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Kansas Judicial Branch - News Release Archive 11/25/2014

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Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2000 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2000

Appellate Court Contacts 12/20/00, 11/22/00, 11/15/00, 9/29/00, 8/31/00, 5/26/00, 5/2/00 District Court Contacts Photo Album Office of Judicial Administration Kansas Judicial Center CONTACT INFORMATION 301 West 10th Topeka, Kansas 66612-1507 The Kansas Supreme Court (785) 296-2256 301 SW 10th Avenue For More Information, Topeka Kansas 66612-1507 contact Ron Keefover Education-Information Officer Office of Judicial Administration Telephone: 785.296.2256 FOR IMMEDIATE RELEASE: December 20, 2000 Fax: 785.296.7076 The Supreme Court today announced the appointment of Judge Gary W. Rulon as the next chief judge of Email: [email protected] the state Court of Appeals. Chief Justice Kay McFarland said the appointment is effective January 8th, Appellate Clerk's Office upon the retirement of the current chief judge, J. Patrick Brazil. Telephone: 785.296.3229 Judge Rulon, of Emporia, has been a member of the Court of Appeals since 1988. Before that, he was Fax: 785.296.1028 administrative judge of the 5th Judicial District, which consists of Chase and Lyon counties. Prior to his Email: [email protected] appointment as administrative judge in Emporia, Rulon served as a staff attorney on the Central Staff of the U.S. Court of Appeals for the 10th Circuit. He was in private practice in Emporia from 1972 to 1979.

He is a graduate of Washburn University and of the Washburn Law School, as well as Topeka High School. He and his wife, Patricia, have two grown daughters who live in the Kansas City area.

As chief judge of the Court of Appeals, Judge Rulon will be responsible for general administrative functions and judge and location assignments. The Court of Appeals is an intermediate appellate court, which sits in three-judge panels across the state.

Office of Judicial Administration Kansas Judicial Center 301 West 10th Topeka, Kansas 66612-1507 (785) 296-2256 For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: November 22, 2000

The following judges attended the 17th National College on Judicial Conduct and Ethics in Chicago, Illinois, October 26-28, 2000: Chief Judge J. Patrick Brazil, Topeka; Judge Kathryn Carter, Concordia; Jude Robert Fleming, Parsons; and Judge Mike Malone, Lawrence.

The College, sponsored every two years by the American Judicature Society's Center for Judicial Conduct Organizations, provides a forum for members and staff of judicial conduct commission, judges, judicial educators, and others interested in judicial ethics to exchange experiences and discuss solutions to their common problems. Chief Judge J. Patrick Brazil, Judge Kathryn Carter, and Judge Robert Fleming are members of the Kansas conduct commission know as the Commission on Judicial Qualifications and chaired by Judge Carter.

The workshop topics included: The Appearance of Impropriety; Bifurcated Judicial Discipline System; Conditions as Part of a Sanction; Confidentiality; Current Issues in Community Activities; Disqualification (Judge Malone faculty member); Issues for New Commission Members; Judicial Independence and Judicial Discipline; and The Role of Public Members; and Sanctions (Chief Judge Brazil faculty member).

The judges received a scholarship from the State Justice Institute which covers transportation and registration fee. The State Justice Institute (SJI) is a non-profit organization established bye Federal law to award grants to improve the quality of justice in State courts nationwide, facilitate better coordination between State and Federal courts, an foster innovative, efficient solutions to common problems faced by all courts.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2000.asp 1 / 4 Kansas Judicial Branch - News Release Archive 11/25/2014

(785) 296-2256

November 15, 2000

TO: Statehouse Media FROM: Ron Keefover RE: Court of Appeals Nominees

The names of three persons were submitted to Gov. Bill Graves today as nominees to fill the vacancy on the Court of Appeals that will be created by the retirement of Chief Judge J. Patrick Brazil on January 8th.

Nominated to serve as a member of the Court of Appeals are: Chief Judge Stephen D. Hill, 49, Paola, and attorneys Lee Alan Johnson, 53, Caldwell; and Lawton M. Nuss 47, Salina. The governor will have 60 days in which to make an appointment from the list.

The Supreme Court Nominating Commission, consisting of four non-lawyers and four lawyers representing each of the state's four congressional districts plus a lawyer member elected statewide to serve as chair, met in Topeka Monday and Tuesday to interview suggested nominees for the vacancy.

Judge Hill has been a district judge of the 6th Judicial District (consisting of Miami, Linn and Bourbon counties) since 1981. He was appointed by the Supreme Court as administrative judge of the district in 1990 and remains in that capacity today, although the position has since been renamed chief judge.

A 1975 graduate of the Washburn University School of Law, Judge Hill began his law practice in Mound City and served as assistant Miami County Attorney in Paola. He was appointed Linn County Attorney and then elected to the post in 1976.

Johnson has practiced law in Caldwell in Sumner County since 1980, where he became a general partner in the firm of Stallings & Johnson until May 1987 when his partner retired. He is currently a sole practitioner. A 1979 graduate of the Washburn Law School, he served as its placement officer for one year and then entered private practice. He served as mayor of the City of Caldwell from 1976-1977, and has been a judge pro tem in Welington Municipal Court and Sumner County District Court.

Nuss joined the Salina firm of Clark, Mize & Linville, Chartered, Salina, upon his graduation from the University of Kansas School of Law in 1982. He was named a shareholder and vice president of the firm in 1988, and has remained with the firm since then. In 1977 and 1978, after two years as a combat engineering officer, he served as a legal officer in the U.S. Marine Corps, where he handled courts- martial, administrative discharge hearings and hearings under Article 15 of the Uniform Code of Military Justice. He is currently chair of the Board of Editors of the Journal of the Kansas Bar Association.

Members of the Supreme Court Nominating Commission include Lynn R. Johnson, chair, Overland Park; Lowell F. Hahn, Phillipsburg; Debbie L. Nordling, Hugoton; Thomas E. Wright and James S. Maag, both of Topeka; Thomas L. Bath Jr. and Suzanne S. Bond, both of Overland Park; M. Kathryn Webb, Wichita, and Dennis L. Greenhaw, Independence, KS.

Office of Judicial Administration< Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information contact Ron Keefover, Education-Information Officer

FOR IMMEDIATE RELEASE: September 29, 2000

The Kansas Supreme Court and U.S. District Court will meet in special session at 10 a.m. today at the Topeka Performing Arts Center to swear in 216 new attorneys. The ceremony will be conducted before the justices of the Supreme Court and U.S. District Judge Richard D. Rogers.

Prospective attorneys will be presented to the courts by Gerald Goodell, chairman of the Kansas Board of Law Examiners. Appellate Court Clerk Carol G. Green and Ralph DeLoach, clerk of the U.S. District Court, will administer the oaths of office. Judge Rogers will represent the federal court.

The Kansas Bar Association will host a reception for the new attorneys and their families in the Hill's Festival Hall in the Lower level of the Performing Arts Center immediately following the ceremony.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information contact Ron Keefover, Education-Information Officer or Chief Judge Brazil (785) 296-5407

FOR IMMEDIATE RELEASE: August 31, 2000

Hon. J. Patrick Brazil, Chief Judge of the Kansas Court of Appeals since 1995, announced today he is not http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2000.asp 2 / 4 Kansas Judicial Branch - News Release Archive 11/25/2014

seeking retention for another four-year term. Today's announcement will mark the conclusion of 28 years as a Kansas judge, including 15 years on the appellate court and 13 as a state district judge in Eureka.

Reflecting on his career, Judge Brazil said that our system of justice, like democracy, is not perfect but it is the best system that has ever been created.

"The ultimate goal of our legal system is to achieve justice in human conflict. As a trial judge, I tried to do that by assuring every person a fair, if not perfect, trial."

"Similarly, as a judge of the Court of Appeals, I have reviewed the records of the trial court to find and correct serious or reversible error, not necessarily all error."

During his tenure as chief judge, the court has concentrated on addressing the huge backlog of appeals caused by the 1993 enactment of the Kansas Sentencing Guidelines Act. "With the help of many people, we have eliminated the backlog and drastic ally reduced the delay in deciding the appeals."

"But," he said, "to remain current we are continuing to rely more and more on the help of district judges." Following the recommendations of the Kansas Citizens Justice Initiative report, and based on his own knowledge of the needs of the court, he plans to urge the legislature next year to approve four additional judges for the court.

Born in Pittsburg, Chief Judge Brazil attended Chanute Junior College (now Neosho County Community College) and received a B.S.B.A. degree from Rockhurst College, Kansas City, Missouri, in 1957. He received his law degree from Washburn University School of Law in 1962. Judge Brazil was appointed Chief Judge June 1, 1995.

He was a state district judge from 1972 until his appellate court appointment on December 11, 1985. Prior to that, he practiced law in Pratt and Eureka.

Brazil believes that any system of justice is only as good as the judges and lawyers in the system. For that reason, he has been a member of the Kansas Commission on Judicial Qualifications since 1985. The Commission reviews complaints filed agai nst judges and makes recommendations to the Supreme Court for appropriate sanctions or removal from office when judges have violated the Code of Judicial Ethics. "I have always been impressed with the dedication of the judges, lawyers and citizens who ha ve served on the Commission." Brazil was chairman of the Commission from 1991 to 1994, and has presented programs on judicial ethics statewide and nationally.

More recently, Brazil has been interested in the growth of the Inns of Court program in the United States. "It is a program that brings judges and older lawyers together with newer lawyers and law students in a mentoring relation that is dedicated to the preservation of professionalism and ethics in the legal profession." He is a charter member and past president of the Sam A. Crow Inn of Court in Topeka.

He has served in the officer positions of the Kansas District Judges' Association, including president from 1980-1981. He was a member of the Advisory Committee of the Kansas Judicial Council for Civil and Criminal Pattern Instructions for Kansa s from 1983 to 1995. He served on the Kansas Continuing Legal Education Commission from its creation in 1985 to July 1, 1991.

While on the district court bench, he was active in the national Conference of State Trial Judges and served as chairman and vice chairman of several of that organization's committees.

Judge Brazil is currently a member and officer of the National Conference of Chief Judges. In 1994, he received an Outstanding Service Award conferred by the Kansas Bar Association.

Looking back at his 15 years on the Court of Appeals, he is reminded of all the judges, law clerks and staff that he has worked with. "It has been an honor and privilege to know and work with such dedicated and good people. Like so many of my fr iends in the 13th Judicial District, as well as many lawyers and judges across the state, I think of the Court as family."

Brazil is a member of Topeka South Rotary. He and his wife, Char, belong to Christ the King Catholic Church in Topeka. They have two children, Michelle, an attorney for Sprint, and Jody, a Senior Sales Engineer for Fish Net Security. They are both married and living in Johnson County.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

May 26, 2000

To: Statehouse Media From: Ron Keefover

Re: Appeal No. 83,805: Unified School District No. 501 and The Board of Education of U.S. No. 501 et al. v. Linda M. Baker

The Supreme Court today filed its decision in the above entitled appeal and rules 5-2 that teachers are ineligible to serve as a member of the their Board of Education under the common-law doctrine of incompatibility of office, reversing Shawnee County District Court. Writing for the majority is Justice Fred N. Six. Justices Donald L. Allegrucci and Tyler C. Lockett, in separate dissents, would affirm the district court on the basis that 11 attempts to pass a bill prohibiting the dual service has failed each time since the bills were first introduced beginning in 1979.

Justice Six, in writing for the majority, said the positions of teacher as employee and board member as employer are incompatible. He said the fact that the legislature has not acted is "not necessarily indicative http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2000.asp 3 / 4 Kansas Judicial Branch - News Release Archive 11/25/2014

of legislative intent. A court can draw many contradictory inferences from the legislature's failure to pass a bill," he wrote.

The appeal arose in a lawsuit from Shawnee County in which the court was asked to determine whether Linda M. Baker, a teacher in the Topeka school district since 1984, could serve on the board of education after assuming the position on July 1, 1999. The court ruled that rather than finding that Baker vacated her tenured teaching position when she assumed the duties of board member, the more equitable approach is that "because she is contractually employed by the district, her employment as a teacher endures."

Justice Allegrucci, in his dissent, said he agrees with the rationale and decision of District Judge Marla Luckert and that Supreme Court previously ruled that inferences can be drawn from the legislature's inability to pass legislation.

He said the legislature's consideration, but failure to enact, a so-called dram shop act is indicative of legislative intent under a decision relating to the liability of a nightclub for an ensuing drunk driving accident caused by one of its patrons. "The legislature's failure to pass any of the 11 bills introduced since 1979 speaks volumes on the issue of whether a teacher may serve on a school board," Justice Allegrucci wrote.

Justice Lockett added in his dissent that be believes the majority's interpretation of the statute prohibits a member of the "board of education from contracting to perform any work or service for or to sell any goods to the school district."

Office of Judicial Administration Kansas Judicial Center 301 West 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: May 2, 2000

Chief Justice Kay McFarland today notified the Secretary of State of the establishment of the newly created 26th Division of Sedgwick County District Court.

The notification paves the way for the election of a judge at this year's primary and general elections. The incumbent would assume the office in January.

The Supreme Court certified the creation of the judgeship in April contingent upon funding by the legislature. "I am pleased to report that the legislature came through with suitable funding that will make this badly needed position a reality," Chief Justice McFarland said in announcing the official notification of the vacancy.

She noted that the April order included findings that the Sedgwick County District Court has experienced a dramatic increase in filings for Children in Need of Care under the Kansas Code for Care of Children. "While statewide, such filings have increased by 48 percent in the last 10 years, the Sedgwick County District Court has seen an increase of 158 percent," the court's order stated.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2000.asp 4 / 4 Kansas Judicial Branch - News Release Archive 11/25/2014

Kansas Courts

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Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2001 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2001

Appellate Court Contacts 12/18/01 | 10/26/01 | 10/19 | 10/8/01 | 9/14/01 | 6/29/01 | 6/1/01 | 5/16/01 | 5/11/01 | 4/27/01 | District Court Contacts 3/30/01 Photo Album Office of Judicial Administration CONTACT INFORMATION Kansas Judicial Center 301 SW 10th Ave The Kansas Supreme Court Topeka, Kansas 66612-1507 301 SW 10th Avenue (785) 296-2256 Topeka Kansas 66612-1507 For more information, Office of Judicial Administration contact Ron Keefover Telephone: 785.296.2256 Education-Information Officer Fax: 785.296.7076 FOR IMMEDIATE RELEASE: December 18, 2001 Email: [email protected] District Judge Robert W. Fairchild has been named chief judge of the 7th Judicial District, a one-county Appellate Clerk's Office district consisting of Douglas County, to succeed Chief Judge Michael J. Malone who asked to be relieved Telephone: 785.296.3229 of the additional administrative duties effective January 1. Fax: 785.296.1028 Email: [email protected] Supreme Court Justice Bob Abbott, who is departmental justice for the area that includes Douglas County, said the Court is "sorry that Judge Malone didn't want to continue with the administrative duties. He has held the chief judge position for 12 years and has worked very hard. They have an outstanding judicial district," Justice Abbott said.

"Judge Malone has always had a good relationship with the other judges in the district, but has worked with other judges across the state on numerous court improvement projects. But we do look forward to working with Judge Fairchild and know he will do a great job as chief judge," Justice Abbott said.

As chief judge, Judge Fairchild will have general management responsibilities in the judicial district, including assigning judicial caseloads and directing all clerical and administrative personnel. The appointment is for two years.

Judge Fairchild was appointed to the Douglas County bench in March 1996, following approximately 23 years of private practice as a shareholder and attorney in the firm of Riling, Burkhead, Fairchild and Nitcher and its predecessors in Lawrence. He also has been an adjunct professor of law at the University of Kansas since 1993.

Judge Malone was appointed district judge in Douglas County in 1982, after having served nine years in the Douglas County attorney's office, first as an assistant county attorney and then as district attorney. He is a 1973 graduate of the Universityof Kansas law school. He has been an adjunct professor of law at the University of Kansas since 1981, where he teaches trial advocacy.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: October 26, 2001

Child support affects a large number of people in Kansas and there is a constant concern that the system be fair and equitable. The Kansas Supreme Court, through its Child Support Guidelines Advisory Committee, is reviewing the procedures through which child support is collected in Kansas.

The Court periodically examines the guidelines to ensure that they are fair for both parents and are in the best interests of the child. The Child Support Guidelines Committee is holding a public meeting in the Crawford County Courthouse, 4th and Pine, Pittsburg, on Thursday, November 1, from 7 to 8:30 p.m. The purpose is to hear from parents participating in the current system. Other public hearings are scheduled in Dodge City and Pittsburg during September, October, and November. The advisory committee will conduct a follow-up meeting on the guidelines from 9 a.m. to 2 p.m. Friday, November 2, in the courthouse.

Testimony at the public hearing will be limited to not more than five minutes per person and may be limited further depending on the number of persons wishing to testify. Written testimony is strongly encouraged. Comments and testimony will be restricted to matters related to the Kansas Child Support Guidelines.

Questions regarding the meetings should be directed to Mark Gleeson, Family and Children Program Coordinator at (785) 291-3224 or through e-mail at [email protected]. Written comments to the committee can be submitted to the Kansas Supreme Court's Child Support Guidelines Advisory http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2001.asp 1 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

Committee, Room 2N, Kansas Judicial Center, Topeka, Kansas 66612.

The Kansas Child Support Guidelines can be found on the Kansas Supreme Court web site at www.kscourts.org.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: October 19, 2001

Marvin E. Thompson, Russell, has been awarded a certificate of appreciation for his long-time service on the Kansas Judicial Council, a 10-member board that works to improve the administration of justice in Kansas by continuously studying the judicial system and related areas of the law.

Thompson served as a member of the prestigious board for 31 years. Other members of the board include the chair of the judiciary committee of both houses of the Legislature and judges and lawyers appointed by the Supreme Court. During his tenure he served as a member and chair of numerous committees of the Judicial Council, which resulted in sweeping changes to Kansas law.

He served as a member of the Care and Treatment/Guardianship Advisory Committee, the Continuing Legal Education Advisory Committee, the Civil Code Advisory Committee, the Lien Law Advisory Committee, the Probate Law Advisory Committee and the title Standards Advisory Committee.

He chaired the Governmental Immunity Advisory Committee from 1970 through 1973, Administrative Chair of the State Bench Bar Advisory Committee from 1973 through 1975, chair of the Continuing Legal Education Advisory Committee from 1976 through 1978, and chair of the Advisory Committee on Attorney Fees in 1986. He also served as chair of the Civil Code Advisory Committee from 1975 through 1994 and as chair of the probate Law Advisory Committee from 1997 until his retirement from the Judicial Council.

In Russell, he has been a long time member of the B.P.O.E., served on the county zoning commission and serves as Moderator for the First Congregational Church of Russell. He married Maxine Snow in 1942. She died in 1991. He has two children, David Thompson of Russell and Patricia Hubert of Vernon, Vermont. In 1992, he married Arcella Wasinger.

Thompson also was honored by a Senate Resolution that was adopted during the 2001 legislative session. He is a past president of the Kansas Bar Assn.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: October 8, 2001

The Supreme Court announced today it is establishing a statewide impaired lawyers assistance program to further combat problems resulting from mental infirmity, disorder, or addiction to or excessive use of drugs and alcohol.

The new program, called Kansas Impaired Lawyers Assistance Program, is being funded exclusively from attorney registration fees. It will be led by an attorney devoting half time to the position. He or she will have several years in recovery, or experience and training in mental health and addiction treatment, pursuant to a job announcement that is currently being advertised across the state. Application deadline is November 1.

Justice Donald L. Allegrucci, who presented the proposal to the Supreme Court, said the director will be supported by an 11-member board and volunteer attorneys who will serve as counselors. He noted that there has been an impaired lawyer committee of the Kansas Bar Association for many years; however, much of its work is confined to urban areas. The new program is designed to reach all areas of the state, particularly in the more rural parts, to enhance statewide coverage.

The primary purposes of the program are to protect clients from harm caused by impaired lawyers, assist impaired lawyers in recovery, and education the bench and bar to the causes of and remedies for impaired lawyers.

Among the duties of the director are to provide initial response to help line that will be set up, to help members of the legal community and their families secure expert counseling and treatment for chemical dependency and other illnesses, maintain current information on available treatment services, establish and maintain liaison with other bar functions that serve as sources of referral or resources in providing help, and plan and deliver educational programs for the legal community with respect to all sources of potential lawyer impairment, as well as treatment and preventive measures.

"The bottom line is that we want to provide immediate and continuing help to lawyers who suffer from physical or mental disabilities that result from disease, disorder, trauma, or age and that impair their ability to practice," Justice Allegrucci said.

"Depression, drugs, and alcohol are recurring problems that surface in attorney discipline cases that come before us," he said.

Office of Judicial Administration http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2001.asp 2 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: September 14, 2001

The Court periodically examines the guidelines to ensure that they are fair for both parents and are in the best interests of the child. The Child Support Guidelines Committee is holding a public meeting in the Ellis County Courthouse Commission Chambers, Hays, on Thursday, September 20, from 7 to 8:30 p.m. The purpose is to hear from parents participating in the current system. Other public hearings are scheduled in Dodge City and Pittsburg during September, October, and November.

Testimony will be limited to not more than five minutes per person and may be limited further depending on the number of persons wishing to testify. Written testimony is strongly encouraged. Comments and testimony will be restricted to matters related to the Kansas Child Support Guidelines.

Questions regarding the meetings should be directed to Mark Gleeson, Family and Children Program Coordinator at (785) 291-3224 or through e-mail at [email protected]. Written comments to the committee can be submitted to the Kansas Supreme Court's Child Support Guidelines Advisory Committee, Room 2N, Kansas Judicial Center, Topeka, Kansas 66612.

The Kansas Child Support Guidelines can be found on the Kansas Supreme Court web site at www.kscourts.org.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

June 29, 2001

To: Kansas News Media From: Ron Keefover Re: Budget Deficit Plan

All of the state's 31 chief judges have been notified this week of steps approved by the Supreme Court to address a $1.9 to $2.0 million deficit in the budget for the fiscal year beginning Monday.

Key components of the plan include the continuation of a 60-day delay in filling nonjudicial vacancies, a 25 percent reduction in the amount of funds available to hire temporary workers, elimination of travel for district magistrate judges from outlying districts into districts that do not have district magistrate judges, elimination of travel for Court of Appeals hearings, and assignment of additional specific budget reductions in each judicial district.

Even with those savings, however, the Judicial Branch will still be $528,753 short of meeting the budget as approved by this year's Legislature. That money will have to be either saved by further action of the Supreme Court or through a supplemental appropriation from the 2002 Legislature. If a supplemental appropriation is not forthcoming, the chief judges have been advised it is possible that three one-day furloughs of non-judicial employees may be planned for the months of April, May, and June, with one furlough day scheduled in each month.

Rumors that employee furloughs every Friday, or every Friday for several consecutive weeks, are not true and are not part of the budget plan that was announced this week. I have attached a copy of the memorandum explaining the budgetary actions that are being taken, as well as the amount of local savings required for each of the judicial districts.

Chief Justice McFarland will be available as time permits today for any follow-up questions. Please contact me at 296-4872 if you wish to make arrangements to interview her. Thanks.

Following is a summary of the Court's plan to address the $1.9 to $2.0 million deficit:

Judicial Branch Budget Deficit Reduction Plan Total Budget Deficit $1.9 to $2.0 Million Minus 60-Day Hiring Freeze($700,000 to $800,000) Minus System-Wide Reductions ($146,636) Minus Local Reductions($524,611) Projected Remaining Deficit ($528,753)

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256 http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2001.asp 3 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

June 1, 2001

Former Hiawathan Receives Master of Law in Legal Process Degree

For More Information, Contact Ron Keefover Education-Information Officer

For Immediate Release:

Hon. Robert L. Gernon, of the Kansas Court of Appeals, has been awarded a Masters of Law in Legal Process degree from the University of Virginia School of Law, it was announced in Topeka today.

Judge Gernon, a native of Hiawatha, was among 30 judges from across the country who were selected to participate in this graduate program for judges. It is the only such program in the United States. Participants spend two summers in classes at the University of Virginia campus, and then must write a thesis.

Each judge completing the course work, and having his or her paper accepted, then receives a Masters of Law in Legal Process(LLM) from the University of Virginia School of Law.

Judge Gernon grew up in Hiawatha. He was graduated from the University of Kansas with a BS degree in business administration in 1966. He received his law degree from Washburn University School of Law in 1969.

Prior to his appointment to the Court of Appeals, he served as a judge of the 22nd District beginning in 1979, including two terms as the district's administrative judge from 1981 until his appointment to the Court of Appeals. Prior to becoming a judge, he engaged in the private practice of law from 1970 to 1979 and also served as Brown County Attorney and County Counselor from 1971 to 1975. Judge Gernon is a former assistant Shawnee County attorney and probation and Presentence investigator for Shawnee County.

Active in both the Kansas Bar Association. and Kansas District Judges' Association., he has served on the KBA's Continuing Legal Education Committee since 1986 and on the KDJA Executive Council since 1987. He also has been a member of the KBA's Committee on Professionalism and the KDJA's legislative committee. He is chairman of the Annual Survey of Law Committee, which publishes an annual survey for the KBA, and serves as program coordinator for the annual program associated with that publication. He is a 1991 recipient of the KBA Outstanding Service Award. Judge Gernon has been a frequent speaker at various professional programs, including speaking as a faculty advisor for the National Judicial College. He has been appointed to the Supreme Court's Task Force on Permanency Planning, a board relating to juveniles who come in contact with the courts or a social service agency.

He has two adult children, Becky and Kristin.

Office of Judicial Administration Kansas Judicial Center 301 West 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information C ontact Ron Keefover Education-Information Officer

FOR RELEASE: May 16, 2001

The Kansas Supreme Court Child Support Guidelines Advisory Committee will conduct a public hearing at the Sedgwick County Courthouse June 7th to hear recommendations concerning revision of the statewide guidelines for setting child support amounts.

The guidelines, pursuant to federal rules, are to be examined every four years for possible revision. The current guidelines are online at www.kscourts.org.

The Wichita committee meeting will be from 7 to 8:30 p.m. in the jury assembly room on the first floor of the courthouse. Persons wishing to attend the session need to use the north entry to the courthouse.

Written comments can be submitted to the Kansas Supreme Court's Child Support Guidelines Advisory Committee, Room 2N, Kansas Judicial Center, Topeka, Kansas 66612.

Office of Judicial Administration Kansas Judicial Center 301 West 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR RELEASE: Friday, May 11, 2001

The Court of Appeals in a case of first impression in Kansas today reversed a Leavenworth County decision in a probate case denying a petition by a person who had undergone a sex-change operation to inherit from her deceased husband's estate. http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2001.asp 4 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

In striking down the trial court's ruling denying the validity of the marriage, the Court of Appeals remanded the case for further consideration. Said the court in a decision authored by Judge Robert L. Gernon: "In determining the validity of a marriage in cases in which the sexual identity of a party is at issue, a trial court must consider and decide whether the individual was a male or female at the time the marriage license was issued and not simply what the individual's chromosomes were or were not at the time of birth." The opinion then lists seven other factors that should be considered in making the determination.

The ruling came in a probate case in which the son of Marshall G. Gardiner, Joe, filed for letters of administration in Leavenworth County District Court. His petition was countered by one filed on behalf J'Noel Gardiner, who had married the decedent in September 1998, following a sex-change operation and other procedures in the early 1990s to change gender to that of a woman. J'Noel was issued a new birth certificate in Wisconsin indicating her sex as female.

"The legislative history contains discussions about gays and lesbians," Gernon wrote, "but nowhere is there any testimony that specifically states that marriages should be prohibited by two parties if one is a post-operative male-to-female transsexual. Thus, the question remains: Was J'Noel a female at the time the license was issued for the purpose of the statute?"

The trial court held that the marriage was invalid finding that J'Noel was born a male and remains a male for purposes of marriage under Kansas law; however, the Court of Appeals concluded that numerous other factors in addition to chromosomes have to be considered in making the determination. Thus, the Court of Appeals, citing scientific references in a law review article, and scientific findings in a medical journal, reversed and remanded the case so that each side would have the opportunity to present evidence on the factors the court ordered should be considered. Using those factors, the trial court must then decide whether the marriage was valid and J'Noel can share in the estate as a spouse.

In a companion case, the court also remanded the issue of attorney fees for redetermination in light of the reversal in this case. Decisions in the two appeals, No. 85,030 and 85,159, are posted in full at www.kscourts.org.

Office of Judicial Administration Kansas Judicial Center 301 West 10th Topeka, Kansas 66612-1507 (785) 296-2256

From: Ron Keefover Date: May 11, 2001

Chief Justice Kay McFarland has an unusually busy schedule Monday a.m. Let's see, arrange projects for staff, work on opinions, and, oh yes, report for jury duty in Shawnee County District Court.

In what may be a historical first, but certainly the first time in the past 35 years or more, a sitting chief justice has been summoned for jury service. She also will have a first-hand look at how Shawnee Countians are treated when they report for this civic duty.

