DOCSLIB.ORG

Office of Judicial Administration ~

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Office of Judicial Administration ~ If you have issues viewing or accessing this file contact us at NCJRS.gov. - --------- --------- II ALb,' of JUSTiOe: National Criminal Justice Reference Service nCJrs BLIJEPRINT FOR THE 1980s: ~, This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise An .Exe(:utive Summary control over the physical condition of the documents submitted, of the Kansas Judicial Branch the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. 1980-1 981 Fiscal Year Office of Judicial Administration ~ .,. l' .~ 2 11111 ,8 \\\\\2.5 1.0 IJ& wI~ ~I"~ ~ I~ EXISTING PANEL 3PS Il.I III a:... .. m~ ;'::::::::;;:;;"":-"~'- NIlB 3 SPA BE" 200 AMp --1.1 ....... "TZo Sl61;1 c"So;Vn 6REAKERs \11111. 25, 111111.4 lllll1.6 I It f MICROCOPY RESOLUTION TEST CHART f NATIONAL BUREMJ OF STANDARDS-\963-A i ,! , _ .. !( , 1"'" "- U.S. Department of Justice 82732 National Institute of JUstice This document has been re rod ry person or organization origin~ting~fe~o~~acl~y .as received from the n this document are Ihose of th' In s 0 view or opinions stated nd repr~sent' the off/cia I positidn or peoli~~hor~ tah do not necessarily Microfilming procedures used to create this fiche comply with Justlce., s 0 e National Institute of the standards set forth in 41CFR 101-11.504. Permission to reprodu thO granted ~. ce IS copyrighted material has been Of lce of JUdicial Administration Points of view or opinions stated in this document are ..) = those of the author(s) .and do l10t represent the officiah ~a.sa) to the National Criminal Justice Reference Service (,IJCJRS). position or policies of the U. S. Depaliment of Justice. FUrther reproduction outside of th . slon of the copyright owner. e NCJRS system requires perm is- ,"--' I. National Institute of Justice '1 3/ 8/83 \. United States Department of Justicle Washington, D.C. 20531. ' '~'--::Ir-JH-,--....R..,----;::;;D-----rF===---tL-,O~Q~R:::::.---'--;;:;:P--r-L-A-.----,bl"""T""J I ~6" - I' _II \ " . Table of Contents Overview 2 , Description of the Judicial Branch ---~NGJRS 5 ~I Ji~preme QIourt of tlitansas Manag!!!g the Cases 9 ~unsus 31ubh:iul QIenter The Year in Review HOWARD SCHWARTZ 301 ~. 10t4 (913) 296~4873 Appendix 25 Judicial Administrator mllpelur~ ~tti1sus 66612 Graphics Supreme Coyrt Administrative Chart ____ ACQ·U;._';S_.. '-=lTI...,::.· 1...::::O~=--_-:......_. __-.-!.4 Jami'ary 10, 1981 PendingSivil and Criminal Cases 10 Age of Pending Criminal Cases 11 Age of Pending Civil Cases 13 .~~~~~~~~~~---------~--~~--- Traffic Cases 14 ..:...:..:::.:..:..:..:::...::::=:.::-,----~-.----,--- Formal Juvenile Proceedingi___ -'-- ______ ~ ______ '--.-16 To the Honorable ~lfred G. Schroeder, Domestic Relations 17 Chief Justice of the Supreme Court, 6Qpellate Cf./urt Dispositions ~ ____~ __ .. _____ 18 and the Justices of the Supreme Court: ~:.....'--.'-' -"-- Pending Civil Cases ______. __ .___ ._______ _ 19 In compliance with the provisions of Rule No. 1.03(c) of the Supreme Court, this annual report of the judicial Foreword the point that besides monthly and who are concerned about justice in business of the courts of Kansas for the fiscal year end­ ---- quarterly reports judges now receive Kansas, from the dedicated legisla­ ing June 30, 1981, is submitted. Fiscal 1981 saw sweeping and several reports that focus on specific tors Who have helped shape the sys­ even dramatic changes as the Kan­ issues involved in the efficient: ad­ tem to. lawyers and private citizens This executive summary may be read together with" the sas Judicial Branch ushered in the ministration of justice. who are deeply involved in it. annual statistical report. The statistical report contains 80's. The changes centered around Change also occurred in the of­ A complete set of the raw data on the raw data of the courts' caselo~Cl. upon which this summary the court system's goal of delivering fices of the clerks of· the district whiCh this summary is based is on is b&sed. Additional copies of the statistic~l report are quality and speedy justice to Kan­ courts where a patchwork quilt ac~ file in the Office of Judicial Admin­ on file in the Office of Judicial'Administration. sans at the lowest PQssible cost. AI- counting system used in the various istration, Kansas Judicial Center, . though this goal remains constant, judicial districts has been replaced 301 W. 10th, Topeka, Kansas The statistical report and this exem.itive summary of bold new innovations have been by a uniform procedure in which 66612; Telephone: 913 296-2256. 'the statistical report would not be possible without the undertaken this year. one entry accomplishes several The changes of 1981 resulted pri- dedication and hard work of the judges, clerks, and other Many of these changes center tasks. marily from the unification of the employees of the Kansas Judicial Branch. around the implementation of Su­ As the clerks SWitched to the Judicial Branch in 1977. But we are preme Court Time Standards. for re.