Kansas Courts

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News Releases

01/06/12: Court Adopts New Child Support Schedules
01/09/12: Blue Ribbon Commission Report Given Court
01/13/12: Chief Justice to Address Joint Session
02/02/12: Two Nominated for District Judge
03/09/12: Nominations Accepted for Judge Vacancy in 11th District
03/22/12: Nominations Sought for District Magistrate Judge Vacancy
04/02/12: Nine Apply to Fill Vacancy in 11th Judicial District
04/04/12: Supreme Court Orders Court Employee Furloughs
04/06/12: Supreme Court Lifts Smoking Ban Temporary Injunction
04/09/12: Court Closure/Furlough Order Released
04/23/12: 21st Judicial District Vacancy
04/23/12: Shawnee County Judicial Vacancy
04/23/12: Two furlough days postponed
04/25/12: Three Nominated for Judgeship
05/09/12: Johnson County Judge Vacancies
05/21/12: Furlough Cancellation
05/24/12: Eleven Apply for Shawnee County Judge Vacancy

See the Archives for new releases dating back to 1997

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FOR IMMEDIATE RELEASE: May 24, 2012

For more information
contact Ron Keefover
Education-Information Officer

Eleven Topeka area attorneys submitted applications Thursday to fill a vacancy on the Shawnee County District Court created by the retirement of Judge Charles Andrews.

Submitting applications were: Athena Andaya, a deputy state attorney general; Bradley R. Burke, chief legal counsel for the Juvenile Justice Authority; Lee J. Davidson, an assistant attorney general; Jason E. Geier, senior assistant Shawnee County district attorney; Kimberly L. Knoll, a deputy attorney disciplinary administrator; and Joe R. Little, a sole practitioner in Topeka.

Mary E. Mattivi, who serves as judge pro tem in Shawnee County District Court and Topeka Municipal Court, as well as a prosecutor for the City of Maple Hill; Derenda Mitchell, an assistant attorney general; Carl William "Bill" Ossmann, chief litigation attorney for the state Department of Social and Rehabilitation Services; Fred C. Patton, a Topeka attorney in private practice; and Duston J. Slinkard, an assistant attorney general assigned to work as a Special Assistant U.S. Attorney.

The Third Judicial District Nomination Commission will interview the applicants June 11, beginning at 9 a.m. in the Shawnee County Courthouse. The Nominating Commission will narrow the list to two or three names, which then will be submitted to the governor for appointment. The governor will have 30 days in which to make the appointment. The newly appointed judge will then be on the next general election ballot after having served a year in office for a yes or no vote on whether he or she should be retained for another term.

 

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FOR IMMEDIATE RELEASE: May 21, 2012

For more information
contact Ron Keefover
Education-Information Officer

Statewide Court Closures Scheduled This Week and June Cancelled

Chief Justice Lawton R. Nuss said today that the four remaining days of statewide court closures and court employees' unpaid furloughs have been cancelled, including two days that were scheduled this Thursday and Friday. Two additional statewide court shutdowns were scheduled for June 7-8.

The Chief Justice made the announcement after the Legislature's Sunday night appropriation of enough funding to keep the courtroom doors open for the balance of the current fiscal year, which ends June 30. The $1.1 million in supplemental funding has been rolled into the legislative appropriation bill for FY 2013, which begins July 1. Courts previously were closed statewide and court employees sent home without pay on April 13 after no action was taken on the supplemental funding request before the Legislature adjourned for its annual April break.

Chief Justice Nuss said he advised court employees of the cancelled furlough days in a letter that was sent today and that he will enter a formal order cancelling court closings later this week. He informed the employees that he cancelled on the basis of last night's passage of the appropriation bill. He said he and the other justices of the Supreme Court wanted to advise the employees of the development as soon as possible. "But my colleagues and I wanted you to receive this message as soon as possible. While technically the funds are not assured until Governor Brownback signs the budget bill, I am confident a bill will be signed," Chief Justice Nuss said. He also said the Judicial Branch owed the citizens of Kansas notice of their courts' reopening as soon as possible.