The summons seems particularly timely in view of jury reform measures Chief Justice McFarland initiated three years ago. Since then, she has commissioned jury exit surveys in six judicial districts (which included a mix of rural, medium, and urban jurisdictions) measuring juror satisfaction, or lack of it, pushed for an increase in payments for jury service, implemented a juror employer appreciation award, featured nationally recognized speakers on best practices in jury management at judicial conferences, and otherwise taken steps to encourage efficient use and treatment of persons reporting for jury duty.

"We take the important role that our citizens fill in participating in the judicial branch of their government very seriously," Chief Justice McFarland commented. "The jury system is the very foundation on which the judicial branch of government is based. Juries are a significant part of the peaceful resolution of our disputes. I believe it is important that jurors' needs are met wherever possible in order that their jury service is as meaningful and painless as possible," she said."

The chief justice is to report at 8:45 a.m. Monday to the office of jury coordinator.

Office of Judicial Administration Kansas Judicial Center 301 West 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

April 27, 2001

The Kansas Supreme Court and U.S. District Court will meet in special session at 10 a.m. today at the Topeka Performing Arts Center to swear in 176 new attorneys. The ceremony will be conducted before the justices of the Supreme Court and U.S. District Judge Richard D. Rogers.

Prospective attorneys will be presented to the courts by Hon. Carol Beier, of the Court of Appeals, on behalf the Kansas Board of Law Examiners. Appellate Court Clerk Carol G. Green and Ralph DeLoach, clerk of the U.S. District Court, will administer the oaths of office. Judge Rogers will represent the federal

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court.

March 30, 2001

TO: 30th Judicial District News Media FROM: Ron Keefover RE: Swearing-In of Court of Appeals Judge Lee A. Johnson

The Court of Appeals will meet in special session Friday, April 6th, at 2:30 p.m. to administer the oath of office to Hon. Lee A. Johnson, Caldwell, as the newest member of the court.

He is succeeding Chief Judge J. Patrick Brazil, who retired in January. Johnson will be presented to the Court of Appeals by C. Gage Overall, chairman and CEO of the Stock Exchange Bank of Caldwell. A reception for Judge Johnson will follow in the atrium of the Judicial Center.

Johnson has practiced law in Caldwell in Sumner County since 1980, where he became a general partner in the firm of Stallings & Johnson until May 1987 when his partner retired. He is currently a sole practitioner. He is a 1979 graduate of the Washburn Law School. He served as mayor of the City of Caldwell from 1976-1977, and has been a judge pro tem in Wellington Municipal Court and Sumner County District Court.

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Kansas Courts

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Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2002 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2002

Appellate Court Contacts 11/22/02 | 11/18/02 | 10/28/02 | 10/1/02 | 7/22/02 | 06/10/02 | 05/20/02 | 01/16/02 | 01/08/02 | District Court Contacts 01/03/02 Photo Album Office of Judicial Administration CONTACT INFORMATION Kansas Judicial Center 301 SW 10th The Kansas Supreme Court Topeka, Kansas 66612-1507 301 SW 10th Avenue (785) 296-2256 Topeka Kansas 66612-1507 For More Information, Office of Judicial Administration Contact Ron Keefover Telephone: 785.296.2256 Education-Information Officer or Fax: 785.296.7076 Carol G. Green Email: [email protected] Clerk of the Appellate Courts 785.296.3229

Appellate Clerk's Office FOR IMMEDIATE RELEASE: November 22, 2002 Telephone: 785.296.3229 The names of three nominees to fill the vacancy on the state Supreme Court being created by the Fax: 785.296.1028 retirement of Justice Tyler C. Lockett have been submitted to the governor for appointment. Justice Email: [email protected] Lockett retires at the end of his current term on January 13, 2003.

Nominated are Court of Appeals Judge Robert L. Gernon, 59; Kansas City attorney M. Warren McCamish, 55; and Riley County District Judge David L. Stutzman, 51. Governor Bill Graves will have 60 days in which to make an appointment to the Court. The three were nominated by the Supreme Court Nominating Commission, a nine-member panel consisting of a lawyer and non-lawyer from each of the four congressional districts plus an attorney chairman selected in an at-large election by registered members of the state bar.

Judge Gernon has been a member of the Court of Appeals since 1988. Before that, he served as a judge of the 22nd Judicial District beginning in 1979, including two terms as the district's administrative judge from 1981 until his appointment to the Court of Appeals. Gernon engaged in the private practice of law from 1970 to 1979 and also served as Brown County Attorney and County Counselor from 1971 to 1975.

Judge Gernon graduated from the University of Virginia Law School's Graduate Program for Judges in 2001 with a LL.M., Masters in the Judicial Process. He graduated from the University of Kansas with a BS degree in Business Administration and received his law degree from the Washburn University School of Law in 1969.

McCamish has been practicing law in Kansas City for 30 years, including 26 years as a member of the law firm of Williamson & Cubbison. In addition to his private practice, McCamish has been inducted as a Fellow in the prestigious American College of Trial Lawyers and since 1998 has served as a member of the Kansas Board for Discipline of Attorneys. He also has served in the part-time position of Judge of the Municipal Court of Edwardsville since 1975.

He is a 1973 graduate of the University of Kansas School of Law and a 1968 KU graduate with a BS in Business Administration.

Judge Stutzman has been a district court judge since January 24, 1997, when he left the Manhattan law firm of Arthur, Green, Arthur and Condeman following nearly 15 years with that law office. Recently, the judge presided over the case of Kansas State University v. Morris Communications (WIBW) on broadcasting rights to KSU football. The judge entered an order in favor of WIBW's right to continue its solo broadcasts; however, within a week of the judgment, KSU and WIBW announced a complete settlement of all issues in the case, including abandonment of an appeal.

Judge Stutzman obtained a BS degree with merit from the U.S. Naval Academy, Annapolis, MD, and went on to serve in the Navy as the Repair Division Officer and Damage Control Assistant on the guided missile frigate USS Brooke. Following his discharge from the Navy, Judge Stutzman completed his law degree at the University of Kansas and was graduated fourth in his class in 1982.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2002.asp 1 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

FOR IMMEDIATE RELEASE: November 18, 2002

The names of three nominees to fill the vacancy on the state Supreme Court being created by the retirement of Justice Fred N. Six have been submitted to the governor for appointment.

Both Justice Six and Justice Tyler C. Lockett are to retire at the end of their current term on January 13. Nominees to fill the vacancy created by Justice Lockett's retirement will be named following the appointment of Justice Six's successor.

Nominated are Shawnee County District Judge Marla J. Luckert, 47; Riley County District Judge David L. Stutzman; 51, and Miami County District Judge Stephen D. Hill, 51. Gov. Bill Graves will have 60 days in which to make an appointment to the Court. The three were nominated by the Supreme Court Nominating Commission, a nine-member panel consisting of a lawyer and non-lawyer from each of the four congressional districts plus an attorney chairman selected in an at-large election by registered members of the state bar.

Once Gov. Graves makes an appointment from this list, the Nominating Commission will reconvene to submit the names of three more nominees to fill the second vacancy.

Judge Luckert has been chief judge of the Third Judicial District, a one-county district consisting of Shawnee County, since 2000. She has been a district judge since April 1992. Before that, she was in private practice in the Topeka law firm of Goodell, Stratton, Edmonds & Palmer, which included eight years as a partner and two and a half years as an associate. She also has taught courses on health law and bioethics at the Washburn University School of Law during her career.

She is a 1992 graduate of the National Judicial College judges' general jurisdiction course, a 1980 graduate of the Washburn law school, and a 1977 graduate of Washburn University.

Judge Hill has been a district judge since 1981 and has been chief judge of the Sixth Judicial District since 1990. He is a 1972 graduate of the University of Kansas with a BS degree in English and a 1975 graduate of the Washburn University School of Law.

Immediately after graduation from law school, he practiced law in Mound City and was assistant Miami County Attorney in Paola. He was appointed Linn County Attorney and then was elected to the position in 1976. He regularly sits with the Court of Appeals and was nominated for appointment to that court in 2000.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: October 28, 2002

The names of 29 persons have been suggested to fill two impending vacancies on the state Supreme Court.

The Supreme Court Nominating Commission, which consists of one lawyer and one non-lawyer from each of the state's four congressional districts, plus an attorney member selected statewide, will narrow the list for Gov. Bill Graves to appoint successors to Justices Fred N. Six and Tyler C. Lockett. Both are scheduled to retire at the end of their terms in January.

The Nominating Commission will conduct interviews November 14-15 and then submit the names of three persons for one of the vacancies. Upon the governor's appointment of that justice, another list of three names will be submitted for appointment to fill the second vacancy.

Attached is a list of those whose names have been submitted for consideration.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2002.asp 2 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

For Immediate Release: October 1, 2002

The Kansas Supreme Court, the Kansas Department on Aging, the Kansas Bar Association and a number of bar associations across the state are cosponsoring the second annual Elders and the Law Week Oct. 7- 11. The project's goal is to inform older Kansans how the court system affects them and to encourage them to visit their local courthouses.

Last year the effort was concentrated on encouraging each local court to sponsor activities on how the court system affects the elderly. This year the effort is to encourage local organizations which serve older Kansans to help cosponsor these activities.

Courts in Forty-five counties have some form of activity in addition to activities sponsored by local senior organizations. Materials have also been sent to every senior citizen center in the state and a number are planning to put up posters which give information on how the courts operate. All the libraries in the state have also been sent posters to display.

The Elders and Law Week planning committee received a grant to develop a video tape explaining how the court system works. The 10-minute video tapes were distributed to all judicial districts and Area Agencies on Aging. The videos will be available during the Elders and the Law Week and for future presentations to community organizations.

For Release: July 22, 2002

The names of three nominees to fill the vacancy on the state Supreme Court being created by the September 4 retirement of Justice Edward Larson were submitted to the governor for appointment this morning.

Nominated are Shawnee County District Judge Marla J. Luckert, 47; Kansas City, KS, attorney M. Warren McCamish, 55; and Lawton R. Nuss, 49 a Salina attorney. Gov. Bill Graves will have 60 days in which to make an appointment to the Court. The three were nominated by the Supreme Court Nominating Commission, a nine-member panel consisting of a lawyer and non-lawyer from each of the four congressional districts plus an attorney chairman selected in an at-large election by registered members of the state bar.

She is a 1992 graduate of the National Judicial College judges' general jurisdiction course, a 1980 graduate of the Washburn law school and a 1977 graduate of Washburn University.

He is a 1973 graduate of the University of Kansas School of Law and a 1968 KU graduate with a BS in Business Administration.

Nuss has been in private practice with the firm of Clark, Mize & Linville, Chartered, Salina, for the past 20 years, achieving shareholder and vice president status beginning in 1988. In addition to a wide-ranging private practice, he served as special prosecutor for the City of Salina from 1994-96 and has represented the Salina School Board since 1984. Nuss also has been a federal court mediator since his appointment to that part-time position in 1992.

While a member of the U.S. Marine Corps, Nuss served as a combat engineering officer and as a legal officer, handing courts-martial, administrative discharge hearings and matters falling under the Uniform Code of Military Justice. His military career was rounded out by advising the battalion commander on legal matters for 1,300 Marines in the United States, Okinawa, Taiwan, the Philippines, Hong Kong, Korea, and Japan.

He is a 1982 graduate of the KU School of Law and a 1975 graduate of the university's undergraduate program.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

For Immediate Release: June 10, 2002

The Supreme Court today announced the appointment of three new members of the Client Protection Fund Commission, a panel established in 1993 to consider claims by clients who suffer economic loss as a result of dishonest actions by Kansas lawyers.

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Created in 1993, the fund has repaid clients a collective $797,226 for losses they incurred as a result of attorney malfeasance. Financed by lawyers from an annual attorney registration fee, no tax money is involved in the repayments.

The appointments announced today include John Parisi, Leawood, who succeeds Greg L. Musil, Overland Park; Ann Gardner, Lawrence, who succeeds Kent Cornish, Wichita; and Terry Beck, Topeka, who succeeds William R. Sampson, Overland Park.

Other members of the Commission include Beth F. Fager, Topeka, who is becoming chair to succeed Musil; Amy S. Lemley, Wichita, vice chair; Ward Loyd, Garden City; and Riley County District Judge David L. Stutzman, Manhattan. Members are appointed to three-year terms by the Supreme Court. Justice Fred N. Six, Lawrence, is liaison between the Commission and the Supreme Court.

The Lawyers' Fund for Client Protection covers most cases in which lawyers have taken for their own use or otherwise misappropriated clients' money entrusted to them. The Fund does not cover losses resulting from a lawyer's negligence, fee disputes, or cases of legal malpractice. The Fund's Commission does not have the authority to discipline attorneys, resolve fee disputes, or determine legal malpractice claims.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Marshall Crowther: (785) 296-4858

FOR IMMEDIATE RELEASE: May 20, 2002

Kansas Supreme Court Justice Edward Larson today announced his retirement effective September 4. He has been a member of the Court since September 1, 1995 and before that was a judge of the Court of Appeals since 1987.

Justice Larson said serving on the two Kansas appellate courts was rewarding and capped a legal career that began with his graduation from the Kansas University School of Law in 1960. "It has been an honor and a privilege to serve the citizens of Kansas as a member of both the Kansas Supreme Court and the Kansas Court of Appeals, Justice Larson said. Although retiring from the Court, Justice Larson said he hopes to continue his judicial service as a senior judge.

Justice Larson was born in rural Lincoln County, KS, on August 30, 1932. He was graduated from Kansas State University in 1954 with a BS degree. He was commissioned a 2nd lieutenant in the United States Air Force and served on active duty from 1954-1957. While in law school, he was a member of the Order of the Coif, and Editor-In-Chief of the Kansas Law Review.

Before his appointment to the Court of Appeals, he was in general practice of law in Hays since 1960. His practice consisted of civil litigation in western Kansas district courts with an emphasis on real property, oil and gas, business, estates, and taxation. He served as Hays Municipal Judge from 1965 to 1972. He was secretary of the Northwest Kansas Bar Association from 1963-74 and was its president in 1983. He served on the Board of Governors of the Kansas Bar Association from 1982 to 1988.

He is a fellow of the American College of Trial Lawyers and the Kansas and American Bar Foundations. He has served on the Kansas Board of Law Examiners from 1977 to 1995 and as its chairman from 1992 to 1995. He has been a member of the Kansas Judicial Council Municipal Court Committee, the Kansas Judicial Council Probate and Trust Code Committee, and the Kansas University Law Society of which he was president in 1981. He has served as a member of the Governor's Committee on Children and Families and the Kansas Children's Cabinet.

He has been a member of St. Michael's Episcopal Church in Hays and is currently a member of Grace Episcopal Cathedral in Topeka. He and his wife, the former Mary Loretta Thompson, of Goodland, have three grown children, Sarah, John, and Mary Elizabeth, and six grandchildren.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

January 16, 2002

For more information, contact Ron Keefover Education-Information Officer

The Supreme Court has appointed Donald L. Zemites, Kansas City, KS, to executive director of the recently created Kansas Impaired Lawyer Assistance program, a statewide assistance program to further combat problems resulting from mental infirmity, disorder, or addiction to or excessive use of drugs and alcohol.

The program is being funded exclusively from attorney registration fees. Zemites will be devoting half time to the position.

Justice Donald L. Allegrucci, who presented the proposal to the Supreme Court, said the Zemites will be http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2002.asp 4 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

supported by an 11-member board and volunteer attorneys who will serve as counselors. He noted that there has been an impaired lawyer committee of the Kansas Bar Association for many years; however, much of its work is confined to urban areas. The new program is designed to reach all areas of the state, particularly in the more rural parts, to enhance statewide coverage.

"Depression, drugs, and alcohol are recurring problems that surface in attorney discipline cases that come before us," he said.

He has been in private practice since 1975 and before that served as a corporate attorney and director of employee relations for a private corporation. He received his law degree from the University of Missouri at Kansas City in 1968 and was graduated from Pittsburg State University in 1959.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: January 8, 2002

Thursday, January 10th, marks the 25th anniversary of the re-establishment of the Kansas Court of Appeals, the state's intermediate appellate court, Chief Judge Gary W. Rulon said.

The Court was re-established on January 10, 1977, after its predecessor court was sunsetted by the legislature in 1901, which coincided with the expansion of the Supreme Court from its original three members to seven, the same number.

Since 1977, the Court of Appeals caseload has grown from approximately 400 appeals filed then to a current total of more than 1,700. Growing proportionately have been the number of appeals decided by the now 10-member Court with the court filing between 1,200 and 1,500 opinions annually. The opinions are in addition to dispositions of literally thousands of motions filed each year.

The court traditionally has met in three-judge panels at locations throughout the state to save litigants and counties the cost of sending attorneys to Topeka to argue appeals. However, due to the current fiscal crisis confronting the courts, the travel has been eliminated.

Further change for the court is anticipated with enactment of legislation last year that will expand the court to 14 members by adding one judge each January 1st from 2003 until 2006.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: January 3, 2002

Clients of former Topeka attorney Michael Broemmel have been paid a collective $163,650 from the Lawyers' Fund for Client Protection, according to a report released today by the Office of the Clerk of Appellate Courts.

Broemmel is among 18 attorneys whose conduct resulted in payments to 53 former clients during the period between July 1, 2000, and December 31, 2001 totaling $211,160. The Fund, which is financed by Kansas lawyers through their annual registration fee, was created by the Kansas Supreme Court in 1993 to reimburse clients for the dishonest conduct of their attorneys. No tax funds are expended.

Payments to former clients of Broemmel accounted for 23 of the claims and a total dollar payment of $163,650. Other attorneys whose conduct resulted in loss payments by the Fund include Felix G. Kancel, Kansas City, Kansas, $600; John W. Cole, Ottawa, $1,246; Michael M. Moran, Overland Park, $500; John B. Gage II, Overland Park, $1,850; James C. Trickey, Overland Park, $460; John F. McGee, Wichita, $650; Robert L. Morse, Olathe, $750; Ronald D. Heck, Topeka, $25,000; Robert R. Arnold, Wichita, $500; George W. Swisher, Oskaloosa, $150; Terri Stroh Tweedly, Overland Park, $7,600; Lynn L. Perkins, Howard, $1,000; Byron J. Moore, Wichita, $750; Jack M.N. Shelton, Topeka, $3,000; Marlin Johanning, Atchison, $534; Carl A. Fleming, Eudora, $420; and Bradly Johnson, Olathe, $2,500.

Kansas operates with a $50,000 cap for any individual claimant and a $200,000 cap for claims against any attorney. Eligible claims must arise from the dishonest conduct of an active member of the bar in the http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2002.asp 5 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

course of a lawyer-client relationship and by reason of that relationship, and must be filed within one year after the claimant knew or should have known of the loss. "Dishonest conduct" includes intentional dishonesty as well as refusal to refund unearned fees.

The Fund does not cover losses resulting from a lawyer's negligence, fee disputes, or cases of legal malpractice. The Fund does not have the authority to discipline lawyers, resolve fee disputes, or determine legal malpractice claims.

The Fund is administered by the Client Protection Fund Commission, which consists of seven members-one judge, four lawyers and two nonlawyers. Current commission members include Greg Musil, chair, Overland Park; Beth Fager, vice chair, Topeka; Kent Cornish, Wichita; Amy S. Lemley, Wichita; Ward Loyd, Garden City; Judge David L. Stutzman, Manhattan; and William R. Sampson, Overland Park.

Currently, there are 9,382 registered active attorneys in Kansas. Since the Supreme Court established the Fund in 1993, there have been 113 claims resulting in payments against 44 attorneys and a total of $641,848 paid out in claims.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2002.asp 6 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

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Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2003 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2003

Appellate Court Contacts 11/5/03 | 10/30/03(pm) | 10/30/03(am) | 10/10/03 | 9/2/03 | 8/25/03 | 8/1/03 | 6/24/03 | 6/16/03 | District Court Contacts 6/5/03 | 6/4/03 | 6/2/03 | 5/14/03 | 4/11/03 | 4/7/03 | 3/27/03 | 3/26/03 | 3/14/03 | 2/5/03 | 1/13/03 Photo Album Office of Judicial Administration CONTACT INFORMATION Kansas Judicial Center 301 SW 10th The Kansas Supreme Court Topeka, Kansas 66612-1507 301 SW 10th Avenue (785) 296-2256 Topeka Kansas 66612-1507 For More Information, Office of Judicial Administration contact Ron Keefover Telephone: 785.296.2256 Education-Information Officer Fax: 785.296.7076 For Immediate Release: November 5, 2003 Email: [email protected] The names of three persons were submitted to Gov. Kathleen Sebelius Tuesday as nominees for Appellate Clerk's Office appointment to a vacancy on the state Court of Appeals that was created when Judge Carol A. Beier was Telephone: 785.296.3229 elevated to the Supreme Court. Fax: 785.296.1028 Email: [email protected] They include Nancy L. Caplinger, Topeka; Judge Patrick McAnany, Olathe; and David L. Snapp, Dodge City. Gov. Sebelius will have 60 days in which to make the appointment.

Caplinger is Appellate Coordinator in the U.S. Attorney's Office, a position she has held since 1999. Before that, she was an assistant U.S. Attorney since 1995. She began her legal career upon her graduation from the Washburn law school in 1985 by serving as Research Attorney to Supreme Court Justice Harold S. Herd and later as Law Clerk to U.S. District Judge Patrick Kelly, Wichita.

Upon leaving Judge Kelly's staff in 1989, she became an associate attorney in the Overland Park firm of Spencer, Fane, Britt & Browne, where she maintained a private practice until her appointment to the U.S. Attorney's office.

Judge McAnany is currently the chief judge of the one-county 10th Judicial District, which consists of Johnson County. Born in Sweetwater, Texas, he was graduated from Rockhurst College with a B.A. in Philosophy in 1965. He received a J.D. degree from the University of Missouri at Kansas City School of Law in 1968.

Judge McAnany practiced in the Kansas City firm of Miller & O'Laughlin from 1968 to 1969, when he left the firm to serve as assistant division attorney for the Mobil Oil Corporation in its Kansas City office. In 1973, he became a member of the McAnany, Van Cleave, & Phillips law firm in Kansas City, KS, and later was instrumental opening an office in Johnson County, where he practiced law until his appointment to the bench in 1995.

Snapp has been in private practice in Dodge City since 1981 when he joined Harry A. Waite, initially under the firm name of Minner & Waite, followed by Waite & Snapp. In 1995, he engaged in private practice with Michael A. Doll under the firm name of Waite, Snapp & Doll, where he currently practices.

He is a graduate of Kansas State University with a B.A. in philosphy, and of the Kansas University School of Law, where he received his law degree in 1980. Snapp has served as an assistant Ford County Attorney, a municipal court prosecutor for Dodge City, and as a district court judge pro term during his legal career.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: October 30, 2003

Hon. William B. Elliott has scheduled a hearing on the court-appointed receiver's Motion for Approval of Proposed Plan of Liquidation in the Brady Grain Inc. proceeding for 2 p.m. Monday in Norton County District Court.

Terry D. Criss, Receiver for Brady Grain, has asked Judge Elliott to approve a Liquidation Plan he has proposed and to direct him to obtain bids for services and bid procedures for the sale of commodities on http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 1 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

hand and for a court order approving it.

The Receiver further is asking the judge to allow Leo Manz to remove the approximate 3,228 bushels of wheat which he stored in a bin at the Stuttgart facility.

A copy of the motion, the plan for liquidation, the notice of hearing and all related documents are being posted on a website set up for this proceeding by the Office of Judicial Administration.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: October 30, 2003

Chief Justice Kay McFarland today signed a Supreme Court order updating the statewide Child Support Guidelines, which are used as the basis to establish and modify the amount of child support ordered by Kansas judges.

Most changes to the Kansas Child Support Guidelines, which were last reviewed in 1998, are technical updates. The Child Support Schedules which identify the financial obligations of each parent include an average three percent increase over existing child support orders. The schedules also include a reduction in the child support obligation in order to account for the additional cost of each parent maintaining a home following the dissolution of their marriage.

Existing child support orders remain unchanged until the case comes before the court for a modification hearing. Today's order is effective January 1, 2004.

Other key changes to the child support guidelines include:

A reduction of between five and 15 percent in support is allowed for a nonresidential parent who has the children between 35 and 49 percent of the time. The new "parenting time adjustment" gives those parents who have the child a significant amount of the time but do not have shared custody the opportunity to petition for a reduction in their child support obligation to pay for additional expenses incurred by having the children more than the standard amount of time. The judge may consider an agreement between the parents to support the child past the child's 18th birthday when making an order for current child support. This will allow the judge to consider a reduction in child support for a young child or teenager if a parent pays into a trust fund to pay for the child's college or other expenses after reaching the age of majority. Parents may take advantage of health insurance coverage even if that coverage is provided by a step-parent. Currently, the court may only consider insurance provided by a parent even though most insurance companies allow coverage for stepchildren.

The Supreme Court order followed a two-year study of the existing rules by the Court's Child Support Guidelines Advisory Committee, which is chaired by Shawnee County District Judge Nancy Parrish. The advisory committee conducted a series of public hearings on the guidelines and accepted public comment through surveys and web-based technology.

Questions about the guidelines should be directed to the Office of Judicial Administration at (785) 296-2256 or by submitting an e-mail to [email protected]. In addition, the guidelines and a "strikeover" version of them are available on the Kansas Judicial Branch website at www.kscourts.org.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

October 10, 2003

The names of 30 persons were submitted for consideration by the noon Friday deadline as nominees to fill a vacancy created on the Court of Appeals by the elevation of Judge Carol A. Beier to the Supreme Court.

Justice Beier was sworn in as a member of the Supreme Court on September 5.

The Supreme Court Nominating Commission will review the applications and conduct interviews November 3 and 4, with the names of three on the list to be submitted to Gov. Kathleen Sebelius on November 4 for appointment.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 2 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

contact Ron Keefover Education-Information Officer

September 2, 2003

The Supreme Court will meet in special session Friday, September 5, at 1:30 p.m. for the swearing-in ceremony of Justice-designee Carol A. Beier (pronounced Byer).

Judge Beier was appointed to the Court to fill a vacancy created by the June 6 retirement of Justice Bob Abbott. She will be presented to the Supreme Court by Wichita attorney Gaye B. Tibbets, who is with the Wichita firm of Hite, Fanning & Honeyman, L.L.P. A reception will follow in the atrium of the Judicial Center.

Judge Beier has been a member of the Court of Appeals since February 2000. Before that, she spent the 11 years before joining the Court at Foulston & Siefkin, L.L.P., in Wichita, where her trial and appellate practice focused on commercial disputes and health care law. Judge Beier also spent one year teaching at the University of Kansas School of Law.

Prior to joining Foulston & Siefkin, Judge Beier practiced in Washington, D.C., first as a staff attorney at the National Women's Law Center through a fellowship program of the Georgetown Law Center and then at Arent, Fox, Kintner, Plotkin & Kahn. Immediately after law school graduation, Judge Beier had served as a clerk to then Judge James K. Logan of the U.S. Court of Appeals for the 10th Circuit.

Judge Beier is married to Richard W. Green and has three children.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

August 25, 2003

Three district court judges today were nominated for appointment to the Kansas Court of Appeals to succeed Judge David S. Knudson, who has retired. They include Judges Stephen D. Hill, Paola, Patrick D. McAnany, Overland Park, and David L. Stutzman, Manhattan.

Gov. Kathleen Sebelius will have 60 days in which to make an appointment.

Judge McAnany practiced in the Kansas City firm of Miller & O'Laughlin from 1968 to 1969, when he left the firm to serve as assistant division attorney for the Mobile Oil Corporation in its Kansas City office. In 1973, he became a member of the McAnany, Van Cleave, & Phillips law firm in Kansas City, KS, and later was instrumental opening an office in Johnson County, where he practiced law until his appointment to the bench in 1995.

During his years on the District Court, Judge McAnany served as a judge on the juvenile docket and then as a judge on the civil docket, where he presently presides. He has been chief judge since 2000.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 3 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

Education-Information Officer

FOR IMMEDIATE RELEASE: August 1, 2003

Twenty-eight persons have applied to fill a vacancy on the Court of Appeals being created by the retirement today of Judge David S. Knudson.

The Supreme Court Nominating Commission, which consists of a lawyer and a non-lawyer from each congressional district plus an attorney member elected statewide, will interview nominees August 21 and 22. The names of three persons will be submitted to Gov. Kathleen Sebelius on August 25. She will have 60 days in which to make an appointment to the 11-member intermediate appellate court.

I have attached a list of the applicants.