­ st,mdard one-write accounting sys­ constantly striving toachievethe vi­ Respectfully, dueing delay. As the statistical anal­ tem, they also. began using new ap­ sion ·of our citizens who mandated ysis in'eluded in this report shows, pearance dockets that have enabled. in the Kansas Constitution that "the the time standards are being met in the courts to quit using large and, judicial power of this state shall. be fJovJov..L S'<\w~--r- nearly every instance, and judges e><pensive docket books. vested exclusively in one court of 1I Howard Schwartz appear to be greatly increasing their Symbolic of the changes of fiscal justice. Judicial Administrator effqrts to exceed them. '. 1981 is the publication of this e~ec­ From the Time Standards to Ohe­ .z' To assist the judges in keeping utive summarYI an effort to tell our Write Accounting, the blueprints for track of more than 450,000 caseS story of "981 ina clear and interest­ an even more efficient and respon, filed annually, the Office of Judicial ing manner. sive court of justice are in place. Administration has enlarged its This summary has been designed . And now, the construction begins. management information services to to reach all segJrients of the citizenry On The Cover Blueprints used for the installation of broadcast cables under the floor of the Supreme Court courtroom are symbolic of the high court's change in posture on the issue of cameras in the courtroom at the appellate level, as well as many other plans for change in the Judicial Branch. The courtroom changes were ;all made at no expense to ta><payers. Illustrations are by Claudia Badakhsh. ~" o ~--------------------------------_\'-" Overview appointed in the first instance by the Examiners, the Board of Examiners are presently 71 district judges, 67 wheel. When a jury panel is needed, program begun by the clerks and governor from a list :~f three quali­ of Court Reporters, and the Com­ associate district judges and 73 dis­ the wheel or computer is used to administrators of the district courts. The judicial article of the Consti­ fied persons submitted by the Su­ mission on Judicial Qualifications, trict magistrate judges. There is at select a number of names at ran­ Among innovations in several ju­ tution of Kansas, which was last re­ preme Court Nominating Commis­ which serve as separate entities as­ least one judge residing in each dom. Juror summonses are then sent dicial districts to improve the lot of I vised by the voters of Kansas in sion. After a justice has served a year sisting the Supreme Court. county. to those persons whose names are jurors were multiple voir dire, shar­ 1972, provides that the judicial in office, the appointment is subject Court officers, Who are appointed The district court is where most drawn, and they may be called to ing of panels among judges, tele­ power of the state shall be vested to ratification by the voters at the by the Supreme Court to assist in trials are conducted. The district serve on a, trial jury. The pay for jury phone call-in,' reduced paperwork exclusively in one court of justice, next general election. If a majority of transacting the business of the court also hears appeals from mu­ duty is small, but the responsibility is and the use of the state census and which shall be divided into one su­ the electors vote to retain the justice courts, include the Clerk of the Su­ nicipal courts and administrative great. drivers license lists to increase cov­ preme court, district courts and such in office, he or she continues in of­ preme Court, the Supreme Court agencies, such as the Kansas Corpo­ About 95 percent of all jury trials1 erage without additional clerical other courts as are provided by law. fice for a full term of six years. At the Law Librarian, the Supreme Court ration Commission and Kansas in the world take place in the United work. All courts of this state are there­ er,r;1 of each term thereafter, the re­ Rep0rter, the Disciplinary Adminis­ Commission on Civil Rights. States. The responsibility of deciding The intent of these programs was fore part of the "one court of jus­ tention of the justice in office is trator, and the Judicial Administrator Decisions of a district magistrate the fate of the accused in a criminal to encourage every c,ourt to accom­ tice" commonly referred to as the subject to the vote of the electors. If of the Courts. judge are subject to review within trial or resolving a dispute between plish change without significant Judicial Branch. The Kansas Su­ a majority of those voting on the The intermediate level of the Ju­ the district court" by a district judge parties in a civil trial is a difficult cost.
