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Winter 2009 2008-2009 KCDAA Board
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 ................................................................................................ -
Bill Graves Kansas History Govenor Profile.Pdf
*RYHUQRU:LOOLDP3UHVWRQ*UDYHVLQWKHJRYHUQRU·VRIÀFHLQWKHV Kansas History: A Journal of the Central Plains 36 (Autumn 2013): 172–97 172 Kansas History “Doing What Needed to Get Done, When It Needed to Get Done”: A Conversation with Former Governor Bill Graves edited by Bob Beatty and Virgil W. Dean LOOLDP3UHVWRQ´%LOOµ*UDYHVERUQLQ6DOLQD.DQVDVRQ-DQXDU\VHUYHGDVWKHVWDWH·VIRUW\WKLUG FKLHIH[HFXWLYHIURP-DQXDU\WR-DQXDU\*UDYHVHQMR\HGLPSUHVVLYHHOHFWRUDOVXFFHVV winning all four of his statewide elections, and he can make a strong claim as Kansas’s most popular JRYHUQRUDVKHZRQUHHOHFWLRQLQZLWKDVWDJJHULQJSHUFHQWRIWKHYRWHWKHKLJKHVWSHUFHQWDJHLQ Wstate history. 1*UDYHVVWDUWHGKLVSDWKWRWKHJRYHUQRUVKLSLQIURPDQXQXVXDOSO DFHWKHRIÀFHRIWKH.DQVDVVHFUHWDU\ RIVWDWHZRUNLQJIRUWKHQVHFUHWDU\-DFN%ULHU:KHQ%ULHUOHIWWKHMRELQWRUXQIRUJRYHUQRU*UDYHVUDQDQGZRQWKH UDFHWREHWKHVWDWH·VFKLHIHOHFWLRQRIÀFHUGHIHDWLQJ6WDWH5HSUHVHQWDWLYH-XGLWK&´-XG\µ5XQQHOVD7RSHND'HPRFUDW WRSHUFHQW+HUDQIRUUHHOHFWLRQLQDQGHDVLO\GHIHDWHG'HPRFUDWLFFKDOOHQJHU5RQDOG-'LFNHQV ,Q*UDYHV SUHYDLOHGLQDFURZGHG5HSXEOLFDQJXEHUQDWRULDOSULPDU\JDUQHULQJSHUFHQWRIWKHYRWHYHUVXVSHUFHQWIRUEXVLQHVVPDQ *HQH%LFNQHOODQGSHUFHQWIRU6WDWH6HQDWRU)UHG.HUUKLVWZRVWURQJHVWRSSRQHQWV,QWKHJHQHUDOHOHFWLRQFRQWHVWWKDW \HDU*UDYHVGHIHDWHG'HPRFUDWLF&RQJUHVVPDQ-LP6ODWWHU\WRSHUFHQWDQGEHFDPHWKHÀUVWVHFUHWDU\RIVWDWHLQ Bob Beatty is a professor of political science at Washburn University and a political analyst and consultant for KSNT and KTKA television in Topeka. +HKROGVD3K'IURP$UL]RQD6WDWH8QLYHUVLW\DQGKLVLQWHUHVWVUHVHDUFKDQGSURMHFWVLQ.DQVDVIRFXVRQKLVWRU\DQGSROLWLFV+LVFRDXWKRUHGDUWLFOH -
8 My Heart Became Deeply Motivated to Study the Growing Trend Of
8 CHAPTER 1 PASTORAL ATTRITION AND PERSONAL MOTIVATION My heart became deeply motivated to study the growing trend of pastoral attrition after my church, my family, and I experienced a unique set of trials and a period of adversity that stretched into a five-year roller coaster of difficulties. It was cathartic to embark on this study—as difficult as the subject matter is—in view of my personal experience. Now I invite you to join me. As we study the reasons for pastoral attrition, we will hear, repeatedly, the oft-cited reason for collapse or quitting: “ministry pressure.” This is certainly a source of stress and difficulty, but it is not a credible reason for leaving the ministry. God’s grace is sufficient to carry us through the most difficult of circumstances. he spiritual giants profiled in chapter 6 prove that God’s promises can be counted on regardless of the arduous task of our ministries. My personal experience is another reminder of how the Lord can sustain and even open larger doors of ministry service through what is perceived as the worst disappointments. It is this personal motivation that prompted me to include here the details of my own ministry challenge along with the honest recommendations that spring from what I learned. There is no specific seminary course that covered the tumultuous terrain I found myself in as I labored to build a church for Jesus Christ.Acadia Divinity College’s Doctor of Ministry Handbook clarifies exactly what the D. Min. degree is. In addition to being a professional, advanced, and practical degree, it is also an integrated degree. -
Supreme Court of the United States ______
