REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF KANSAS REPORTER: SARA R. STRATTON Advance Sheets, Volume 311, No. 3 Opinions filed in May – July 2020 "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: HON. MARLA J. LUCKERT ................................................ Topeka JUSTICES: HON. CAROL A. BEIER ................................................... Wichita HON. ERIC S. ROSEN ........................................................ Topeka HON. DAN BILES .......................................................... Shawnee HON. CALEB STEGALL ................................................. Lawrence HON. EVELYN Z. WILSON .................................... Smith Center 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 Administrative Order 2020-RL-063 RULES RELATING TO DISTRICT COURTS GENERAL AND ADMINISTRATIVE The following Supreme Court Rule 110C is hereby adopted, effective the date of this order. Rule 110C RECOGNITION OF TRIBAL JUDGMENTS (a) Definitions. (1) "Judicial officer" means a judge, justice, magistrate, or other officer authorized under federal or tribal law to resolve disputes and enter tribal judgments in a tribal court. (2) "Record" means information on a tangible medium or stored in an electronic format. (3) "Tribal court" means a court or constitutionally established tribunal of a federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village established under federal law or tribal law, including a court of Indian offenses organized under Title 25, Part 11 of the Code of Federal Regulations. (4) "Tribal judgment" means a final written judgment, decree, or order of a tribal court signed by a judicial officer and filed in a tribal court. (b) Recognition of Tribal Judgments—Full Faith and Credit. A Kansas dis- trict court must grant full faith and credit and enforce a tribal judgment if the tribal court that issued the judgment grants full faith and credit to the judgments of the courts of the state of Kansas. (c) List of Tribal Courts Granting Full Faith and Credit. The judicial ad- ministrator must maintain a list of the tribal courts that grant full faith and credit to the judgments of the courts of the state of Kansas. The list will include any tribal court that has provided the following documents to the judicial administrator: (1) a copy of the tribal ordinance, statute, court rule, or other evidence demonstrating that the tribal court grants full faith and credit to the judgments of the courts of the state of Kansas; and (2) a copy of the tribal ordinance, statute, court rule, or other evidence of the tribal court's requirements for authentication of copies of an official record. (IV) (d) Filing of Tribal Judgments. A copy of a tribal judgment authenticated in accordance with K.S.A. 60-465, the applicable act of Congress, or the law of the tribe may be filed with the clerk of the district court of any Kansas county. The district court clerk must treat the tribal judgment in the same manner as a judgment of the district court of any Kansas county that may be enforced or satisfied in a like manner. (e) Filing Procedure. (1) A tribal judgment filed under this rule must be accompanied by the following: (A) an affidavit, signed by the filing party or that party's attorney, stating the name and last-known address of each party in the action and the name and last-known address of each party's at- torney, if any; and (B) payment for the docket fee required under K.S.A. 60-3020. (2) Promptly on the filing of a tribal judgment and affidavit, the filing party must mail notice of the filing of the tribal judgment to the party against whom the judgment was rendered at the address given. The notice must include the name and address of the party filing the judg- ment and the name and address of the party's attorney, if any. In addi- tion, the party filing the judgment must file a certificate of mailing with the district court clerk within seven days after the date the tribal judg- ment was filed with the district court clerk. (f) Stay of Enforcement. The party against whom the tribal judgment was ren- dered may seek a stay of enforcement of the judgment as provided in K.S.A. 60-3004. (g) Conditions for Execution or Enforcement. No execution or other process for enforcement of a tribal judgment filed under this rule may issue until the proof of mailing of the notice has been filed with the district court clerk and 21 days have passed from the date the judgment was filed in the district court. (h) Communication Between Courts. (1) A district court may communicate with a tribal court concerning a tribal judgment filed under this rule. Except as otherwise provided in subsection (h)(2), a record must be made of the communication and the parties must be informed promptly of the communication and granted access to the record. (2) Communication between a district court and a tribal court concerning court records and similar ministerial matters may occur without in- forming the parties. A record need not be made of the communication. (V) (i) Other Applicable Statutes, Regulations, and Rules. (1) This rule does not modify, limit, or impose additional conditions on the obligation of a district court to follow applicable state and federal statutes, regulations, and rules that provide for recognition and en- forcement of judgments or acts of the tribal courts of any federally recognized Indian tribe. (2) Applicable statutes may include the following: (A) Violence Against Women Act, 18 U.S.C. § 2265; (B) Indian Child Welfare Act, 25 U.S.C. § 1911; (C) National Indian Forest Resources Management Act, 25 U.S.C. § 3106; (D) American Indian Agricultural Resources Management Act, 25 U.S.C. § 3713; (E) Full Faith and Credit for Child Support Orders Act, 28 U.S.C. § 1738B; (F) Uniform Interstate Family Support Act, K.S.A. § 23-3601 et seq.; (G) Uniform Child-Custody Jurisdiction and Enforcement Act, K.S.A. § 23-37,101 et seq.; and (H) Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, K.S.A. § 60-31b01 et seq. Dated this 16th day of June 2020. FOR THE COURT: ______________ MARLA LUCKERT Chief Justice (VI) IN THE SUPREME COURT OF THE STATE OF KANSAS ORDER 2020-RL-064 RULES RELATING TO KANSAS ECOURT The attached Supreme Court Rules 20, 21, 22, 23, and 24 are hereby amended, effective the date of this order. Dated this 12th day of June 2020. FOR THE COURT ______________ MARLA LUCKERT Chief Justice See https://www.kscourts.org/Rules-Orders/Rules.aspx for the amended Rules 20, 21, 22, 23, and 24. (VII) IN THE SUPREME COURT OF THE STATE OF KANSAS Administrative Order 2020-RL-065 RULES RELATING TO THE STATE BOARD OF EXAMINERS OF COURT REPORTERS The attached Supreme Court Rules 301-310, 312, 313, 350, 352-354, 356-58, 361-364, and 367 are hereby amended, effective July 1, 2020. Dated this 15th day of June 2020. FOR THE COURT ______________ MARLA LUCKERT Chief Justice See https://www.kscourts.org/Rules-Orders/Orders/Admin-Orders/2020-RL- 065 for the amended Rules 301-367. (VIII) IN THE SUPREME COURT OF THE STATE OF KANSAS ORDER ADMISSION OF ATTORNEYS The attached Supreme Court Rule 806 is hereby amended, effective July 1, 2020. Dated this 1st day of July 2020. FOR THE COURT: MARLA LUCKERT Chief Justice (IX) RULES RELATING TO CONTINUING LEGAL EDUCATION Rule 806 CREDITS (a) Credit for Attendance. The number of CLE credit hours assigned to an approved program reflects the maximum that may be earned by at- tending the entire program. Only actual attendance earns CLE credit. No attorney will receive more than eight hours of credit in one day of CLE attendance. (b) Carryover Credit. CLE credit hours that are to be carried forward under Rule 803(b) must be received by OJA by July 31 or submitted via U.S. mail postmarked by July 31 and reflect attendance during the compliance period in which they were earned. An attorney will not receive carryover credit if an application or affidavit is received after that date. (c) Credit for Teaching. An attorney can earn up to five CLE credit hours for each 50 minutes spent teaching an approved program. The attorney must file an application for approval of teaching credit that outlines program content, teaching methodology, and time spent in preparation and instruction. In determining the number of CLE credit hours to award, the Board will calculate time spent in preparation and teaching. For example, an attorney who spends 150 minutes prepar- ing a program and 50 minutes teaching it will be awarded four credit hours. One-half credit hour will be awarded for teaching at least 25 but less than 50 minutes.