Approximately, 1,590 state court employees and potentially many other Kansans are affected by today's decision cancelling the court closures in 105 counties. Chief Justice Nuss asked Kansans not to expect that trials and hearings previously scheduled for Thursday and Friday, and then cancelled for lack of funds, can now all be held on those days. He said that the required presence of many lawsuit participants such as witnesses, lawyers, parties, and potential jurors make it difficult to conduct them on such short notice. He repeated that the Kansas Judicial Branch "is like an aircraft carrier underway in the open sea, not like a bass boat on a Kansas fishing lake" and cannot be turned quickly. The chief justice stated that the last few months have been extremely challenging for the entire Judicial Branch of Government, as well as for Kansans accessing their justice system.

 

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FOR IMMEDIATE RELEASE: May 09, 2012

For more information
contact Ron Keefover
Education-Information Officer

The Tenth Judicial District Judicial Nominating Commission will convene June 28, 2012 to interview and select nominees for submission to the Governor to fill 2 district judge vacancies, due to the retirements of Judge Allen Slater and Judge Peter Ruddick.

Interested persons may obtain nomination forms from the Clerk of the District Court or the Clerk of the Appellate Court or on-line at http://www.jocojnc.org or www.kscourts.org. In order to be considered, candidates must submit an original and 15 copies of the nomination form and all supporting documents to the Hon. Kevin Moriarty, Div. 14, Room 315, 100 N. Kansas, Olathe, KS 66061 no later than noon, Wednesday, May 30, 2012. Forms cannot be accepted by fax or on-line.

The 10th Judicial District Judicial Nominating Commission is made up of 14 members. Seven are attorneys elected by the Kansas licensed attorneys residing in the district, and 7 are non-lawyers appointed by the Johnson County Board of County Commissioners. The Nominating Commission welcomes and encourages public input into this important process. Comments can be submitted in writing to the Commission Secretary, Hon. Karen Arnold-Burger, 301 S.W. 10th Ave., Topeka, KS 66612-1507, faxed to (785) 296-7079 or emailed to arnold-burgerk@kscourts.org. All comments will be forwarded to all members of the Commission. Find out more information about the Commission by visiting its website at http://www.jocojnc.org.

Future Meeting Dates

ALL MEETINGS ARE OPEN TO THE PUBLIC, WITH AN OPPORTUNITY PROVIDED FOR PUBLIC COMMENT

June 6, 2012 - Meeting to Review Applications - 2:00 p.m. at the Johnson County Courthouse, Room 337, 100 N. Kansas Ave., Olathe, KS. Public comment will be accepted at 2:15 p.m.

June 28, 2012 - Meeting to Interview Applicants - 8:00 a.m. at the Johnson County Courthouse, Room 310, 100 N. Kansas Ave., Olathe, KS Public comment will be accepted at 8:05 a.m. and at 3:00 p.m.

 

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FOR IMMEDIATE RELEASE: April 25, 2012

For more information
contact Ron Keefover
Education-Information Officer

The names of three southeast Kansas attorneys were submitted to Gov. Sam Brownback today as nominees to fill a vacancy on the Crawford County District Court that was created by the April 2 retirement of District Judge Donald R. Noland.

Nominated were David S. Brake, who has been in private practice in Chanute since 1984; Lori A. Bolton Fleming, a Pittsburg attorney since 2001; and David K. Markham, Parsons, who has been admitted to practice since 1977.

The three were chosen as nominees following interviews conducted Tuesday by the 11th Judicial District Nominating Commission of a total of nine applicants for the judgeship. Other applicants include Steven W. Wilhoft, Parsons; Randel L. Messner and John G. Mazurek, both of Pittsburg; Kathleen M. Cerne, Frontenac; Frederick R. Smith, Farlington; and Darian P. Dernovish, Lawrence.

The 11th District judicial nominating commission includes Justice Lee A. Johnson, as the nonvoting chair, and Sara S. Beezley, Girard; Hon. Oliver K. Lynch, Columbus; Richard G. Tucker, Parsons; James K. Cook, Parsons; John W. Lehman, Girard; and Charles W. Sweeton, Baxter Springs.