Load more

Recommended publications
  • Brief of Estate and Heirs in SC97476
    Electronically Filed - SUPREME COURT OF MISSOURI January 28, 2019 12:53 PM No. SC97476 ================================================================ In The Supreme Court of Missouri ---------------------------------♦--------------------------------- State of Missouri ex. rel. State of Kansas, Department for Children and Families, And Gina Meier-Hummel, Relators, v. The Honorable Charles H. McKenzie, Judge of the Circuit Court of Jackson County, Missouri, Respondent. ---------------------------------♦--------------------------------- On Petition For Writ of Prohibition or, Alternatively, Writ of Mandamus ---------------------------------♦--------------------------------- RESPONDENT’S BRIEF IN OPPOSITION ---------------------------------♦--------------------------------- Michaela Shelton Mo. No. 41952 Shelton Law Office, P.A. 10100 W. 87th Street Suite 303 Overland Park, Kansas 66212 (913) 341-3001; (913) 341-4289 (facsimile) [email protected] Attorney for Respondent ================================================================ Electronically Filed - SUPREME COURT OF MISSOURI January 28, 2019 12:53 PM TABLE OF CONTENTS Table of Authorities……………………………………………………………………2-5 Jurisdictional Statement……………………………………………………………..……7 Statement of Facts…………………………………………………………………….8-18 Argument…………………………………………………………………...….…….19-72 Standard of Review…………………………………………………………...19-21 RESPONSE TO POINT I: Relators failed to establish a clear right to an order dismissing Plaintiffs’ claims (against Relators) as a matter of comity because Kansas
    [Show full text]
  • The Kansas Judiciary
    2018 Kansas Directory The Kansas Judiciary Kansas Judicial Center 301 S.W. 10th Ave., Topeka 66612-1507 785-296-3229 www.kscourts.org Kansas Supreme Court Chief Justice: Lawton R. Nuss Justices: Carol A. Beier, Dan Biles, Lee A. Johnson, Marla J. Luckert, Eric S. Rosen, Caleb Stegall The Kansas Supreme Court is the highest court in Kansas. It consists of seven justices, each of whom is selected by the governor from a list of three qualified individuals submitted by the Supreme Court Nominating Commission. After the first year in office, a justice is subject to a retention vote in the next general election. If a majority of electors votes to retain the justice, he or she remains in office for a term of six years. Justices are subject to a similar retention vote at the conclusion of each term. The justice who is senior in terms of continuous service is designated by the Kansas Constitution as the chief justice, unless he or she declines or resigns the position. The chief justice has general ad- ministrative supervision over the affairs of the court and of the unified judicial department of the state. Kansas Court of Appeals Chief Judge: Karen Arnold-Burger Judges: G. Gordon Atcheson, David E. Bruns, Michael B. Buser, Kathryn A. Gardner, Henry W. Green Jr., Stephen D. Hill, Steve A. Leben, Patrick D. McAnany, Thomas E. Malone, G. Joseph Pierron Jr., Anthony J. Powell, Kim R. Schroeder, Melissa Taylor Standridge The Kansas Court of Appeals consists of 14 judges. Candidates for appointment to the court of appeals apply to and are selected by the governor, subject to confirmation by a majority vote of the Senate.