APPLICANTS - JUDGE KNUDSON, POSITION #1 NAME OCCUPATION CITY OF RESIDENCE Bryce A. Abbott Judge Wichita, Kansas Mary Beth Blake Lawyer Lake Quivira, Kansas Michael B. Buser Lawyer Overland Park, Kansas Douglas Paul Campbell Lawyer Ulysses, Kansas Nancy Landis Caplinger Lawyer Topeka, Kansas Martha J. Coffman Lawyer Lawrence, Kansas Henry Reid Cox Lawyer Shawnee, Kansas Rebecca W. Crotty Judge Garden City, Kansas Patricia Macke Dick Judge Hutchinson, Kansas Sharon Louise Dickgrafe Lawyer Wichita, Kansas Stephen Douglas Hill Judge Paola, Kansas Steven Logan Hornbaker Judge Junction City, Kansas Calvin Joseph Karlin Lawyer Lawrence, Kansas Glenn Ivan Kerbs Lawyer Dodge City, Kansas Rick Kittel Lawyer Lawrence, Kansas Patrick D. McAnany Judge Overland Park, Kansas Otis Warren Morrow Lawyer Arkansas City, Kansas Brandon L. Myers Lawyer Auburn, Kansas Steven J. Obermeier Lawyer Olathe, Kansas Jonathan Michael Paretsky Lawyer Lawrence, Kansas Deborah June Purce Lawyer Topeka, Kansas Kim R. Schroeder Judge Hugoton, Kansas David H. Snapp Lawyer Dodge City, Kansas Jeffrey S. Southard Lawyer Lawrence, Kansas H. David Starkey Lawyer Colby, Kansas David L. Stutzman Judge Manhattan, Kansas Brenda S. Watkins Lawyer Olathe, Kansas Jackie Neil Williams Lawyer Wichita, Kansas

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: June 24, 2003

Veteran Court of Appeals Judge David S. Knudson has announced his retirement from the court after a judicial career spanning more than two decades. The retirement is effective August 1, 2003.

Judge Knudson was appointed to the Court of Appeals in 1995, after having served as a judge of Saline County District Court since 1981, which included 12 years as chief judge of the 28th Judicial District, which consists of Saline and Ottawa counties.

A native of Goodland, Judge Knudson was graduated from the Washburn University School of Law in 1966 and began his legal career as an assistant city attorney in Wichita. From 1967 to 1981, he practiced law in Salina, including a two-year term as Saline County attorney.

In addition to his judicial duties, Judge Knudson is a member of the Kansas Continuing Legal Education Commission, chair of the Judicial Council's Advisory Committee for Pattern Instructions and has served as an adjunct instructor at the University of Kansas Law School.

He is a member of the Topeka, Kansas, Colorado, and American Bar Associations, and the American http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 4 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

Judicature Society. He and his wife, Roberta, reside in Topeka.

* * *

The Supreme Court Nominating Commission will soon convene to consider nominees to be submitted to the Governor to fill the vacancy on the Court of Appeals created by the retirement of Judge David S. Knudson. Nomination forms are available from the clerk of any district court or from the Clerk of the Appellate Courts. An original and nine copies of the nomination form must be received in the Office of the Clerk of the Appellate Courts no later than noon, Thursday, July 31, 2003. Fax filings will not be accepted. ______Carol G. Green, Clerk Richard C. Hite, Chairman Kansas Appellate Courts Nominating Commission

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

For Release June 16, 2003:

Wichita attorney Richard D. Greene will be sworn in as a member of the Court of Appeals during a special session of the Court of Appeals Wednesday at 2 p.m. in the Kansas Judicial Center, 301 W. 10th, in Topeka.

Greene was appointed to fill a vacancy on the Court of Appeals that was created by the appointment of Justice Robert L. Gernon to the Supreme Court. Chief Judge Gary W. Rulon will preside over Wednesday's ceremony. A reception in the atrium of the Judicial Center will follow the administration of the oath of office.

Greene has been in the private practice of law with the Wichita firm of Morris, Laing, Evans, Brock & Kennedy since his graduation from law school from Southern Methodist University School of Law in 1975. Greene received his undergraduate degree from the University of Missouri at Columbia, where he received a BS degree in Business Administration.

During his practice with Morris Laing he has been engaged exclusively in civil litigation in state and federal courts and some administrative agencies. Since 1983, he has been national litigation counsel to the EDO Corporation in New York and has handled major litigation for that corporation throughout the country.

In Kansas, he has concentrated his practice on commercial and oil and gas litigation. In recent years, his practice has been increasingly devoted to litigation of sales and property tax disputes on behalf the owners of major industrial and utility properties.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

For Release June 5, 2003:

Susan Sittenauer, a Civil and Criminal Rights Teacher at Seaman High School since 1984, has been named the 2003 national Law-Related Education Teacher of the Year by the American Lawyers Auxiliary, a national network of lawyers' spouses affiliated with the American Bar Assn.

Mrs. Sittenauer will receive the award, as well as a check for $1,000, at the ABA's annual meeting August 9th in San Francisco. She was nominated for the award by the Kansas Citizen and Law Education project, a joint effort of the Kansas Supreme Court and Kansas Bar Assn. to initiate and develop law-related education in the state's school system.

Chief Justice Kay McFarland said Mrs. Sittenauer exemplifies a growing cadre of Kansas school teachers who are teaching students about the rule of law and increasing their understanding of the institutions of American constitutional democracy and the fundamental principles and values on which they are founded.

Mrs. Sittenauer, a veteran of 17 years at Seaman High initiated a course that became so well-received that the USD 345 Board of Education has expanded it into a multi-course curriculum, which has grown from approximately 40 students to 130 who sign up for one of her now five law-related courses she teaches each year.

Besides teaching about the criminal justice system, Mrs. Sittenauer is chair of the Seaman Social Studies Department and the coordinator of both the Students Against Destructive Decisions (SADD) and the Drug Abuse Resistance Education (DARE) programs.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 5 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

Among her law-related education teaching strategies, she emphasizes essential concepts of democracy, justice, equality, liberty, and the law. "The curriculum fosters the knowledge, skills, and values students need to become positive members of society," she said. "I carefully choose materials that motivate students' interest and cause them to think critically, problem solve and communicate effectively," she explained.

To accomplish her teaching goals while maintaining high student interest, Mrs. Sittenauer uses hands-on, interactive instructional strategies, which include a host of simulations, such as mock trials, mock DUI- caused accidents staged by local law enforcement, role plays of school boards confronted with violence in their schools, freedom of speech exercises and many more that captivate her students' attention.

She also co-created the practice of all government teachers at Seaman requiring seniors in government classes to complete a minimum of six community service hours per semester. The hours can be achieved through volunteerism by any one of a variety of ways, including such things as volunteering to work on a political campaign, serving dinner at a homeless shelter, voter registration drives, building a house for Habitat for Humanity and others.

Mrs. Sittenauer and her family will travel to San Francisco as guests of the American Bar Assn. and the Kansas Bar Foundation, which is defraying travel expenses. The award is part of a 40-year effort of the American Lawyers Auxiliary in its support of public education, citizenship awareness, and various public service programs. Recognizing the vital role that teachers play in law-related education, the Auxiliary recognizes one teacher each year who has made outstanding contributions to law- related education and whose programs have:

furthered the understanding of the role of the courts, law enforcement agencies and the legal profession in society; helped students recognize their duties as well as their rights; encouraged effective law-related education programs in their schools and communities; And increased communication between students, educators, and those involved professionally in the legal profession.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

June 4, 2003

The Supreme Court has invited public comment on several changes to the Kansas Child Support Enforcement Guidelines that have been recommended in a Final Draft Report by the Court's Child Support Guidelines Advisory Committee.

Comments on the report should be received by August 5, 2003, after which the Court will take them under advisement with a decision expected this fall. Comments may be mailed to: Mark Gleeson Office of Judicial Administration 301 SW 10th Street Topeka, KS 66612

The complete report and draft guidelines have been posted at the Court's website: www.kscourts org. In addition, copies are being sent to the offices of the clerk of the district court in each county, as well as the county libraries.

The proposed changes to the guidelines include, among others, an average 3 percent increase in the schedules for all incomes; an adjustment up to 15 percent for nonresidential parents who have their children between 35 and 50 percent of the time; and changes to the tax section.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

For Immediate Release: June 2, 2002

The Supreme Court Nominating Commission today submitted the names of three persons to Gov. Kathleen Sebelius for appointment to the Supreme Court to fill a vacancy on the court created by the June 6 retirement of Justice Bob Abbott.

Nominees include Judge Carol A. Beier, of the Kansas Court of Appeals, and Judges Steve A. Leben and Patrick D. McAnany, both of Johnson County Dsistrict Court.

Judge Beier has served on the Court of Appeals since February 2000. A native of Kansas City, KS, she attended Benedictine College in Atchison and the University of Kansas, where she obtained a B.S. in Journalism in 1981. She also received her law degree from KU, graduating in 1985. She was an honor graduate of both programs. She spent 11 years before joining the Court of Appeals at Foulston & Siefkin, LLP, in Wichita, where her trial and appellate practice focused on commercial disputes and health care law.

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Judge Beier also spent one year teaching at the University of Kansas School of Law. Prior to joining Foulston & Siefkin, Judge Beier practiced in Washington DC, first as a staff attorney at the National Women's Law Center through a fellowship program of the Georgetown Law Center, and then at Arent, Fox, Kintner, Plotkin & Kahn.

Judge Leben has served as a Johnson County District Court judge since September 1993. From 1993 until recently, he was a member of the Civil Department and handled both civil and domestic relations matters. Recently, he has taken over a docket that includes both civil and criminal cases.

Born in Eureka, Judge Leben received both his undergraduate and his law degree from the University of Kansas, where he received a B.S. with distinction in 1978, and a J.D. with honors in 1982. Upon graduation from law school, Judge Leben joined the firm of Stinson, Mag & Fizzell, beginning in the Kansas City, MO, office in 1982 and moving to the firm's Overland Park office when it opened in 1984. He left the firm in 1988 to become a sole practitioner, where he concentrated on commercial litigation, personal injury, worker's compensation cases, and administrative proceedings until his appointment to the bench in 1993.

Judge McAnany is currently the chief judge of the one-county 10th Judicial District, which consists of Johnson County. Born in Streetwater, Texas, he was graduated from Rockhurst College with a B.A. in Philosophy in 1965. He received a J.D. degree from the University of Missouri at Kansas City School of Law in 1968.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, Contact Ron Keefover, 296-4872 or Carol Green, 296-3229

FOR IMMEDIATE RELEASE: May 14, 2003

The names of 24 persons to fill a vacancy on the Supreme Court being created by the June 6, 2003, retirement of Justice Bob Abbott were released today by the Supreme Court Nominating Commission.

The Commission will conduct interviews May 30 and 31 with the names of three nominees for submitted to the governor June 2. The governor will then have 60 days to make the appointment.

List of the names that have been submitted

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: April 11, 2003

Names of suggested nominees will be accepted until May 13 to fill the vacancy on the state Supreme Court that will be created by the retirement June 6, 2003, of Justice Bob Abbott.

Notices soliciting the names of nominees have been sent to the state's 9,600 active registered attorneys. Nominations also are being accepted from the public on forms available in each of the state's 105 offices of Clerk of the District Court, as well as from the Clerk of the Appellate Courts.

Interviews of suggested nominees will be conducted by the Supreme Court Nominating Commission May 30 and 31 in Topeka. The nominating commission will submit the names of three persons on June 2 to the governor for appointment. The governor will then have 60 days to make the appointment.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 7 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

FOR IMMEDIATE RELEASE: April 7, 2003

Supreme Court Justice Bob Abbott today announced his retirement following 26 years service on the appellate courts and 17 years in private practice prior to that. The retirement is effective June 6.

Justice Abbott was the first person appointed to the Court of Appeals when it was re-established effective January 10, 1977, and served with that court until his appointment to the Supreme Court in 1990. During his tenure on the Court of Appeals, Justice Abbott served as Chief Judge from 1985 until his Supreme Court appointment. While chief judge of the Court of Appeals, he supervised its expansion from seven to 10 members. He authored in excess of 2,000 Court of Appeals and Supreme Court decisions and participated in the decision of thousands more.

Justice Abbott was born in Hanston, KS. He received an AA degree from Dodge City Junior College in 1952, a BS degree from Emporia State University in 1956, a JD degree from the Washburn University School of Law in 1960, and a Master of Law Degree from the University of Virginia in 1986.

While in law school, he was a member of the Law Review Board that founded the Washburn Law Journal, served as president of Delta Theta Phi law fraternity, and was a recipient of its key for excellence in scholarship. He graduated second in his law school class.

Justice Abbott engaged in private practice in Junction City from November 1960 until his appointment to the Court of Appeals.

Justice Abbott also served as an adjunct professor at the Washburn law school, teaching professional responsibility from 1978 through 1988. He has received the Distinguished Alumnus Citation from Dodge City Community College, Emporia State University, and Washburn University law school. He is an admittee to the Dodge City Community College Hall of Fame and has received the Smiling Bull award from the Leavenworth County Bar Association. While practicing law, he was named the Junction City and the State of Kansas Outstanding Young Man.

He lettered in four sports in high school and played college football and basketball. Justice Abbott and his wife, the former Kaye Cummings, have four children, Bryce, Bren, Kyle Ann, and Jayme.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: March 27, 2003

Chief Justice Kay McFarland today announced the appointment of Justice Marla J. Luckert to the Kansas Children's Cabinet.

The Cabinet consists of 15 appointees from each of the three branches of government. Justice Luckert succeeds Justice Edward Larson, who has retired from the Court.

The Kansas Children's Cabinet was formed by the 1999 Legislative session and designed to improve the health and well-being of children and youth in the state of Kansas. The Cabinet has been directed by the statute to undertake these four overarching responsibilities:

Advising the Governor and the legislature regarding the uses of the moneys credited to the Children's Initiatives Fund Evaluating programs which utilize Children's Initiatives Fund moneys Assisting the Governor in developing and implementing a coordinated, comprehensive delivery system to serve children and families of Kansas Supporting the prevention of child abuse and neglect through the Children's Trust Fund.

Prior to Justice Luckert's appointment to the Supreme Court in January, she was chief judge of Shawnee County District Court, where she had been a judge since 1992.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: March 26, 2003

The names of three attorneys were submitted to Gov. Kathleen Sebelius today as nominees to fill a vacancy on the Shawnee County District Court that was created when former Chief Judge Marla Luckert was appointed as a justice of the Supreme Court.

Nominees include Jill A. Michaux, Susana L. Valdovinos, and Jean M. Schmidt. The governor will have 30 days from today in which to make the appointment. The three are among 17 persons who submitted their names to the Shawnee County Third Judicial District Nominating Commission. The commission conducted interviews of the 17 Tuesday. http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 8 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

Michaux has been in the private practice of law for 21 years in the firm of Neis & Michaux, P.A. During her practice, she has served as a judge of the Rossville Municipal Court and as a pro tem judge in Shawnee County District Court. She is a 1982 graduate of the Washburn University School of Law and a 1977 graduate of the University of Kansas.

Schmidt is presently senior assistant district attorney in the family law division of the Shawnee County district attorney's office. Prior to joining the district attorney's office in 2001, she worked in the Kansas Insurance Department where she was director of the department's fraud unit for three years. Schmidt began her legal career with the Legal Aid Society in 1982 and has been in various public attorney positions since then. She is a 1982 graduate of the Washburn University School of Law and a 1977 graduate of Bethel College, North Newton.

Valdovinos is currently associate director of the Office of Affirmative Action for Kansas State University, a position she has held since 2000. From 1993 to 2000, she served as assistant county counselor in Shawnee County and before that taught law at various law schools. She is a 1988 graduate of the Washburn University School of Law and a 1982 graduate of the University of Kansas, where she received a MA degree in human development and family life. She is a 1980 graduate of the National University of Mexico, Mexico City, Mexico.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: March 14, 2003

The Supreme Court Nominating Commission today submitted the names of three persons to Gov. Kathleen Sebelius for appointment to the Kansas Court of Appeals to fill a vacancy on the court created by the appointment of Judge Robert L. Gernon to the Kansas Supreme Court.

Nominees include Wichita attorney Richard D. Greene, Colby attorney H. David Starkey, and Riley County District Judge David L. Stutzman.

The governor on Wednesday appointed Sedgwick County District Judge Thomas Malone to the Court of Appeals to fill a vacancy created by the expansion of the Court from 10 to 11 members.

Starkey and Stutzman were nominated for the vacancy that Malone was appointed to fill and Greene's name was added to the nominations for the vacancy created by Gernon's elevation to the Supreme Court. The governor will have 60 days in which to make the appointment.

Starkey began his legal career in 1975, first as an associate in a one-person firm in Colby, and then as an associate in the firm of Lowe & Willoughby in Colby. He became a partner in January 1976 and has been a continuous member of that firm since then. The firm continues today under the name of Starkey & Gatz, L.L.P.

Starkey served as county attorney from 1977-1979, and still is appointed occasionally as a special prosecutor in state and municipal court. He also has been retained as criminal defense counsel and has accepted appointments for indigents in criminal, juvenile, and child in need of care cases. General civil litigation always has been a significant part of a wide-ranging private law practice.

He was graduated cum laude from Kansas State University in 1969 and from the Washburn University law school in 1974, where he was assistant comments editor of the Washburn Law Journal.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 9 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

TO: Statehouse Media FROM: Ron Keefover RE: Court of Appeals Nominees

Nominees include Sedgwick County District Judge Thomas E. Malone, Riley County District Judge David L. Stutzman, and H. David Starkey, a Colby attorney.

The governor will have 60 days in which to make an appointment to the court. Once the appointment is made, the commission is scheduled to reconvene to submit the names of a second panel, this one to fill a vacancy on the court created by the appointment of Hon. Robert L. Gernon to the Supreme Court.

Judge Malone has been on the Sedgwick County bench since January 1991 to present. Before that, he was in private practice in the Wichita law firm of Redmond, Redmond & Nazar. While on the district court, Judge Malone has presided over more than 250 jury trials and hundreds of bench trials. In 1992, he presided over one of the state's first "hard 40" criminal cases, and the following year he presided over the first case in Kansas to allow introduction of DNA/PCR evidence. He has served on numerous hearing panels of the Court of Appeals by assignment of the Supreme Court.

Judge Malone received his law degree with honors from the Washburn University law school in 1979, and before that was graduated summa cum laude from Kansas Newman College. He is the author of numerous scholarly legal articles and served as an adjunct faculty member at Kansas Newman College from 1979 to 1987.

He was graduated cum laude from Kansas State University in 1969 and from the Washburn University law school in 1974, where he was assistant comments editor of the Washburn Law Journal.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: January 13, 2003

The names of 46 nominees for the vacancies on the Kansas Court of Appeals created by the appointment of Judge Robert L. Gernon to the Supreme Court and to fill a newly created position on the Court were released today by the Supreme Court Nominating Commission.

The Commission will conduct interviews February 3-4 with the names of three nominees for the first panel being submitted to the governor soon after the interviews are concluded. The Legislature expanded the Court of Appeals from 10 to 11 members during the 2001 session, but made it effective January 13, 2003. Judge Gernon was appointed to the Supreme Court on December 4 and will take oath of office today.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2003.asp 10 / 10 Kansas Judicial Branch - News Release Archive 11/25/2014

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Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2004 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2004

Appellate Court Contacts 12/30/04 | 11/02/04 | 10/07/04 | 10/04/04 | 9/8/04 | 8/25/04 | 8/2/04 | 6/28/04 | 6/25/04 District Court Contacts 6/15/04 | 6/10/04 re: Court of Appeals | 6/10/04 re: Geary Co. | 5/19/04 | 2/20/04 | 2/4/04 Photo Album Office of Judicial Administration CONTACT INFORMATION Kansas Judicial Center 301 SW 10th The Kansas Supreme Court Topeka, Kansas 66612-1507 301 SW 10th Avenue (785) 296-2256 Topeka Kansas 66612-1507 December 30, 2004 Office of Judicial Administration TO: Statehouse News Media Telephone: 785.296.2256 FROM: Ron Keefover Fax: 785.296.7076 RE: School Finance Decision Email: [email protected] The Supreme Court will file its decision in Montoy et al. v. State of Kansas et al. at 9:30 a.m. Monday, Appellate Clerk's Office January 3, 2005. Telephone: 785.296.3229 Fax: 785.296.1028 Monday's opinion will be posted on the Court's website at www.kscourts.org and otherwise made available Email: [email protected] through the Court's Public Information Office and the Clerk of the Appellate Courts.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

For Immediate Release: November 2, 2004

The names of three persons were submitted to Gov. Kathleen Sebelius Tuesday as nominees for appointment to the newly created 12th position on the State Court of Appeals. The position was created by the Legislature effective January 1, 2005.

Nominees include Nancy S. Anstaett, Overland Park; Glen R. Braun, Hays; and Michael B. Buser, Overland Park. The governor will have 60 days in which to make an appointment.

Anstaett has been a partner in the firm of Rowe & Anstaett, Overland Park, since 1997. Before that she practiced in the firm of McAnany, Van Cleave & Phillips beginning in the summer of 1980, the year she was graduated magna cum laude from the Washburn University School of Law. During her career, she represented the state in litigation by Blue Cross and Blue Shield challenging the authority of the attorney general to enforce claims of charitable status, which ultimately resulted in a requirement that Blue Cross and Blue Shield pay $75 milion to a new charitable foundation.

Anstaett also was graduated magna cum laude from Kansas State University where she had a dual major in Journalism & Mass Communication and Sociology.

Braun began his legal career upon graduation from the Washburn law school with honors in 1981 as an associate in the firm of Robert F. Glassman, P.A. in Hays. He was elevated to partner in 1984 and the firm was renamed Glassman, Bird & Braun. In 1996, the firm became Glassman, Bird, Braun & Schwartz, L.L.P., which it remains to date.

Braun served as Ellis County Attorney from 1989 to 1997 and as special prosecutor for the City of Hays from 1983-2001 when he became the City of Hays Prosecutor, a position he continues in to date. He also has served as Woodston City Attorney since 2000. He received a BS degree from Kansas State University and attended Benedictine College and the University of Copenhagen in Denmark.

Buser has been with the firm of Shook, Hardy & Bacon L.L.P. since 1991. He began his legal career in 1977 when he joined the Johnson County District Attorney's office as an assistant district attorney. He became Senior Assistant District Attorney and Administrative Assistant to the District Attorney in 1980 and held that position until he entered private practice in July 1988 to serve as general attorney for the Union Pacific Railroad Co. He joined the Shook, Hardy firm three years later.

Buser is a 1977 graduate of the University of Kansas School of Law with honors, and a 1974 graduate of Georgetown University with dual majors in Theology and American Government.

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Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: October 7, 2004

Beginning with next week's oral arguments, the Supreme Court will make available live audio of all cases argued before it via the Court's Internet site, www.kscourts.org.

Chief Justice Kay McFarland said the live audio stream is a continued effort to make the Court's hearings as widely accessible as possible. An archive of the arguments on the Court website also will be maintained throughout the year so that persons unable to listen as the cases are argued may tune in later at their convenience.

The Supreme Court first used the Internet for broadcast of an oral argument on August 30 when both an audio and a video stream of arguments on the constitutionality of the state's school finance act were transmitted from its courtroom. The video was provided by representatives of the state's public television stations and made available through the websites of the Kansas Judicial Branch and Kan-Ed Live!, an Internet site maintained by the State Board of Regents.

The Court does not have the equipment or personnel available to produce video broadcasts of its cases, but can make the audio stream available through an existing sound system from the courtroom.

"We believe it important that citizens have the opportunity to take advantage of this technology to hear first-hand the matters that are argued before the Court," the Chief Justice said. "Even more, those whose appeals are being argued can tune in and listen to their attorney's presentations and any questions by the justices without having to drive to the Judicial Center," she said.

The Supreme Court was among the first appellate courts in the country to routinely post its decisions on the Internet and has been doing that since the mid-1990s.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: October 4, 2004

The names of 26 attorneys were submitted by the noon Monday deadline to fill the newly created 12th position on the Court of Appeals. The position was created by the Legislature effective January 1, 2005.

The Supreme Court Nominating Commission will conduct interviews and submit the names of three persons to the governor on November 1. The governor will then have 60 days in which to make the appointment.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: September 8, 2004

Dr. Mary Davidson Cohen, Leawood, has been appointed to a four-year term on the Commission on Judicial Qualifications, an advisory board to the state Supreme Court that investigates disciplinary complaints brought against judges.

She succeeds Carol Sader, Prairie Village, whose term on the 14-member panel expired this summer.

Currently regional representative for Region VII for the U.S. Secretary of Education, Cohen holds a doctorate in education administration from the University of Kansas and a masters of arts in science education for elementary teachers from Columbia University. She received a bachelor of science in education from the University of Missouri at Columbia.

Cohen previously served as vice president for adult and continuing education and dean of the graduate school at Saint Mary College in Leavenworth. Before that, she served as assistant director of the William T. Kemper Foundation and was assistant chancellor for academic affairs at the University of Kansas Regents Center from 1976 to 1992.

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Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: August 25, 2004

Thanks to the cooperative efforts of a number of entities, oral arguments involving the constitutionality of the state's school finance act will be made available live over the Internet and be the subject of a one- hour educational program on each of the state's public television stations. The arguments are scheduled to begin at 1:30 p.m. in the Supreme Court courtroom in the Judicial Center in Topeka.

Representatives of Wichita's KPTS Public Television will serve as pool television representative and oversee the production of a one-hour production of the gavel-to-gavel oral arguments. The public television broadcasts will provide statewide coverage and are scheduled to be aired at noon, September 5, on the public television stations.

Meanwhile, the arguments will be video streamed over the Internet live and later made available as an archive via the Kan-ed Live! project, which is a division of the Kansas Board of Regents. Links and instructions for accessing the live broadcasts will be included on the Kansas courts website, www.kscourts.org and on the Kan-ed project at www.kanedlive.org

There will not be a decision reached on this matter Monday. Rather, as in the case of all appellate courts, the matter will be conferenced by the justices in chambers, researched and deliberated before a draft of an opinion (or opinions) is circulated to the full court for final release. Technical information for accessing the Internet video stream is attached.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: August 2, 2004

The 8th Judicial District Nominating Commission has appointed Maritza Segarra, Junction City, district magistrate judge of the newly created position in Geary County.

The nine-member commission was responsible for selecting the judge. The magistrate position was created by the 2004 Kansas Legislature, and Chief Justice Kay McFarland signed an order certifying the position to be located in Geary County.

Segarra is a graduate of Kansas State University and received her law degree from the Washburn University School of Law. She is a member of the Geary County Bar Association and serves on the Board of Directors of Habitat for Humanity and Friends of Animals. She also is chair of the Board of Trustees for Geary Community Hospital.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: June 28, 2004

The Supreme Court Nominating Commission today submitted the names of three persons to Gov. Kathleen Sebelius for appointment to the Court of Appeals to fill a vacancy created by the May 3rd death of Judge Robert J. Lewis Jr.

Nominees include Nancy S. Anstaett and Michael B. Buser, both of Overland Park; and Nancy L. Caplinger, Topeka. The governor has 60 days in which to make the appointment.

Anstaett has been in the private practice of law in the firm of Rowe & Anstaett since 1997. Prior to that she was with the firm of McAnany, Van Cleave & Phillips, P.A., with offices in Lenexa, Prairie Village, and Kansas City, KS.

She is a 1980 graduate of the Washburn University School of Law, where she received her JD degree magna cum laude. She completed her undergraduate degree at Kansas State University in 1977, also magna cum laude.

Buser has been with the firm of Shook, Hardy & Bacon L.L.P. since December 1991. Before that he served http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2004.asp 3 / 7 Kansas Judicial Branch - News Release Archive 11/25/2014

as general attorney with the Union Pacific Railroad Co., beginning in July 1988. Following his graduate from law school in 1977, Buser served as assistant district attorney in Johnson County, including as senior assistant district attorney and administrative assistant to the district attorney until he joined the railroad in 1988.

He received his law degree from the University of Kansas School of Law, where he served as a member and Managing Editor of the Kansas Law Review. He is a 1974 graduate of Georgetown University, where he was awarded the Brennan Medal as the graduating senior who demonstrated the highest proficiency in theology.

Caplinger is Appellate Coordinator in the U.S. Attorney's Office, a position she has held since 1999. Before that, she was an assistant U.S. Attorney since 1995. She began her legal career upon her graduation from the Washburn Law School in 1985 by serving as Research Attorney to Supreme Court Justice Harold S. Herd and later as Law Clerk to U.S. District Judge Patrick Kelly, Wichita.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: June 25, 2004

The names of nine attorneys have been submitted to fill a vacancy on the Shawnee County District Court bench that was created by the retirement of Judge James Macnish.

Melissa Wangemann, the secretary of the Third Judicial District Nominating Commission, said interviews to narrow the list to not fewer than two nor more than three persons will be conducted beginning at 9 a.m., July 7 in room 411, Shawnee County District Court, Shawnee County Courthouse.

Those submitting resumes by Friday noon, the deadline set by the commission, include Kathleen Annette Ambrosio, Donald J. Cooper, Mary Droll Feighny, Pantaleon Florez, Jr., Robert A. Fox, Michael M. Jackson, Jill A. Michaux, Evelyn Wilson, and Lori L. Yockers.

Members of the public may comment on the qualifications of any of those to be interviewed by writing Marla J. Luckert, Associate Justice, 301 S.W. 10th, Room 388, Topeka, KS 66612, or by appearing in person at the interviews.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: June 15, 2004

Four representatives of the Kansas courts were selected to attend the national 2004 Leadership Institute in Judicial Education, conducted June 8-13 at the University of Memphis Center for the Study of Higher Education, it was announced in Topeka today.