 

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FOR IMMEDIATE RELEASE: April 23, 2012

For more information
contact Ron Keefover
Education-Information Officer

The Kansas Supreme Court today postponed two of the remaining four days scheduled for furloughs of court employees and the closing of Kansas courts.

The statewide closing of all district and appellate courts set for Friday, April 27, is postponed until Thursday, May 24; while the closing set for Friday, May 11, is postponed until Thursday, June 7. The scheduled furlough days of Friday, May 25, and Friday, June 8, remain unchanged.

"In reliance upon last Friday's House Appropriations Committee assurances to fund the courts, we are agreeing to postpone two days of court closures," said Chief Justice Lawton R. Nuss. "Waiting until May 24 should give the legislature more than enough time to make good on the House committee's stated intentions.

"As I explained on April 4 when the furloughs were first announced, the Supreme Court simply had no choice but to order a reduction in court operations because we don't have enough money for the courts to stay open through the end of our current fiscal year," Chief Justice Nuss continued. "The failure of the legislature in late March to approve our supplemental appropriation for reasons unrelated to the Court's budget left us with the unacceptable prospect of concentrating employee furloughs within a shorter number of pay periods if the appropriation failed for some reason after the legislature returned. We had no assurance at that time that our budget would not fall victim to the same impasses that created the legislature's inaction in March.

"But things changed last Friday when we received the assurances that give us enough confidence to change the furlough schedule," Chief Justice Nuss explained. "Most telling to me was the message repeated by Rep. Marc Rhoades. He is not only chair of the House appropriations committee, but also chair of the House's budget conference committee. His comments, plus those of his fellow appropriations committee members, that the legislature will fund the courts were significant to the Supreme Court."

Chief Justice Nuss made it clear this postponement is not without problems. Changing furlough dates means that any court business that may have been originally scheduled for May 24 and June 7 in 105 counties will now have to be rescheduled. This affects not just court personnel and judges but also witnesses, court litigants, their attorneys, and Kansans called for jury duty.

"Changing the direction of the court system is not like turning a bass boat, while fishing on a Kansas lake," Chief Justice Nuss said. "It is more like trying to turn an aircraft carrier underway at sea." Also, reopening the originally scheduled court closures on April 27 and May 11 may not allow previously canceled hearings to be held then. But reopening does allow the offices of the clerks of the courts to be available to the public. Finally, postponement risks employees losing two furlough days per pay period, which reduces employees' paychecks by about 20 percent, if the supplemental appropriation fails to be passed.

The Chief Justice concluded by repeating the message from his April 4 news conference. "The Supreme Court is not interested in pointing fingers. We are interested in trying to help fix this mess. Today's decision is our effort to help fix it."

 

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FOR IMMEDIATE RELEASE: April 23, 2012

For more information
contact Ron Keefover
Education-Information Officer

A nominating commission charged with filling a Shawnee County District Court vacancy created by the retirement of Judge Charles Andrews has set May 24th as the deadline for applying for it.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which was created when Judge Andrews retired effective March 30th.

"The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 3rd Judicial District are requested to consider this matter and the names of suggested nominees submitted by the general public will be welcomed by the commission," according to Supreme Court Justice Marla J. Luckert, departmental justice for the 3rd Judicial District.

Kansas statutes require that a judge be a resident of the district in which selected, be at least 30 years of age, have been in the active practice of law for at least five years, and have been admitted to the practice of law within the State of Kansas.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Luckert, Kansas Supreme Court, 301 SW 10th Avenue, Topeka, KS 66612, no later than noon, May 24, 2012. The forms are available in the office of the clerk of the district court in Topeka and online at www.kscourts.org.

The nominating commission will convene at 9:00 a.m. June 11, 2012, in the Shawnee County Courthouse to interview the suggested nominees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices of the vacancy are being mailed to every attorney in this judicial district by the chair of the commission.

The 3rd District judicial nominating commission includes Justice Luckert, as the nonvoting chair, and Lee R. Barnett, Wakarusa; Toby L. McCullough, Rossville; Terry E. Beck, Thomas G. Lemon, Jolene C. Miller, and C. Patrick Woods of Topeka.

