Meyer of Palmer; andRegine Thompson of Scandia.



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November 28, 2018

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Chief Judge Van Hampton

16th Judicial District Chief Judge Van Hampton to retireTOPEKA—Chief Judge Van Hampton of the 16th Judicial District will retire December 31.

Hampton has been a district court judge since 1995 and chief judge since 2015. He presidesover cases in Clark, Comanche, Ford, Gray, Kiowa, and Meade counties.

He was appointed district judge in August 1995 and has been re-elected every four years since1996.

"I am grateful for the opportunity to serve as district judge," Hampton said. "I have worked withthe best colleagues and staff imaginable."

Hampton also extended his thanks to Chief Justice Lawton Nuss and the Supreme Court justicesand judicial branch administrators "who have been unwavering in their support andencouragement" and made his tenure enjoyable.

"During my service as judge, I devoted myself to be a student of the law and endeavored toapply the law as fairly and efficiently as possible," he said.

A Dodge City native, he graduated from Dodge City Community College in 1975, Fort Hays StateUniversity in 1977, and Oral Roberts University School of Law in 1987. He earned a master oflaw degree in agricultural law from the University of Arkansas at Fayetteville in 1988.

Hampton was in private practice with Patton, Kerbs and Hess from 1988 until his appointment tothe bench in 1995.

In addition to his judicial responsibilities, as chief judge Hampton has had general control overcase assignments within the district, as well as general supervisory authority over theadministrative and clerical functions of the court.

"I have especially appreciated the opportunity to serve as chief judge of the 16th Judicial Districtfor the last four years of my tenure. The experience has taught me much about theresponsibilities of authority, to be fair but firm, and to be willing to do extra work that is requiredwithout expecting others to cover it," he said.

Hampton said he will be returning to the practice of law. He is joining friend Kurt Kerns toestablish a law firm in Dodge City. They intend to focus on defending people charged withviolations of the law in the United States and other countries and also will represent thoseinvolved in domestic disputes.

"I look forward to a rewarding career, doing what I have a passion to do: advocating for peoplewho need skillful and zealous representation," Hampton said.



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November 28, 2018

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Nominees sought for district magistrate judge vacancy in HarperCounty

TOPEKA—The 30th Judicial District Nominating Commission is seeking nominations to fill adistrict magistrate judge vacancy in Harper County created by the January 15 retirement ofJudge James Biles.


Justice Carol Beier, the Supreme Court departmental justice responsible for the 30th JudicialDistrict, said nominees can apply or be nominated, but any application or nomination requires acompleted nomination form that includes the nominee's signature.


a graduate of a high school, a secondary school, or the equivalent.

a resident of Harper County at the time of taking office and while holding office.

either a lawyer admitted to practice in Kansas, or able to pass a certification examinationgiven by the Supreme Court within 18 months.

Nomination forms are available from the clerk of the district court in Barber, Harper, Kingman,Pratt, or Sumner counties; the clerk of the appellate courts at the Kansas Judicial Center; or theKansas judicial branch website at www.kscourts.org under What's New.

One original and 11 copies of the completed nomination form and supporting letters or otherrelevant documents must be submitted by 5 p.m. Thursday, January 3, 2019, to:

Office of the Clerk of the Appellate CourtsAttn: Shelby SwaffordKansas Judicial Center301 SW 10th Ave., Room 107Topeka KS 66612-1507

The nominating commission will convene to interview nominees at 8 a.m. Friday, January 25,2019, in the Harper County Courthouse district courtroom, Anthony. Interviews are open to thepublic. The commission will then appoint a district magistrate judge. After serving one year inoffice, the new magistrate judge must stand for a retention vote in the next general election toremain in the position. If retained, the incumbent will then serve a four-year term.

The 30th Judicial District Nominating Commission consists of Beier as the nonvoting chair;Sidney Burkholder, Phillip Unruh, and Elaine Esparza, Harper; Lance Dixon and GregoryGraffman, Kingman; Robert Eisenhauer and Jason Roberts, Pratt; Alan Goering and RichardSwayden, Medicine Lodge; and Melvin Matlock, Belle Plaine.