    [Show full text]
  • Appellate Practice Handbook
    KANSAS APPELLATE PRACTICE HANDBOOK 6TH EDITION KANSAS JUDICIAL COUNCIL Subscription Information The Kansas Appellate Practice Handbook is updated on a periodic basis with supplements to reflect important changes in both statutory law and case law. Your purchase of this publication automatically records your subscription for the update service. If you do not wish to receive the supplements, you must inform the Judicial Council. You may contact the Judicial Council by e-mail at [email protected], by telephone at (785) 296-2498 or by mail at: Kansas Judicial Council 301 SW 10th, Ste. 140 Topeka, KS 66612 © 2019 KANSAS JUDICIAL COUNCIL ALL RIGHTS RESERVED ii PREFACE TO THE SIXTH EDITION This is the first edition of the Handbook since the advent of electronic filing of appellate cases. All prior editions, while containing some useful suggestions, are obsolete. With clear marching orders from our Supreme Court, all appellate attorneys must enroll and monitor their cases. Paper filing is now relegated to litigants that are unrepresented. Prompted by these massive changes we have consolidated some chapters and subjects and created new sections for electronic filing. But there is more to an appeal than just getting in the door. Scheduling, briefing, and pre- and post-opinion motion practice are dealt with. We sincerely hope that this work will be helpful to all who practice in this important area of the law. It is an attempt to open up the mysteries of electronic filing of appellate cases in Kansas. I must shout from the rooftops my praise for Christy Molzen with the Kansas Judicial Council, who has done all of the heavy lifting in putting this handbook together.
    [Show full text]
  • The Wichita Massacre | SOURCES
    The Wichita Massacre | SOURCES “Heather Muller” - www.heatherscamp.org - By Tania Muller (sister) and Jill (Heitkotter) Crotty (sister in Delta Gamma) - March 2001 “Was This Kansas Killing Spree A Brotherly Affair?” - CNN.com - By Matt Bean - October 4, 2002 “D eputy Recalls Moment of Discovering Bodies “ - T he Wichita Eagle - By | Ron Sylvester – October 07, 2002 “C arr Trial: Survivor Describes Sexual Attacks by Armed Intruders” - The Topeka Capital-Journal - By - Roxana Hegeman – October 8, 2002 “W ichita Case of Black Racist Crime Survivor's Testimony Horrifies Courtroom ” - T he Wichita Eagle - By Ron Sylvester – October 09, 2002 “W oman Testifies That Carrs Killed Her Friends in a Soccer Field” - The Wichita Eagle - By| Ron Sylvester – October 10, 2002 “R eginald Carr Had $996, Victims' Credit Card, Watch” - The Wichita Eagle - By Hurst Laviana – October 11, 2002 “V ictims' Belongings Linked to Defendant” - T he Wichita Eagle - By Ron Sylvester – October 12, 2002 “Brutal Killings Grip Wichita Kansas” - The Edwardsville Intelligencer - By Roxana Hegeman - October 12, 2002 “Carjacking Victim Testifies in Murder Trial” - Lawrence Journal-World - No author listed - October 12, 2002 “T rial Opens Window Into Night of Fear” - The Wichita Eagle – By Ron Sylvester – October 13, 2002 “Witness: Suspected Killer Had Ring Stolen From Homicide Victims” - Arizona Daily Sun - no author listed - Oct 14, 2002 “I Was Afraid,' Witness Says” - The Wichita Eagle – By Ron Sylvester – October 15, 2002 “A TM Photos Shown in Carr trial” - The Topeka Capital-Journal/AP
    [Show full text]
  • IN the SUPREME COURT of the STATE of KANSAS No. 119,315
    IN THE SUPREME COURT OF THE STATE OF KANSAS No. 119,315 STATE OF KANSAS, Appellee, v. BRENT J. CARTER, Appellant. SYLLABUS BY THE COURT 1. A jury instruction must be both legally and factually appropriate. An instruction on the defendant's theory of defense is factually appropriate if there is sufficient evidence, when viewed in the light most favorable to the defendant, for a rational fact-finder to find for the defendant on that theory. 2. Under K.S.A. 22-3203, multiple complaints against a defendant can be tried together if the State could have brought the charges in a single complaint under K.S.A. 22-3202(1). 3. K.S.A. 22-3202(1) permits joining multiple charges in a single complaint if the charges: (1) are of the same or similar character; (2) are part of the same act or transaction; or (3) result from two or more acts or transactions connected together or constituting parts of a common scheme or plan. 1 4. For the purposes of K.S.A. 22-3202(1), charges are connected together when: (1) a defendant provides evidence of one crime while committing another; (2) some of the charges are precipitated by the other charges; or (3) all of the charges stem from a common event or goal. Appeal from Sedgwick District Court; JEFFREY SYRIOS, judge. Opinion filed July 10, 2020. Affirmed. Ryan J. Eddinger, of Kansas Appellate Defender Office, was on the brief for appellant. Lesley A. Isherwood, assistant district attorney, Marc Bennett, district attorney, and Derek Schmidt, attorney general, were on the brief for appellee.