No. 18-6135 IN THE Supreme Court of the United States ___________ JAMES KRAIG KAHLER, Petitioner, v. KANSAS, Respondent. ___________ On Writ of Certiorari to the Supreme Court of Kansas ___________ JOINT APPENDIX ___________ SARAH O’ROURKE SCHRUP* DEREK SCHMIDT NORTHWESTERN SUPREME Attorney General of Kansas COURT PRACTICUM TOBY CROUSE* 375 East Chicago Avenue Solicitor General of Kansas Chicago, IL 60611 JEFFREY A. CHANAY (312) 503-0063 Chief Deputy Attorney [email protected] General ern.edu KRISTAFER AILSLIEGER Deputy Solicitor General MERYL CARVER-ALLMOND NATALIE CHALMERS CLAYTON J. PERKINS DWIGHT R. CARSWELL CAPITAL APPELLATE Assistant Solicitors General DEFENDER OFFICE OF THE KANSAS 700 S.W. Jackson Street ATTORNEY GENERAL DEREK Suite 903 SCHMIDT Topeka, KS 66603 120 S.W. 10th Avenue (785) 291-3207 2nd Floor Topeka, KS 66612 (785) 368-6693 [email protected] Additional counsel on inside front cover Counsel for Petitioner Counsel for Respondent May 31, 2019 * Counsels of Record PETITON FOR CERTIORARI FILED SEPTEMBER 28, 2018 CERTIORARI GRANTED MARCH 18, 2019 JEFFREY T. GREEN TOBIAS S. LOSS-EATON NAOMI IGRA CHIKE CROSLIN GABRIEL SCHONFELD LUCAS CROSLOW SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, D.C. 20005 (202) 736-8000 Counsel for Petitioner TABLE OF CONTENTS Page Osage County District Court, No. 2009-CR- 000270, Relevant Docket Entries ................. 1 Supreme Court of Kansas, No. 106,981, Relevant Docket Entries ............................... 7 Motion Challenging the Constitutionality of Kansas Death Penalty, Kansas v. Kahler, No. 09-CR-270 (Osage Cty. Dist. Ct. June 2, 2011) (excerpts) .......................... 10 Transcript of Motion Hearing, Kansas v. Kahler, No. -
O:\03-1353 Aid to Women Final.Wpd
Case 6:03-cv-01353-JTM Document 456 Filed 04/18/2006 Page 1 of 39 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AID FOR WOMEN, et al., Plaintiffs, vs. Case No. 03-1353-JTM NOLA FOULSTON, et al., Defendants. MEMORANDUM OPINION AND ORDER This matter comes before the court on plaintiffs’ action for declaratory and injunctive relief. Plaintiffs seek to prevent enforcement of Kansas Attorney General Phill Kline’s application of the state mandatory reporting statute, through an Attorney General’s Opinion,1 to consensual underage sexual activity.2 Specifically, as filed, this case turns on whether Kan. Stat. Ann. § 38-1522, commonly referred to as the “Kansas reporting statute,” requires reporting of all consensual underage sexual activity as sexual abuse. 1Kansas Att’y Gen. Op. No. 2003-17, 2003 WL 21492493 (June 18, 2003), hereinafter “Kline Opinion.” See infra pp.8-9. 2As the phrase “consensual underage sexual activity” appears in this opinion, “consensual” means: 1) no coercion was involved; 2) no appreciable power differential existed between partners; and 3) the age difference between partners is no more than three years. “Underage” means neither of the persons involved is younger than twelve years of age and that at least one of the persons is under the age of sixteen. “Sexual activity” includes: penile-vaginal intercourse, oral sex, anal sex, and touching of another’s genitalia by either sex. Case 6:03-cv-01353-JTM Document 456 Filed 04/18/2006 Page 2 of 39 The court heard approximately seven days of testimony in a bench trial commencing January 30, 2006. -
Jim Cates DEDICATION - 2014