They include Supreme Court Justice Robert E. Davis, Topeka; Denise Kilwein, Director of Judicial Education, Topeka; Chief Judge Stephen Tatum, Olathe; and Chief Judge Robert Fairchild, Lawrence. Teams from Guam, Iowa, and Utah also were selected to participate in the Institute.

The Leadership Institute is sponsored by the University of Memphis Center for the Study of Higher Education. The Institute was conducted on the University of Memphis campus. The primary purpose of the Institute is to evaluate the system of judicial education for the state. The ultimate goal of the Institute is more highly developed members of the judicial branch and an improved system of justice for the people of the states selected to participate.

The Kansas team members' attendance was supported by scholarships awarded by the State Justice Institute. The State Justice Institute (SJI) is a non-profit organization established by federal law to award grants to improve the quality of justice in State courts nationwide, facilitate better coordination between state and federal courts, and foster innovative, efficient solutions to common problems faced by all courts. More information about the Institute is available on the SJI web site (http://www.statejustice.org).

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507

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(785) 296-2256

June 10, 2004 For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: June 10, 2004

A nominating commission charged with appointing a district magistrate judge in Geary County has issued a request for assistance from the public.

The nine-member commission is responsible for selecting a district magistrate judge. The magistrate position was created by the 2004 Kansas Legislature, and Chief Justice Kay McFarland has signed an order certifying the position to be located in Geary County.

"The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the Eighth Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission," according to Justice Marla Luckert, nominating commission chair.

The Eighth Judicial District consists of the following counties: Dickinson, Geary, Marion and Morris.

Kansas statutes require that a district magistrate judge be a resident of the county for which appointed to serve at the time of taking the oath of office, be a graduate of a high school or its equivalent and, if not regularly admitted to practice law in Kansas, be certified by the Supreme Court as qualified to serve in the job.

Suggested appointees are requested to complete the questionnaire for the position. The completed forms should be returned to Victor A. Davis, Jr., Secretary, 819 North Washington, P.O. Box 187, Junction City, Kansas 66441, on or before noon on July 2, 2004. The forms are available in the office of the Court Administrator, located in Junction City; Clerk of the Dickinson County District Court (Abilene); Geary County District Court, Junction City; Marion County District Court, Marion; Morris County District Court, Council Grove; and the Clerk of the Appellate Courts in Topeka.

The nominating commission will convene on July 30 at 9:30 a.m. in the Geary County Courthouse, to interview the suggested appointees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested appointees.

Notices are being mailed to every attorney in the Eighth Judicial District by the chair of the commission.

Besides Justice Luckert, the nominating chair, the commission includes Victor A. Davis, Secretary, and Edwin M. Wheeler, both of Junction City; Darrel Bryant, and Dale Rein, both of Council Grove; Douglas Thompson and Kevin Harris, both of Abilene; Kevin Fruechting, Marion; and Carolyn Gaston, Milford.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

June 10, 2004 For More Information, Contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: June 10, 2004

The names of 15 persons have been submitted to the Supreme Court Nominating Commission as candidates for a vacancy on the Court of Appeals that was created by the death May 3rd of Judge Robert J. Lewis Jr.

The Nominating Commission, which consists of one lawyer and one non-lawyer from each of the state's four congressional districts, plus an attorney member selected statewide, is scheduled to conduct interviews June 25-26 to narrow the list to three. The governor will then make an appointment from the list.

Attached is a list of those whose names have been submitted for consideration.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

May 19, 2004 TO: Statehouse Media FROM: Ron Keefover RE: School finance litigation

Attached is an Order of the Supreme Court staying all proceedings in the school finance appeal pending the outcome of the appeal or further order of the court.

The Supreme Court has placed this appeal on the fast track for resolution. Following are the deadlines that

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have been set by the Court so that this matter may be on the Court's oral argument docket for the week of August 30, 2004:

State of Kansas and State Board-related defendants (appellants/cross appellees) opening briefs due May 28, 2004. *Amicus Curiae (friend of the Court) Kansas Families United for Public Education brief due June 10, 2004. Plaintiffs Ryan Montoy et al. (appellees/cross appellants) briefs due June 30, 2004. State of Kansas and State Board-related defendants (as cross appellees) due July 23, 2004. Reply brief of Montoy et al. on cross appeal due August 10, 2004. Oral Arguments before the Court due week of August 30, 2004.

* A request for permission to file an Amicus Curiae brief by the Kansas National Education Association has been received, but not acted upon at this writing. These briefs typically are due 30 days from the date of the Court decision granting permission.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

DISTRICT JUDICIAL NOMINATING COMMISSION ELECTIONS

The purpose of each commission is to nominate persons for appointment to the office of district judge and to the office of district magistrate judge in judicial districts that have adopted the nonpartisan method for the selection of judges. There are currently seventeen nonpartisan judicial districts: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 21st, 25th, 28th, 30th, and 31st.

The Clerk of the Supreme Court has recently conducted elections for lawyer members whose terms are expiring on March 1, 2004. There were vacancies in the 1st, 3rd, 4th, 5th, 7th, 10th, 11th, 21st, 28th, and 30th judicial districts. Below are the election results.

JUDICIAL DISTRICT ELECTED LAWYER MEMBER

First (3 positions) John R. Kurth, William E. Pray, and John C. Tillotson Third (2 positions) Terry E. Beck and Melissa A. Wangemann Fourth (2 positions) Eric Godderz and R. Scott Ryburn Fifth (2 positions) William T. North and W. Irving Shaw Seventh (1 position) Janine A. Cox

Tenth (4 positions) Lewanna Bell-Lloyd, Victor A. Bergman, Mark Hinderks and Paul J. Morrison Eleventh (2 positions) Sara S. Beezley and Larry A. Prauser Twenty-First (2 positions) Anne Burke Miller and James W. Morrison

Twenty-Eighth (3 positions) Mark J. Dinkel, Norman R. Kelly and Brian W. Wood Thirtieth (1 position) Alan C. Goering

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: February 4, 2004

Chief Justice Kay McFarland today publicly thanked the 2003 Kansas Legislature and Gov. Kathleen Sebelius for enabling the Judicial Branch to submit its budget directly to the Legislature, rather than first to the Executive Branch. Her comments were made in the annual State of the Judiciary message, which was delivered to the Legislature this morning.

In her message, the Chief Justice traces the chronic underfunding of the court system back to 1978 when the Judicial Branch was first required to submit its requested funding to the Director of the Budget. As a result of this change, cuts were made in the Judicial Branch budget before it ever reached the Legislature. http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2004.asp 6 / 7 Kansas Judicial Branch - News Release Archive 11/25/2014

"Recent Judicial Branch history highlights the importance of direct submission of the Judicial Branch budget to the Legislature," the Chief Justice said in the State of the Judiciary message. " For FY 2001, the Governor's budget recommendation was $1.2 million below the amount required to fund the Judicial Branch's maintenance budget needs, and for FY 2002 the recommendation was $2 million below the necessary maintenance budget." During those years, the Legislature "was placed in the unenviable position of having to provide supplemental funding in order to avert extremely adverse personnel actions, such as furloughs, layoffs, and delaying or ceasing services important to the public." The Judicial Branch had been forced for many years to use difficult cost-cutting measures, such as hiring freezes, just to keep the courthouse doors open.

"We thank the Governor and the 2003 Legislature for this welcome change in the budgeting process," she said.

The Chief Justice urges the creation of four much-needed additional judgeships, to be located in Reno, Geary, McPherson and Douglas Counties.

Also included in the message is a request for 20 new nonjudicial positions in the district courts, primarily court services officers. From FY 1994 through FY 2003, felony case filings in Kansas increased by approximately 28.5 percent while no new court services officer positions were added to the Judicial Branch budget. Court services officers supervise juvenile offenders, convicted felons, and misdemeanants who remain in our communities, which is vital to public safety. "Additional court services officer positions are both justified and necessary to ensure meaningful supervision of offenders."

"As the Legislature is well-aware, the need for additional judges and nonjudicial personnel has existed for some time and has not been addressed. The need continues," Chief Justice McFarland said.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2004.asp 7 / 7 Kansas Judicial Branch - News Release Archive 11/25/2014

Kansas Courts

Kansas Courts Cases & Opinions Appellate Clerk Court Rules and Forms Programs Court Administration Quick Links A to Z

Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2005 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2005

Appellate Court Contacts 10/27/05 | 06/03/05 | 05/24/05 | 05/23/05 | 05/03/05 (justice nominees) | 05/03/05 (school finance) District Court Contacts Photo Album State of Kansas Office of Judicial Administration CONTACT INFORMATION Kansas Judicial Center 301 SW 10th The Kansas Supreme Court Topeka, Kansas 66612-1507 301 SW 10th Avenue (785) 296-2256 Topeka Kansas 66612-1507 For More Information, Office of Judicial Administration Contact Ron Keefover Telephone: 785.296.2256 Education-Information Officer Fax: 785.296.7076 FOR IMMEDIATE RELEASE: October 27, 2005 Email: [email protected] Sixteen Topeka attorneys have submitted their name to succeed Shawnee County District Judge Eric Appellate Clerk's Office Rosen, who has been appointed to the Kansas Supreme Court. The deadline was 5 p.m. Wednesday. Telephone: 785.296.3229 Fax: 785.296.1028 The applicants will be interviewed by the Third Judicial District Nominating Commission November 4. The Email: [email protected] commission will then submit the names of at least two but not more than three persons to the governor for appointment. The governor will have 30 days in which to make the appointment. The new judge will stand for election in a retention vote in 2008.

Submitting applications for the position are Joseph D. Johnson, Shawn S. Leisinger, William C. Rein, Teresa L. Sittenauer, Jerold E. Berger, B.J. Hickert, Cheryl Lynne Whelan, James M. Crowl, Mark Stafford Braun, James E. "Jeb" Benfer, Brian Manuel Vazquez, Gary Carl West, John James Knoll, Athena E. Andaya, Lloyd C. Swartz and Wm. Scott Hesse.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

June 3, 2005

TO: Statehouse Media

FROM: Ron Keefover

RE: Ryan Montoy et al. v. State of Kansas et al. Appeal No. 92,032

The Supreme Court today unanimously ordered school funding for the coming school year to be increased no later than July 1 from approximately $142 million appropriated by the 2005 Legislature to $285 million above the past school year's level of funding.

The figure is one-third of the $853 million amount recommended by a consulting firm retained by the 2001 Legislature to determine the cost of educating students in Kansas.

"The case is extraordinary, but the imperative remains that we decide it on the record before us," the Court said in the decision. The State cites no cost study or evidence to rebut the 2001 study by Augenblick & Myers, the consultants retained by the Legislature. "Thus the A&M study is the only analysis resembling a legitimate cost study before us."

"Accordingly, at this point in time, we accept it as a valid basis to determine the cost of a constitutionally adequate public education in kindergarten through the 12th grade. The alternative is to await yet another study, which itself may be found legislatively or judicially unacceptable, and the school children of Kansas would be forced to further await a suitable education." The Court noted that the present suit was filed in 1999.

The Court also said a suggestion by the State Board of Education that the 2005 legislation be accepted as an interim step toward a full remedy is initially attractive, but arguments by the plaintiffs and numerous "friends of the court" briefs present compelling arguments for an immediate fix. "They remind us that we cannot continue to ask current Kansas students to 'be patient.' The time for their education is now," the Court wrote.

However, in deference to a Legislative Post Audit cost study analysis mandated by the 2005 session, the "implementation beyond the 2005-06 school year will be contingent upon the results of the study and this opinion." http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2005.asp 1 / 3 Kansas Judicial Branch - News Release Archive 11/25/2014

"Further, if (1) the post-audit study is not completed or timely submitted for the legislature to consider and act upon it during the 2006 session, (2) the post-audit study is judicially or legislatively determined not to be a valid cost study, or (3) legislation is not enacted which is based upon actual and necessary costs of providing a suitable system of finance and which equitably distributes the funding, we will consider, among other remedies, ordering that, at a minimum, the remaining two-thirds ($568 million) in increased funding based upon the A&M study be implemented for the 2006-07 school year."

"Clearly, the legislature's obligation will not end there; the costs of education continue to change and constant monitoring and funding adjustments are necessary. H.B. 2247's provisions regarding establishment of the 2010 Commission and mandating annual increases based upon the Consumer Price Index may satisfy these demands, but the legislature may seek other means to assure that Kansas school children, now and in the future, receive a constitutionally adequate education.

"In addition, . . . the new funding authorized by [the 2005 session] regarding the increased Local Option Budget authority over 25 percent, the cost-of-living weighting; and both extraordinary declining enrollment provisions are stayed." The Court left the remainder of the legislation intact.

The Court said it "readily" acknowledges that "our present remedy is far from perfect; indeed, we acknowledge that it is merely a balancing of several factors." Among the factors the Court listed are:

The ever-present need for Kansas school children to receive a constitutionally adequate education. The role of the Court as defined in the Kansas Constitution The need for the legislature to bring its school finance legislation into constitutional compliance, with acknowledgment of the unique difficulties inherent in the legislative process. And the press of time caused by the rapidly approaching school year.

"Accordingly, we retain jurisdiction of this appeal. If necessary, further action will be taken by this court as is deemed advisable to ensure compliance with this opinion," the Court concluded.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: May 24, 2005

The names of three persons were submitted to Gov. Kathleen Sebelius Tuesday as nominees for appointment to a vacancy on the state Supreme Court that was created by the March 30th death of Justice Robert L. Gernon.

They include Martha J. Coffman, Lawrence; Douglas County District Judge Robert W. Fairchild and Shawnee County District Judge Eric S. Rosen. Gov. Sebelius will have 60 days in which to make the appointment. The three have been nominated by the Supreme Court Nominating Commission, which conducted interviews throughout the day Monday.

Coffman is the Director of Advisory Counsel for the Kansas Corporation Commission. As such, she serves as legal advisor to the three commissioners. Before joining the KCC in 2000, she served as Director of the Office of Central Research for the Kansas Court of Appeals for nine years. Other public service appointments include serving as a Supreme Court research attorney, assistant appellate defender, and the Paul E. Wilson Defender Project at the University of Kansas School of Law. Upon graduation from law school, she maintained a private law practice.

She earned both her law degree and BA from KU. She also has a MA degree from the University of Pittsburgh, Pittsburgh, PA.

Judge Fairchild is currently chief judge of the one-county 7th Judicial District, which consists of Douglas County. He became a district judge in 1996 and was appointed chief judge in January 2002. Prior his appointment to the bench, Judge Fairchild had been in private practice in Lawrence since 1973.

He received a BA degree in economics from Texas Tech University in May 1970, and was graduate from the KU law school in May 1973.

Judge Rosen has been a Shawnee County District Court judge since 1993. He began his legal career upon his graduation from the Washburn University Shool of Law in 1984 when he served as an assistant public defender. He then served as an assistant district attorney and later as associate general counsel to the Kansas Securities Commission before entering the private practice of law in 1990.

In addition to an MS and a BS degree from KU, Judge Rosen has completed the Law and Economic Institute for Judges at KU and the Judges' General Jurisdiction course at the National Judicial College at the University of Nevada in Reno, Nevada.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: May 3, 2005

The names of 13 persons were submitted by the noon Tuesday deadline as nominees to fill a vacancy created on the Supreme Court that was created by the March 30th death of Justice Robert L. Gernon.

The Supreme Court Nominating Commission will review the applications and conduct interviews May 23- http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2005.asp 2 / 3 Kansas Judicial Branch - News Release Archive 11/25/2014

24, with the names of three on the list to be submitted to Gov. Kathleen Sebelius shortly after for appointment.

(Attached is a list of the applicants.)

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: May 23, 2005

On May 19-22, Supreme Court Justice Robert Davis, Johnson County District Judge Stephen Tatum, Olathe; District Judge Robert Fairchild, Lawrence; and Denise Kilwein, Director of Judicial Education, Office of Judicial Administration, attended the Advance Leadership Institute in Judicial Education.

The Advance Leadership Institute is a project designed to assist states in improving their judicial training. The Institute focuses on techniques of teaching, curriculum design, and adult education principles.

The Institute is funded by the State Justice Institute and held at the University of Memphis. The State Justice Institute (SJI) is a non-profit organization established by federal law to award grants to improve the quality of justice in state courts nationwide, facilitate better coordination between state and federal courts, and foster innovative, efficient solutions to common problems faced by all courts.

Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: May 3, 2005

Thanks to the cooperative efforts of a number of entities, oral arguments involving the constitutionality of the state's school finance act will be made available live over the Internet and be the subject of a half- hour educational program on each of the state's public television stations. The arguments are scheduled to begin at 9:30 a.m. May 11 in the Supreme Court courtroom in the Judicial Center in Topeka.

Representatives of Wichita's KPTS Public Television will serve as pool television representative and oversee the production of a half-hour production of the oral arguments. The public television broadcasts will provide statewide coverage and are scheduled to be aired over the weekend of May 13-15, on the state's public television stations.

Meanwhile, the arguments will be video streamed over the Internet live and later made available as an archive via the Kan-ed Live! Project operated by Kan-ed, a division of the Kansas Board of Regents. Links and instructions for accessing the live broadcasts will be included on the Kansas courts website, and on the Kan-ed project at www.kanedlive.org

There will not be a decision reached on this matter May 11. Rather, as in the case of all appellate courts, the matter will be conferenced by the justices in chambers, researched and deliberated before a draft of an opinion (or opinions) is circulated to the full court for final release. Technical information for accessing the Internet video stream is attached.

Both the Kansas Reserch and Education Network (KanREN) and the Educational Services and Staff Development Association of Central Kansas (ESSDACK) have joined Kan-ed and KPTS in making this netcast possible.

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Kansas Courts

Kansas Courts Cases & Opinions Appellate Clerk Court Rules and Forms Programs Court Administration Quick Links A to Z

Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2006 You and the Courts History of Kansas Appellate Courts News Releases Archive Appellate Practice Handbook Kansas Judicial Branch - News Releases for 2006

Appellate Court Contacts 11/22/06 | 11/21/06 | 11/09/06 | 10/27/06 | 10/16/06 | 10/4/06 | 9/29/06 | 9/11/06 | 8/18/06 | 7/26/06 | District Court Contacts 6/9/06 | 6/1/06 | 5/15/06 | 5/12/06 | 4/20/06 | 2/3/06 | 2/1/06 Photo Album For more information CONTACT INFORMATION contact Ron Keefover Education-Information Officer The Kansas Supreme Court FOR IMMEDIATE RELEASE: November 22, 2006 301 SW 10th Avenue Topeka Kansas 66612-1507 A nominating commission charged with appointing a district magistrate judge in Clay County has issued a request for assistance from the public. Office of Judicial Administration Telephone: 785.296.2256 The nine-member commission is responsible for selecting a district magistrate judge to fill the vacancy Fax: 785.296.7076 which was created when Hon. Paul Wright was not retained for another term during the general election. Email: [email protected] “The nominating commission is especially interested in receiving recommendations from the general Appellate Clerk's Office public. All of the citizens of Clay County are requested to consider this matter and the names of suggested Telephone: 785.296.3229 nominees submitted by the public will be welcomed by the commission,” according to Justice Marla J. Fax: 785.296.1028 Luckert, departmental justice for Clay and Riley Counties. Email: [email protected] Kansas statutes require that a district magistrate judge be a resident of the county in which appointed, be a graduate of a high school or its equivalent, and if not regularly admitted to practice law in Kansas, be certified by the Supreme Court as qualified to serve in the job.

Suggested appointees are requested to complete questionnaires for the position. The completed forms should be returned to Rodney C. Olsen, Commission Secretary, 232 Poyntz Ave., Suite 204, Manhattan, KS 66502, no later than noon, December 14, 2006. The forms are available in the office of clerk of the district court of Clay County.

The nominating commission will convene at 9:00 a.m., December 18, 2006, in the Clay County Courthouse, to interview the suggested appointees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested appointees.

Notices of the vacancy have been mailed to every attorney in the 21st Judicial District by the chairman of the commission. Clay County is one of two counties in the 21st Judicial District.

The nominating commission includes Justice Luckert, nonvoting chairman; Derrick L. Roberson, Manhattan; Rodney C. Olsen, Manhattan; Barry A. Clark, Manhattan; James W. Morrison, Manhattan; Steven C. McMahan, Clay Center; Wade A. Bauer, Clay Center; Janet J. Kruh, Manhattan; and Frank A. Tillman, Manhattan.

For more information contact Ron Keefover Education-Information Officer

FOR IMMEDIATE RELEASE: November 21, 2006

The Shawnee County Third Judicial Nominating Commission Tuesday submitted the names of three attorneys to Gov. Kathleen Sebelius, who will name one of them to succeed Judge Terry E. Bullock, who is retiring in January after 30 years on the bench.

The nominees include Ruth E. Graham, Larry E. Hendricks, and Larry G. Karns. The three were picked from a list of 13 who applied for the judgeship. The Nominating Commission interviewed the applicants Monday and Tuesday. The governor will have 30 days in which to make her selection.

Also applying for the position were James E. "Jeb" Benfer, David B. Debenham, Pantaleon Florez, Jr., Cheryl Rios Kingfisher, Jan Haley Maxwell, Jill A. Michaux, Steven M. Roth, Cheryl L. Whelan, Karen C. Wittman, and Brian M. Vazquez

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information contact Ron Keefover, http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 1 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

Education-Information Officer

FOR IMMEDIATE RELEASE: November 9, 2006

The Supreme Court Nominating Commission today submitted the names of three judges to Gov. Kathleen Sebelius to fill a vacancy on the Supreme Court that will be created by the January retirement of Justice Donald L. Allegrucci.

They include Court of Appeals Judges Lee A. Johnson and Tom Malone, and Douglas County District Judge Robert W. Fairchild. The governor has 60 days in which to appoint one of the three.

Judge Johnson has been a member of the Court of Appeals since 2001. Prior to his appointment to the Court of Appeals, he practiced law in Caldwell in Sumner County since 1980.

A native of Caldwell, he received a B.S. in Business Administration from the University of Kansas in 1969. After serving two years on active duty with the U.S. Army, Corps of Engineers, he became a licensed, multi-line insurance agent. In 1977, he entered Washburn University School of Law and graduated summa cum laude with the class of 1980. Upon graduation, he practiced law in Caldwell, first in partnership with Don B. Stallings and later as a sole practitioner.

Judge Johnson was active in numerous community organizations, including serving on the Sumner Mental Health board for 16 years. He served as mayor of Caldwell in 1975-1976, and as Caldwell City Attorney from 1987 to 1997. He is a member of the Kansas and Sumner County Bar Associations, serving as the local bar association president in 1992.

Judge Malone has been a member of the Court of Appeals since 2003. Before that, he served as a Sedgwick County District Judge from January 1991 until his appointment to the Court of Appeals. He was in private practice in Wichita from 1979 to 1990 in the firm of Redmond & Nazar.

He graduated from Kansas Newman College in 1976, summa cum laude, and from Washburn Law School in 1979, with honors, where he was an associate editor of the Washburn Law Journal.

During his 12 years in private practice, he concentrated on business and commercial litigation in federal and state courts and taught upper division Business Law at Kansas Newman College. Judge Malone was elected to the Sedgwick County district bench in 1990 and served as district judge 12 years. He was primarily a trial judge, presiding over more than 250 jury trials and hundreds of bench trials.

He is a member of the Wichita Bar Association, Kansas Bar Association, American Bar Association, and the Kansas Trial Lawyers Association. He serves on the Kansas Judicial Council: Pattern Instructions in Kansas Advisory Committee, which drafts pattern jury instructions for civil and criminal cases for statewide use by the Kansas judiciary. He is also a member of the Board of Editors of the Kansas Bar Association Journal.

Judge Fairchild has been a Douglas County District Judge since 1996 and was appointed chief judge of that judicial district in January 2002. During his tenure as a district judge, Judge Fairchild was appointed to sit with the Court of Appeals three times.

He has continuously practiced law as an attorney or judge for 33 years since being admitted to the bar in 1973. He practiced with the firm of Norwood, King & Fairchild in Lawrence from 1973 through 1978 when the firm merged with another firm to form Riling, Burkhead, Fairchild & Nitcher, Chtd., where he practiced until his appointment as judge.

Judge Fairchild received a B.A. in Economics from Texas Tech University in May 1970, where he was graduated with honors and was a member of Phi Kappa Phi honorary society. He graduated from the University of Kansas School of Law in 1973, graduating sixth in his class of 176. He was a member of the Order of the Coif and the Board of Editors of the Kansas Law Review.

Judge Fairchild previously was the chair of the Supreme Court Advisory Council on Dispute Resolution and presently serves as chair of the Kansas Board of Examiners of Court Reporters. Since 1993, he has served as an adjunct professor at the KU law school, teaching Alternative Dispute Resolution. He also taught criminal law in the spring of 2005 and served as a mediator for 10 years prior to becoming a judge.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For more information contact Ron Keefover, Education-Information Officer

FOR IMMEDIATE RELEASE: October 27, 2006

A nominating commission charged with naming candidates to fill a district judge vacancy in the 8th Judicial District has issued a request for assistance from the public.

The 8th Judicial District includes the counties of Dickinson, Geary, Marion and Morris.

The nine-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the retirement of District Judge Larry Bengtson.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 8th Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 2 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

welcomed by the commission,” according to Justice Marla J. Luckert, departmental justice.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Victor A. Davis, Jr., secretary, 819 N. Washington, P.O. Box 187, Junction City, KS 66441 no later than 5:00 p.m., November 17, 2006. The forms are available in the office of the clerk of the district court in Dickinson, Geary, Marion, and Morris Counties. There is also a copy on this web site.

The nominating commission will convene at 9:00 a.m., December 1, in the Geary County Courthouse, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by the chair of the commission.

The 8th Judicial District Nominating Commission includes Justice Luckert as the nonvoting chair; Victor A. Davis, Jr., Junction City; Edwin M. Wheeler, Jr., Marion; Darrel W. Bryant, Council Grove; Douglas G. Thompson, Abilene; Kevin O. Harris, Abilene; Kevin Fruechting, Marion; C. Dale Rein, Council Grove; and Carolyn L. Gaston, Milford.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: October 16, 2006

The names of 14 persons were submitted by the noon Monday deadline as applicants to fill a vacancy on the Kansas Supreme Court created by the retirement of Justice Donald Allegrucci, effective January 8, 2007.

The Supreme Court Nominating Commission will review the applications and conduct interviews November 7-8, with the names of three on the list to be submitted to Governor Kathleen Sebelius shortly after for appointment. Sebelius will have 60 days in which to make her selection.

Applying for the position are William D. Biles, Shawnee; Glenn R. Braun, Hays; Katherine Carter, Jamestown; Martha J. Coffman, Lawrence; Henry R. Cox, Shawnee; Judge Robert W. Fairchild, Lawrence; Richard L. Hathaway, Tecumseh; Judge Stephen D. Hill, Topeka; Judge Lee A. Johnson, Topeka; Judge Steve A. Leben, Fairway; Judge Thomas E. Malone, Topeka; Timothy J. Moore, Wichita; John M. Parisi, Leawood, and Judge Gregory L. Waller, Wichita.

Members of the public are encouraged to comment on the qualifications of any of the applicants by writing to Richard C. Hite, c/o Carol G. Green, 301 S.W. 10th Avenue, Topeka, Kansas 66612. All written comments will be distributed to the full Commission for their review.

The Supreme Court Nominating Commission is chaired by lawyer Richard C. Hite of Wichita. Others on the Commission include: First Congressional District, Kerry E. McQueen of Liberal (lawyer member) and Dr. Janet A. Juhnke of Salina (lay member); Second Congressional District, Patricia E. Riley of Topeka (lawyer member) and Dale E. Cushinberry of Topeka (lay member); Third Congressional District, Thomas J. Bath Jr. of Overland Park (lawyer member) and Vivien B. Jennings of Fairway (lay member); Fourth Congressional District, Lee H. Woodard of Wichita (lawyer member) and David N. Farnsworth of Wichita (lay member).

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: October 4, 2006

A nominating commission charged with naming candidates to fill a district judge vacancy in the 3rd Judicial District has issued a request for assistance from the public.

The 3rd Judicial District is comprised of Shawnee County.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the retirement of District Judge Terry Bullock.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 3rd Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Justice Marla J. Luckert, departmental justice and chair of the nominating commission.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 3 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Luckert, Kansas Judicial Center, 301 SW 10th Ave., Topeka, KS 66612 no later than noon, November 6, 2006. The forms are available on-line at www.kscourts.org and in the office of the Clerk of the District Court in Shawnee County.

The nominating commission will convene at 9:00 a.m., November 20, in the Shawnee County Courthouse, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by the chair of the commission.

The 3rd Judicial District Nominating Commission includes Justice Luckert as the nonvoting chair; Alan F. Alderson, Topeka; Terry E. Beck, Topeka; Melissa A. Wangemann, Topeka; Thomas W. Kirker, Topeka; Ginger A. Barr, Auburn; and Mary M. Thomas, Topeka. # # # #

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: September 29, 2006

Chief Justice Kay McFarland today named long-time Topeka attorney Gerald L. Goodell as the Supreme Court's appointee to the state Governmental Ethics Commission.