    [Show full text]
  • Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 a Manual for Federal Prosecutors
    Violent Crimes in Aid of Racketeering 18 U.S.C. § 1959 A Manual for Federal Prosecutors December 2006 Prepared by the Staff of the Organized Crime and Racketeering Section U.S. Department of Justice, Washington, DC 20005 (202) 514-3594 Frank J. Marine, Consultant Douglas E. Crow, Principal Deputy Chief Amy Chang Lee, Assistant Chief Robert C. Dalton Merv Hamburg Gregory C.J. Lisa Melissa Marquez-Oliver David J. Stander Catherine M. Weinstock Cover Design by Linda M. Baer PREFACE This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Violent Crimes in Aid of Racketeering Statute, 18 U.S.C. § 1959. Prosecutors are encouraged to contact the Organized Crime and Racketeering Section (OCRS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of 18 U.S.C. § 1959 including any indictment, information, or criminal complaint, and a prosecution memorandum must be submitted to OCRS for review and approval before being filed with the court. The submission should be approved by the prosecutor’s office before being submitted to OCRS. Due to the volume of submissions received by OCRS, prosecutors should submit the proposal three weeks prior to the date final approval is needed. Prosecutors should contact OCRS regarding the status of the proposed submission before finally scheduling arrests or other time-sensitive actions relating to the submission. Moreover, prosecutors should refrain from finalizing any guilty plea agreement containing a Section 1959 charge until final approval has been obtained from OCRS. The policies and procedures set forth in this manual and elsewhere relating to 18 U.S.C.
    [Show full text]
  • Court of Appeals
    OFFICIALLY SELECTED CASES ARGUED AND DETERMINED IN THE COURT OF APPEALS OF THE STATE OF KANSAS Reporter: SARA R. STRATTON Advance Sheets 2d Series Volume 59, No. 1 Opinions filed in October-November 2020 Cite as 59 Kan. App. 2d Copyright 2020 by Sara R. Stratton, Official Reporter For the use and benefit of the State of Kansas JUDGES AND OFFICERS OF THE KANSAS COURT OF APPEALS CHIEF JUDGE: HON. KAREN ARNOLD-BURGER ………………… Overland Park JUDGES: HON. HENRY W. GREEN, JR. ................................... Leavenworth HON. THOMAS E. MALONE ............................................. Wichita HON. STEPHEN D. HILL....................................................... Paola HON. MICHAEL B. BUSER ..................................... Overland Park HON. MELISSA TAYLOR STANDRIDGE................... Overland Park HON. G. GORDON ATCHESON ..................................... Westwood HON. DAVID E. BRUNS .................................................... Topeka HON. ANTHONY J. POWELL ............................................ Wichita HON. KIM R. SCHROEDER .............................................. Hugoton HON. KATHRYN A. GARDNER ......................................... Topeka HON. SARAH E. WARNER ................................................ Lenexa OFFICERS: Reporter of Decisions ................................... SARA R. STRATTON Clerk ............................................................ DOUGLAS T. SHIMA Judicial Administrator ..........................................NANCY DIXON Disciplinary Administrator ......................