Everyone has a story by Jim Cates DEDICATION - 2014 - My life has been blessed by so many people that I would like to thank for being so important to me. It would be impossible to acknowledge every- one who has touched me, so I will mention a few … More than 30 years with a woman who blessed me with two wonder- ful kids and two fantastic grandkids. Also a woman who had faith that I could succeed far beyond my wildest dreams. Accomplishments would be credited to this special person. My thanks to Jane for all of the good times. Jim and Dorothy Cates gave me a good foundation. They taught me the importance of financial resposibility, a strong work ethic, and the differ- ence between right and wrong. There were many times I wouldn’t have re- ceived a passing grade, but I always had a strong foundation to return to. Jane and Oscar Benson, Jane’s parents, were two people who were as close to being Ward and June Cleaver as anyone I ever knew. I learned the true meaning of family from the Bensons. Matt, Meri Jane, Ryan Matthew, and Jesse James Cates. Two more genera- tions of Cateses, each of whom I’m so proud ... The kids have some of their mother’s and grandparents’ qualities, which means they’ll be fine. Matt has the political gene and is entering a new phase in his life, just completing his master’s degree in history. Meri Jane is the family historian, balancing time being a working wife, mother, and family genealogist. -
Attorney Discipline Tinue to Practice Law
22 | The Move to Cloud City The Benefits and Risks of Cloud Computing By J. Nick Badgerow Cover layout & design by Beth Warrington, [email protected] 5 | 2015 KBA Officers & Board of Governors 29 | 2015 Legislative Outlook Elections By Joseph N. Molina III 10 | Talking to Students and Teachers About the 30 | 2015 Lawyer and Law-Trained Legislators U.S. Constitution By Hon. G. Joseph Pierron 32 | Stealth Takings: Inverse Condemnation By Mary Feighny 20 | 2015 KBA Awards 40 | 2014 Outstanding Speakers Recognition Regular Features 6 | KBA President 17 | Law Students’ Column By Gerald L. “Jerry” Green By Brett Shanks 7 | YLS President 18 | Members in the News By Sarah E. Warner 19 | Obituaries 12 | Substance & Style By Chelsi Hayden 42 | Appellate Decisions 14 | The Diversity Corner 43 | Appellate Practice Reminders By Katherine Lee Goyette 50 | Classified Advertisements 16 | Law Practice Management Tips & Tricks By Larry N. Zimmerman E Let your VOICE be TH 2014-15 Heard! KBA Officers & Board of Governors President JOURNAL Gerald L. Green, [email protected] OF THE KANSAS BAR ASSOCIATION President-Elect Natalie Haag, [email protected] Vice President 2014-15 Stephen N. Six, [email protected] Journal Board of Editors Secretary-Treasurer Gregory P. Goheen, [email protected] Richard D. Ralls, chair, [email protected] Immediate Past President Terri Savely Bezek, BOG liaison, [email protected] Dennis D. Depew, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Boyd A. Byers, [email protected] Sarah Warner, [email protected] Emily Grant, [email protected] District 1 Connie S. -
DUI: a Matter of Public Safety for Questions Or Comments About by Senator Tim Owens
The Kansas Prosecutor The official publication of the Kansas County and District Attorneys Association Volume VIII, No. 2, Summer 2011 2010-2011 KCDAA Board John Wheeler, Jr. Melissa Johnson Mark Frame President Vice President Secretary/Treasurer Finney County Attorney Seward County Assistant County Edwards County Attorney Attorney Michael Russell Barry Wilkerson Marc Goodman Director I Director II Director III Wyandotte County Chief Deputy Riley County Attorney Lyon County Attorney District Attorney Chairs & Representatives Justin Edwards CLE Committee Chair Assistant Sedgwick County District Attorney Marc Goodman Legislative Committee Chair Lyon County Attorney Marc Bennett Ann Swegle Nola Tedesco Foulston Director IV Past President NDAA Representative Sedgwick County Deputy District Sedgwick County Deputy District Sedgwick County District Attorney Attorney 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 VIII, No. 2, Summer 2011 Table of Contents President’s Column: KCDAA’s Legislative Role by John Wheeler ............... 4 2012 KCDAA Legislative Request for Proposals ........................................... 6 Executive Director’s Column: KCDAA Processes by Steve Kearney ............ 7 Guest Column: Legislation -
