The Kansas Prosecutor The official publication of the Kansas County and District Attorneys Association Volume IV, No. 1, Winter 2007 Meet the 2006-2007 KCDAA Board Ed Brancart Thomas R. Stanton David Debenham President Vice President Secretary/Treasurer Wyandotte County Deputy District Reno County Deputy District Shawnee County Deputy District Attorney Attorney Attorney KCDAA Board: 6 years KCDAA Board: 4 years KCDAA Board: 4 years KCDAA Member: 13 years KCDAA Member: 16 years KCDAA Member: 25 years Ann Swegle Jacqie Spradling John Wheeler, Jr. Director Director Director Sedgwick County Deputy District Johnson County Assistant District Finney County Attorney Attorney Attorney KCDAA Board: 1 year KCDAA Board: 2 years KCDAA Board: 2 years KCDAA Member: 14 years KCDAA Member: 26 years KCDAA Member: 15 years Chairs & Representatives Mike Jennings Chair, Legislative Committee No Photo Assistant Sedgwick County District Available Attorney Chief, Narcotics and Vice KCDAA Member: 23 years Margaret (Maggie) McIntire CLE Committee Chair Assistant Sedgwick County District Melissa Johnson Doug Witteman Attorney Director Past President KCDAA Member: 18 years Seward County Assistant County Coffey County Attorney Attorney KCDAA Board: 5 years Nola Tedesco Foulston KCDAA Board: Since Dec. 2006 KCDAA Member: 10 years NDAA Representative KCDAA Member: 12 years Sedgwick County District Attorney KCDAA Member: 18 years The Kansas Prosecutor The official publication of the Kansas The Kansas Prosecutor County and District Attorneys Association The official publication of the Kansas County Published by the Kansas County and District and District Attorneys Association Attorneys Association, 1200 S.W. Tenth Avenue, Topeka, Kansas 66604. Phone: (785) 232-5822 Fax: (785) 234-2433 Volume IV, No. 1, Winter 2007 Table of Contents President’s Page by Doug Witteman, Past President ........................................ 2 Our mission: The purpose of the KCDAA is to promote, Doug Witteman Travels to Washington .......................................................... 3 improve and facilitate the administration of justice in the State of Kansas. Executive Director’s Page by Steve Kearney .................................................... 4 For questions or comments about this publication, please contact the editor: Special Committee on Judiciary Discusses Issues Mary Napier by State Representative Lance Kinzer ................................................................. 6 [email protected] (785) 783-5494 Preventing Children from Being Victims by Eric Melgren ............................. 8 Board of Editors Sex Predators: New Punishments under Jessica’s Law John Settle Jerome Gorman by Scott Toth ...................................................................................................... 10 David Debenham Mary Napier Advisory Council How to Conduct Performance Evaluations by Nola Foulston ..................... 13 Angela Wilson, chair Brad Lippert Lee Davidson Former KCDAA Member Highlight: Kimberly Knoll We Remember John Bork by Jared Maag ..................................................... 17 KCDAA Administrative Staff Steve Kearney, Executive Director 2006 KCDAA Award Winners ....................................................................... 19 Leisa Shepherd Kellie Kearney Richard Samaniego Kari Presley KCDAA Milestones ......................................................................................... 20 Michael White A Salute to Vern Miller ................................................................................... 21 This magazine is dedicated to professional prosecutors across the state of Kansas for public information. The KCDAA and the members of the Editorial Board assume no responsibility for any opinion or statement of fact in the substantive legal articles published in The Kansas Prosecutor. We welcome your comments, suggestions, questions, information, etc. From time to time, The Kansas Prosecutor will publish About the Cover articles dealing with controversial issues. The views expressed in The Kansas Prosecutor are those of the authors The Mitchell County Courthouse was and may not reflect the official policy of the KCDAA. Send completed in 1901 at a cost of $38,310. It was correspondence to: The Kansas Prosecutor editor, 1200 S.W. called the Queen Mary of Courthouses in Kansas, Tenth Avenue, Topeka, Kansas 66604 or e-mail Mary Napier being built of pitch-faced limestone in the at [email protected]. Richardsonian Romanesque design. The building contains 25 rooms on three © The Kansas Prosecutor All rights reserved floors. In the halls, the original stone floor tiles, decorative metal ceiling and early embossed Photocopying, reproduction or quotation is strictly wall coverings are