Washburn Lawyer, V. 41, No. 1
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
CARES Fund Disbursement Detailed
THE HOLTON INSIDE SALUTE GOFF, KAN. Enter this Hometown of week’s Football Max Niehues Pick’em Holton Recorder subscriber Contest! for 14 years. RECORDERServing the Jackson County Community for 153 years See pages 6A-7A. Volume 153, Issues 81 & 82 HOLTON, KANSAS • Mon./Wed. Oct. 12 & 14, 2020 26 Pages $1.00 CARES fund New flagpole up at Linscott Park By Brian Sanders Many young people in the disbursement Holton school district took ad- vantage of a day off on Mon- day for staff develop ment — some could be found taking detailed advantage of the play area at Linscott Park that afternoon. By Ali Holcomb the polling location was moved In another part of the park, Funds from Jackson Coun- to the Royal Valley Elementary a Holton High School student ty’s $2.9 million share of the School gym. spent Columbus Day involved Coronavirus Aid Relief and Eco- Members of the Hoyt City in hoisting a new, 30-foot flag- nomic Security (CARES) Act Council sought CARES Act pole between the two military have been allocated to a variety funds from the county to help monuments located at the of businesses, school districts, remedy the issue. park, with some help from the organizations and projects, but A total of $40,000 in CARES city’s electrical distribution not everyone is happy with their Act funds were allocated and depart ment and others. share. divided up between each of the The flagpole is one part of a During the Hoyt City Council county’s nine towns, and dis- three-part Eagle Scout project meeting last week, which was bursements included: undertaken -
Seeing the Future of Child Support with Open Eyes by Bethany Roberts and Casey E
Your Partner in the Profession | July/August 2020 • Vol. 89 • No. 6 Cigarettes and Tobacco Sale and Use Case: City Home Rule Prevails by Mike Heim P. 26 Kansas Child Support 2020: Seeing the Future of Child Support with Open Eyes by Bethany Roberts and Casey E. Forsyth P. 36 Mira Mdivani Charles E. Branson KBA Immediate Past President KBA President 2020-2021 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit card NEW CASE and eCheck payments online. Card Number **** **** **** 4242 Powerful Technology Developed specifically for the legal industry to ensure comprehensive security and trust account compliance Powering Law Firms Plugs into law firms’ existing workflows to drive cash flow, reduce collections, and make it easy for clients to pay Powering Integrations The payment technology behind the legal industry’s most popular practice management tools Powered by an Unrivaled Track Record 15 years of experience and the only payment technology vetted and approved by 110+ state, local, and specialty bars as well as the ABA ACCEPT MORE PAYMENTS WITH LAWPAY 888-281-8915 | lawpay.com/ksbar POWERING PAYMENTS 26 | Cigarette and Tobacco Sale and Use Case: FOR THE City Home Rule Prevails by Mike Heim Trust Payment IOLTA Deposit 36 | Kansas Child Support 2020: Seeing the Future Amount LEGAL of Child Support with Open Eyes by Bethany Roberts and Casey E. Forsyth $ 1,500.00 INDUSTRY Reference Cover Design by Ryan Purcell The easiest way to accept credit card NEW CASE and eCheck payments online. Special Features Card Number 11 | Kansas Bar Foundation Fellows Recognition (as of June 2020) .................................. -
Appeal No. 11-106870-S in the SUPREME COURT of KANSAS IN
Appeal No. 11-106870-S IN THE SUPREME COURT OF KANSAS IN THE MATTER OF : : DA 10088 and DA 10598 : PHILLIP D. KLINE, : : Respondent. : _________________________________________________________ MOTION OF RESPONDENT PHILLIP D. KLINE FOR THE RECUSAL OF JUDGE KAREN ARNOLD-BURGER _________________________________________________________ Respondent Phillip D. Kline, former Attorney General the State of Kansas, hereby moves for the recusal of Judge Karen Arnold-Burger from any further participation in this appeal. Per the Order of Presiding Justice Daniel Biles on June 4, 2012, Judge Arnold-Burger is one of five Kansas judges assigned to hear this appeal in the aftermath of the May 18, 2012 recusal of five sitting justices of this Court. I. Introduction. As editor of The Verdict, the official quarterly publication of the Kansas Municipal Judges Association (“KMJA”), Judge Karen Arnold-Burger was instrumental in publishing numerous false statements regarding Mr. Kline’s investigation of Kansas abortion clinics. These false statements about facts at issue in this proceeding provide a reasonable basis to question Judge Arnold-Burger’s impartiality, thereby requiring recusal. See Kansas Code of Judicial Conduct, Canon 3(E)(1) (1995). Specifically, a synopsis of Comprehensive Health of Planned Parenthood v. Kline, 287 Kan. 372, 433, 197 P.3d 370 (2008) (hereinafter CHPP v. Kline) in the Winter 2009 edition of The Verdict made numerous false assertions supported neither by the CHPP v. Kline opinion itself nor the underlying facts.1 Most of these gratuitous and untrue statements improperly cast Mr. Kline’s conduct in a false negative light and uniformly tended to disparage him before the Kansas judiciary. -
Legislative Directory 87Th Kansas Legislature 2017 Regular Session
