The Kansas Prosecutor The official publication of the Kansas County and District Attorneys Association Volume V, No. 3, Winter 2009 2008-2009 KCDAA Board Thomas R. Stanton Ann Swegle John Wheeler, Jr. President Vice President Director Reno County Deputy District Sedgwick County Deputy District Finney County Attorney Attorney Attorney Melissa Johnson Mark Frame Michael Russell Director Director Director Seward County Assistant County Edwards County Attorney Wyandotte County Chief Deputy Attorney District Attorney Chairs & Representatives Justin Edwards CLE Committee Chair Assistant Sedgwick County District Attorney Nola Tedesco Foulston NDAA Representative Barry Wilkerson Ed Brancart Sedgwick County District Attorney Director Past President Riley County Attorney Wyandotte County Deputy District Attorney The Kansas Prosecutor The official publication of the Kansas The Kansas Prosecutor County and District Attorneys Association The official publication of the Kansas County Published by the Kansas County and District and District Attorneys Association Attorneys Association, 1200 S.W. Tenth Avenue, Topeka, Kansas 66604. Phone: (785) 232-5822 Fax: (785) 234-2433 Volume V, No. 3, Winter 2009 Table of Contents President’s Column Our mission: by Thomas Stanton .............................................................................................. 4 The purpose of the KCDAA is to promote, improve and facilitate the administration New Legislature Alters Environment for Prosecutors of justice in the State of Kansas. by Steve Kearney ................................................................................................. 5 For questions or comments about this publication, please contact the editor: Election of Prosecutors Around the State ....................................................... 7 Mary Napier [email protected] (785) 783-5494 New KCDAA CLE Committee Chair - Justin Edwards by Magaret A. McIntire ....................................................................................... 8 Board of Editors John Settle Jerome Gorman KCDAA Award Winners .................................................................................. 9 Barry Wilkerson Mary Napier Advisory Council In re L.M.: Opportunities for Kansas Prosecutors Angela Wilson Jess Hoeme by John C. Fritz ................................................................................................. 12 Jared Maag KBI Rolls Out New Case Management System ........................................... 15 KCDAA Administrative Staff Steve Kearney, Executive Director Leisa Shepherd Kellie Kearney KCDAA Milestones ......................................................................................... 20 Richard Samaniego Kari Presley NDAA Winter Report ..................................................................................... 21 KCDAA Spring 2009 Conference .................................................................. 22 This magazine is dedicated to professional prosecutors across the state of Kansas for public information. The KCDAA and the members of the Editorial Board assume no responsibility for any opinion or statement of fact in the substantive legal articles published in The Kansas Prosecutor. We welcome your comments, suggestions, questions, information, etc. About the Cover From time to time, The Kansas Prosecutor will publish articles dealing with controversial issues. The views The current and modern Cloud expressed in The Kansas Prosecutor are those of the authors County Courthouse was built in 1958. and may not reflect the official policy of the KCDAA. Send It is located at 811 Washington St. in correspondence to: The Kansas Prosecutor editor, 1200 S.W. Concordia, Kansas. Tenth Avenue, Topeka, Kansas 66604 or e-mail Mary Napier During the warmer months, the at [email protected]. monument in front features a granite ball in a fountain that rotates. © The Kansas Prosecutor All rights reserved Photo by John D. Morrison, Prairie Photocopying, reproduction or quotation is strictly Vistas Photography prohibited without the written consent from the publisher or Editorial Board. Unsolicited material and/or correspondence cannot be acknowledged or returned, and becomes the property of The Kansas Prosecutor. President’s Column by Thomas Stanton, KCDAA President Deputy District Attorney, Reno County District Attorney’s Office rapists. They get blamed for law enforcement and prosecutors Acausing@ an increase in the to the limit to ensure we do our citizen=s insurance rates, rather jobs right. It also means that the than being praised for protecting courts will do what they believe and serving the public. Officers is right, even if we see the issue Cynicism. The word is then get raked over the coals by differently. We must expect these defined as the belief that all defense attorneys bent on making tests, and we must keep a positive people are motivated by their the officer look bad, and by outlook on life while we deal own selfish desires. The result some courts who seem to truly with the tragedies which occur of cynicism is distrust in anyone believe that officers intentionally everyday within our communities. not specifically associated with a trample the rights of the citizens. I tried to never lose my person=s closest associates. I saw After a while, cynicism can set idealism as an officer. When A @ the effect of cynicism firsthand in, creating an us versus them I teach at Top Gun, I implore when I was a police officer. The mentality. officers to maintain an identity initial desire of all rookie officers, I have found that most outside of their occupation. They I believe, is to serve the public. prosecutors, especially those were not born Officer, Deputy, Most law enforcement agencies who intend on making prosecu- or Agent. They were born Bob, subscribe to the motto, ATo Protect tion a career, also get into this Dave, or Mary. And I was not and Serve,@ as a sort of mission profession to serve the public. born Deputy District Attorney; statement. I remember being We believe that the citizens of I was born Tom. The secret in very idealistic along those lines, our communities deserve profes- avoiding cynicism is to be active to the point that one grizzled old sional, zealous advocates to insure in our communities, our churches, sergeant began referring to me that justice is done. As prosecu- and in our families. as Athe white knight.@ I guess tors, we can also fall victim to The Christmas season he believed I had an unrealistic cynicism. We deal with the same provides us with a great opportu- view of myself as a person who defense counsel as do the officers, nity to positively affect our would ride in and save the day. and we know that some of those community, as well as our own He found the attitude to be highly counsel will do anything to make attitudes. Six years ago our office A @ unusual and highly unrealistic. the officer or the prosecutor look began putting a Toys for Tots Reality is often the enemy bad, regardless of the facts of the box in the lobby of our offices. of idealism. Law enforcement case. We also sometimes feel We were located in a hallway officers deal everyday with the the courts favor the defendants between the law enforcement type of reality most citizens do over the state. Criticism from center and the courthouse. We not wish to acknowledge exists local media can easily add to our collected one or two boxes of toys within their communities. They frustration as public servants. We, every year, elevating the general A constantly deal with persons who too, can develop an us versus mood within the office. Then, @ are committing crimes, using them mentality if we are not three years ago, we moved to drugs and alcohol, and generally careful, and our office staff can the fifth floor of the courthouse, behaving in a manner degrading also develop this mentality. which we occupy exclusively to the human race. Officers stop We must strive to fight off except for some storage areas. Alaw abiding@ citizens for traffic cynicism. It is not us versus them. It did not seem likely we would crimes, only to be blasted for The system works best when have much in the way of traffic to spending their time on such trivial everyone does their job to the our offices, and we were saddened matters as enforcing the traffic best of their ability. This means by the thought of not collecting laws, instead of out catching that defense counsel will push any toys for the children in The Kansas Prosecutor Winter 2009 New Legislature Alters Environment our community. So, we began for Prosecutors a tradition of inviting county by Steve Kearney, KCDAA Executive Director employees and the community to bring a toy to our office, and we would respond by offering whoever came a cookie and The dust has settled on the November general elections and the some punch. Everyone became December legislative leadership elections, and the Kansas legisla- involved, and we have filled tive environment has morphed in several important ways. five Toys for Tots boxes the past two years. We were hoping for Senate greater success this year, and a While the Kansas Senate re-elected the same leadership from live radio remote was executed the last four years, the aftermath of those elections has resulted from our lobby. The event gives in several key committee changes that affect the Kansas County us a break from the somewhat and District Attorneys Association legislative undertakings. Long- deflating issues with which we time friend of the KCDAA,