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December 3, 2018

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District Judge Warren Wilbert

Sedgwick County District Judge Warren Wilbert to retireTOPEKA—Sedgwick County District Judge Warren Wilbert will retire January 11, 2019, after 24years on the bench.

Wilbert currently is the presiding judge in the civil department of the 18th Judicial District, whichis composed of Sedgwick County. He also oversees the district's drug court.

"I have enjoyed presiding over complex cases including medical negligence, first-degreepremeditated murder and capital murder cases," Wilbert said. "The intellectual stimulationprovided by the various trials allowed me to become a student of the law again, which was muchdifferent from the demands of private practice. There was nothing more satisfying than to presideover a case that was tried by well-prepared lawyers."

Wilbert said he will miss working with judicial branch employees.

"I have admired their dedication to public service and their desire to provide the public withaccess to justice," he said.

Wilbert was appointed district judge in 1995. After earning a bachelor's degree at WashburnUniversity and graduating from the Washburn University School of Law, he was in privatepractice for more than 18 years, the last seven as a solo practitioner.

In the 18th Judicial District, Wilbert also has served in the family law and criminal departments.He was presiding judge of the criminal department from 2011 to 2013.

Wilbert served on the executive committee of the Kansas District Judges Association from 2001to 2012 and was KDJA president for 2010-11.

He said he looks forward to spending more time with family and grandchildren, traveling with hiswife, and golfing.

"I plan to take motorcycle trips with my brother, who lives in Montana," he added. "Inaddition, I’m sure there will be many opportunities to volunteer at my church."



Topeka, KS 66612-1507 785-296-2256

www.kscourts.org


December 3, 2018

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With exceptions, state courts to close Wednesday for national day ofmourning

TOPEKA--With some exceptions, state courts will close Wednesday, December 5, to observe anational day of mourning for former President George H.W. Bush, in concurrence with actionstaken by the federal government and Governor Jeff Colyer.

In its order observing the day of mourning, the Kansas Supreme Court gave chief judges of eachof the state's 31 judicial districts discretion to conduct court proceedings that day if they are inthe best interest of justice.

Persons who are scheduled to be in state court Wednesday should check with the court wherethe proceeding is scheduled to verify whether it will take place. A list of state courts and theircontact information is available at www.kscourts.org/kansas-courts/district-courts/default.asp. Tofind a court, select the county where the court is located from the dropdown menu below thestate map. Check the court's website for announcements before calling.

Limited efiling support will be available to attorneys during regular business hours by contacting1-844-892-3721 or [email protected].

No hearings are scheduled Wednesday before either the Supreme Court or the Court ofAppeals. The Kansas Judicial Center will be closed.


December 4, 2018

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District Judge David Rogers

District Judge David Rogers to sit with Kansas Supreme CourtDecember 12

TOPEKA—District Judge David Rogers of the 31st Judicial District has been appointed to sit withthe Kansas Supreme Court to hear oral arguments in one case on the court's December 12docket.

After hearing oral arguments, Rogers will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that District Judge Rogers is taking time from his duties in the 31st Judicial Districtto sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to our court,and we look forward to his contributions in deliberating and eventually deciding this case.”

Rogers has been a district judge since 2005. He regularly hears cases in Wilson and Woodsoncounties of the 31st Judicial District, which also is composed of Allen and Neosho counties.

“It is a great honor to be asked to sit with the Supreme Court, and I am very appreciative of theopportunity and look forward to serving the people of Kansas in this manner,” Rogers said.

Rogers is a lifelong Wilson County resident. He graduated from Fredonia High School in 1977,Kansas State University in 1981, and the University of Kansas School of Law in 1984. Hepracticed with his father, Steven Rogers, in private practice from 1984 to 2005. He also servedas municipal court judge in Fredonia.