Legislative Directory 87th Kansas Legislature 2017 Regular Session Published by Kris W. Kobach Secretary of State Note: Information in this directory is current as of January 31, 2017. For updated information check the Excel version of the 2017 Legislative Directory at http://www.sos.ks.gov/pubs/pubs_legislative_directory.html. 2017 Legislative Directory Table of Contents United States Senators ........................................................................................................ 1 United States Representatives ............................................................................................. 2 Kansas State Officers .......................................................................................................... 4 State Board of Education .................................................................................................... 6 Legislative telephone numbers and websites ...................................................................... 8 Kansas Senate By district ..................................................................................................................... 9 Officers and standing committees .............................................................................. 11 Capitol office addresses and phone numbers ............................................................. 12 Home/business contact information .......................................................................... 14 Kansas House of Representatives By district .................................................................................................................. -
2020 KBA Awards Avoiding a Quagmire
Your Partner in the Profession | September/October 2020 • Vol. 89 • No. 7 2020 KBA Awards P. 14 Avoiding a Quagmire: Acquiescence in a Judgment as a Bar to Appeal by Casey R. Law P. 30 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. ACCEPT MORE PAYMENTS WITH LAWPAY 888-281-8915 | lawpay.com/ksbar POWERING PAYMENTS FOR THE 14 | KBA Awards Trust Payment 30 | Avoiding a Quagmire: Acquiescence in a IOLTA Deposit Judgment as a Bar to Appeal by Casey R. Law Amount LEGAL $ 1,500.00 INDUSTRY Reference Cover Design by Ryan Purcell The easiest way to accept credit, NEW CASE debit, and eCheck payments Special Features Card Number 23 | KBA’s Virtual Annual Meeting—Literally FABULOUS ........................... **** **** **** 4242 The ability to accept payments online has Karla Whitaker become vital for all firms. When you need to 44 | Washburn Law Clinic: Clinic in the Time of Coronavirus...................Michelle Y. -
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 ................................................... -
Selection to the Kansas Supreme Court
Selection to the Kansas Supreme Court by Stephen J. Ware NOVEMBER KANSAS 2007 ABOUT THE FEDERALIST SOCIETY Th e Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers, law students, scholars, and other individuals, located in every state and law school in the nation, who are interested in the current state of the legal order. Th e Federalist Society takes no position on particular legal or public policy questions, but is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. Th e Federalist Society takes seriously its responsibility as a non-partisan institution engaged in fostering a serious dialogue about legal issues in the public square. We occasionally produce “white papers” on timely and contentious issues in the legal or public policy world, in an eff ort to widen understanding of the facts and principles involved, and to continue that dialogue. Positions taken on specifi c issues in publications, however, are those of the author, and not refl ective of an organization stance. Th is paper presents a number of important issues, and is part of an ongoing conversation. We invite readers to share their responses, thoughts and criticisms by writing to us at [email protected], and, if requested, we will consider posting or airing those perspectives as well. For more information about Th e Federalist Society, please visit our website: www.fed-soc.org. -
KANSAS POLICY REVIEW Policy Research Institute, the University of Kansas KPR KANSAS POLICY REVIEW Vol
Policy Research Institute KANSAS POLICY REVIEW Policy Research Institute, The University of Kansas KPR KANSAS POLICY REVIEW Vol. 27, No. 2 Fall 2005 SPECIAL ISSUE: From the Editor Perspectives on School Finance in Kansas Bruce D. Baker, Guest Editor Public K-12 education is by far the single From the Editor ........................................................... 1 Joshua L. Rosenbloom largest program funded by the State General Joshua Rosenbloom is Professor of History and Economics Fund in Kansas. Over the past decade few issues and Director of the Center for Economic and Business have been as contentious in state policy. During Analysis at the Policy Research Institute, University of Kansas. 2005 the adequacy of the state’s funding as well as the way that funds are distributed across History of School Finance Reform and Litigation in Kansas ............................................ 2 districts resulted in a stand-off between the State Bruce D. Baker Supreme Court and the Legislature. With these Preston C. Green, III issues in mind I asked Professor Bruce Baker if Bruce D. Baker is Associate Professor of Teaching and Leadership at the University of Kansas. He is lead author of he would edit a special issue of the Kansas Financing Education Systems under contract with Merrill/ Prentice-Hall, and author of over 30 articles since 1998 in Policy Review devoted to an analysis of the journals including the Economics of Education Review, legal, economic, political, and educational Journal of Education Finance, Educational Evaluation and Policy Analysis, and American Journal of Education. He has dimensions of this controversy. Professor Baker consulted for the Texas, Missouri, and Wyoming legislatures has done an excellent job, assembling a set of on the design of school finance policy and has served as an expert witness on school finance cases in Kansas and articles that clearly explain the history of the Nebraska. -