 

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FOR IMMEDIATE RELEASE: April 23, 2012

For more information
contact Ron Keefover
Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy in the 21st Judicial District has issued a request for assistance from the public.

The 21st Judicial District includes Clay and Riley counties.

The nine-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which was created by the retirement of Judge Paul E. Miller, Manhattan, who is retiring June 8, 2012.

Kansas statutes require that a judge be a resident of the district in which selected, be at least 30 years of age, have been in the active practice of law for at least five years, and have been admitted to the practice of law within the State of Kansas.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Barry A. Clark, Clark and Kellstrom, Chtd., 417 Poyntz Avenue, Manhattan, KS 66502, no later than noon, June 1, 2012. The forms are available in the office of the clerk of the district court in each of the counties in the district and online at www.kscourts.org.

The nominating commission will convene at 9:00 a.m. June 18, 2012, in the Riley County Courthouse to interview the applicants. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested nominees.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notices have been mailed to every attorney in this judicial district by the chair of the commission.

The 21st district judicial nominating commission includes Justice Luckert, as the nonvoting chair, and Barry A. Clark, James W. Morrison, Derrick L. Roberson, Richard H. Seaton, Jr., Johanna D. Lyle, Manhattan; Kyle C. Bauer, Steven C. McMahan, Clay Center; and Steven L. Hargrave, Randolph.

 

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FOR IMMEDIATE RELEASE: April 9, 2012

For more information
contact Ron Keefover
Education-Information Officer

The Kansas Supreme Court today released its administrative order closing all state courts and sending 1,500 Judicial Branch employees home without pay as a result of a budget shortfall.

The Supreme Court's decision to close courts and furlough employees was announced by Chief Justice Lawton R. Nuss at a news conference last Wednesday. The next day the Court sent the administrative order to all chief judges and court managers in the state's 31 judicial districts. That order is being released and posted on the Judicial Branch website today for the public's information.

The state courts have been ordered to be closed this Friday, April 13, and April 27, May 11 and 25, and June 8, 2012.

The decision to close the courts was announced after the Legislature adjourned on March 30th without addressing the court system's request for $1.4 million in supplemental funding, leaving 5 court workdays unfunded. As a result, all employees paid though the Kansas Judicial Branch except justices and judges will be on involuntary unpaid leave on the closure dates. Justices and judges are exempted from the furloughs because of a constitutional provision that states their salaries may not be reduced unless the salaries of all state officers also are reduced. So they will be working in their offices on those days.

The Supreme Court order sets out the limited "critical functions" that can be undertaken by judges for Kansans during the 5 furlough days, including such things as:

• Criminal matters that are time and date sensitive, such as issuance of arrest warrants, conducting first appearances for criminal defendants, issuing search warrants and wire taps, and similar situations requiring immediate attention;
• Child in need of care and juvenile offender proceedings that likewise are time sensitive, such as juvenile detention and temporary custody hearings;
• Emergency orders in protection from abuse and protection from stalking, as well as orders for probable cause hearings regarding the commitment of sexually violent predators, and mental illness proceedings.

Judges are being directed that all other court matters, including things ranging from obtaining a marriage license to filing civil cases regardless of the amount being sought, may not be handled during the closures.

Beyond the list of critical functions that judges are authorized to undertake, the order directs the district courts to notify the public, attorneys, law enforcement agencies and other court users of the closures, including via the news media and court websites.

 

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FOR IMMEDIATE RELEASE: April 6, 2012

For more information
contact Ron Keefover
Education-Information Officer

Appeal No. 104,761: Downtown Bar and Grill, LLC v. State of Kansas

The Supreme Court today reversed a lower court decision temporarily blocking the state from enforcing a statute that exempts certain private liquor-serving clubs from a statewide ban on indoor smoking.

The decision reverses a Shawnee County District Court decision granting the Downtown Bar and Grill, a Class B club in Tonganoxie, a temporary injunction in a suit challenging the constitutionality of the statewide smoking ban as violations of the Equal Protection Clause of the Fourteenth Amendment and Section 1 of the Kansas Constitution Bill of Rights.

The lawsuit alleges the ban is unconstitutional because the Kansas Indoor Clean Air Act, which was passed in 2010, exempts Class B clubs that were already licensed on January 1, 2009, but not those obtaining a Class B license after that cut-off or grandfathering date.