The case Rogers will hear is the first one scheduled on the 9 a.m. docket December 12:

Appeal No.114,937: Marilyn K. Parsons v. Jon M. King and The Trust Company ofKansas

Leavenworth County: (Petition for Review)The Trust Company of Kansas employed King, aKansas-licensed attorney, as a trust officer. TCK policy prohibited employees from practicinglaw during employment. Unaware of TCK's policy, King continued to represent Parsonsbefore, during, and after his employment with TCK. While employed with TCK, Kingtransferred funds from Parsons' TCK account to pay himself for legal fees. TCK wasunaware of this until the end of King's employment, at which point it filed a complaint ofsuspected elder abuse with the Kansas Department of Social and Rehabilitation Servicesand an ethical complaint with the Office of the Disciplinary Administrator. Parsons then suedTCK and King. The jury found TCK liable for negligent failure to train but not liable for any ofthe other claims against TCK, including negligent supervision of King. TCK raised threeissues in the Court of Appeals: 1) there was insufficient evidence to support the verdict; 2)the district court should have granted TCK's motion for judgment as a matter of law; and 3)the jury was improperly instructed on TCK's failure to train King. The Court of Appealsreversed and remanded to the district court by finding the evidence was insufficient tosupport the verdict for negligent failure to train and the district court should have grantedTCK's post-trial motion for judgment as a matter of law. Issues on appeal are whether: 1)there is sufficient evidence of TCK's negligent training to support the jury's verdict; 2) thejury's verdict is reasonably within the jury's purview of the evidence presented; and 3) thedistrict court's denial of the motion for judgment as a matter of law should be affirmed onappeal.



Topeka, KS 66612-1507

785-296-2256www.kscourts.org


December 4, 2018

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District Judge David Debenham

District Judge David Debenham to sit with Kansas Supreme CourtDecember 11

TOPEKA—District Judge David Debenham of the 3rd Judicial District has been appointed to sitwith the Kansas Supreme Court to hear one case on the court's December 11 docket.

After hearing the case, Debenham will join Supreme Court justices in their deliberations anddecision drafting.

“I am pleased that District Judge Debenham is taking time from his duties in the 3rd JudicialDistrict to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It's a great help to ourcourt, and we look forward to his contributions in deliberating and eventually deciding this case.”

Debenham was appointed to the bench in 2008. He hears cases in the 3rd Judicial District,which is composed of Shawnee County.

“Having had the opportunity of appearing before the Kansas Supreme Court as an attorney, it isa privilege to be asked to sit with our current Supreme Court. I am both humbled and honoredwith this assignment,” Debenham said.

A native of Abilene, Debenham is a graduate of Bethany College and Washburn UniversitySchool of Law. He practiced law for 28 years with governmental agencies. As a prosecutingattorney, he held positions of deputy attorney general and deputy district attorney.


The case Debenham will hear is the fifth one scheduled on the 9 a.m. docket December 11:

Case No. 119,909:In the Matter of Timothy J. Grillot, Respondent

Original Proceeding Related to Attorney Discipline: (Indefinite suspension) The Kansas SupremeCourt admitted Grillot to the practice of law in September 1982. This complaint arose out ofGrillot's inadequate representation of an individual on appeal and his improper actions asadministrator of an estate. A majority of the hearing panel recommends indefinite suspension ofhis law license. A concurring and dissenting member of the hearing panel recommends a two-year suspension because of extenuating circumstances. The disciplinary administratorrecommends disbarment. Counsel for Grillot recommends a one-year suspension.



Topeka, KS 66612-1507 785-296-2256

www.kscourts.org


December 7, 2018

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Law student joins Kansas Lawyers Assistance Program boardTOPEKA—The Kansas Supreme Court appointed Kyler Wineinger to the Kansas LawyersAssistance Program board.

Wineinger, of Tribune, is a student at Washburn University School of Law, Topeka. He will servea six-year term ending June 30, 2024.

The Supreme Court created the Kansas Lawyers Assistance Program to help lawyers seektreatment for physical or mental illness, substance abuse, or emotional distress. A lawyerseeking help can be paired with a volunteer attorney for peer counseling; directed to a treatmentcenter or medical professional; or pointed to KALAP's Resiliency Support Group, which offersweekly sessions run by a psychologist who also is a lawyer.