    [Show full text]
  • KANSAS V. MARSH
    (Slip Opinion) OCTOBER TERM, 2005 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus KANSAS v. MARSH CERTIORARI TO THE SUPREME COURT OF KANSAS No. 04–1170. Argued December 7, 2005—Reargued April 25, 2006— Decided June 26, 2006 Finding three aggravating circumstances that were not outweighed by mitigating circumstances, a Kansas jury convicted respondent Marsh of, inter alia, capital murder and sentenced him to death. Marsh claimed on direct appeal that Kan. Stat. Ann. §21–4624(e) establishes an unconstitutional presumption in favor of death by directing impo- sition of the death penalty when aggravating and mitigating circum- stances are in equipoise. Agreeing, the Kansas Supreme Court con- cluded that §21–4624(e)’s weighing equation violated the Eighth and Fourteenth Amendments and remanded for a new trial. Held: 1. This Court has jurisdiction to review the Kansas Supreme Court’s judgment under 28 U. S. C. §1257. That provision authorizes review of a State’s final judgment when a state statute’s validity is questioned on federal constitutional grounds, and it permits review even when the state-court proceedings are not complete where the federal claim has been finally decided and later review of the federal issue cannot be had, whatever the case’s outcome, Cox Broadcasting Corp.
    [Show full text]
  • Administrative Order 2021-PR-009
    IN THE SUPREME COURT OF THE STATE OF KANSAS Administrative Order 2021-PR-009 Order Continuing Administrative Orders Suspending Statutes of Limitation, Statutory Time Standards, Deadlines, and Time Limitations Under the Legislature's Ratification and Continuation of the State of Disaster Emergency related to COVID-19 through March 31, 2021. As the Chief Justice of the Kansas Supreme Court, I have issued multiple Administrative Orders under: • 2020 House Substitute for Senate Bill 102, which became effective upon its publication in the Kansas Register on March 19, 2020 (39 Kan. Reg. 304), and • the Legislature's amendments to 2020 House Substitute for Senate Bill 102, § 1, through 2020 Spec. Sess. House Bill 2016, § 24, which became effective upon its publication in the Kansas Register on June 9, 2020 (39 Kan. Reg. 755). This legislation allows me to "issue an order to extend or suspend any deadlines or time limitations established by statute." My administrative orders have coincided with the following: • 2020 Spec. Sess. House Bill 2016 ratified the state of disaster emergency declarations issued by the Governor and continued in existence the disaster emergency declaration issued for all 105 counties of Kansas, from March 12, 2020, through September 15, 2020. 2020 Spec. Sess. House Bill 2016, § 5, L. 2020 Spec. Session, Ch. 1, § 5. • On September 11, 2020, the State Finance Council voted to extend the state of disaster emergency through October 15, 2020. • On October 7, 2020, the State Finance Council voted to extend the state of disaster emergency from and including October 16, 2020, through November 15, 2020. 1 • On November 13, 2020, the State Finance Council voted to extend the state of disaster emergency from and including November 16, 2020, through December 15, 2020.
    [Show full text]
  • The Kansas Judiciary
    Office of the Secretary of State The Kansas Judiciary Kansas Judicial Center 301 S.W. 10th Ave., Topeka 66612-1507 785-296-3229 www.kscourts.org Kansas Supreme Court Chief Justice: Marla J. Luckert Justices: Carol A. Beier, Dan Biles, Eric S. Rosen, Caleb Stegall, Keynen "KJ" Wall, Evelyn Z. Wilson The Kansas Supreme Court is the highest court in Kansas. It consists of seven justices, each of whom is selected by the governor from a list of three qualified individuals submitted by the Supreme Court Nominating Commission. After the first year in office, a justice is subject to a retention vote in the next general election. If a majority of electors votes to retain the justice, he or she remains in office for a term of six years. Justices are subject to a similar retention vote at the conclusion of each term. The justice who is senior in terms of continuous service is designated by the Kansas Constitution as the chief justice, unless he or she declines or resigns the position. The chief justice has general ad- ministrative supervision over the affairs of the court and of the unified judicial department of the state. Kansas Court of Appeals Chief Judge: Karen Arnold-Burger Judges: G. Gordon Atcheson, David E. Bruns, Michael B. Buser, Kathryn A. Gardner, Henry W. Green Jr., Stephen D. Hill, Steve A. Leben, Thomas E. Malone, G. Joseph Pierron Jr., Anthony J. Powell, Kim R. Schroeder, Melissa Taylor Standridge, Sarah Warner The Kansas Court of Appeals consists of 14 judges. Candidates for appointment to the court of appeals apply to and are selected by the governor, subject to confirmation by a majority vote of the Senate.
