If you would like to submit an article or would like to see a topic addressed, please send it to Judge Arnold-Burger. LEGISLATIVE UPDATES The Official Publication of Issue 35 Spring 2006 the Kansas Municipal Judges Association Following is summary of bills which have been signed by the Governor this legislative session that you may find in- teresting. This is not an exhaustive list. If there are any Court Watch more with implications to municipal courts, they will be summarized in the Summer edition of The Verdict. The following are cases that have been decided since our last BEGINNING JULY 1, 2007 COURTS MUST NOTIFY issue that may be of interest to municipal judges. Only the MOTOR VEHICLE DIVISION ELECTRONICALLY OF portion of the case that may relate to issues that arise in DISPOSITION INFORMATION municipal court are discussed. Members are encour- aged to read the whole opinion. HB 2513 requires that courts notify the division of motor vehicles immediately and electroni- IMPERMISSIBLE STACKING OR cally whenever anyone complies with a citation PYRAMIDING OF INFERENCES for which the court has requested suspension for non-compliance. In addition, beginning An inference in a criminal case is a conclusion drawn July 1, 2007, all courts must notify the divi- through logic and reasoning after having considered the HAPPY BIRTHDAY sion electronically of all conviction informa- facts presented. Unlike a legal presumption, an infer- TO tion and must do so within 10 days of any ence does not require that the factfinder come to a par- THE VERDICT conviction or forfeiture of bail. Failure or ticular conclusion as a matter of law. Instead the fact- IT IS neglect of a judicial officer to comply shall finder has discretion to draw the conclusion based on 10 YEARS OLD be considered misconduct in office and sub- the compelling nature of a certain factual situation. WITH THIS ject the judge to removal from office. The bill SUPER-SIZED also firmly places the responsibility of notify- Impermissible stacking or pyramiding of inferences ISSUE !!! ing the division in the case of final disposi- occurs where at least two inferences in regard to the tion of municipal court traffic appeals on the (Continued on page 4) (Continued on page 6) SPOTLIGHT ON: Mark Westgate Moran municipal judge Mark Westgate was born in came an expert on the Federal Motor Carrier Safety Regula- Manhattan and grew up on a farm close to St. George, tions conducting commercial motor vehicle inspections. Kansas. His dad ran a wheel alignment shop in Manhat- tan. He has four brothers and two sisters. He graduated Mark became so good at his job that he was often loaned out from Manhattan High School and in 1969 joined the by KHP to teach others how to conduct inspections. He began Army. After returning from three years in Germany, he teaching in Oklahoma City and by the time he retired he had eventually joined the Kansas Highway Patrol in May taught all over the United States, including Hawaii and 1973. Stationed primarily out of Iola, he was a Trooper Alaska. He also helped develop and teach the Federal training for 26½ years. While on the force, he became assigned class in Arlington, Virginia. When he retired in 1999 from the to the Motor Carrier Safety Assistant Program and be- (Continued on page 2) 1 The Verdict Spotlight on: Mark Westgate Updates from O.J.A. (Continued from page 1) highway patrol, he took a position as an investigator with the ANNOUNCING Municipal Judges’ Kansas Corporation Commission. He was soon called away to NEW JUDGES!! Annual Conference April 23-24, 2007 do what he did best, train others regarding motor carrier Hutchinson, KS safety. Since our Winter 2006 issue, the following new municipal As reported in a November 21, 2002 article in the Chanute judges have been appointed ▲▲▲▲ Tribune: or elected: ANNUAL CASELOAD REPORT “With the passing of the North American Free Trade Agree- Dena Allen Moscow Gerri Wybo-Vopata Whiting ment (NAFTA), it became necessary to open the borders be- Mark Blehm Silvan Grove Reminder: Your FY 2006 tween the U.S. and Mexico for commercial business. The U.S. Michael Vervaecke Linn Valley government was concerned with the safety of the drivers and John Russell Golf Annual Caseload report vehicles that would be traveling over the Mexican border into Jerry Wilson Mound Valley should be filed with our John Bullard Edna office by July 15, 2006. America. In order to ensure the safety of American citizens, Scott Shocowalter Kanorado the FMCSA formed a cadre of inspectors and auditors to be Amie Bauer Mound Ridge stationed at various points along the border. Westgate helped MUNICIPAL COURT JUDGES train most of the more than 600 Federal employees and two EDUCATION COMMITTEE Mexican nationals to be stationed at the border.” MEETING ▲▲▲▲ In 2002 Mark was