August 6, 2020 Honorable Nathan L. Hecht President, Conference Of
August 6, 2020 Honorable Nathan L. Hecht President, Conference of Chief Justices c/o Association and Conference Services 300 Newport Avenue Williamsburg, VA 23185-4147 RE: Bar Examinations and Lawyer Licensing During the COVID-19 Pandemic Dear Chief Justice Hecht: On behalf of the American Bar Association (ABA), the largest voluntary association of lawyers and legal professionals in the world, I write to urge the Conference of Chief Justices (CCJ) to prioritize the development of a national strategy for bar examinations and lawyer licensing for the thousands of men and women graduating law school during the COVID-19 pandemic. This is a temporary change and only as necessary to address the public health and safety issues presented during this crisis without closing the doors to our shared profession. In particular, we recommend that this national strategy urge each jurisdiction to cancel in-person bar examinations during the pandemic unless they can be administered in a safe manner; establish temporary measures to expeditiously license recent law school graduates and other bar applicants; and enact certain practices with respect to the administration of remote bar examinations. We appreciate that some jurisdictions may have already taken some action, such as modifying the bar examination dates or setting or temporarily modifying their admission or practice rules. But the failure of all jurisdictions to take appropriate action presents a crisis for the future of the legal profession that will only cascade into future years. Earlier this week, the ABA House of Delegates discussed this important subject and heard from many different stakeholders within the legal profession, including concerns from the National Conference of Bar Examiners. -
Politics of Judicial Elections 2015 16
THE POLITICS OF JUDICIAL ELECTIONS 201516 Who Pays for Judicial Races? By Alicia Bannon, Cathleen Lisk, and Peter Hardin With Douglas Keith, Laila Robbins, Eric Velasco, Denise Roth Barber, and Linda Casey Brennan Center for Justice at New York University School of Law National Institute on Money and State Politics CONTENTS Introduction 1 Chapter One: Supreme Court Election Spending Reaches New Heights 4 Spending Overview: 2015-16 Supreme Court Election Cycle 4 Notable Trends: Secret Money and Record Outside Spending 7 Profiled Races: What Factors Contribute to High-Cost Elections? 12 The Bigger Picture: Big Money Races Leave A Mark On A Majority of Elected Courts 15 State Courts as Political Targets 19 Chapter Two: A Closer Look at Interest Groups 21 Overview 21 The Transparency Problem 22 Wisconsin’s Weak Recusal Standards Undermine Fair Courts 26 The Major Players 27 A Parallel Problem: Dark Money and Judicial Nominations 30 Chapter 3: Television Ads and the Politicization of Supreme Court Races 32 Overview 32 A More Pervasive Negative Tone 33 Ad Themes 36 Ad Spotlight 38 Conclusion 40 Appendix 42 IV CONTENTS LIST OF FIGURES Introduction Chapter One Estimated Spending on State Supreme Court Races, 2015-16 5 Number of Judges Elected in $1 Million-Plus Elections by Cycle 6 State Supreme Court Election Spending by Cycle (2016 Dollars) 8 Outside Spending by Interest Groups (2016 Dollars) 9 Spending Breakdown for 2015-16 Supreme Court Races 9 Contributions to Candidates by Sector, 2015-16 11 Top 10 Candidate Fundraisers, 2015-16 11 The Rise of Million Dollar Courts 16 Million Dollar Courts in 2016 17 Chapter Two Top 10 Outside Spenders and Secret Money, 2015-16 23 Outside Group Spending: Dark, Gray, and Transparent Money, 2015-16 24 States with Unreported Outside Spending, 2015-16 25 Chapter 3 Total TV Spending, 2015-16 33 Number of Television Ad Spots by Cycle 34 Total TV Spending by Cycle (2016 Dollars) 34 Ad Tone Analysis: Groups vs. -
Kansas Supreme Court: Chief Justice Marla Luckert
Chief Justice Uniquely suited for current role, Luckert seizes historic opportunities. By Angela Lutz From her third-story office in the Kansas Judicial Center, to challenge people to do that investigation in all of their jobs Supreme Court Chief Justice Marla Luckert, BA ’71, JD ’80, in all aspects of the court system, and I hope we are all open to might just have the best view in Topeka. Outside the large seeing where that leads us.” plate-glass window behind her desk, the Kansas State Capitol sits proudly, its pointed, copper dome seeming to scrape the With a successful and varied legal career, Luckert is uniquely cloudless Midwestern sky. suited for her current role. Growing up in rural Kansas during the civil rights era, she knew she wanted to be a lawyer after “It’s a good reminder,” Luckert said, gazing at the iconic reading “To Kill a Mockingbird” in grade school. As soon as building. “I want to do everything I can for citizens of Kansas she could, she joined the debate team and began honing her to make access to justice more than just a statement that we research and analysis skills. After graduating from Washburn throw out. It’s something that’s real and meaningful.” University School of Law, she joined a Topeka firm where she specialized in health care law before being appointed to the Initially appointed to the Kansas Supreme Court by Gov. Shawnee County District Court in 1992. She served on the Bill Graves in 2002, Luckert was sworn in as chief justice district court bench for 10 years and became chief judge in last December.