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Volume 310, No. 3 Opinions Filed in October-December 2019

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Volume 310, No. 3 Opinions Filed in October-December 2019 REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF KANSAS REPORTER: SARA R. STRATTON Advance Sheets, Volume 310, No. 3 Opinions filed in October-December 2019 "Advance Sheets of the Kansas Supreme Court and Kansas Court of Appeals" (USPS 007-480) are published every month ex- cept February, June, August, and October by the State of Kansas, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612- 1598. Periodical postage paid at Topeka, Kansas. POSTMASTER: Send address changes to "Advance Sheets of the Kansas Supreme Court and Kansas Court of Appeals," State Law Librarian, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1598. Price List for Official Reports Subscriptions (bound vol. and adv. sheets) .................... $65.00 Current Bound Volume Subscription (each) ................ 60.00 Noncurrent and Reprint Volumes (each) ...................... 60.00 Advance Sheets (each) ................................................... 15.00 Rule Book (each) ............................................................ 25.00 To order please contact State Law Library @ 785-296-3257 or email [email protected] COPYRIGHT 2020 BY Sara R. Stratton, Official Reporter For the use and benefit of the State of Kansas JUSTICES AND OFFICERS OF THE KANSAS SUPREME COURT _____ CHIEF JUSTICE: 1 HON. LAWTON R. NUSS ...................................................... Salina JUSTICES: 2 HON. MARLA J. LUCKERT ............................................... Topeka HON. CAROL A. BEIER .................................................... Wichita HON. ERIC S. ROSEN .......................................................... Topeka 3 HON. LEE A. JOHNSON ................................................... Caldwell HON. DAN BILES ............................................................. Shawnee HON. CALEB STEGALL .................................................. Lawrence 1 Chief Nuss retired December 17, 2019. 2 Justice Luckert sworn in as Chief Justice December 17, 2019. 3 Justice Johnson retired September 6, 2019. OFFICERS: Reporter of Decisions………….……….……SARA R. STRATTON Clerk ............................................................... DOUGLAS T. SHIMA Judicial Administrator ........................................... NANCY DIXON Disciplinary Administrator ........................ STANTON A. HAZLETT (III) IN THE SUPREME COURT OF THE STATE OF KANSAS ORDER RULES RELATING TO REQUIRED CONTINUING JUDICIAL EDUCATION Supreme Court Rule 503 is hereby amended, effective the date of this order. Rule 503 JUDICIAL EDUCATION ADVISORY COMMITTEE (a) Purpose. A Judicial Education Advisory Committee is established to rec- ommend and organize education and training programs for Kansas appel- late judges, district judges, and district magistrate judges. Programs will be designed to accomplish the following goals: (1) to educate judges regarding the knowledge, skills, and tech- niques required to perform judicial responsibilities fairly, cor- rectly, and efficiently; and (2) to improve the administration of justice, reduce court delay, and promote fair and efficient management of all court proceedings. (b) Membership. The Committee is composed of: (1) one representative of the appellate judges; (2) up to ten representatives of the district judges and district mag- istrate judges with the goal of maximizing balance among each of the six judicial departments and among district judges and district magistrate judges; (3) and one nonvoting representative of the Office of Judicial Administration. (c) Appointment. All members of the Judicial Education Advisory Com- mittee will be appointed by the Supreme Court. (d) Terms. (1) The term of each member of the Committee will be three years. No member of the Committee will be eligible to serve more than two consecutive terms, with the exception that a member ap- pointed to complete an unexpired term will be eligible to serve (IV) two more consecutive three-year terms. A member may serve additional terms after a break in service. (2) Notwithstanding the limitation on the number of representa- tives in subsection (b)(2), all representatives of the district judges and magistrate judges as of July 1, 2019, will remain on the Committee until their terms expire. (e) OJA Representative and Liaison Justice. (1) In addition to the membership described in subsection (b): (A) there will be a permanent, nonvoting seat on the Committee for a representative of the Office of Ju- dicial Administration and (B) the chief justice of the Supreme Court will desig- nate a liaison justice who will serve as the nonvot- ing chair of the Committee. (2) A person serving on the Committee under this subsection is not subject to a term