given an award and letter of commendation 2006-2007 from the Federal Motor Carrier Safety Administration The Education Committee CONFERENCE will hold their annual (FMCSA). In the letter, he was recognized for his contribu- REMINDERS tions to ensure the safety of Mexican-domicile motor carriers meeting in Abilene on and their drivers in America. It also expressed gratitude for Friday, August 4. The Municipal Court Clerks’ Westgate’s assistance in the tremendous undertaking to “fulfill Committee will plan the Fall Conference President Bush’s commitment to honor our country’s NAFTA 2007 Annual Conference. September 14-15, 2006 obligations...to assure the safety of our citizens and at the If you have program sug- Topeka, KS same time realize the economic promise of NAFTA.” gestions, please talk to one of the committee District Judges’ Mark has been married to his members. The Committee Annual Conference wife Carolyn for 24 years. She appreciates your input. October 23-24, 2006 owns and operates a counseling Topeka, KS and therapy practice in Iola. Members are: They have two sons and two Municipal Court Clerks’ daughters. He is currently em- Tom Buffington Spring Conference ployed full-time as Safety Direc- Jay Emler March 30, 2007 tor for Consolidated Oil, an oil Karen Arnold-Burger Manhattan, KS well servicing company. Jim Wells Lee Parker District Judges’ In his spare time, he enjoys re- Spring Conference building antique tractors and rais- June 11-12, 2007 ing horses. He is the judge in Wichita, KS Moran, (once per month court) Kincaid (once every other month), Bronson and Uniontown (both as needed). He stated that he enjoys dealing with people in his position as municipal judge. “It’s really just an exten- sion of what I have always done.” When asked about the benefits of KMJA membership, Mark did not hesitate. “ I have seen over the years through my pro- fessional career, that keeping updated can be a monumental task. KMJA has always filled that bill for me. It has been a place to go to get information and I have always appreciated the ability to call other members and their willingness to share their insight on similar concerns.” 2 The Verdict We considered the same question related to a similar organi- zation in JE132 (2005) and conclude that that opinion applies equally to contributions and activities in support of Kansans for Simple Justice. A judge may make contributions to Kan- Judicial Ethics Opinions sans for Simple Justice. Opinion JE 138 April 17, 2006 Opinion JE 136 January 30, 2006 A judge has been invited to attend the Second Annual Judi- cial Symposium sponsored by the National Foundation for A judge (in a multi-judge district) and the judge’s spouse Judicial Excellence. The foundation would pay all costs of own real estate which is subject to a long-term lease to the the judge’s attendance, including tuition, accommodations Department of Corrections. The property is occupied by the and travel. Office of State Parole. This is a local office of the Kansas Parole Board. K.S.A. 2005 Supp. 22-3707. We considered a similar request last year pertaining to a judge’s attendance to an earlier program sponsored by the May the judge accept assignment to the criminal docket? same foundation. Our earlier opinion, JE 127 dated April 8, 2005, held that nothing in the Code of Judicial Conduct [Yes] The Kansas Parole Board supervises inmates who would bar the judge from attending the symposium. have been incarcerated in the penal system and are placed by the Board on parole. Hearings for alleged violation by That opinion is still valid. The judge may accept the invita- these former inmates are held by the Kansas Parole Board, tion without violating any of the Canons. not by the courts. See K.S.A. 2005 Supp. 22-3713, et seq. Opinion JE 139 The Department of Corrections, headed by the Secretary of April 17, 2006 Corrections, is concerned with the management of state correctional facilities, the placement, care and treatment of An announced candidate for district judge asks if he or she inmates, and the appointment of parole officers. See K.S.A. may respond to a Kansas Judicial Watch questionnaire. The 22-3707, et seq. as amended. It is unlikely that such offi- questionnaire seeks to have the candidate state whether or not cers, or any employees of the Department would appear in his or her view the Kansas Supreme Court violated the before the court in criminal matters. Kansas Constitution in a designated opinion; whether the power to tax and spend the revenues and to define marriage, In the event that the Department or any of its employees are the sole prerogative of the Legislature and not the Su- appear in a proceeding before the court, the judge should preme Court, under the Kansas Constitution; the candidate’s consider whether Canon 3E, 2005 Kan.