Topeka, KS 66612-1507 785-296-2256

www.kscourts.org


December 10, 2018

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District Judge John Kisner Jr.

Sedgwick County District Judge John Kisner Jr. to retireTOPEKA—Sedgwick County District Judge John Kisner Jr. will retire January 14, 2019, aftermore than 15 years on the bench.

Kisner was appointed to fill a judge vacancy in the 18th Judicial District, which is composed ofSedgwick County, in July 2003. He currently is assigned to the criminal division. Kisner

previously served as presiding judge of the criminal division and as judge for the drug courtprogram.

"It has been an honor to serve as a district court judge," Kisner said. "I will forever appreciate theimportance of the judicial system to each and everyone one of us. My own experiences have ledme to recognize that Kansas has a lot of fine people who have and continue to fulfill the visionthat Madison, Washington, Hamilton, and the others had for our judicial system. I hope in theyears ahead, those placed in positions of power in our state will give more consideration to theneeds of this system."

Kisner earned a bachelor's degree from Wichita State University and a law degree fromWashburn University School of Law.

Before being appointed to the bench, he was special counsel for the Kansas CorporationCommission and assistant district attorney and then deputy district attorney for the 18th JudicialDistrict.



Topeka, KS 66612-1507 785-296-2256

www.kscourts.org


December 17, 2018

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Chief Judge E. Leigh Hood

New chief judge appointed for 16th Judicial DistrictTOPEKA—The Kansas Supreme Court has appointed District Judge E. Leigh Hood as chiefjudge of the 16th Judicial District from January 1 through December 31, 2019.

Hood will succeed Chief Judge Van Hampton, who is retiring.

The 16th Judicial District is composed of Clark, Comanche, Ford, Gray, Kiowa, and Meadecounties.

"We are glad that Judge Hood has agreed to serve as chief judge, providing continuity incapable leadership in the 16th Judicial District," said Nuss. "I have an added interest becausemy family has owned farm ground in Ford County since the 1880s."

Hood, a Bucklin native, was elected a Ford County district judge in 2000 and has been re-elected four times since.

“I am honored to be appointed as the chief judge of the 16th Judicial District following theretirement of Judge Hampton. I look forward to continuing to work with our clerks, attorneys, andfellow judges as we move forward,” Hood said.

He earned a bachelor's degree in 1977 from Wichita State University and a law degree in 1982from Washburn University School of Law.

He was assistant county attorney for Ford County from 1982 to 1989 and county attorney forFord County from 1989 to 2001.

He and his wife, Lisa, have two children and live in Bucklin.

Each of Kansas' 31 judicial districts has a chief judge who, in addition to his or her judicialresponsibilities, has general control over case assignments within the district, as well asgeneral supervisory authority over the administrative and clerical functions of the court.



Topeka, KS 66612-1507 785-296-2256

www.kscourts.org


December 28, 2018

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Lisa TaylorPublic Information [email protected]

Kansas Supreme Court establishes policy to give employees paidparental leave

TOPEKA—The Kansas Supreme Court announced today it has established policy to give judicial branch employees six weeks of paid parental leave for the birth or adoption of a child.

"To effectively compete for employees, the judicial branch must offer benefits and pay comparable to what is currently available on the job market," said Chief JusticeLawton Nuss. "This leave policy is an action we can take to remain competitive whilewe continue to seek funding that allows us to pay our employees at market rates."

The new Supreme Court policy, which is defined in Administrative Order 299, allowsjudicial branch employees to receive up to six weeks of paid parental leave followingthe birth of the employee's child or the placement of a child for adoption. The leavemust be taken in the first 12 weeks immediately following the child's birth orplacement.

The judicial branch has about 1,600 employees who work as court administrators,court services officers, court reporters, clerks, and in other administrative and clericalpositions.

According to a salary study conducted by the National Center for State Courts,Kansas judicial branch employees are paid below market rates, ranging from a fewpercentage points to as much as 18 percent below market.

The Supreme Court's latest biannual budget request, submitted in September, asksfor funding to bring employee compensation rates to market levels.



Topeka, KS 66612-1507 785-296-2256

www.kscourts.org

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