He succeeds former Chief Justice Robert H. Miller, who has resigned after 15 years service on the Ethics Commission. Miller said in his letter of resignation that "it was a great privilege" to serve on the commission, "but the time has come to step down and let someone else have a wonderful experience."

Miller was designated as the Supreme Court's appointee to the commission following his retirement as chief justice in 1990. He had served as a justice on the Supreme Court from 1975 until 1988 and as chief justice from 1988-1990.

Goodell serves as "of counsel" to Goodell, Stratton, Edmonds & Palmer, a Topeka law firm, which he joined upon his graduation from the Washburn Law School in 1958. A past president of the Topeka and Kansas Bar Associations, Goodell is currently listed as a leader in the field of real estate law in the publication Best Lawyers in America.

He has been active in education, civic and professional associations throughout his legal career, including service as the current president of the Washburn Endowment Association, and past president of the Washburn Alumni Association, Washburn Law School Alumni Association and the Washburn Law School Foundation.

He is a former chair of the Kansas Board of Law Examiners, which makes recommendations to the Supreme Court concerning applications to practice law. He also served on the Shawnee County District Judge Nominating Committee for nearly 25 years.

The Kansas Governmental Ethics Commission is charged with administering, interpreting and enforcing the Campaign Finance Act and laws relating to conflict of interests, financial disclosure and the regulation of lobbying.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

FOR IMMEDIATE RELEASE: September 11, 2006

The Supreme Court Nominating Commission has set noon, October 16, as the deadline for persons to apply for a vacancy on the Supreme Court that will be created by the January 8, 2007, retirement of Justice Donald L. Allegrucci.

Justice Allegrucci is retiring pursuant to Kansas statutes that specify members of the Supreme Court retire at age 70 or at the end of the six-year term in which they become 70 years old. Justice Allegrucci’s 70th birthday will be September 19th.

The nine-member Nominating Commission will conduct interviews November 7-8th and submit the names to the governor on November 9th. The governor will have 60 days in which to make the appointment. Application forms for the position are available in each of the offices of the clerk of district court, plus the office of the Clerk of the Appellate Courts.

The Nominating Commission consists of one lawyer and one non-lawyer from each of the state’s four http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 4 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

congressional districts, plus a lawyer member who is elected statewide by registered attorneys. A justice must be at least 30 years of age and have engaged in the practice of law for at least 10 years.

Members of the Nominating Commission include Richard C. Hite, Wichita, chair; Kerry E. McQueen, Liberal, and Janet A. Juhnke, Salina, 1st Congressional District; Patricia E. Riley, Topeka, and Dale E. Cushinberry, Topeka, 2nd Congressional District; Thomas J. Bath Jr., Overland Park, and Vivien B. Jennings, Fairway, 3rd Congressional District, and Lee H. Woodard, Wichita, and David N. Farnsworth, Wichita, 4th Congressional District.

Justice Allegrucci was born in Pittsburg where he was graduated from Pittsburg State University with an AB degree in 1959. He was graduated from the Washburn University School of Law with a JD degree in 1963. Upon his admission to the bar, he entered into private practice from 1963 to 1982 in El Dorado and Pittsburg. His practice included serving as an assistant county attorney in El Dorado from 1963 to 1967 and as executive director of Mid-Kansas CAP Inc. from 1967-68. He also was an instructor of business and criminal law at Pittsburg State University from 1969 to 1972.

Justice Allegrucci was a member of the Democratic State Committee from 1974-1980 and served as a state senator from 1976-80. He was a Democratic candidate for the Fifth Congressional District in 1978. Gov. John Carlin appointed him to the Public Employee Relations Board in 1981 and as District Court Judge of the 11th District in 1982. He was appointed administrative judge of the 11th District by the Supreme Court in December 1983. While a district judge, Justice Allegrucci served as a member of the executive committee of the Kansas District Judges Association from 1982-1987, chairman of the KDJA Legislative Coordinating Committee from 1982-1986, and as a member of the Judicial Council Court Unification Advisory Committee from 1984-85.

He has attended the four-week general jurisdiction course of the National Judicial College, Reno, Nev. and the following American Academy of Judicial Education conferences: Conduct of a Trial, Judicial Writing, Hearsay, Evidence, and Judicial Administration. He is a member of the Kansas Bar Association. and served as former president and member of the Crawford and Butler County Bar Associations. He is a veteran of the Air Force and served on active and reserve duty from 1959-66. He was appointed by Gov. John Carlin to the Supreme Court in January 1987. He and his wife, Joyce Ann, have two sons, Scott David and Bowen Jay.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

TO: Statehouse Media

FROM: Ron Keefover

RE: Inquiry Concerning Lawton R. Nuss, Justice

Attached is the final disciplinary report by the Commission on Judicial Qualifications regarding its investigation of a March 1 luncheon conversation involving Justice Lawton R. Nuss and two state senators.

By Supreme Court Rule, the panel's decision is final since the Commission chose to admonish the justice and order that he not violate the Canons of Judicial Conduct again, but did not recommend discipline to the Supreme Court.

Following is the judicial discipline rule governing disposition of complaints against judges:

Rule 620 HEARING PANEL DISPOSITION OR RECOMMENDATIONS

(a) If a hearing panel finds the charges proven by clear and convincing evidence it shall (1) admonish the judge, (2) issue an order of cease and desist, or (3) recommend to the Supreme Court the discipline or compulsory retirement of the judge. "Discipline" means public censure, suspension, or removal. The affirmative vote of four members of a hearing panel is required for a finding that the charges have been proven and for a recommendation of discipline or compulsory retirement.

(b) In the absence of a finding that the charges have been proven, or if the charges have been proven but no recommendation is made to the Supreme Court, then the proceedings shall be terminated and the judge and the complainant, if any, shall be notified. Other interested persons may be notified at the discretion of a hearing panel.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

July 26, 2006

TO: Statehouse Media FROM: Ron Keefover RE: Appeal No. 92,032: Montoy et al. v. State of Kansas et al.

Chief Justice Kay McFarland announced today that the Supreme Court is in the final stages of drafting the http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 5 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

decision in Montoy et al. v. State of Kansas et al. and the opinion is expected to be filed this Friday at 9:30 a.m.

Chief Justice McFarland will make a brief statement in the Supreme Court courtroom at that time and copies of the opinion will then be released there. The opinion will be subsequently posted on the Judicial Branch website,www.kscourts.org

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

TO: Statehouse Media FROM: Ron Keefover RE: Chief Justice Alumni Award

Chief Justice Kay McFarland is to receive the Washburn University School of Law Distinguished Alumni Award Saturday (June 10) at the law school's annual luncheon during the Kansas Bar Association meeting that is underway in Overland Park.

She is the first woman in the law school's history to receive the award. It is bestowed on those law school alumni "who have distinguished themselves and brought recognition to the school through exceptional accomplishments in their professional, business, or academic careers."

Chief Justice McFarland graduated magna cum laude from Washburn University with dual majors in English and History-Political Science. She is a 1964 graduate of Washburn law school and was admitted to the Kansas Bar the same year.

After graduation, she entered private practice in law. In 1971, she became the first woman to be elected to a judgeship in Shawnee County. During her two years as judge of the Probate and Juvenile Courts in Shawnee County, she reduced serious juvenile offenses by more than half.

In 1973, Chief Justice McFarland became the first woman to serve as a district court judge in the history of Kansas when she was elected judge of the Fifth Division of the Shawnee County District Court.

In September 1977, then Judge McFarland was appointed as a justice of the Kansas Supreme Court, the first woman to hold that office. She became the first woman chief justice of the Kansas Supreme Court in 1995.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

June 1, 2006

TO: Statehouse Media FROM: Ron Keefover RE: Commission on Judicial Qualifications Answer

A formal answer to an ethical complaint pending before the Commission on Judicial Qualifications was filed today on behalf Justice Lawton R. Nuss, respondent in the matter.

I have attached a copy of the answer. No date for a hearing in this matter has been set.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

May 15, 2006

TO: Statehouse Media FROM: Ron Keefover RE: New Judge Positions

The Supreme Court today certified vacancies to Secretary of State Ron Thornburgh for new district court judge positions in Shawnee and Miami Counties.

The 2006 Legislature authorized funding for the two new judgeships, but did not include funding for

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 6 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

support staff. The Supreme Court is designated by statute as the entity that decides where new judiciary positions are to be located.

Chief Justice Kay McFarland said in today's order that Shawnee County has the highest caseload per judge in civil and criminal cases in the state. Last year, Shawnee County also had the highest caseload per judge-390 cases-more than the next highest district, and 1,250 more than the statewide average.

The Sixth Judicial District, which includes Miami, Linn, and Bourbon Counties, experienced an increase of 153 percent in major case filings over the last 10 years. "During that period, it is the only district with an increase of over 100 percent, the next highest being 80 percent," today's order states.

Each of the district judge positions certified in the order have been recommended by the chief judge of the judicial district in which the division is to be located and by the Office of Judicial Administration.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

May 12, 2006

TO: Statehouse Media FROM: Ron Keefover RE: Commission on Judicial Qualifications Complaint

A formal ethical complaint was filed with the Commission on Judicial Qualifications today against Supreme Court Justice Lawton R. Nuss following a preliminary inquiry that was presented to the judicial disciplinary board last week.

I have attached a copy of the complaint. Justice Nuss has until June 1st to respond to today's complaint. A hearing date will be set after that.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

April 20, 2006

TO: Statehouse Media FROM: Ron Keefover RE: Appeal No. 92,032: Montoy et al. v. State of Kansas et al.

The Supreme Court today announced that one of its members, Hon. Lawton R. Nuss, has recused from any further proceedings in this matter.

The recusal arose following a court conference today in which it was disclosed for the first time to the members of the Supreme Court that Justice Nuss had discussed this pending litigation with two Kansas state senators to determine whether figures he had read in the media regarding proposed school funding legislation were accurate.

In that regard, in February Justice Nuss prepared on his own a three-column tabulation showing figures from the Augenblick & Myers cost study and the Division of Legislative Post Audit study, as well as proposed funding from a pending House bill. He shared a copy of his tabulation during a March 1 lunch with Sens. Pete Brungardt and Stephen Morris, a copy of which is attached. Justice Nuss has advised that his purpose in preparing the comparison of the two school finance cost studies and the House bill was to clarify in his mind the exact amounts of funding that were proposed in the pending House bill.

Justice Nuss was meeting with the senators without the knowledge of any other member of the court and acting on his own. His recusal resulted from his decision to avoid any appearance of impropriety, even though there was no discussion with the senators of what amount of funding might eventually be acceptable to him or to the court as a whole.

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 7 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

Contact Ron Keefover Education-Information Officer

February 3, 2006

To: Statehouse Media

From: Ron Keefover

Re: Appeal No. 93,383: Alpha Medical Clinic and Beta Medical Clinic et al. v. Hon. Richard Anderson, Judge of the Third Judicial District, et al.

Saying three federal constitutional privacy interests are threatened by Attorney General Phill Kline's inquisition subpoenas for patient records from two Kansas abortion clinics, the Supreme Court today unanimously ordered Shawnee County District Judge Richard Anderson to reconsider whether the subpoenas should issue and, if so, to adopt tightly drawn restrictions.

In its opinion in Alpha Medical Clinic et al. v. Anderson et al., the Court also declined the clinics' request to hold the attorney general in contempt of court for alleged violations of an order sealing documents and proceedings related to the inquisition.

Today's rulings came in a lawsuit filed directly with the Supreme Court by the clinics, seeking to quash subpoenas of unredacted patient files for 90 women and girls who obtained abortions at the clinics in 2003.

Justice Carol A. Beier, writing for the Court, said the inquisition focused on "at least allegedly unjustified 'late-term' abortions and possible unreported child abuse." She noted that the attorney general also had suggested crimes other than violations of the criminal abortion and child abuse reporting statutes could be uncovered.

The clinics, she wrote, did not seek to stop the entire investigation but "appear to insist only that their patients' privacy rights must be balanced with the State's compelling need for information relative to the criminal investigation."

The privacy interests at stake in the inquisition are "the right to maintain the privacy of certain information," "the right to obtain confidential health care," and "the fundamental right of a pregnant woman to obtain a lawful abortion without government imposition of an undue burden on that right." The opinion observed that, if the inquisition subpoenas "are not handled sensitively, the fundamental rights of women who may seek abortions in the future could be substantially impaired or the assertion of those rights prevented."

Under today's decision, Judge Anderson must "first evaluate the inquisition and subpoenas in light of what the attorney general has told him regarding his interpretation of the criminal statutes at issue."

If Judge Anderson requires additional information to assess the validity of the inquisition and subpoenas, he is directed to seek the information from the attorney general. The Court held that neither the clinics nor their attorneys are to be included in any hearings held for that purpose.

"Only if Judge Anderson is satisfied that the attorney general is on firm legal ground should he permit the inquisition to continue and some version of the subpoenas to remain in effect," the Court decided. If the subpoenas are reissued, Judge Anderson also must impose at least the following safeguards to protect patient privacy:

The clinic's attorneys must be permitted to redact patient-identifying information from the files before they are delivered to the judge under seal; The files should be reviewed initially in private by a lawyer and a physician or physicians appointed by Judge Anderson, who will advise the judge if further redactions should be made to eliminate information unrelated to the "legitimate purposes of the inquisition"; and The initial review also should determine whether any of the files demonstrates "nothing more than the existence of a reasonable medical debate about some aspect of the application of the criminal abortion and/or mandatory child abuse reporting statutes, which the attorney general's office already has acknowledged would not constitute a crime."

On the contempt issue, the Court stated it was giving the attorney general "the benefit of the doubt," although "the actions complained of here might well be characterized as criminal contempt in a different case." The opinion cautioned "all parties to resist any impulse to further publicize their respective legal positions, which may imperil the privacy of the patients and the law enforcement objectives at the heart of this proceeding."

State of Kansas Office of Judicial Administration Kansas Judicial Center 301 SW 10th Topeka, Kansas 66612-1507 (785) 296-2256

For More Information, Contact Ron Keefover Education-Information Officer

TO: Statehouse Media FROM: Ron Keefover RE: Appeal No. 93,383: Alpha Medical Clinic and Beta Medical Clinic v. Hon. Richard Anderson, Judge of the Third Judicial District

As a heads-up, I anticipate a decision by the Supreme Court to be filed in this matter at 9:30 a.m. Friday, http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 8 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

February 3. As usual, I will bring copies to the Statehouse and it will be posted on the kscourts.org website at that time.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2006.asp 9 / 9 Kansas Judicial Branch - News Release Archive 11/25/2014

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Appellate Court Contacts 11/13/07: Three Nominated for 13th Court of Appeals Judge Vacancy | 10/16/07: 28th Judicial District District Court Contacts Judge Vacancy | 10/16/07: 14 Apply for Court of Appeals Vacancy | 9/11/07: Chief Justice 30 Year Celebration | 7/6/07: 30th Judicial District Judge Vacancy | 7/3/07 : Applicants Riley County Magistrate Photo Album Judge Vacancy | 5/25/07: 10th Judicial District Judge Vacancies | 5/24/07: Riley County Magistrate Judge Vacancy | 5/18/07: Justice Award | 5/9/07: Kiowa County Courthouse Moved| 5/8/07: Child Support CONTACT INFORMATION Guidelines Public Hearing| 2/22/07: Court of Appeals Nominees | 2/13/07: Justice Lee Johnson Robing| 2/6/07: Court of Appeals Vacancy | 1/23/07: Child Support Guidelines Survey The Kansas Supreme Court 301 SW 10th Avenue Topeka Kansas 66612-1507 FOR IMMEDIATE RELEASE: November 13, 2007

Office of Judicial Administration The Supreme Court Nominating Commission today submitted the names of three persons to Gov. Telephone: 785.296.2256 Kathleen Sebelius as nominees for the newly created 13th position on the Kansas Court of Appeals. Fax: 785.296.7076 They are for Rep. Ward E. Loyd, Garden City; Timothy J. Moore, Wichita; and Melissa Taylor Standridge, Email: [email protected] Overland Park. All three are in private practice.

Appellate Clerk's Office The governor will have 60 days in which to make the appointment. Telephone: 785.296.3229 Fax: 785.296.1028 Loyd served in the Kansas House of Representatives from January 11, 1999, through January 8, 2007, Email: [email protected] while maintaining a private law practice in Garden City, where he began his practice in July 1968. He has been sole practitioner since 1981.

Loyd is a 1965 graduate of Southwestern College in Winfield and a 1968 graduate of the Washburn University School of Law, and has served on numerous civic and governmental boards and commissions throughout his professional career.

Moore has been in private practice in the Wichita office of Morris, Laing, Evans, Brock & Kennedy, Chtd. since 1989. He has focused on trade secrets and products liability litigation, defense work, and intellectual property. Active in the Wichita Bar Association, he has held every office in that legal organization, is a fellow of the Kansas Bar Association, and has frequently presented legal seminars to industry groups.

Moore was graduated from Brown University, magna cum laude, and from Harvard Law School, cum laude, where he was senior editor of the Harvard Journal of Law and Public Policy.

Standridge has practiced law for 13 years, including four years with the Overland Park firm of Shook, Hardy & Bacon. She has served as chambers counsel for U.S. Magistrate Judge David J. Waxse in Kansas City, KS, since October 1999.

She is a 1993 graduate of the University of Missouri—Kansas City School of Law and was editor-in-chief of the school’s law review. She is a 1984 graduate of the University of Kansas, Lawrence.

FOR IMMEDIATE RELEASE: October 16, 2007

For more information contact Ron Keefover, Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in the 28th Judicial District has issued a request for assistance from the public.

The 28th Judicial District includes Saline and Ottawa counties.

The nine-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the departure of Judge Dan D. Boyer on January 1, 2008.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 28th Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Justice Lawton R. Nuss, departmental justice.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Norman R. Kelly, Commission Secretary, P.O. Box 2388, Salina, KS 67402 no later than 5:00 p.m., November 8, 2007. The forms are available in the office of the clerk of the district court in Saline and Ottawa counties.

The nominating commission will convene at 8:00 a.m., November 15, in the City-County Building, Room http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 1 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

313, 300 W. Ash, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The 28th Judicial District Nominating Commission includes Justice Nuss as the nonvoting chair; Robert G. German, Salina; Mark J. Dinkel, Salina; Norman R. Kelly, Salina; Brian W. Wood, Salina; Emery W. Berry, Minneapolis; Frank R. Cole, Bennington; Don P. Diederich, Salina; and John K. Vanier, II, Salina.

FOR IMMEDIATE RELEASE: October 16, 2007

For More Information, Contact Ron Keefover Education-Information Officer

Fourteen persons applied for a newly created position on the Kansas Court of Appeals by the Monday deadline set by the Supreme Court Nominating Commission.

The new 13th position on the Court was funded by the 2007 Legislature effective January 1, 2008. The Nominating Commission, which consists of a lawyer and non-lawyer from each Congressional District and a lawyer-member who is elected in statewide voting, is scheduled to meet November 12 and 13 to interview applicants.

The Commission will submit the names of three persons to Gov. Kathleen Sebelius, who will make an appointment from the list. The new judge will be on the first statewide general election ballot after he or she has served one year in office.

The following submitted applications by the Monday deadline set by the Nominating Commission: Rick E. Bailey, Wichita; Terry E. Beck, Topeka; Terri L. Bezek, Baldwin City; District Court Judge David E. Bruns, Topeka; Douglas M. Crotty III, Garden City; Ward E. Loyd, Garden City; Suzanne Carey McAllister, Lawrence; Administrative Law Judge Bruce E. Moore, Salina; Timothy J. Moore, Wichita; Steven J. Obermeier, Olathe; Nancy A. Ogle, Wichita; Thomas A. Sheehan, Prairie Village; Steven P. Smith, Wichita; and Melissa Taylor Standridge, Overland Park.

Members of the Nominating Commission include Richard C. Hite, Chairman, Wichita; Kerry E. McQueen, Liberal; Janet A. Juhnke, Salina; Patricia E. Riley and Dale E. Cushinberry, both of Topeka; Thomas J. Bath Jr., Overland Park; Vivien B. Jennings, Fairway; and Lee H. Woodard and David N. Farnsworth, both of Wichita.

FOR IMMEDIATE RELEASE: September 11, 2007

For More Information, Contact Ron Keefover Education-Information Officer

A reception honoring Chief Justice Kay McFarland for her 30 years as a member of the Kansas Supreme Court, including 12 years as chief justice, is scheduled for Monday, September 17th, from 5 to 7 p.m. in the atrium of the Kansas Judicial Center, 301 W. 10th.

Speakers include Gov. Kathleen Sebelius, Linda Parks, president of the Kansas Bar Association; and Gerald L. Goodell, a longtime Topeka attorney.

The chief justice's tenure on the court began somewhat in a whirlwind on September 19, 1977. She learned of her appointment to the Court only the night before, a Sunday. Following the public announcement by the governor the next day, she was sworn in as a Supreme Court justice on Monday, September 19, 1977. Following Bennett's announcement and a brief swearing-in, she began hearing oral arguments at 9:30 a.m. the same morning.

Before her appointment to the Supreme Court, Chief Justice McFarland served as a Shawnee County District Court judge, first as judge of the probate and juvenile courts in 1971, and then as district judge in 1973 until her appointment to the Supreme Court.

As the first woman district judge in state history, Chief Justice McFarland has done much to break the glass ceiling for women in the law. Having defeated the incumbent judge of the probate/juvenile court, she became the first woman to be elected to a Shawnee County judgeship.

In January 1973, she became judge of the newly created fifth division of Shawnee County District Court, thus becoming the first woman district judge in the history of Kansas. She also became the first woman to be appointed as a justice of the Kansas Supreme Court and the first woman to become Chief Justice.

During her tenure as Chief Justice, she has led the Kansas courts from a budget crisis that resulted in an emergency surcharge on case filings to the restoration of an austere but adequate budget in which formerly routine hiring freezes and other adverse personnel actions are no longer required. The budget turnaround culminated with 2006 legislative appropriations that that enabled Chief Justice McFarland to rescind the surcharge.

Meanwhile, she has continued to manage an increasingly complex Supreme Court caseload in which numerous high profile issues have arisen, including among numerous others school finance, a new death penalty law, funeral picketing, and Indian gaming and state-operated casinos.

FOR IMMEDIATE RELEASE: July 6, 2007

For more information contact Ron Keefover, http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 2 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in the 30th Judicial District has issued a request for assistance from the public.

The 30th Judicial District includes the counties of Barber, Harper, Kingman, Pratt, and Sumner.

The 11-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the September 30th retirement of District Judge Thomas H. Graber, Wellington.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 30th Judicial District are requested to consider this matter and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Justice Carol A. Beier, Supreme Court Departmental Justice.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Beier, Kansas Supreme Court, 301 S.W. 10th, Topeka, KS 66612, no later than 5:00 p.m., August 6, 2007. The forms are available in the office of clerk of the district court in each of the district’s counties.

The nominating commission will convene at 9:00 a.m., August 13, 2007, in the Sumner County Courthouse, Wellington, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the governor who may appoint any of the suggested nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by the chairman of the commission.

The 30th district judicial nominating commission includes Justice Beier, as the nonvoting chairman; Robert R. Eisenhauer, Pratt; Melvin E. Matlock, Belle Plaine; Gordon B. Stull, Pratt; Richard L. Swayden, Medicine Lodge; John A. Potucek, II, Wellington; Victor M. Elliott, Anthony; Francis E. Meisenheimer, Kingman; Howard K. Loomis, Pratt; Alan C. Goering, Medicine Lodge; and Lance S. Dixon, Kingman.

FOR IMMEDIATE RELEASE: July 3, 2007

For more information, Contact Ron Keefover Education-Information Officer

Eight persons who have applied for a newly created Riley County district magistrate judge position, are to be interviewed beginning at 9 a.m. Wednesday, July 11, in the Riley County Courthouse. The position was created by the 2007 Legislature and designated by the Supreme Court to be located in Riley County,

The 21st Judicial District Nominating Commission will make the appointment following interviews. The interviews will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested appointees.

Applicants include Stephen W. Freed, Manhattan, Sheila P. Hochhauser, Manhattan; Brenda M. Jordan, Riley; Sheila Ann Maxwell, Manhattan; Elizabeth G. Thurston, Manhattan; Michelle Lynn Williams, Manhattan; Donna Andrea Worley, Evergreen, Colo.; and Phylemon Chuen-Man Yau, Manhattan.

The nominating commission includes Justice Marla J. Luckert, nonvoting chairman; Derrick L. Roberson, Manhattan; Rodney C. Olsen, Manhattan; Barry A. Clark, Manhattan; James W. Morrison, Manhattan; Steven C. McMahan, Clay Center; Kyle C. Bauer, Clay Center; Janet J. Kruh, Manhattan; and Frank A. Tillman, Manhattan.

FOR IMMEDIATE RELEASE: May 25, 2007

For more information contact Ron Keefover, Education-Information Officer

A nominating commission charged with naming candidates to fill two district judge vacancies in Johnson County has issued a request for assistance from the public.

The 15-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancies, which have been created by the appointment of Judge Steve Leben to the Court of Appeals and the addition of a district judge position by the 2007 Legislature.

"The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of Johnson County are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission," according to Justice Lee A. Johnson, departmental justice for the 10th Judicial District.

Kansas statutes require that a judge be a resident of the district in which selected, be at least 30 years of age, have been in the active practice of law for at least five years, and have been admitted to the practice of law within the State of Kansas. http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 3 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

Suggested nominees are requested to complete questionnaires for the position. The forms are available from the Clerk of the Johnson County District Court or online at http://courts.jocogov.org/ca_judge.htm. The completed forms for both positions should be returned to Hon. Karen Arnold-Burger, Commission Secretary, 12400 Foster, Overland Park, KS 66213, no later than noon, June 18, 2007.

The nominating commission will convene July 6th at 8:00 a.m. in Suite 300, Johnson County Administration Building, 111 S. Cherry St., Olathe, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, for each position to the Governor who may appoint any of the nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by Justice Johnson, chair of the commission.

The 10th Judicial District Nominating Commission includes Justice Johnson as the nonvoting chair; Hon. Karen Arnold-Burger, Overland Park; Scott C. Gyllenborg, Leawood; Hon. Larry McClain, Overland Park; Victor A. Bergman, Kansas City; Terry Presta, Overland Park; Edna Baginsky, Olathe; Marcia K. Rinehart, Leawood; Michelle A. Kinzer, Olathe; Paul J. Morrison, Olathe; Mark D. Hinderks, Overland Park; Lewanna Bell-Lloyd, Olathe; Janis K. McMillen, Overland Park; Brant W. Tidwell, Prairie Village; and Richard E. Wells, Olathe.

FOR IMMEDIATE RELEASE: May 24, 2007

For more information contact Ron Keefover Education-Information Officer

A nominating commission charged with appointing a district magistrate judge in Riley County has issued a request for assistance from the public.

The nine-member commission is responsible for selecting a district magistrate judge to fill the vacancy which was created by the 2007 Legislature and designated to be located in Riley County.

"The nominating commission is especially interested in receiving recommendations from the general public. All of the citizens of Riley County are requested to consider this matter and the names of suggested nominees submitted by the public will be welcomed by the commission," according to Justice Marla J. Luckert, departmental justice for the 21st Judicial District, which includes Clay and Riley Counties.

Kansas statutes require that a district magistrate judge be a resident of the county in which appointed, be a graduate of a high school or its equivalent, and if not regularly admitted to practice law in Kansas, be certified by the Supreme Court as qualified to serve in the job.

Suggested appointees are requested to complete a nomination form for the position. The completed forms should be returned to Rodney C. Olsen, commission secretary, Morrison, Frost, Olsen & Irvine, LLP, 323 Poyntz, Manhattan, KS 66502, no later than noon, June 29, 2007. The forms are available in the office of clerk of the district court of Clay and Riley Counties and are online at www.kscourts.org/21st_Nom_Comm.pdf.

The nominating commission will convene at 9:00 a.m., July 11, 2007, in the Riley County Courthouse to interview the suggested appointees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested appointees.

Notices of the vacancy are being mailed to every attorney in the 21st Judicial District by the chairman of the commission.

The nominating commission includes Justice Luckert, nonvoting chairman; Derrick L. Roberson, Manhattan; Rodney C. Olsen, Manhattan; Barry A. Clark, Manhattan; James W. Morrison, Manhattan; Steven C. McMahan, Clay Center; Kyle C. Bauer, Clay Center; Janet J. Kruh, Manhattan; and Frank A. Tillman, Manhattan.

FOR IMMEDIATE RELEASE: May 18, 2007

For more information contact Ron Keefover Education-Information Officer

The Kansas Supreme Court will meet once in special session at 2 p.m. Friday, May 25th, to bestow its Justice Award to long-time Topeka attorney and philanthropist Gerald L. Goodell.

He is being recognized for his many years of making significant contributions to the improvement of justice in Kansas. The Justice Award consists of a cash gift, determined by the Supreme Court, and an individualized plaque bearing the signatures of the Kansas Supreme Court justices. Additionally, names of winners are inscribed on a plaque that has been placed on permanent display outside the Supreme Court Courtroom in the Kansas Judicial Center.