    [Show full text]
  • In the Supreme Court of the State of Kansas
    IN THE SUPREME COURT OF THE STATE OF KANSAS No. 117,439 ALYSIA R. TILLMAN and STORM FLEETWOOD, Appellants, v. KATHERINE A. GOODPASTURE, D.O., Appellee. OFFICE OF ATTORNEY GENERAL DEREK SCHMIDT, Intervenor. SYLLABUS BY THE COURT 1. Determining whether a statute violates the Kansas Constitution is a question of law subject to unlimited review. 2. Section 5 of the Kansas Constitution Bill of Rights declares, "The right of trial by jury shall be inviolate." It applies to give the right to trial by jury on issues of fact so tried at common law as it existed at the time the Kansas Constitution was adopted, but no further. 3. K.S.A. 2020 Supp. 60-1906(a) does not violate section 5 of the Kansas Constitution Bill of Rights. 1 4. Section 18 of the Kansas Constitution Bill of Rights guarantees for all persons, for injuries suffered in person, reputation, or property a "remedy by due course of law, and justice administered without delay." It does not create rights of action. It preserves the right to remedy by due process of law for civil causes of action recognized as justiciable by the common law as it existed at the time the Kansas Constitution was adopted. 5. K.S.A. 2020 Supp. 60-1906(a) does not violate section 18 of the Kansas Constitution Bill of Rights. Review of the judgment of the Court of Appeals in 56 Kan. App. 2d 65, 424 P.3d 540 (2018). Appeal from Riley District Court; JOHN F. BOSCH, judge. Opinion filed April 30, 2021.
    [Show full text]
  • 09 Oct. Indep. Judiciary, KS Courts
    PUBLISHED BY THE KANSAS BAR ASSOCIATION OCTOBER 2009 Editor:LAW Sarah Shipman, staff attorney, Silver LakeWISE Bank, Topeka Coordinators: Kathryn Gardner, a career law clerk to the Hon. Sam A. Crow, and Meg Wickham, Kansas Bar Association Greetings from the Kansas Supreme Court and the Kansas Bar Association (KBA). Welcome to this edition of Law Wise and the second edition of the 2009-2010 school year. The theme of October’s edition is “A Civics Lesson” for educators. IN THIS ISSUE Welcome ................................................ 1 Welcome Calendar of Events ................................. 1 By Sarah Shipman, Law Wise editor Going Green .......................................... 1 ormer Justice Sandra Day O’Connor has launched a web-based civics Feducation initiative. When discussing the motives behind the creation Constitutional Rights Foundation .......... 2 of the program, Justice O’Connor has observed that most people can name the judges on American Idol but less than 15 percent of the general public Supreme Court Summer Institute .......... 4 can name a chief justice of the Supreme Court. A stated goal of the Law- Related Education Committee of the Kansas Bar Association is to provide Courts in Kansas .................................... 5 civics and law related information and resources for educators. This issue of Law Wise includes links to Justice O’Connor’s Web site, among others, an Law Wise Survey .................................... 6 article and lesson on the independence of the judiciary, information about the structure of the Kansas Court System, and information about an op- Capitol Roundtable Activity ................... 7 portunity for educators to study at the Supreme Court Summer Institute. New Kansas Courts Video Available ....... 7 Technology for Teachers ........................
    [Show full text]