visible. The original ornate prohibited without the written consent from the publisher or fireplaces can be seen in several offices. Editorial Board. Unsolicited material and/or correspondence The courthouse was listed on the National cannot be acknowledged or returned, and becomes the Register of Historical places November 23, 1977. property of The Kansas Prosecutor. Photo by John D. Morrison, Prairie Vistas Gallery President’s Page by Doug Witteman, KCDAA Past President and Director John Wheeler. This this past October with the well group has worked diligently and deserved Lifetime Achievement effectively to make decisions, Award. both financial and philosophical, Considerable thanks for to move this organization into this past year’s efforts is also the future. This diverse group due to another group of people. of people brought varied and That group consists of both By this time, I am the past valuable perspectives to the table the Board of Editors and the president of the KCDAA, but and while there were occasional Advisory Council for The Kansas I decided to submit a final disagreements, spirited and Prosecutor, the publication that President’s Page. For me, last productive discussion always led you hold in your hand. This year was a busy year, as I am to an informed decision. Because publication is less than two years sure it was for many of you. It of their work, this organization old, and it has become nothing was an eventful and produc- has continued to fulfill its mission less than a thoroughly profes- tive year for our organization, to promote, improve and facilitate sional magazine that is chock full thanks to the exceptional efforts the administration of justice in of useful and interesting informa- of many of our members and the state of Kansas. It has truly tion that assists us in our work and colleagues. As I look back over been a privilege and honor to professionally reflects our work the year, I am grateful for the serve with these good people, and to those outside of our organiza- efforts of many and for the help I would encourage each of you to tion. While I hope that these and courtesies extended to me join me in thanking them for their individuals will forgive me for not while I have served as president efforts. listing them individually, for the of the Kansas County and District I would also like to express list is long, I nevertheless would Attorneys Association. While I my gratitude to two of our encourage you to turn back a page have enjoyed the opportunity in members who are the chairs of and review their names in the earlier editions to use this page to specific committees. Maggie left hand column. Many of these wax philosophical ideas, I think McIntire has done a wonderful names are undoubtedly familiar to it appropriate to now use this job as chair of our CLE you, and I would encourage you space to express my appreciation committee. We have enjoyed two to thank them when the opportu- to those individuals who have great conferences that provided nity presents itself. worked to make a positive contri- outstanding learning opportuni- This organization has bution to this organization during ties. Maggie would be the first continued to flourish this past the past year. to say that many other people year due in large part to individ- Initially, I want to express my contribute greatly, however, her uals who are not members of sincere appreciation for all of the leadership has been invaluable. the KCDAA, but who play a efforts of those who have served Equally worthy of praise is our large role in both the day-to-day as members of the KCDAA Board legislative chair Mike Jennings. operations of the organization and of Directors during my term: Mike has been a prosecutor for in the promotion of the organi- Past President Tom Drees, Vice 28 years, and his tireless efforts zation’s objectives. Executive President Ed Brancart, Secretary/ to promote legislation that allows Director Steve Kearney and Treasurer Tom Stanton, Director us to better protect the citizens we the balance of his able staff not Dave Debenham, Director Ann serve has been truly noteworthy. only manage the daily affairs of Swegle, Director Jacqie Spradling It was a pleasure to honor Mike the organization and effectively 2 The Kansas Prosecutor Winter 2007 Doug Witteman travels to Washington KCDAA Past President Doug Witteman traveled to Washington, D.C. with a group of Kansas Bar Association lawyers and was sworn into the U.S. Supreme Court Bar on October 16, 2006. He was fortunate to have both Chief Justice lobby the legislature on John Roberts and Justice Ruth Bader Ginsburg attend a reception after the our behalf, they continue swearing-in ceremony. Below is information from the KBA about the event. to bring forth