The Award has been presented a variety of persons and one organization. Among past recipients are Chief Justice David Prager, former Governor Robert F. Bennett, Lewis L. Ferguson, former Associated Press Kansas corresondent; and the Marion County Special Education Cooperative Extended Learning Program.

He is of counsel with the Topeka law firm of Goodell, Stratton, Edmonds & Palmer, L.L.P. Goodell joined the firm upon graduation from the Washburn University School of Law in 1958. Soon thereafter, he http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 4 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

became counsel to the Urban Renewal Agency of the City of Topeka, a position which provided extensive experience in real estate law and jury trial experience in condemnation proceedings. Goodell was elected as a member of the American College of Real Estate Lawyers in 1984 and is the former Editor of the Kansas Bar Association Real Estate Handbook. He is currently listed as a leader in the field of real estate law in the publication Best Lawyers in America and represents real estate brokers, developers and lenders.

Goodell served as general counsel for an internationally known psychiatric school, research and treatment facility since 1958, representing it in all litigation, corporate, real estate and general legal matters. Mr. Goodell has served as general counsel for all Kansas Savings and Loan Institutions since 1971.

Since November 2003, Mr. Goodell has served as of counsel to the firm.

Goodell is extensively involved in professional and community affairs. He served as president of the Kansas Bar Association (1985-1986) and as president for the Topeka Bar Association (2000-2001). He was a member of the Shawnee County District Judge Nominating Committee from 1977 until 2000. He completed a term as Chairperson of the Kansas Board of Law Examiners last June, and currently is a member of the Kansas Judicial Council, and chairperson of the Judicial Council Probate Committee. Goodell also serves as a Supreme Court appointee as a commissioner on the State Ethics Board.

Goodell is a member of the Board of Trustees for the Washburn Endowment Association, and served as its president (2005-2006). He is a past president of the Washburn Alumni Association, Washburn Law School Alumni Association and the Washburn Law School Foundation. He is a recipient of the Washburn Law School Distinguished Service Award in 1982, the Kansas Bar Association Distinguished Service Award in 1993 and the Topeka Bar Association Warren Shaw Award in 1998. He received a Doctorate of Law from Washburn Law School in 2002. He has taught Trial Techniques and Real Estate Mortgages at the Law School and has participated in numerous professional panels.

FOR IMMEDIATE RELEASE: May 9, 2007

For more information contact Ron Keefover Education-Information Officer

Due to extensive tornado damage to the Kiowa County Courthouse in Greensburg, district court operations have been relocated to Mullinville, a community approximately 10 miles west on Highway 400, under an order entered this morning by Chief Justice Kay McFarland.

The first proceeding in the relocated court is scheduled for 3 p.m. today when five persons being held for burglary and theft arising from looting following the tornado are to make their first court appearance. Appearing before District Judge Daniel Love, chief judge of the 16th Judicial District, which includes Kiowa County, are: James W. Sweene, Jacob B. Kilgore, Joseph G. Novak, Spencer T. Basoco, and Joel A. Dominguez, all being held in the Pratt County Jail.

The court’s new location is 102 W. Highway 400, which is adjacent to the Mullinville branch of the Haviland State Bank. The district court will be located there until the Kiowa County Courthouse is “sufficiently repaired and suitable for the return of court business,” the Supreme Court order states.

Court officials, including Chief Judge Love, Chief Clerk of the Court DeLanna Nichols and Debra Schmidt, clerk of Kiowa County District Court; salvaged court equipment and moved court records and supplies to Mullinville Monday and Tuesday.

Chief Justice McFarland Wednesday morning expressed her appreciation on behalf the Court and the 16th Judicial District for the assistance of Haviland State Bank staff, students from Greensburg High School, electricians, carpenters and others who helped relocate the court.

FOR IMMEDIATE RELEASE: May 8, 2007

For more information contact Ron Keefover Education-Information Officer

The Kansas Supreme Court's Child Support Guidelines Advisory Committee will conduct a public hearing webcast on Tuesday, May 15, at 7 p.m. The web address for the webcast and useful information about recommended changes to the Kansas Child Support Guidelines can be found on the Kansas Supreme Court website at www.kscourts.org.

Anyone with internet access and Windows Media Player software will be able to attend the public hearing webcast featuring members of the Child Support Guidelines Advisory Committee discussing recommendations for changes to the Kansas Child Support Guidelines. Viewers are encouraged to e-mail questions and comments to the advisory committee, which may be addressed live on the webcast. Individuals also have the option of attending a live broadcast of the webcast at a hosted site in Topeka, Wichita, Hays and Overland Park. Members of the Child Support Guidelines Advisory Committee will be present at each hosted site. Individuals who attend at a hosted site also will be able to submit questions and comments for members of the advisory committee.

The webcast will be archived and will be available for downloading at a later time. The internet link to the webcast is available on the Kansas Supreme Court web site at www.kscourts.org. Individuals may submit comments and questions prior to and during the webcast by e-mailing them to [email protected].

The advisory committee will be accepting public comment on recommended changes to the Guidelines until June 15, 2007, after which it will finalize its recommendations and submit its final report to the Kansas Supreme Court. If you wish to give your input to the advisory committee, please email the committee at http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 5 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

[email protected] or mail your comments to Mark Gleeson, Children and Family Program Coordinator, Office of Judicial Administration, Kansas Judicial Center, 301 SW 10th Ave., Topeka Kansas, 66612.

Questions or comments on this public hearing webcast can also be submitted to Mr. Gleeson at the above address, by email at [email protected] or by calling (785) 291-3224. Individuals in need of reasonable accommodation should contact Elizabeth Reimer, Office of Judicial Administration, Kansas Judicial Center, 301 SW 10th, Topeka KS 66612; by e-mail at [email protected], or via (785) 296- 5309 (voice); (785) 296-1804 (fax); 1-800-766-3777 (TTY). Such requests should be made as soon as possible.

Hosted sites for May 15, 2007 live webcast

Topeka, Kansas Curtis Office Building, Room 530 1000 SW Jackson Topeka, Kansas 66612

Wichita, Kansas Sedgwick County Courthouse 522 N. Main Jury Assembly Room Wichita, Kansas 67203

Hays, Kansas Forsythe Library, Room 039 Fort Hays State University Hays, Kansas 67601

Overland Park, Kansas Carlson Center, Room 212 Johnson County Community College 12345 College at Quivira Overland Park, Kansas 66213

FOR IMMEDIATE RELEASE: February 22, 2007

For more information contact Ron Keefover Education-Information Officer

The Supreme Court Nominating Commission today submitted the names of three persons to Gov. Kathleen Sebelius to fill a vacancy on the Court of Appeals that was created by the January appointment of Hon. Lee A. Johnson to the Supreme Court

They include Glenn R. Braun, Hays; District Judge Steve A. Leben, and Steven J. Obermeier, both of Olathe. The governor will have 60 days in which to make the appointment.

Braun has been in the private practice of law in Hays since 1981 when he joined the firm of Robert F. Glassman, P.A. He has continued in that firm as a partner since 1984. He also served as Ellis County Attorney from 1989-1997 and as a Hays city prosecutor since 1983.

Braun has been a Commissioner and Hearing Officer with the Kansas Racing and Gaming Commission since 2003. He is a 1978 graduate of Kansas State University and a 1981 graduate of the Washburn University School of Law.

Judge Leben began his legal career as an associate with the firm of Stinson, Mag & Fizzell, where he practiced law from 1982 to 1988. He left that firm in 1988 to become a solo practitioner, which included a position as of counsel to the Kansas City, MO, firm of Kuraner & Schwegler from 1989 until his appointment to the Johnson County District Court.

Judge Leben is a 1978 graduate of the University of Kansas and a 1982 graduate of the KU School of Law.

Obermeier is an assistant district attorney in Johnson County, a position he has held since 1985, when he was admitted to practice law. During his tenure as an assistant district attorney, he has prepared more than 820 appellate briefs and argued more than 285 appeals before the Kansas Court of Appeals and Kansas Supreme Court.

Obermeier is a 1981 graduate of the University of Kansas and a 1984 graduate of the Washburn law school.

FOR IMMEDIATE RELEASE: February 13, 2007

For more information contact Ron Keefover Education-Information Officer

The Supreme Court will meet in special session Friday, February 16, at 2:30 p.m. for a robing ceremony honoring the newest member of the Court, Justice Lee A. Johnson. A reception will follow in the Judicial Center atrium.

Justice Johnson was appointed to the Court January 5th to succeed Justice Donald L. Allegrucci, who retired at the end of his term.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 6 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

Justice Johnson has 26 years of legal experience, including a stint on the Kansas Court of Appeals from 2001 until his appointment to the Supreme Court. From 1980 until his appointment to the appellate court, he worked as an attorney in private practice, as well as serving as the city attorney for Caldwell and Argonia.

Justice Johnson received his law degree from Washburn University School of Law in 1980, after receiving his bachelor's degree from the University of Kansas in 1969. He and his wife, Donna, have two children, Jordan, Overland Park; and Jennifer, Emporia.

(The normal photography pooling requirements are waived for ceremonial functions in the Supreme Court.)

FOR IMMEDIATE RELEASE: February 6, 2007

For more information contact Ron Keefover Education-Information Officer

The names of 20 persons were submitted by the noon Tuesday deadline as applicants to fill a vacancy on the Kansas Court of Appeals created by appointment of Judge Lee A. Johnson to the Supreme Court. Justice Johnson filled a vacancy on the Supreme Court created by the retirement of Justice Donald L. Allegrucci.

The Supreme Court Nominating Commission will review the applications and conduct interviews February 20-21st, with the names of three on the list to be submitted to Governor Kathleen Sebelius shortly after for appointment. Sebelius will have 60 days in which to make her selection.

Applying for the position are Rick E. Bailey, Wichita; Terry E. Beck, Topeka; Glenn R. Braun, Hays; Martha J. Coffman, Lawrence; Henry Reid Cox, Shawnee; Douglas M. Crotty III, Garden City; Sharon L. Dickgrafe, Wichita; Roger L. Falk, Wichita; W. Scott Hesse, Topeka; Randall L. Hodgkinson, Topeka; James R. Howell, Andover; Robert E. Keeshan, Topeka; Judge Steve A. Leben, Fairway; Ward E. Loyd, Garden City; Suzanne Carey McAllister, Lawrence; Timothy J. Moore, Wichita; Steven J. Obermeier, Olathe; Steven P. Smith, Wichita; Melissa Taylor Standridge, Overland Park; and Gaye Birkhead Tibbets, Wichita.

FOR IMMEDIATE RELEASE: January 23, 2007

For more information contact Ron Keefover Education-Information Officer

The Kansas Child Support Guidelines Advisory Committee is surveying the public on how child support orders are established in the state's courts. The survey is part of a review of the child support guidelines used by Kansas judges that is conducted every four years.

The guidelines are rules used by judges to determine how much each parents' financial responsibility for their children is when the parents do not live together. This amount includes data from national surveys showing how much families spend on housing, transportation, food, health care, entertainment, and others.

Every four years, the Supreme Court is required to update this information and to examine how often judges adjust the basic child support amount to accommodate the unique circumstances of the family and the best interests of the children. The child support guidelines review is currently underway.

The committee is seeking input by surveying the public. The survey, which has a February 12 deadline, is online at the Kansas Supreme Court web site, www.kscourts.org. The guidelines review project examines the rules used to establish child support but does not include questions about visitation or how child support orders are enforced.

The survey takes approximately five minutes to complete and allows written comments on how participants believe the child support guidelines can be improved. Information obtained through the survey will be used by the Kansas Supreme Court Child Support Guidelines Advisory Committee, which will recommend any changes to the Supreme Court.

The Kansas Child Support Guidelines were established by the Kansas Supreme Court in 1987. Currently, approximately 200,000 Kansans either pay or receive child support for their children. During 2006, over $350 million was paid through the Kansas Child Support Payment Center.

Written copies of the survey and additional information about the Kansas Child Support Guidelines can be obtained by contacting the Office of Judicial Administration, at [email protected] or by writing to Kansas Child Support Guidelines Survey, Office of Judicial Administration, 301 SW 10th Street, Topeka, Kansas 66612.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2007.asp 7 / 8 Kansas Judicial Branch - News Release Archive 11/25/2014

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See the Archives for new releases dating back to 1997.

FOR IMMEDIATE RELEASE : December 8, 2008

For more information contact Ron Keefover, Education-Information Office

Cottonwood Falls Attorney Douglas P. Jones today was appointed District Magistrate Judge for Chase County.

Jones was among five persons who applied to fill a vacancy that is being created by the retirement Friday, December 12, of Hon. John R. Conklin. The appointment was made by the 5th Judicial District Nominating Commission, following interviews that were conducted Monday morning.

Jones is a 2002 graduate of the Washburn University School of Law and a 1997 graduate of Emporia State University. He has been an attorney and managing member of the Cottonwood Falls firm of Rayl & Jones, LLC, since August 2002. During his practice, he has been city attorney for both Strong city and Neosho Rapids.

The 5th Judicial District is a two-county district consisting of Chase and Lyon counties. Members of the nominating commission include Supreme Court Justice Carol A. Beier, the non-voting chair; Theodore J. Hollembeak, Michael C. Helbert, W. Irivng Shaw, Kenneth D. Buchele, and Lloyd Stone, all of Emporia; Charles Rayl, and Leigh Ann Crofoot, both of Cottonwood falls, and Gary D. Sneed, Cedar Point.

FOR IMMEDIATE RELEASE : November 25, 2008

For more information contact Ron Keefover, Education-Information Office

Sedgwick County District Judge James Fleetwood has been appointed chief judge of the 18th Judicial District to succeed Hon. Michael Corrigan, who is retiring at the end of his term January 12th.

As a chief judge, Judge Fleetwood will have general management responsibilities in the judicial district, including assigning judicial caseloads and directing all clerical and administrative personnel. The appointment is for one year to complete the chief judge term currently held by Judge Corrigan. He will be eligible for re-appointment for two-year terms thereafter.

Judge Fleetwood has been on the Sedgwick County bench since 1997. Before that, he was employed at Koch Industries Inc. in the Environmental Law section following his graduation from the Washburn University School of Law in 1989. He was in general private practice from 1995 until his election to Division 11 of District Court in 1997.

Judge Fleetwood has presided over the 18th District’s Family Law and Civil Departments and presently serves on the Kansas District Judge’s Association Executive Committee and the Wichita Bar Association

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Board of Governors where he is Editor of the Wichita Bar’s Bar-O-Meter, a local legal publication. He also is a volunteer for Citizen Emergency Response Team.

He has been married for 33 years to Lisa Fleetwood and has one son and two granddaughters.

FOR IMMEDIATE RELEASE : November 21, 2008

For more information contact Ron Keefover, Education-Information Office

Five persons have applied to fill a district magistrate judge vacancy in Chase County that will be created by the December 13, 2008, retirement of Magistrate Judge John R. Conklin.

They include Douglas P. Jones, a Cottonwood Falls attorney; Laura Lee Miser, a prosecuting attorney for the City of Emporia; Julie D. Whitney, a Fifth Judicial District Court Services Officer; Chase County Attorney William T. North; and Gerald L. Ingalls, Strong City, who is currently a probation enforcement officer with the Fifth Judicial District.

The Fifth Judicial District Nominating Commission is scheduled to convene December 8, 2008, to conduct interviews and then appoint one of the five applicants for the vacancy. The Fifth Judicial District is a two- county district consisting of Chase and Lyon counties.

FOR IMMEDIATE RELEASE : November 14, 2008

For more information contact Ron Keefover, Education-Information Office

The names of three persons were submitted to Gov. Kathleen Sebelius today to fill a vacancy on the Supreme Court that will be created by the January 12 retirement of Chief Justice Kay McFarland.

The nominees are Overland Park attorney Dan Biles, Douglas County Chief Judge Robert W. Fairchild and Court of Appeals Judge Tom Malone. Governor Sebelius will have 60 days in which to fill the high court vacancy.

Pursuant to Kansas law, Chief Justice McFarland is retiring at the end of her current six-year-term on the Court, where she has been a member since 1977. The new member of the Court will serve as a justice, and Robert E. Davis will become chief justice as the next most senior member. Chief Justice McFarland has been chief justice since September 1, 1995.

Biles, who has been admitted to practice for 28 years, has been a member of the Overland Park law firm of Gates, Biles, Shields & Ryan, P.A., since 1985. His practice has included representing the State Board of Education since 1985, and as general counsel for the Kansas Turnpike Authority since 2005.

While in law school at Washburn University, Biles worked as a reporter for the Associated Press and covered the Kansas Legislature, Supreme Court, Governor’s Office and state agencies, as well as political campaigns. He became an assistant attorney general in 1980, where he served in the litigation division until joining the Gates & Clyde Chartered law firm, the predecessor to the current firm, in 1985.

Chief Judge Fairchild has been a Douglas County district judge since 1996 and has been chief judge since 2002. Prior to his appointment to the bench, he was in general practice for 23 years, beginning in 1973 when he was employed by Norwood, King & Fairchild in Lawrence, first as an associate attorney and then as a partner. In 1978, the firm merged with another firm to form Riling, Burkhead, Fairchild & Nitcher, Chtd., in Lawrence. He remained with that law firm until his appointment as district judge.

As a district judge, he has been appointed to serve as a Court of Appeals judge three times and has presided over numerous civil and criminal trials, including the five-week jury trial of Thomas E. Murray, a former university professor who was convicted in 2005 of bludgeoning his estranged wife to death.

Judge Malone has been a member of the Court of Appeals since 2003. Before that, he served as a Sedgwick County District Court judge from 1991 until his Court of Appeals appointment. He was in private practice in Wichita with the firm of Redmond & Nazar from 1979 to December 1990, when he was appointed to the district court bench.

As a Court of Appeals judge, he has heard more than 1,500 appeals and written over 500 decisions. As a Sedgwick County district judge, he served in the civil, criminal, family law, juvenile and probate departments, presiding over more than 250 jury trials and hundreds of trials without a jury.

FOR IMMEDIATE RELEASE : November 13, 2008

For more information contact Ron Keefover, Education-Information Office

Three area attorneys today were nominated to fill a district judge vacancy in the 7th Judicial District, a one-county district consisting of Douglas County, that will be created by the January 12, 2009, retirement of Hon. Jack Murphy.

The names of Barbara Kay Huff and Sally Davis Pokorny, both Lawrence attorneys engaged in private practice, and Kenneth M. (Mike) Warner, an assistant U.S. district attorney in the Western District of Missouri U.S. Attorney’s office, Kansas City, will be submitted to Gov. Kathleen Sebelius Friday morning. She will have 30 days to make an appointment.

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The 7th Judicial District Nominating Commission conducted interviews Wednesday and Thursday of 16 applicants, who had applied for the vacancy.

Huff has been a solo practitioner in Lawrence since 1991 and before that worked as an attorney for the appellate defender office in Olathe from 1988 to 1991, and as an appellate attorney for the Legal Aid Society Criminal Appeals Bureau in New York City from 1985 until 1988. Her legal career includes a stint as a central staff attorney for the Ninth Circuit Court of Appeals and as an associate in a Seattle law firm. She is a native of Clarinda, Iowa.

Pokorny has been in private practice in Lawrence since 2006. Following her graduation from the Washburn University School of Law, Pokorny became an assistant district attorney in Shawnee County, where she worked until moving to Montgomery County to become an assistant county attorney there. From 1985 to 1989, she served as the elected Montgomery County Attorney, and then served as Cherryvale City Attorney until 1992. She was in private practice in Coffeyville and Independence until she moved to Lawrence.

Warner, a 1976 graduate of the University of Missouri-Kansas City and a 1983 graduate of the Washburn law school, has been an assistant federal prosecutor since 1999. Between 1995 and 1999, he was a senior assistant district attorney in Johnson County. Warner also served briefly as general counsel for the Citizen’s Utility Ratepayer Board. He has served as counsel for the Kansas Sentencing Commission, and as an attorney in the Harvey County and Wyandotte County prosecutor’s offices. He maintained a private practice in Salina from 1985-1987 and was a claims attorney for an Iowa insurance company from 1984- 1985.

FOR IMMEDIATE RELEASE : November 10, 2008

For more information contact Ron Keefover, Education-Information Office

The First Judicial District Nominating Commission today certified the names of three area attorneys to fill a judge vacancy that was created by the October retirement of Hon. Frederick N. Stewart.

Nominees include Gerald R. Kuckelman, Atchison County Attorney; Michael F. Willcott and Danny K. Wiley, who are in private practice in Leavenworth.

Governor Kathleen Sebelius will have 30 days in which to make the appointment. The Nominating Commission interviewed 15 applicants last month for two vacancies in the First Judicial District; one created by the retirement of Hon. Philip C. Lacey, and the second by the retirement of Judge Stewart. The Governor selected Michael D. Gibbens, Tonganoxie, to fill Judge Lacey’s position.

Kuckelman, who also was among nominees for the first vacancy, has been Atchison County Attorney since 2001 and has maintained a private practice since 1987. Before that, he served as an assistant Harvey County Attorney and as an assistant attorney general. He is a graduate of Washburn University and the WU law school.

Willcott, who resides in Tonganoxie, has a Leavenworth law office and has been in private practice since 1977. He is a 1969 graduate of Washburn University and a 1976 graduate of the WU law school.

Wiley has been a member of the firm of Murray, Tillotson & Wiley since 1993. He also has been Municipal Judge for the City of Leavenworth since 1997, and has served as a judge pro-tem of Leavenworth District Court since 2003.

The First Judicial District Nominating Commission includes Justice Eric S. Rosen as the nonvoting chair; Robert D. Beal, Leavenworth; John R. Kurth, Atchison; J. David Farris, Atchison; E. Roger Horsky, Leavenworth; Rosemary Niles, Atchison; Mildred G. McMillon, Tonganoxie; Julie A. Clem, Atchison; and Dr. Roy A. Braum, Easton.

FOR IMMEDIATE RELEASE : October 23, 2008

For more information contact Ron Keefover, Education-Information Office

Sixteen area attorneys applied to fill a district judge vacancy in the 7th Judicial District, a one-county district consisting of Douglas County, by the noon Thursday deadline.

They are applying to fill a vacancy that will be created by the January 12, 2009, retirement of Judge Jack Murphy.

The 7th Judicial District Nominating Commission will convene at 9 a.m. November 12 in the Douglas County Judicial and Law Enforcement Center to interview the applicants. The names of at least two, but not more than three, nominees will then be submitted to Gov. Kathleen Sebelius, who will have 30 days to make the appointment.

Applicants include David J. Brown, Lawrence, private practice; Daniel A. Dunbar, Lawrence, a Shawnee County Assistant District Attorney; James T. George, a Lawrence attorney who recently was appointed Douglas County District Court judge pro tem; J.C. Gilroy, Lawrence, private practice; Chelsi Kay Hayden, Lawrence, permanent chambers counsel for U.S. District Judge Carlos Murguia; Barbara Kay Huff, Lawrence, private practice; Kenneth P. Kula, Lawrence, private practice; Randall F. Larkin, Lawrence, private practice; Martin L. Miller, Lawrence, private practice.

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Sally Davis Pokorny, Lawrence, private practice; Timothy G. Riling, Lawrence, private practice; Ronald Schneider, Lawrence, private practice; Jeffrey S. Southard, Lawrence, private practice; Cheryl L. Trenholm, Lawrence, private practice; Suzanne Valdez, University of Kansas law school associate professor; and Kenneth M. Warner, Eudora, an assistant U.S. Attorney for Missouri.

FOR IMMEDIATE RELEASE : October 17, 2008

For more information contact Ron Keefover, Education-Information Office

Eight Kansas attorneys applied by the noon deadline today to fill a vacancy on the Supreme Court that will be created by the January 12, 2009, retirement of Chief Justice Kay McFarland.

They include Karen Arnold-Burger, Overland Park Municipal Court Judge; Christopher E. Biggs, State Securities Commissioner; W. Daniel Biles, a Shawnee attorney; Dennis D. Depew, a Neodesha attorney; Judge Robert W. Fairchild, Lawrence; Court of Appeals Judge Steve A. Leben, Ward E. Loyd, a Garden City attorney, and Court of Appeals Judge Thomas E. Malone.

Interviews to narrow the applicant list to three nominees are scheduled November 13. The names of the nominees will be submitted to Gov. Kathleen Sebelius for appointment.

FOR IMMEDIATE RELEASE : October 7, 2008

For more information contact Ron Keefover, Education-Information Office

The 1st Judicial District Nominating Commission today submitted the names of three area attorneys to fill a judge vacancy created by the October 1st retirement of Hon. Philip C. Lacey.

Nominees include Michael D. Gibbons, Tonganoxie; Gerald R. Kuckelman, Atchison County Attorney, and Cheryl A. Marquardt, an assistant Leavenworth County Attorney.

Gov. Kathleen Sebelius will have 30 days in which to make the appointment. The Nominating Commission will then submit the names of three persons to fill a second vacancy in the district, this one created by the retirement of Hon. Frederick N. Stewart, who also retired effective October 1.

The Nominating Commission interviewed 15 applicants for the vacancy Monday and Tuesday at the Leavenworth County Justice Center.

Gibbons is in private practice in the Basehor firm of Gibbens & Sonntag. He has been in private practice since 1980, and served as a staff attorney with Legal Services for Prisoners in late 1978 until 1980. A native of Belleville, he is a graduate of Washburn University law school and of Baker University in Baldwin.

Kuckelman has been Atchison County Attorney since 2001 and has maintained a private practice since 1987. Before that, he served as an assistant Harvey County Attorney and as an assistant attorney general. He is a graduate of Washburn University and the WU law school.

Marquardt has served as an assistant county attorney in Leavenworth since June 2008. Before that, she practiced law from 1994 to 2008 in the law office of Michael G. Jones and Cheryl A. Marquardt, P.A. in Leavenworth. She received her undergraduate and law degrees from the University of Kansas.

The 1st Judicial District Nominating commission includes Justice Erice S. Rosen as the nonvoting chair and Robert D. Beal, Leavenworth; John R. Kurth, Atchison; J. David Farris, Atchison; E. Roger Horsky, Leavenworth; Rosemary Niles, Atchison; Mildred G. McMillon, Tonganoxie; Julie A. Clem, Atchison, and Dr. Roy A. Braum, Easton.

FOR IMMEDIATE RELEASE : October 6, 2008

For more information contact Ron Keefover, Education-Information Office

The 10th Judicial District Judicial Nominating Commission will convene December 8, 2008 to interview and select nominees for submission to the Governor to fill one district judge position with the Johnson County District Court. The opening is due to the retirement of Judge John Anderson, III.

Interested persons may obtain nomination forms from the Clerk of the District Court or the Clerk of the Appellate Court or on-line at http://www.jocojnc.org. An original and 15 copies of the nomination form and all supporting documents will be considered for the position if received by Commission Secretary, Hon. Karen Arnold-Burger, 12400 Foster, Overland Park, KS 66213, no later than noon, Friday, November 7, 2008. Forms cannot be accepted by fax or on-line.

The 10th Judicial District Judicial Nominating Commission is made up of 14 members. Seven are attorneys elected by the Kansas licensed attorneys residing in the district, and 7 are non-lawyers appointed by the Johnson County Board of County Commissioners. The Nominating Commission welcomes and encourages public input into this important process. Comments can be submitted in writing to the Commission Secretary, Hon. Karen Arnold-Burger, 12400 Foster, Overland Park, KS 66213, faxed http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 4 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

to (913) 327-5701 or emailed to [email protected]. All comments will be forwarded to all members of the Commission. In addition, all meetings of the Commission are open to the public, with an opportunity for public comment.

Future Meeting Dates November 18, 2008 Meeting to Review Applications 9:00 a.m. at the Johnson County Administration Building, Room 201, 111 S. Cherry St., Olathe Public comment will be accepted at 9:15 a.m.

December 8, 2008 Meeting to Interview Applicants 8:00 a.m. at the Johnson County Administration Building, Room 201, 111 S. Cherry St., Olathe Public comment will be accepted at 8:05 a.m. and at 3:00 p.m.

FOR IMMEDIATE RELEASE : October 1, 2008

For more information contact Ron Keefover, Education-Information Office

A nominating commission charged with naming candidates to fill a district judge vacancy in the 7th Judicial District has issued a request for assistance from the public.

The 7th Judicial District is a one-county district comprised of Douglas County.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the retirement of Judge Jack Murphy.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 7th Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Supreme Court Justice Eric S. Rosen, departmental chair for the 7th District.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Rosen, Kansas Supreme Court, 301 SW 10th Ave., Topeka, KS 66612 no later than noon, October 23, 2008. The forms are available in the office of the clerk of the district court in Douglas County and are online at www.kscourts.org.

The nominating commission will convene at 9:00 a.m., November 12, in the Douglas County Judicial and Law Enforcement Center to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy have been mailed to every attorney in this judicial district by the chairman of the commission.

The 7th Judicial District Nominating Commission includes Justice Rosen as the nonvoting chair and Edward G. Collister, Jr., John W. Nitcher, Janine A. Cox, Robert P. Maynard, and Charles R. Epp of Lawrence; and Kurt Von Achen from Eudora.