262 Kansas History “Find a Way to Find Common Ground”: a Conversation with Former Governor Kathleen Sebelius Edited by Bob Beatty and Linsey Moddelmog
Kathleen Sebelius, governor of Kansas, 2003-2009. Kansas History: A Journal of the Central Plains 40 (Winter 2017–2018): 262-289 262 Kansas History “Find a Way to Find Common Ground”: A Conversation with Former Governor Kathleen Sebelius edited by Bob Beatty and Linsey Moddelmog athleen Mary (Gilligan) Sebelius, born May 15, 1948, in Cincinnati, Ohio, served as the State of Kansas’s forty-fourth chief executive from January 13, 2003, to April 28, 2009, when she resigned to serve in President Barack Obama’s cabinet as secretary for the Department of Health and Human Services (HHS). Sebelius rose to the governorship after serving in the Kansas House of Representatives from 1987 to 1995 and serving two terms as Kansas insurance commissioner from 1995 to 2003. She was the first insurance commissioner from the Democratic Party in Kansas history, defeating Republican Kincumbent Ron Todd in 1994, 58.6 percent to 41.4 percent. She ran for reelection in 1998 and easily defeated Republican challenger Bryan Riley, 59.9 to 40.1 percent. In the 2002 gubernatorial race, Sebelius defeated Republican state treasurer Tim Shallenburger, 52.9 to 45.1 percent. She won reelection in 2006 by a vote of 57.9 to 40.4 percent against her Republican challenger, state senator Jim Barnett.1 Sebelius never lost an election to public office in Kansas.2 Sebelius’s 2002 gubernatorial victory marked the first and only father-daughter pair to serve as governors in the United States. Her father, John Gilligan, was Democratic governor of Ohio from 1971 to 1975. Sebelius’s gubernatorial leadership style was one of bipartisanship, as her Democratic Party was always in the minority in the state legislature. -
1-3 Front CFP 7-30-10.Indd
Area/State Colby Free Press Friday, July 30, 2010 Page 3 Weather Statewide races heat up as Election Day draws close Corner From “RACES,” Page 1 He was Kansas secretary of agri- have a track record worth defend- trict attorney. Schmidt has served in the Senate culture before going to Congress. ing in November. Six, who lives in Lawrence, is since being elected in 2000. coming out of Washington right He and his running mate, State State Treasurer Dennis McKin- a former Douglas County district Schmidt is considered by Re- now.” Sen. Jeff Colyer of Overland Park, ney of Greensburg, formerly the court judge. His father, Fred Six, publicans to be the front-runner. Praeger isn’t a former insurance are expected by most Republicans Kansas House minority leader, is was a justice on the Kansas Su- He has worked for two U.S. sena- agent, but she said she has the ex- to win their primary over Joan Hef- looking to win his fi rst full term. preme Court. Six is campaigning tors and the administration of GOP perience working at the state and fi ngton of Derby. She’s a former The Democrat was appointed to on the notion that he has returned Attorney General Carla Stovall in national level to help guide Kan- home builder and the founder of a fi ll the vacancy left when Repub- the attorney general’s offi ce to its the 1990s. He has been endorsed sas through the new reforms. nonprofi t group attacking what she lican Lynn Jenkins was elected to focus on enforcing Kansas law by the Kansas Rifl e Association, “It’s why I’m running again,” sees as corruption among lawyers. -