limit under subsection (d). BY ORDER OF THE COURT this 26th day of November, 2019. FOR THE COURT: ________________________________ LAWTON R. NUSS Chief Justice (V) IN THE SUPREME COURT OF THE STATE OF KANSAS ORDER RULES RELATING TO JUDICIAL CONDUCT Supreme Court Rules 640 is hereby amended, effective January 1, 2020. Rule 640 JUDGES ASSISTANCE COMMITTEE (a) The Committee. Under the authority granted by Article 3, Section 15, of the Constitution of the State of Kansas, and in the exercise of the inherent power of the Supreme Court, there is hereby created a A Judges Assistance Committee is created to provide assistance to any Kansas judge needing help for a mental or physical disability or an addiction to or excessive use of drugs or intoxicants who is experienc- ing mental health issues such as depression, stress, grief, and anxiety; addiction issues such as alcohol abuse, drug abuse, and gambling; age- related issues; or any other issue that may affect the judge's quality of life or ability to perform the judge's judicial duties. (b) Definition of "Judge." For purposes of this rule, "judge" means any Supreme Court justice, Court of Appeals judge, district judge, district magistrate judge, Municipal Court judge, or any retired judge or justice accepting judicial assignments. (b)(c) Membership. The Committee committee shall will consist of seven judges appointed by the Supreme Court and shall must always include at least two active district judges and two active district magistrate judges. The other three members may be active or retired judges. The court will consider population Population and geographical represen- tation shall be considered in the appointment process. (d) Terms. Each appointment Committee member shall is be appointed for a term of four years. The Supreme Court court will appoint a new member to fill a vacancy on the committee Committee occurring dur- ing a term. A new member appointed to fill a vacancy serves the un- expired term of the previous member. No member may serve more than three consecutive four-year terms, except that a member initially appointed to serve an unexpired term may serve three more consecu- tive four-year terms thereafter. A vacancy shall occur occurs when the qualifications for the appointment of any member are no longer met. (c)(e) Chair and Meetings. The Supreme Court shall will designate one member as chair of the committee Committee. The Committee will (VI) meet when the need arises and when called by the chair, which shall meet when the need arises and as called by the chair. (d)(f) Objectives. The purpose of the committee is to aid Kansas judges who are, or may potentially become, impaired in the performance of their duties by reason of alcohol or substance abuse or other physical or mental infirmity. The Committee's objectives of the committee are to: 1.(1) identify a judges judge who are impaired from responsibly performing their whose ability to perform the judge's duties by virtue of addiction or abuse of alcohol or other chemicals or due to senility, psychiatric disorders, or other reasons is affected by mental health issues such as depression, stress, grief, and anxiety; addiction issues such as alcohol abuse, drug abuse, and gambling; age-related issues; or any other issue that may affect the judge's quality of life or ability to perform the judge's judicial duties; 2.(2) arrange intervention in those identified cases in such a man- ner that the judges a judge involved will recognize their im- pairment issues that may affect the judge's quality of life or ability to perform the judge's judicial duties, accept help from the committee Committee and medical professionals, and be treated and monitored for a period of time so that they the judge may return to their performing judicial duties when able; 3.(3) recommend avenues of treatment and provide a program of peer support where possible; and 4.(4) act as an advocate of a judges judge who are ill and assist them the judge in recognizing issues that may affect the judge's quality of life or ability to perform the judge's judi- cial duties their impairment, in obtaining effective treatment when possible, and in returning to the responsible perfor- mance of their the judge's profession.; 5. educate the public and the legal community about the nature of impairments and develop a program which will generate confidence to warrant early referrals and self-referrals to the committee so that impairments may be avoided, limited, or reversed. (g) Office of Judicial Administration. The Office of Judicial Admin- istration will assist the Committee in achieving its purpose and objec- tives by: (1) helping judges and other persons contact the Committee; (VII) (2) educating the public and the legal community about the na- ture of issues that may affect the judge's quality of life or ability
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