FOR IMMEDIATE RELEASE : September 25, 2008

For more information contact Ron Keefover, Education-Information Office

Fifteen persons have applied for two judge vacancies in the 1st Judicial District, a two county district consisting of Atchison and Leavenworth counties, it was announced in Topeka today.

They submitted applications by the noon Thursday deadline to fill either vacancy created by the retirements of Judge Frederick Stewart, Leavenworth, and Judge Philip C. Lacey, Atchison. The 1st Judicial District Nominating Commission will convene October 6-7 in the Leavenworth County Justice Center to conduct interviews and select nominees whose names will be submitted to the governor for appointment.

Applicants include:

Leonard L. Buddenbohm, Atchison County Counselor Pamela Campbell Burton, private practice, Leavenworth Robert D. Campbell, private practice, Atchison John W. Fresh, Jr., private practice, Atchison Michael D. Gibbens, private practice, Basehor Jonathan H. Gregor, private practice, Kansas City Carol G. Hall, private practice, Leavenworth Terri L. Harris, private practice, Leavenworth Michael E. Kelly, private practice, Tonganoxie Gerald R. Kuckelman, Atchison County Attorney Cheryl A. Marquardt, assistant Leavenworth County Attorney Geoffrey C. Sonntag, assistant Leavenworth County Attorney Douglas G. Waters, Jr., private practice, Leavenworth Danny K. Wiley, Leavenworth Municipal Court Judge http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 5 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Michael F. Willcott, private practice, Leavenworth

FOR IMMEDIATE RELEASE : September 11, 2008

For more information contact Ron Keefover, Education-Information Office

The Kansas Supreme Court Nominating Commission has set October 17, 2008, as the deadline for applying for a vacancy on the Supreme Court that will be created by the January 12, 2009, retirement of Chief Justice Kay McFarland, it was announced today.

Pursuant to Kansas law, Chief Justice McFarland is retiring at the end of her current six-year term on the Court, where she has been a member since 1977. The new member of the Court will serve as a justice, and Hon. Robert E. Davis will become chief justice as the next most senior member. Chief Justice McFarland has been chief justice since September 1, 1995.

The Supreme Court Nominating Commission consists of a lawyer and a nonlawyer from each congressional district and a lawyer member who is elected statewide. The Commission is scheduled to conduct interviews November 13 and submit the names of three nominees shortly afterward to Governor Kathleen Sebelius for appointment.

Nominating forms are available in the office of the Clerk of the Appellate Courts and are online. An original and 10 copies of the nomination form should be sent to the Office of the Clerk of Appellate Courts, 301 W. 10th Street, Topeka, 66612, by noon October 17, 2008.

Chief Justice McFarland is retiring after an illustrious legal career that began with her graduation in 1964 from the Washburn University School of Law. Before that, she graduated magna cum laude from Washburn University with majors in English and history-political science in 1957.

Chief Justice McFarland was in the private practice of law until January 1971 when she became judge of the probate and juvenile courts of Shawnee County. In January 1973, she became judge of the newly created Fifth Division of Shawnee County District Court, where she served until her appointment as a justice.

She was the first woman to be elected to a judgeship in Shawnee County and the first woman district judge in Kansas history. The trend continued when she became the first woman Kansas justice and then chief justice.

During her tenure as chief justice, she led the Kansas courts from a budget crisis that resulted in an emergency surcharge on case filings to the restoration of an austere but adequate budget. The surcharge was rescinded in 2006, as a result of legislative appropriations that were made that year.

Meanwhile, she has continued to manage an increasingly complex Supreme Court caseload in which numerous high profile issues have arisen, including among numerous others, school finance, a new death penalty law, funeral picketing, Indian gaming, abortion, and state-operated casinos.

Members of the Supreme Court Nominating Commission include Richard C. Hite, Wichita, commission chair; Kerry E. McQueen, Liberal; Janet A. Juhnke, Salina; Patricia E. Riley and Dale E. Cushinberry, both of Topeka; Matthew D. Kennan, Leawood; Katherine DeBruce, Shawnee Mission; Lee H. Woodard and David N. Farnsworth, both of Wichita.

FOR IMMEDIATE RELEASE : September 10, 2008

For more information contact Ron Keefover, Education-Information Office

Due to the impending retirements of Judge Frederick Stewart, Leavenworth, Philip C. Lacey, Atchison, the First Judicial District Nominating Commission has adjusted its schedule to interview candidates for the positions.

The First Judicial District includes Atchison and Leavenworth counties.

The commission now is scheduled to convene at 9 a.m. October 6, 2008, at the Leavenworth County Justice Center to conduct interviews and select nominees whose names will be submitted to the governor for appointment.

Those seeking to become a judge must file the nomination form and any letters of support with Justice Eric S. Rosen, Kansas Supreme Court, 301 W. 10th Street, Topeka, KS. 66612, no later than noon, September 25, 2008. Nomination forms are available in the offices of the clerk of the district court in Atchison and Leavenworth counties and online at www.kscourts.org

The law requires that the commission submit at least two names, but not more than three, to the governor who may appoint any of the suggested nominees. Updated notices of the vacancies are being mailed to every attorney in the district by the chairman of the commission.

The 1st Judicial District Nominating commission includes Justice Rosen as the nonvoting chair and Robert D. Beal, Leavenworth; John R. Kurth, Atchison; J. David Farris, Atchison; E. Roger Horsky, Leavenworth; Rosemary Niles, Atchison; Mildred G. McMillon, Tonganoxie; Julie A. Clem, Atchison, and Dr. Roy A. http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 6 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Braum, Easton.

Link to Nomination form

FOR IMMEDIATE RELEASE : August 29, 2008

For more information contact Ron Keefover, Education-Information Office

A nominating commission charged with naming candidates to fill a district judge vacancy in the 1st Judicial District has issued a request for assistance from the public.

The 1st Judicial District includes Leavenworth and Atchison counties.

The nine-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the October 1, 2008, retirement of Judge Philip C. Lacey.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 1st Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Justice Eric S. Rosen, departmental justice.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Rosen, 301 SW 10th Avenue, Topeka KS 66612 no later than noon, September 18, 2008. The forms are available in the office of the clerk of the district court in Atchison and Leavenworth counties, and online at www.kscourts.org.

The nominating commission will convene at 9:00 a.m., September 29, in the Leavenworth County Justice Center, Leavenworth, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy have been mailed to every attorney in this judicial district by the chairman of the commission.

The 1st Judicial District Nominating Commission includes Justice Rosen as the nonvoting chair and Robert D. Beal, Leavenworth; John R. Kurth, Atchison; J. David Farris, Atchison; E. Roger Horsky, Leavenworth; Rosemary Nies, Atchison; Mildred G McMillon, Tonganoxie; Julie A. Clem, Atchison; and Dr. Roy A. Braum, Easton.

Link to Nomination form

FOR IMMEDIATE RELEASE : August 25, 2008

For more information contact Ron Keefover, Education-Information Officer

The names of three local attorneys have been forwarded to Governor Sebelius for consideration for the current judicial opening in Johnson County. The opening is due to the retirement of Judge William Isenhour. The nominees are:

Thomas Kelly Ryan, Shawnee. Mr. Ryan is a partner in the firm of Gates, Giles, Shields & Ryan, Overland Park.

Neil Foth, Lake Quivera. Mr. Foth is a partner in the firm of Foth & Orrick, Overland Park.

Hon. James Phelan, Overland Park. Judge Phelan is currently a magistrate judge in the 10th Judicial District.

Interviews were held with the sixteen applicants on August 22, 2008 at the Johnson County Administration Building. Interviews were open to the public. The Governor will have 30 days to select from the three names submitted.

For more information about the merit selection process, including the background of Commission members and minutes of prior meetings go to the Commission’s website at www.jocojnc.org

Press Questions: Call Hon. Karen Arnold-Burger, (913) 327-6852 or email at [email protected]

FOR IMMEDIATE RELEASE : July 25, 2008

For more information contact Ron Keefover, Education-Information Officer http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 7 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Sixteen attorneys residing in Johnson County have applied for the current judicial opening in Johnson County. The opening is due to the retirement of Judge William Isenhour. The applicants are:

G.Gordon Atcheson, Overland Park, Jon Blongewicz, Overland Park; Paul Burmaster, Overland Park; Henry Cox, Shawnee; Veronica L. Dersch, Stillwell; Neil Foth, Lake Quivira; Ellen Suzanne Goldman, Overland Park; Michael Halloran, Leawood; Hon. James Phelan, Overland Park; Matthew Miller, Leawood; Ronald Nelson, Prairie Village; Thomas Kelly Ryan, Shawnee; Robert Scott, Lenexa; and Rekha Sharma-Crawford, Overland Park; Jean Ann Uvodich, Overland Park; and Hon. Daniel Vokins, Olathe.

The 10th Judicial District Judicial Nominating Commission is made up of 14 members. Seven are attorneys elected by the Kansas licensed attorneys residing in the district, and 7 are non-lawyers appointed by the Johnson County Board of County Commissioners. The Nominating Commission welcomes and encourages public input into this important process. Comments can be submitted in writing to the Commission Secretary, Hon. Karen Arnold-Burger, 12400 Foster, Overland Park, KS 66213, faxed to (913) 327-5701 or emailed to [email protected]. All comments will be forwarded to all members of the Commission. Find out more information about the Commission by visiting its website at: www.jocojnc.org

Future Meeting Dates (all meetings are open to the public, with an opportunity provided for public comment)

August 11, 2008 Meeting to Review Applications 9:00 a.m. at the Johnson County Administration Building, Room 201, 111 S. Cherry St., Olathe August 22, 2008 Meeting to Interview Applicants 8:00 a.m. at the Johnson County Administration Building, Room 200, 111 S. Cherry St., Olathe

FOR IMMEDIATE RELEASE : July 25, 2008

For more information contact Ron Keefover, Education-Information Officer

The Shawnee County District Court Nominating Commission today submitted the names of three area attorneys to Governor Kathleen Sebelius to fill a vacancy on the court created by the September 1 retirement of Judge Matthew J. Dowd. The three nominees are Cheryl Rios Kingfisher, Associate Municipal Court Presiding Judge; James E. “Jeb” Benfer, III, private attorney; and Larry G. Karns, private attorney. The Governor will have 30 days in which to make an appointment from the list.

The 3rd Judicial District Nominating Commission includes Justice Luckert as the nonvoting chair and Alan F. Alderson, Terry E. Beck, Mary D. Feighny, Thomas W. Kirker, Mary M. Thomas, Topeka; and Ginger A. Barr, Auburn.

FOR IMMEDIATE RELEASE : July 11, 2008

For more information contact Ron Keefover, Education-Information Officer

Fifteen area attorneys have applied for a Shawnee County District Court judge vacancy that will be created by the September 1 retirement of Judge Matthew Dowd.

The deadline for applying for the judgeship was Thursday. The Shawnee County District Court Nominating Commission will interview applicants next Tuesday, July 15, and subsequently submit the names of at least two, but not more than three, to Gov. Kathleen Sebelius, who will make the appointment.

Three of the 15 applicants previously were nominated to fill a vacancy on the Shawnee County District Court that was created by the July 4 retirement of Judge Thomas R. Conklin. Justice Marla J. Luckert, departmental justice for Shawnee County, said the Nominating Commission will conduct the interviews for Judge Dowd’s successor Tuesday, but withhold making nominations until Gov. Sebelius has made her appointment of Judge Conklin’s successor. The governor has until July 24th to make that appointment.

Following is a list of those applying for Judge Dowd’s position:

James E. “Jeb” Benfer, private practice Kelley M. Connor-Wilson, private practice Jan Haley Maxwell, SRS attorney Jared S. Maag, deputy solicitor general, State of Kansas Jill A. Michaux, private practice T. Richard Harmon, private practice Brian M. Vazquez, Kansas Health Policy Authority, deputy director Kimberly L. Knoll, Shawnee County assistant district attorney Larry G. Karns, private practice Wm. Scott Hesse, assistant attorney general Carl William Ossmann, SRS deputy general counsel Ruth E. Graham, private practice* Cheryl Rios Kingfisher, associate Topeka Municipal Court presiding judge* David B. Debenham, Shawnee County deputy district attorney* Pantaleon Florez Jr., private practice

*Nominated to succeed Judge Conklin

FOR IMMEDIATE RELEASE : June 27, 2008

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 8 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

For more information contact Ron Keefover, Education-Information Officer

The state Supreme Court today upheld the constitutionality of the 2007 Kansas Expanded Lottery Act (KELA).

The Court, in a 22-page unanimous opinion authored by Justice Eric S. Rosen, said that “while the state is not the exclusive owner and operator of all aspects of the lottery enterprise under KELA, the state owns and operates the enterprise itself and owns and operates key elements of the lottery,” thus complying with 1986 constitutional amendments. Hon. Eric S. Rosen

The Court ruled that several key provisions in KELA bring the act into compliance with the 1986 amendments, which also led to legislation allowing horse and dog racing and enabling a state-owned and operated lottery.

“The payment of gaming revenues directly to the state, the ownership by the state of software licenses, the central monitoring of electronic games, and the authority to enter into management contracts and to supervise the managers constitute substantial indicia of ownership by the state and concomitant operation,” the Court ruled.

Justice Rosen noted in today’s decision that the framers of the Kansas Constitution “conscientiously determined that prohibiting lotteries forever was a method of promoting a sound basis for the welfare and growth of the state.” He said similarly the 1986 amendments to the Constitution appear to be based on the voters intention to “allow closely regulated gambling and to raise money for the state.”

“The intention underlying both Section 3 (the original constitutional provision) and Section 3c (the 1986 amendments) involves promoting economic welfare and growth of this state. This unity of intention compels us to read [the amendment] to favor the constitutionality of legislation purporting to create a state-owned lottery, as we have read [the original constitutional provision] to foreclose gambling schemes in the past,” the decision states.

The Court rejected a secondary contention by the attorney general that the 2007 legislation constituted an improper delegation of power by the legislature to the casino managers. The attorney general argued that the “state has surrendered so much operational discretion to private managers that those managers will exercise legislative functions, which are constitutionally reserved to the legislature.” But, the Court said it is “impractical for the legislature to exercise power in detail.”

“The extensive terms of KELA detailing the purpose, authority, and restrictions on the Racing and Gaming Commission belie any improper delegation of authority,” Justice Rosen wrote.

“The statutory scheme, when read in its entirety, shows that these direct statements of ownership and operational control are not mere verbal camouflage. KELA mandates that the Kansas lottery shall be the licensee and owner of all the software programs used at the lottery gaming facilities for all lottery games,” he said.

“Ownership and operation are flexible concepts. This Court will read a constitutional provision so as to carry out the intention of the citizens when they enacted the provision, and the Court will read a statute with a presumption of constitutionality,” the Court concluded. “The legislature and citizens amended the Constitution in order to provide a mechanism for raising revenues for the state and for promoting economic growth, goals that KELA is structured to accomplish. KELA, while not providing for total and unambiguous ownership and operation by the state, contains sufficient indices of ownership and control for it to comply with the constitutional mandate.”

MEDIA ADVISORY: June 25, 2008

For more information contact Ron Keefover, Education-Information Officer

Case No. 99,957: State ex rel Stephen Six, Attorney General, v. the Kansas Lottery and Ed Van Petten

The Supreme Court will file its decision in the above entitled case at 9:30 a.m. this Friday, June 27th.

The decision will be filed in the office of the Clerk of the Appellate Courts at that time and a copy will be posted on the court website, www.kscourts.org shortly thereafter.

FOR IMMEDIATE RELEASE: June 23, 2008

For more information contact Ron Keefover, Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in the 3rd Judicial District has issued a request for assistance from the public.

The 3rd Judicial District is a one-county district consisting of Shawnee County.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created by the retirement of Hon. Matthew J. Dowd, which is effective September 1.

Judge Dowd has been a judge since 1977 following his election the year before. He is a 1963 graduate of http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 9 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

the University of Kansas School of Law and a 1960 graduate of Rockhurst College, Kansas City. In addition to completing six graduate courses at the National Judicial College, Judge Dowd has a Masters from the University of Nevada-Reno. Judge Dowd has been active in numerous professional, military and civic organizations during his lengthy career in the law.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 3rd Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Supreme Court Justice Marla J. Luckert, departmental justice.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to the office of Alan F. Alderson, Commission Secretary, 2101 SW 21st, Topeka, KS 66604 no later than noon, July 10, 2008. The forms are available in the office of the clerk of the district court in Shawnee County and are available online.

The nominating commission will convene at 9:00 a.m., July 15, in the Shawnee County Courthouse to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Questionnaires and applications will be mailed to every attorney in this judicial district by the chairman of the commission.

FOR IMMEDIATE RELEASE: June 20, 2008

For more information contact Ron Keefover, Education-Information Officer

The names of seven area attorneys who have applied for the newly created district judge position in the Second Judicial District were released today.

The Second Judicial District includes the counties of Jackson, Jefferson, Pottawatomie, and Wabaunsee counties.

The Judicial Nominating Commission will meet Friday, June 27, beginning at 9 a.m. in the Pottawatomie County Courthouse, Westmoreland, to interview applicants and then submit the names of either two or three persons to the governor for appointment. The position was created by the 2008 Legislature and certified by Chief Justice Kay McFarland be located in the Second Judicial District.

Applying for the vacancy by Friday’s noon deadline were Jeffrey R. Elder, an attorney in private practice, Wamego; Michael C. Hayes, with offices in Oskaloosa and Lawrence; Norbert C. Marek Jr., Wabaunsee County Attorney; Mary D. Prewitt, Kansas State Director of the U.S. Humane Society, Lawrence; District Magistrate Judge Steven M. Roth, Westmoreland; Kenneth R. Smith, Hoyt attorney and self-employed rancher; and John D. Watts, assistant Pottawatomie County counselor and private practice, Wamego.

FOR IMMEDIATE RELEASE: June 20, 2008

For more information contact Ron Keefover, Education-Information Officer

Saying the Kansas Juvenile Justice Code has become “more akin to an adult prosecution,” the state Supreme Court today ruled 6-1 that juveniles have a constitutional right to a jury trial. (No. 96,197:In the Matter of L.M.)

The decision applies to all juvenile cases pending on appeal or not yet final as of today’s filing. The ruling came in an appeal brought in a Finney County case in which a 16-year-old was found guilty as a juvenile offender on one count of aggravated sexual battery and one count of being a minor in possession of alcohol. The defendant, who is identified in the court briefs only as L.M., filed a motion asking for a jury trial, but was denied by the district court.

The charges arose from the defendant’s making a sexually suggestive comment and forcing a kiss on a woman who was walking home on a street in his neighborhood. He was found guilty as charged and subsequently placed on probation until he was 20 years old. In addition, the district court ordered him to complete sex offender treatment and register as a sex offender.

Chief Justice Kay McFarland was the lone dissenter in the case; however, Justice Marla J. Luckert, in a concurring opinion said she would find the constitutional right arose from Section 5 of the Kansas Constitution, which provides that the “right to a jury trial shall be inviolate.” Her analysis would have afforded a jury trial only to juveniles 14 years of age or older. The majority opinion, which was authored by Justice Eric S. Rosen, said the right to a jury trial applies to all juveniles and arises from the 6th and 14th Amendments to the U.S. Constitution and Section 10 of the Kansas Constitution Bill of Rights. http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 10 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Quoting Section 10 of the Kansas Constitution Bill of Rights, Justice Rosen wrote: “In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel…[and have] a speedy public trial by an impartial jury” in the county where the offense is alleged to have been committed.

The majority held that changes to the Kansas Juvenile Justice Code (KJJC) since 1984, the last time the Kansas Supreme Court addressed the issue, “have eroded the benevolent, child-cognizant, and rehabilitative” and paternalistic nature of the code that distinguished it from the adult criminal system.

“Because the Kansas Juvenile Justice Code has become more akin to an adult criminal prosecution, it is held that juveniles henceforth have a constitutional right to a jury trial under the 6th and 14th Amendments,” the Court ruled.

The majority cited numerous changes to the code over the past 24 years, saying the changes have made juvenile court prosecutions more like adult prosecutions, including changes from “non-punitive terminology” to “criminal terminology” similar to that in the adult criminal code, the alignment of the KJJC sentencing provisions with the adult sentencing guidelines and the removal of other paternalistic protections, such as some confidentiality restrictions that were afforded juvenile defendants.

“While there is wide variability in the juvenile offender laws throughout the country, it nevertheless seems apparent to us that the KJJC, in its tilt towards applying adult standards of criminal procedure and sentencing, removed the paternalistic protections previously accorded juveniles while continuing to deny those juveniles the constitutional right to a jury trial,” the majority held. “Although we do not find total support from the courts in some of our sister states, we are undaunted in our belief that juveniles are entitled to the right to a jury trial guaranteed to all citizens under the 6th and 14th Amendments to the United States Constitution,” the Court concluded.

Chief Justice McFarland said she respectfully dissents from the majority conclusion that juvenile offenders are now constitutionally entitled to a jury trial. “I disagree. Although it cannot be disputed that in the 20- plus years since [the Court’s last decision on it] the juvenile system has become more punitive and has incorporated some of the terminology and mechanisms of the adult criminal system, the majority overstates and overemphasizes the changes while ignoring the many features of the current system that remain consistent with the benevolent, protective, rehabilitative, child-cognizant characteristics that distinguish the juvenile system from the criminal system,” she wrote in her dissent.

She said the new system of juvenile justice in Kansas “continues to further the goals that have always characterized the modern juvenile system: protection of the public and rehabilitation,” which she said are not incompatible. “Given the fact that the juvenile system must deal with serious, violent, and habitual offenders, it is entirely appropriate the juvenile system balance rehabilitation with protection of the public.”

The chief justice said the majority opinion provided no “persuasive authority” from other jurisdictions and contained “less than comprehensive analysis of the current system” in making its conclusion that the “Kansas juvenile justice system is the essential equivalent of the adult criminal justice system and, thus, the right to a jury must be afforded.”

The case will now be returned to Finney County where the defendant will have a right to a jury trial, and the state statute making jury trials for juveniles discretionary has been ruled unconstitutional, under today’s decision.

FOR IMMEDIATE RELEASE: June 11, 2008

For more information contact Ron Keefover, Education-Information Officer

Nine persons have applied for a vacancy on the Shawnee County District Court that will be created when Judge Thomas R. Conklin retires July 4.

Members of the Third Judicial District Nominating Commission will conduct interviews June 23 in Room 409 of the Shawnee County Courthouse and submit the names of two or three nominees to Gov. Kathleen Sebelius, who will make the appointment.

Submitting applications by the deadline established by the Nominating Commission are: Cheryl Rios Kingfisher, Associate Municipal Court Presiding Judge; Carl William Ossmann, Deputy General Counsel with the Kansas Department of Social and Rehabilitation Services; David Debenham, Shawnee County Deputy District Attorney; Justice B. King, managing partner in the Topeka firm of Fisher, Patterson, Sayler & Smith; Larry G. Karns, a Municipal Court Judge Pro Tem and private practitioner; Richard Harmon, a Topeka solo practitioner and member of the Topeka City Council; Ruth E. Graham and Panteleon Florez Jr., both Topeka solo practitioners; and Kelly Michelle Connor-Wilson, a private practitioner with the firm of Connor and Rivers, LLC, with offices in Overland Park and Kansas City, MO.

FOR IMMEDIATE RELEASE: May 23, 2008

For more information contact Ron Keefover, Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in the 2nd Judicial District has issued a request for assistance from the public.

The 2nd Judicial District includes the counties of Jackson, Jefferson, Pottawatomie, and Wabaunsee Counties.

The nine-member commission is responsible for submitting the names of two or three nominees to the http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 11 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Governor for the vacancy which was created by the 2008 Legislature and certification by Chief Justice Kay McFarland that the position be located in the 2nd Judicial District.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 2nd Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Justice Marla J. Luckert, departmental justice for the judicial district.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Marla Luckert, Suite 315, Kansas Judicial Center, 301 SW 10th Avenue, Topeka, KS 66612 no later than noon, June 20. The forms are available in the office of the clerk of the district court in Jackson, Jefferson, Pottawatomie, and Wabaunsee Counties. The form also is online at www.kscourts.org.

The nominating commission will convene at 9:00 a.m., June 27, in the Pottawatomie County Courthouse, Westmoreland, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

The 2nd Judicial District Nominating Commission includes Justice Luckert as the nonvoting chair and Ronald L. Hodgson, Junction City; Edward W. Pugh, Wamego; Charles W. Waugh, Eskridge; Gary F. Conklin, Westmoreland; D. Max Fuller, Maple Hill; Frankie B. Sumner, Westmoreland; David G. Allen, Circleville; and Norma J. Dunnaway, Perry.

FOR IMMEDIATE RELEASE: May 8,2008

For more information, contact Ron Keefover, Education-Information Officer

The Supreme Court today announced the appointment of Wyandotte County District Judge R. Wayne Lampson as the new chief judge of that district’s 16-member bench.

He is succeeding Hon. Philip R. Sieve, who is retiring effective May 30, 2008. The successor to fill Judge Sieve’s district court judge position has not yet been named, and will be filled by appointment of Gov. Kathleen Sebelius later this summer.

Judge Lampson was appointed district judge in 1995 following the death of Judge David Lamar. Prior to his appointment to the bench, Judge Lampson served as the Wyandotte County Counselor, with responsibility for legal representation of the then-Wyandotte County Commission and county government agencies. He also served as Assistant City Attorney for the City of Kansas City, Kansas, was in private practice in Kansas City, Kansas, and served as an Assistant District Attorney.

During his career, Judge Lampson has served as an adjunct professor at Kansas City, KS, Community College and Friends University. Before his appointment to the bench he served as a pro tem judge for Municipal Court and for Wyandotte County District Court. A Winfield native, Judge Lampson earned his law degree at the University of Tulsa law school. His undergraduate degree is from Emporia State University. Judge Lampson is married to Donna Lampson, who works for Deluxe Corporation. He has five adult children, all who live in the metro area.

As chief judge, he will have general management responsibilities in the judicial district, including assigning judicial caseloads and directing all clerical and administrative personnel.

FOR IMMEDIATE RELEASE: May 6,2008

For more information, contact Ron Keefover, Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in Shawnee County District Court has issued a request for assistance from the public.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created when Judge Thomas R. Conklin retires effective July 4.

Judge Conklin has been a judge of Shawnee County District Court since 1987. Before that, he was general attorney with the Santa Fe Southern Pacific Co. since 1971. Judge Conklin began his legal career with the office of Kansas Revisor of Statutes upon his graduation from the Washburn University School of Law in 1968. He is a 1964 graduate of Washburn University with a major in history.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 3rd Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Supreme Court Justice Marla Luckert, departmental chair for http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 12 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

the judicial district.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Alan F. Alderson, Commission Secretary, 2101 SW 21st, Topeka, no later than noon, June 6. The forms are available in the office of the clerk of the district court in Shawnee County and online at www.shawneecourt.org and www.kscourts.org.

The nominating commission will convene at 9:00 a.m., June 23, in the Shawnee County Courthouse to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy have been mailed to every attorney in this judicial district by the chair of the commission.

The 3rd Judicial District Nominating Commission includes Justice Luckert as the nonvoting chair and Alan F. Alderson, Topeka; Terry E. Beck, Topeka; Mary D. Feighny, Topeka; Thomas W. Kirker, Topeka; Ginger A. Barr, Auburn; and Mary M. Thomas, Topeka.

FOR IMMEDIATE RELEASE: May 2,2008

For more information, contact Ron Keefover, Education-Information Officer

The Supreme Court today entered orders in each of the above cases to unseal the documents that have been filed with the Court. Both cases concern the handling of patient medical records from two clinics that perform abortions in Kansas.

The Court made minimal redactions in the unsealed documents to protect both the privacy rights of the patients and the prosecution of ongoing criminal cases in Sedgwick and Johnson counties

In today’s order involving the case brought by the Johnson County clinic, No. 98,747, the Supreme Court scheduled a hearing for 9 a.m. on June 12 for oral argument on the merits of the clinic’s petition, including its request for an order to show cause why former AG Phill Kline should not be found in civil contempt. The clinic alleges Kline violated the Court’s rulings in an earlier case over abortion records. The Court will also hear arguments that morning on Kline’s motion to dismiss the case.

In the order involving the case filed by the Attorney General to obtain patient records now in the possession of Shawnee County’s Judge Richard Anderson, No. 99,050, the Court ordered the parties to submit written arguments by May 22 on why the case should not be dismissed.

Today’s orders, which were signed on behalf the Court by Chief Justice Kay McFarland, also set forth procedures to be followed in the filing of additional documents in the two cases to avoid negative impact on patient privacy and pending prosecutions.

Attached are the two orders that were entered today. In addition, I have a copy of the voluminous unsealed records in my office for inspection by members of the news media.

FOR IMMEDIATE RELEASE: April 16,2008

For more information, contact Ron Keefover, Education-Information Officer

Wichita attorney Wallace W. Underhill has been appointed executive director of the Kansas Lawyers Assistance Program (KALAP), a rehabilitation program for attorneys and law students struggling with mental illness, substance abuse or emotional distress, it was announced in Topeka today.