2002 Consumer Protection Annual Report
2002 ANNUAL REPORT Consumer Protection & Antitrust Division Office of Attorney General Phill Kline (Submitted pursuant to K.S.A. 50-628 and K.S.A. 50-109) STATE OF KANSAS OFFICE OF THE ATTORNEY GENERAL 120SW 10TH AVE., 2ND FLOOR CONSUMER PROTECTION AND ANTITRUST DIVISION TOPEKA, KS 66612-1597 , ;:)HILL KLINE (785) 296-3751 • FAX (785) 291-3699 ATTORNEY GENERAL CONSUMER HOTLINE (800) 432-2310 WWW.KSAG.ORG December 16, 2003 TO: The Honorable Kathleen Sebelius, Governor and Members of the Kansas Legislature I am pleased to submit the following report detailing the year 2002 activities of Attorney General Carla Stovall's Consumer Protection/Antitrust Division. General Stovall is to be commended, as is her staff, for accomplishing the goals which she set for the Division. In year 2003, under my watch, the goals and managerial priorities of the Division have changed. The Division has rededicated itself to the all-important task of confronting deceptive, unconscionable and/or anti-competitive business practices which affect the Kansas marketplace. The Division has instituted many new standard operating procedures. These written procedures serve to prioritize the Division's workload. They also serve to guard the mission of the Consumer Protection / Antitrust Division, limiting its intervention in the Kansas marketplace to situations in which credible allegations of jurisdiction-granting acts are present. It is significant that this Division has now dedicated itself to acting, first and foremost, to remedy violations of the law that affect the most vulnerable citizens of Kansas. This managerial system was realized through the launching of the Vulnerable Adults Task Force ("VATF"). -
A Brief History of the Kansas Republican Party
A BRIEF HISTORY OF THE KANSAS REPUBLICAN PARTY Page 1 of 41 The Dominant Political Party of Kansas The Kansas Republican Party has dominated Since the 1968 election, Kansas has Kansas politics since Kansas gained consistently voted for the Republican statehood in 1861. Kansas has had 45 Presidential candidate and since 1860 has governors: 32 Republicans, 11 Democrats voted for the Republican presidential and 2 Populists. Kansas has had 33 US candidate 20 times, the Democrat six times Senators: 28 Republicans, 3 Democrats, and and the Populist once. 2 Populists. The last time a Democrat was elected to the U.S. Senate from Kansas was Kansas is one of the only states with all its in 1932. Since 1960, the Republicans have current federal and statewide elected officials won 106 of 135 Congressional elections; from the Republican Party. have won all 20 U.S. Senate elections; and Of the 1.74 million registered voters in have won 69 of 90 state-wide elections. Kansas, about 45% affiliate with the The Democrats have won control of the Republican Party, about 25% registered with Kansas Senate only in the 1912 election and the Democratic Party, and about 30% are control of the Kansas House only three times, unaffiliated with any political party. in the 1912, 1976, and 1990 elections. Page 2 of 41 PART I: Early Party History 1854 to 1974 TERRITORIAL KANSAS (1854–1860) 35 Republicans and 17 Democrats. It produced the Wyandotte Constitution, Kansas and the Republican Party owe their making Kansas a free state and was ratified mutual existence to the passage of the by the people of Kansas on October 4, 1859.