Underhill was appointed to the position by the Kansas Supreme Court, which established the lawyer assistance program in 2001. He succeeds Wayne Hundley, Topeka, who served as interim director upon the death of Donald Zemites, KALAP’s first director.

The program is governed by the Kansas Lawyers' Assistance Commission, a volunteer board made up of 11 lawyers from around the state appointed by the Kansas Supreme Court.

Underhill has been in private practice since 1973 and a court-appointed mediator and case manager serving Butler, Reno, Sedgwick, and Sumner counties since 2005. He was an assistant Sedgwick County district attorney from 1970 to 1973.

He is a 1967 graduate of Kansas Wesleyan University and a 1970 graduate of the University Kansas School of Law.

FOR IMMEDIATE RELEASE: February 29,2008

For more information, contact Ron Keefover, http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 13 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Education-Information Officer

The Supreme Court today announced it will meet in special session April 8th to hear oral arguments in three cases challenging subpoenas of abortion patient medical records by a Wichita grand jury.

The court scheduled the rare special session to expedite resolution of three challenges of the subpoenas that were filed by Kansas Attorney Gen. Stephen Six, a Wichita abortion clinic operated by Dr. George R. Tiller, and clinic patients whose records were subpoenaed.

The Court also consolidated all three cases for decision and kept its earlier order blocking enforcement of the subpoenas in place until further order of the Court. The Wichita judges handling the grand jury proceedings—Chief Judge Michael Corrigan and Senior Judge Paul Buchanan—were directed to refrain from issuing additional patient records subpoenas generated by the clinic.

Attorneys have been given until 5 p.m. March 17th to file written briefs in the case. The Court limited the briefs to not more than 25 pages in length. Each side of the consolidated case will be allotted a total of one hour to present their arguments to the Court. The special session is to begin at 9 a.m. in the Supreme Court Courtroom in the Judicial Center.

Supreme Court Order: Case 99,951 - Stay Enforcement of Subpoena

Supreme Court Order: Case Nos., 99,951, 99,972, and 100,042 - Consolidation

FOR IMMEDIATE RELEASE: February 29,2008

For more information, contact Ron Keefover, Education-Information Officer

Three area attorneys have been nominated to fill the district court vacancy in Douglas County that was created by the appointment of Judge Stephen N. Six as attorney general.

The nominees are Peggy Carr Kittel, a Douglas County judge pro tem; Trevor C. Wohlford, executive director and chief legal counsel for the State Board of Tax Appeals; and Justice B. King, managing partner of the Topeka law firm of Fisher, Patterson, Sayler & Smith.

The governor will have 30 days from Monday in which to make the appointment.

Kittel has been a judge pro tem for Douglas County District Court since 1998. As such, she presides over juvenile offender hearings and child support and parenting time enforcement hearings. Prior to that, she served as an assistant district attorney, municipal court prosecutor and was in private practice. She was graduated from University of Kansas in 1980 and from its law school in 1982.

King has been with the Fisher Patterson law firm since 1976. He became a partner of the firm in 1979 and became managing partner in 1988. He is a 1976 graduate of the University of Kansas School of Law and received his undergraduate degree from KU in 1973.

Wohlford has been with the State Board of Tax Appeals since 2004. Before that he was an associate attorney in the law firm of Hinkle Elkouri, LLC from 2002-2004 and in the firm of Foulston, Siefkin LLP from 1999 to 2002. He holds a law degree from the University of Denver, and a BA and MA degree from the University of Kansas.

FOR IMMEDIATE RELEASE: February 26,2008

For more information, contact Ron Keefover, Education-Information Officer

The newest member of the Kansas Court of Appeals will be sworn into office in a ceremony Friday at 2 p.m. in the Supreme Court Courtroom.

Melissa Taylor Standridge, Overland Park, was appointed to fill the newly created 13th position on the Court of Appeals.

She has practiced law for 13 years, including four years with the Overland Park firm of Shook, Hardy & Bacon. Standridge has served as chambers counsel for U.S. Magistrate Judge David J. Waxse in Kansas City, KS, since 1999.

A 1993 graduate of the University of Missouri—Kansas City School of Law, she served as editor-in-chief of the school’s law review. She is a 1984 graduate of the University of Kansas, Lawrence.

FOR IMMEDIATE RELEASE: February 22,2008

District Judicial Nominating Commission Elections

The purpose of each commission is to nominate persons for appointment to the office of district judge and to appoint persons to the office of district magistrate judge in judicial districts that have adopted the nonpartisan method for the selection of judges. There are currently seventeen nonpartisan judicial districts: 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 21st, 25th, 28th, 30th, and 31st.

The Clerk of the Supreme Court has recently conducted elections for lawyer members whose terms are expiring on March 3, 2008. There were vacancies in the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 21st, 25th, 28th, 30th, and 31st judicial districts. Below are the election results with terms ending March 5, 2012.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 14 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

JUDICIAL DISTRICT ELECTED LAWYER MEMBER First (3 positions), J. David Farris, E. Roger Horsky & John R. Kurth Second (1 position), Gary F. Conklin Third (2 positions), Terry E. Beck & Mary D. Feighny Fourth (1 position), Steven B. Doering Fifth (2 positions), William T. North & w. Irving Shaw Sixth ( 2 positions), Richard M. Fisher, Jr. & Blake Hudson Seventh (1 position), Janine A. Cox Eighth (2 positions), Darrel W. Bryant & Douglas G. Thompson Ninth (2 positions), Thomas A. Adrian & Robert W. Wise Tenth (2 positions), Victor A. Bergman, Charles W. German, Kevin P. Moriarty, & Lee M. Smithyman Eleventh (2 positions), Sara S. Beezley & Larry A. Prauser Twelfth (2 positions), Daniel D. Metz & Darrell E. Miller Twenty-First (1 position), James W. Morrison Twenty-Fifth (2 positions), Gene H. Gaede & John M. Linder Twenty-Eighth (3 positions), Lance H. Cochran, Catherine J. Craft & Norman R. Kelly Thirtieth (1 position), Alan C. Goering Thirty-First (2 positions), James M. Immell & R. Kent Pringle

FOR IMMEDIATE RELEASE: February 20, 2008

For more information, contact Ron Keefover, Education-Information Officer

The names of 16 area attorneys who have applied for the district judge position in Douglas County District Court that was created by the appointment of Judge Stephen Six as Kansas attorney general were released today.

The 7th Judicial Nominating Commission will meet Thursday and Friday, February 28-29th to nominate either two or three persons to the governor for appointment.

Following is a list of those applying for the judgeship: David J. Brown, private practice Darian P. Dernovish, Legal Counsel, Kansas Highway Patrol Margaret Ann Farley, private practice James T. George, private practice John C. Gilroy, private practice Justice B. King, private practice Peggy Carr Kittel, Judge pro tem, Douglas County Kenneth P. Kula, private practice Terence E. Leibold, private practice Kirk W. Lowry, Legal Director, Disability Rights Center of Kansas Inc. Suzanne (Valdez) McAllister, Clinical Associate Professor, KU School of Law Martin L. Miller, private practice Shon D. Qualseth, private practice Jeffrey S. Southard, private practice Michael Warner, Assistant U.S. Attorney

Trevor C. Wohlford, Chief Counsel/Executive Director, State Board of Tax Appeals

FOR IMMEDIATE RELEASE: February 6, 2008

For more information contact Ron Keefover, Education-Information Officer

Ever wonder what judges are thinking when they sentence an offender to probation? To prison? Why aren’t all offenders just put away until some magic day when they see the light and decide to not commit crimes again? After all, if they do the crime, shouldn’t they do the time?

To help area news media and other community leaders make sense of the state’s complex sentencing guidelines, Johnson County Chief Judge Stephen Tatum has scheduled a sentencing symposium for Monday, February 11, from 9—11 a.m. in the Judges Conference Room on the sixth floor of the Johnson County Courthouse in downtown Olathe.

Featured speaker will be Helen J. Pedigo, executive director of the Kansas Sentencing Commission, who will speak on the subject “Unraveling the Mysteries of Sentencing Guidelines.”

“Perhaps no other duty of a district judge gets closer scrutiny by the media than sentencing someone to a penal or community correction facility or placing an offender on probation,” Chief Judge Tatum said in announcing Monday’s program.

“Just as we judges want to understand the needs of the media in explaining sentencing decisions, we want the media and our community to understand the sentencing guidelines and the process that judges must go through when imposing sentences,” Judge Tatum commented.

“Why do some offenders receive probation, yet others are sent to prison? When may judges depart from the sentencing guidelines? We hope these and any other questions on the mind of members of the media will be answered at this symposium,” he said.

Cameras and recording devices are permitted at this session, and questions from the media to Judge http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 15 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

Tatum will be welcome.

FOR IMMEDIATE RELEASE: January 28, 2008

For more information contact Ron Keefover, Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in the 7th Judicial District that was created by the appointment of Judge Stephen Six to serve as Kansas attorney general, has issued a request for assistance from the public.

The 7th Judicial District is a one-county district comprised of Douglas County.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which was created when Judge Six resigned effective January 18. He takes office as attorney general on Friday.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Rosen at the Kansas Judicial Center, 301 SW 10th Avenue, Topeka, KS 66612 no later than noon, February 20th. The forms are available in the office of the clerk of the district court in Douglas County and online (Fillable PDF Nomination form)at www.kscourts.org.

The nominating commission will convene at 9:00 a.m., February 28-29th, in the Douglas County Judicial and Law Enforcement Center, 111 E. 11th, Lawrence, to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by the chair of the commission.

The 7th Judicial District Nominating Commission includes Justice Rosen as the nonvoting chair and Edward G. Collister, Jr., Lawrence; John W. Nitcher, Lawrence; Janine A. Cox, Lawrence; Kurt Von Achen, Eudora; John Frick, Lawrence; and Multon Scott, Lawrence.

http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2008.asp 16 / 16 Kansas Judicial Branch - News Release Archive 11/25/2014

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Kansas Court System Chart Home > Kansas Courts > General Information > News Releases 2009 You and the Courts History of Kansas Appellate Courts News Releases Appellate Practice Handbook 10/13/09: Judge Named to American Law Institute -10/08/09: Courts Shorten Access Hours - 07/01/09: Appellate Court Contacts Court Filing Fees Hiked - 06/19/09: RE: State v. Sharp - 05/21/09: Electronic Filing of Court Cases - District Court Contacts 04/24/09: 25th Judicial District Judge Nominees Sought - 02/27/09: Biles Swearing-in Scheduled for March 6, 2009 - 01/21/09: Chase County District Magistrate Judge Appointed Photo Album See the Archives for new releases dating back to 1997 CONTACT INFORMATION FOR IMMEDIATE RELEASE: October 13, 2009 The Kansas Supreme Court 301 SW 10th Avenue For More information Topeka Kansas 66612-1507 contact Ron Keefover, Education-Information Officer Office of Judicial Administration Telephone: 785.296.2256 Kansas Court of Appeals Judge Steve Leben has been elected to the American Law Fax: 785.296.7076 Institute (ALI), a prestigious legal organization whose members are elected through Email: [email protected] a rigorous selection process, it was announced in Topeka today.

Appellate Clerk's Office Leben is among 68 newly elected members of the now 4,234-member council. He is Hon. Steve Leben Telephone: 785.296.3229 the only member of the Kansas judiciary who presently serves as an elected Fax: 785.296.1028 member of ALI. Email: [email protected] “The process of being selected into the ALI is rigorous,” ALI President Roberta Cooper Ramo said in announcing the new members. “Membership is a significant honor, as well as a promise to contribute to the health of the legal system in the U.S. and, increasingly, that of legal systems around the world. With the formidable challenges facing our world, these additions to our ranks will enhance our ability to take on the major legal problems of the times and develop solutions,” she said.

The Institute is the leading independent organization in the United States producing scholarly works to clarify, modernize, and otherwise improve the law. The Institute publishes Restatements of the Law, model statutes, and principles of law that are enormously influential in the courts and the legislatures, as well as in legal scholarship and education.

Judge Leben joined the Kansas Court of Appeals in June 2007 after serving nearly 14 years as a district judge in Johnson County. In addition to his work as a judge, Leben also regularly teaches a course on legislation and statutory interpretation at the University of Kansas School of Law. He has served since 1998 as editor of Court Review, a national journal for judges, and he was president of the American Judges Association in 2006-2007. Before becoming a judge, Leben practiced law for 11 years in the Kansas City area—six years with the firm of Stinson, Mag & Fizzell (now Stinson Morrison Hecker LLP) and five years in solo practice.

FOR IMMEDIATE RELEASE: October 8, 2009

For more information contact Ron Keefover, Education-Information Officer

So far this year, the state court system’s $15.9 million budget shortfall has prompted judges from 18 counties to limit the hours of public access to the office of the clerk of district court, it was announced in Topeka today.

The 18 counties are in addition to 15 counties that previously were granted Supreme Court permission to close early because of chronic understaffing. During the closed hours, clerk’s office employees focus on filing papers and making computer data entries for case events and actions.

The shortened hours of public access have been implemented to make up for the elimination of all funding for part-time temporary employees and vacancies left by a statewide hiring freeze. “There just aren’t enough personnel to keep up with the motions and other paper and computer entries that are attendant to approximately 500,000 cases being filed in the district courts annually,” Chief Justice Robert E. Davis said.

“With the hiring freeze and elimination of all part-time temporary employees, many in the courts are doing their own work plus that of one or two of their colleagues who have left the court, or who are on extended leaves of absence,” the chief justice reported.

Wednesday, Nancy Parrish, Chief Judge of Shawnee County District Court, announced that the clerks’ offices for that court will close to the public at 4 p.m. beginning November 1. Shawnee County is the first of the state’s four urban judicial districts to shorten public access hours, with the exception of certain clerks’ offices in Sedgwick County that close early to all but those who must meet financial obligations.

Approximately 40 counties in Kansas have two or fewer employees in the clerk’s office when fully staffed.

“Because 98 percent of the Kansas Judicial Branch budget goes to pay employee salaries, the current http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2009.asp 1 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

reduction in this fiscal year’s basic maintenance budget has led to a crisis that may be unparalleled in Kansas court system history,” Chief Justice Davis said. Employee salaries are paid by the state general fund, with operations and the other expenses of courthouse offices being the responsibility of county commissions.

All told, the Judicial Branch basic maintenance budget was reduced $15.9 million by the Legislature for the 2010 fiscal year that began July 1. This deficit can only be partially made up by the Legislature’s authorization of an increase of $10 per case filing, as well as an $830,000 federal stimulus grant. Other measures, such as the hiring freeze, eliminating use of retired judges to help with caseloads, and abolishing temporary employee hours will save an additional estimated $2.1. But all of these measures will still leave the court system short an estimated $8 million for the current fiscal year, unless emergency supplemental funding is provided by the 2010 Legislature, something the governor and key legislators have said they support. The Supreme Court is preparing a contingency plan to close all courthouses in the state for up to four weeks if that becomes necessary.

Following is a list of district courts that have limited public access and the hours they are currently open:

District Courts with Limited Public Access Hours

COUNTY PUBLIC HOURS

Jackson 8:00 a.m. - 4:00 p.m.

Jefferson 8:00 a.m. - 4:00 p.m.

Pottawatomie 8:00 a.m. - 4:00 p.m.

Wabaunsee 8:00 a.m. - 4:00 p.m.

Shawnee 8:00 a.m. - 4:00 p.m.

Anderson 8:00 a.m. - 4:00 p.m.

Coffey 8:00 a.m. - 4:00 p.m.

Franklin 8:00 a.m. - 4:00 p.m.

Osage 8:00 a.m. - 4:00 p.m.

Lyon 8:00 a.m. - 4:00 p.m.

Bourbon 8:00 a.m. - 4:00 p.m.

Linn 8:00 a.m. - 3:30 p.m.

Miami 8:00 a.m. - 3:30 p.m.

Douglas 8:00 a.m. - 12:00 p.m. and 1:00 p.m - 5:00 p.m.

Geary 9:00 a.m. - 4:00 p.m.

Harvey 9:00 a.m. - 5:00 p.m.

McPherson 9:00 a.m. - 5:00 p.m.

Cherokee 8:00 a.m. - 4:00 p.m.

Crawford (Pittsburg and Girard) 8:00 a.m. - 4:00 p.m.

Labette (Parsons and Oswego) 8:00 a.m. - 4:00 p.m.

Chautauqua 8:00 a.m. - 4:00 p.m.

Montgomery (Independence and Coffeyville) 8:00 a.m. - 4:00 p.m.

Ford 8:00 a.m. - 4:00 p.m.

Cowley (Winfield and Arkansas City) 8:00 a.m. - 4:00 p.m.

Clay 9:00 a.m. - 4:00 p.m.

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Ellis 8:00 a.m. - 4:00 p.m.

Finney 8:00 a.m. - 4:00 p.m.

Reno 8:00 a.m. - 4:00 p.m.

Saline 8:30 a.m. - 4:00 p.m.

Sumner 8:00 a.m. - 4:00 p.m.

Neosho (Erie) 8:00 a.m. - 4:30 p.m.

Wilson 8:00 a.m. - 4:00 p.m.

FOR IMMEDIATE RELEASE: July 1, 2009

For more information contact Ron Keefover, Education-Information Officer

The cost of going to court in Kansas is going up beginning today with the implementation of a temporary $10 surcharge on most kinds of cases being added to court filing fees.

Chief Justice Robert E. Davis wrote in the order implementing the surcharge that the additional court fees were ordered because of a $15.9 million cut in the state court system budget. The surcharge means the cost of filing such cases as felonies and civil matters, including divorces, will now be $183 and $166, respectively. The complete range of fees is online at Judicial Branch website, www.kscourts.org.

The surcharge is projected to restore approximately $5 million of the budget shortfall. Other actions by the Supreme Court that have been taken so far are projected to make up another $2.8 million of the budget cuts. The Court also has applied for a $2.6 million grant as part of federal stimulus program. The balance is to be sought from the 2010 Legislature as supplemental funding, something both the governor and the legislative leadership have said they would try to secure.

However, if the grant application is unsuccessful and no supplemental funding is approved, the remainder of the court system deficit may be required to be saved through 30 days of furlough of all non-judicial employees beginning in January. That means courts across Kansas would have to close one week of each month of the second half of the fiscal year.

Davis said the "cut and resulting court closings would have devastating consequences for our most vulnerable Kansas citizens. Children in need of care, persons seeking protection from abuse and protection from stalking, and persons and their families who are seeking mental health or substance abuse treatment all would be placed at risk."

He added that "court services officers would be less available to supervise persons convicted of misdemeanor and felony offenses" and that everyone in the courts would struggle to meet filing and other deadlines required by speedy trial and other Kansas statutes.

"We have made and will continue to make every effort to reduce expenditures as much as possible, but with almost 98 percent of our State General Fund budget needed to pay salaries and wages, savings of this magnitude will not be possible. As has always been the case, the Judicial Branch has no option other than reducing salary expenditures in order to meet a budget cut of any significance."

Davis said he knew going into the 2009 legislative session that, given the state of the economy, it was inevitable that every state budget would be cut. The Judicial Branch was prepared for this eventuality and to accept cuts commensurate with those expected of all state-funded entities. However, the final budget reduction that undercut the basic court maintenance budget by $15,900,055 million from $112,878,918 to $96,978,863 is devastating, he said.

Link to Surcharge Chart

FOR IMMEDIATE RELEASE: June 19, 2009

For more information contact Ron Keefover, Education-Information Officer

The Supreme Court today upheld the kidnapping and murder convictions of Kimberly Sharp, one of four defendants found guilty for the brutal killing of David Owen, a Topeka man who used unconventional methods to advocate for the homeless. (Full Opinion)

A police canine search team found Owen's decomposing body in a heavily wooded area on the north bank of the Kansas River near downtown Topeka July 2, 2006. Trial testimony indicated he was tied to a tree, kicked in the head, and left to die approximately two weeks earlier following an encounter at a homeless campsite on the river bank. Owen was known to offer the use of his phone cards and cell phones to homeless persons to call their loved ones. He also tried to force them to return to their families by destroying their camps and taking their equipment and supplies.

Today's decision upheld Sharp's felony murder and kidnapping convictions for her involvement with

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Charles Hollingsworth and Carl Lee Baker in Owen's death. The charges against the fourth defendant, John Cornell, were reduced by the prosecutor to involuntary manslaughter and kidnapping in exchange for his guilty plea and testimony against the other three defendants. Sharp was sentenced to life without the possibility of parole for 20 years for the murder and 61 months' imprisonment for kidnapping.

Justice Lawton R. Nuss, writing for the majority in today's 6-1 decision, said former Shawnee County District Judge Thomas R. Conklin did not err in denying Sharp's motion to suppress her confession, in limiting the defense questioning of Cornell, or in admitting into evidence statements from codefendants Hollingsworth and Baker under the coconspirator exception to the hearsay rule. The Court also rejected Sharp's contention that she should be granted a new trial as a result of cumulative error.

Justice Nuss wrote in the Court's decision: "Sharp argues that her confession should have been suppressed because it was involuntary and unreliable. She primarily argues that her confession, including her re-enactment at the crime scene, was exchanged for an 'explicit promise of leniency.' Specifically, Sharp contends that [the police detective] promised her she would not go to jail in connection with Owen's murder and this promise, combined with his assurances that he would help her and her children, as well as her 'particularly vulnerable position,' all worked to overcome her will."

Sharp contended that her "particularly vulnerable position" consisted of being "young, homeless, recently divorced, with two small children."

In rejecting her confession argument, the Court ruled that Judge Conklin's finding–that Sharp was not under coercion or operating under any law enforcement promises–was sufficiently supported by the evidence. It then concluded, based upon all the circumstances, that Sharp had failed to show that the detective had unfairly deprived her of "her free and independent will."

Justice Lee A. Johnson, however, dissented from the majority's determination that all of Sharp's statements were the product of her free and independent will. He said the Court should look at Sharp's interrogation from the "objective view of the defendant, i.e., would a reasonable person have been induced to make a statement by the detective's promises or assurances."

Justice Johnson wrote in his dissent that "anyone in Sharp's situation would have understood that the detective was promising that she was not going to jail 'as long as [she did] not do something dumb and jam [herself]." He added that a promise to take care of her homeless children is just as inducive or coercive as a promise of leniency.

The Supreme Court last December upheld Baker's convictions arising from Owen's murder. Hollingsworth's appeal is pending; Cornell did not appeal his guilty plea.

In the Baker case, the Court rejected his claim that the jury should have been instructed on his contention that he acted under duress, i.e., was forced to participate in the Owen murder under fear for his life. Justice Nuss, who also wrote the decision in Baker's case, said there was insufficient evidence of Baker being forced to help Hollingsworth to warrant an instruction for the jury to consider.

Justice Nuss wrote: "In sum, even when viewed in the light most favorable to Baker, the evidence is insufficient to justify a rational factfinder finding in accordance with his compulsion defense. Any coercion or duress was not imminent or continuous when Hollingsworth and Owen were outside the camp. Moreover, Baker had reasonable opportunity to escape, or at least withdraw, from the criminal activities, particularly when alone in camp with Greene."

The Baker decision also upheld the admission of postmortem photographs, the prosecutor's use of a sports team analogy to explain the concept of aiding and abetting to the jury, and the defendant's sentence of life without the possibility of parole for 20 years for Owen's murder, plus 233 months for the kidnapping.

FOR IMMEDIATE RELEASE: May 21, 2009

For more information contact Ron Keefover, Education-Information Officer

An organizational meeting of a Supreme Court advisory committee that has been appointed to study statewide electronic filing of court cases has been scheduled for June 3 at 10 a.m. in the Kansas Judicial Center, 301 W. 10th, it was announced in Topeka today.

It is being chaired by Justice Marla J. Luckert, with Justice Dan Biles serving as vice chair. In addition to judges, court administrators and clerks, attorneys specializing in collection matters and other members of the legal community, the committee includes the chairs of both the House and Senate Judiciary Committees.

“While no one expects implementation of such a statewide program in the immediate future, it is important that we begin looking at how electronic filing could be implemented in the Kansas Courts,” Justice Luckert said in announcing the committee’s first meeting. “This meeting represents our initial steps in understanding what might be involved in developing an electronic filing system that best meets the needs of Kansas courts, attorneys and the public,” she said.

The committee is to make recommendations to the Supreme Court regarding policy decisions that would be necessitated should a statewide electronic filing system be implemented in Kansas. The committee has been divided into three subcommittees to address policy and procedure, finance, and technology.

Link to information regarding the committee work.

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FOR IMMEDIATE RELEASE: April 24, 2009

For more information contact Ron Keefover, Education-Information Officer

The 12-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which was created by the retirement of Judge Thomas F. Richardson.

“The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 25th Judicial District are requested to consider this matter, and the names of suggested nominees submitted by the general public will be welcomed by the commission,” according to Supreme Court Justice Dan Biles, departmental chair for the 25th District.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Gerald O. Schultz, Nominating Commission Secretary, 302 Fleming, Suite 5, Garden City, KS 67846 no later than noon, May 29, 2009. The forms are available in the office of the clerk of the district court in Finney, Greeley, Hamilton, Kearny, Scott, and Wichita counties and online at www.kscourts.org.

The nominating commission will convene at 9:30 a.m., June 23, in the main courtroom, Garden City Courthouse to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by the chair of the commission.

The 25th Judicial District Nominating Commission includes: Justice Biles as the nonvoting chair and Robert H. Gale, Jr., Syracuse; Jake W. Brooks, Scott City; Thomas Walker, John M. Lindner, Gene H. Gaede, William I. Heydman, and Gerald P. Schultz, all of Garden City; Brian Gruber, Greeley County; Timothy C. Kohart, Hamilton County; Ralph T. Goodnight, Kearny County; Earl Wiles, Wichita County; and Manuel J. Hopkins, Scott County.

FOR IMMEDIATE RELEASE: February 27, 2009

For more information contact Ron Keefover, Education-Information Officer

Overland Park Attorney Dan Biles will be sworn in as the 74th justice of the Kansas Supreme Court during a special session of the Court Friday, March 6, 2009. The session will be at 2 p.m. in the Supreme Court Courtroom in the Kansas Judicial Center, 301 W. 10th, in Topeka.

Biles will be presented to the Court by Dr. Diane Bannerman Juracek, Ph.D., a senior director at Community Living Opportunities, Inc., a non-profit Kansas corporation serving more than 370 children and adults with severe developmental disabilities in community-based residential and day programs. It was founded 32 years ago as an alternative to state-operated institutions. Biles served on the CLO Board Directors for 20 years, but let his term expire after being appointed to the Supreme Court.

Biles, 56-year-old native of El Dorado, served as a partner in the law firm of Gates, Biles, Shields & Ryan, P.A., Overland Park, immediately preceding his appointment. He joined the firm (formerly known as Gates & Clyde, Chartered) in 1985. His practice emphasized administrative, trial, and appellate work on behalf of individuals, corporations, and various state and local government agencies. Biles represented the Kansas State Board of Education as its attorney from 1985 until his appointment to the Supreme Court. He also served as general counsel for the Kansas Turnpike Authority.

Admitted to the Kansas Bar in April 1978, he is a graduate of the Washburn University School of Law and Kansas State University, where he received a BS in Journalism in1974. Beginning in 1980, Biles served five years as an Assistant Attorney General, Litigation Division. Previously, he was a writer for the Associated Press in Topeka, reporting on legislative hearings and sessions, the Kansas Supreme Court, Governor’s office, various state agencies, and political and campaign activities. He also has been an adjunct professor of law at the Washburn law school.

Biles and his wife, Amy McCart, Ph.D., who is an assistant research professor at the University of Kansas, Beach Center on Disability, are parents to three daughters.

FOR IMMEDIATE RELEASE: January 21, 2009

For more information contact Ron Keefover, Education-Information Officer

The Hon. Roger Gossard has been appointed by the Kansas Supreme Court as chief judge of the 14th Judicial District. Counties in the district are Montgomery and http://www.kscourts.org/Kansas-courts/General-information/News-Releases-2009.asp 5 / 6 Kansas Judicial Branch - News Release Archive 11/25/2014

Chautauqua.

As chief judge, Judge Gossard has general management responsibilities in the judicial district, including assigning judicial caseloads and directing all clerical and Hon. Roger administrative personnel. He has served as a District Court Judge for the Fourteenth Gossard Judicial District Division Two since January 2003. Judge Gossard graduated from the University of Oklahoma in 1966 with a B.A., and his Juris Doctorate in 1969.

Judge Gossard served on active duty as a United States Air Force Judge Advocate from June 1970 to April 1974 and as a USAF Reserve Judge Advocate until 1998. Judge Gossard was admitted to the Kansas Bar in 1969 and was in private practice in Coffeyville for 28 years.

Judge Gossard is a member of the Kansas District Judges Association, Southeast Kansas Bar Association, First United Methodist Church (Coffeyville), former American Red Cross Pioneer Chapter Board of Directors, Coffeyville Kiwanis Club, Assistant Scoutmaster Boy Scout Troop 47, American Legion Post 20 and Veterans of Foreign Wars Post 1022. He and his wife, Betty, have three adult children.

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