The Downtown Bar and Grill was licensed as a drinking establishment but was not licensed as a Class B club until May 4, 2009, or approximately four months after the cut-off date. The state contends the cut-off date was set by the legislature to prevent mere drinking establishments from circumventing the smoking ban by changing their liquor license to Class B status during the pendency of the Act's passage by the legislature.

Writing for a unanimous Court, Chief Justice Lawton R. Nuss reversed and remanded the case to the district court "because Downtown Bar is unable to establish an element essential to issuance of a temporary injunction: a substantial likelihood of eventual success on the merits."

He said Downtown Bar presented the issue before the Supreme Court as simply whether it was denied equal protection of the law because the Act's January 1, 2009, cut-off date had no rational basis connected to a legislative purpose. Downtown Bar does not challenge the objective of the Act, which was for the State to promote its interest in the health and safety of its citizens by reducing exposure to second-hand smoke. "Nor does it challenge the fact of grandfathering," Chief Justice Nuss wrote. He said the district court ruled that the cut-off date was wholly arbitrary "because this particular date, other than by its existence, finds no rational basis for its selection."

The January 1, 2009, date was first set in a smoking ban bill that was introduced, but not adopted, in the 2009 legislative session. The bill was resurrected in the 2010 session and passed, thus, prompting the district court's decision that the date was not deliberately "selected" by the 2010 legislature.

Chief Justice Nuss said the Supreme Court disagreed that the 2009 cut-off date "stopped being rational merely because it was not independently—or deliberately—'selected' by the 2010 legislature. If the 2009 legislature conceivably chose the January 1, 2009, date as a cut-off—which would eliminate any incentive [for a mere 'drinking establishment'] to rush to Class B club status during the pendency of the 2009 legislation—then it is exceedingly difficult, if not impossible, to conclude that the 2010 legislature could not conceivably have retained that same cut-off date for the same reason during its own session."

Because Downtown Bar failed to meet its obligation to prove there was not any conceivable rational basis for the 2009 date, the case was reversed and remanded for further proceedings.

 

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FOR IMMEDIATE RELEASE: April 4, 2012

For more information
contact Ron Keefover
Education-Information Officer

The Kansas Supreme Court today announced dates for scheduled furloughs of court employees and the closing of Kansas courts. Statewide closings of all district and appellate courts are set for April 13 and 27th, May 11 and 25th, and June 8th.

The scheduled court closings are necessary because of the legislature's failure last week to approve a $1.4 million supplemental appropriation for the judicial branch that had been agreed to earlier by House and Senate negotiators. That funding was held up due to an impasse over other unrelated issues included in the same appropriation measure.

"This impasse creates an operational dilemma for the state court system because without the supplemental appropriation, we do not have enough money to make our payroll through the end of the fiscal year. And as of today, we have no assurance we will have that appropriation to operate through the end of this fiscal year," explained Chief Justice Lawton R. Nuss.

In a letter Chief Justice Nuss sent to key legislators in February, he advised them that action on the supplemental appropriation would be required no later than March 31 to avoid employee furloughs and court closures. This date was picked because it allowed the judicial branch to spread out the furlough days required to make up the missing funds over the remaining pay periods in the fiscal year. To delay longer would require the judicial branch to concentrate furloughs over a shorter number of pay periods, if the supplemental appropriation failed for some reason after the legislature returns in late April. Having more than one furlough day per pay period would mean payroll losses would be greater and more difficult for 1,500 employees to manage. A one-day furlough each pay period reduces an employee's paycheck by about 10 percent.

"The Supreme Court simply believes it has no real choice but to act now, rather than face the uncertainties of what may happen when the legislature returns," Chief Justice Nuss continued. "If we gamble on getting the supplemental appropriation when the legislature returns, but something arises that prevents it, then the impact on our employees is more severe over the time that is left. We will rescind the remaining furlough days if the supplemental appropriation is approved."

The need for a supplemental appropriation was made known to the legislature in January when the judicial branch advised it had more than a $1 million shortfall in its current FY 2012 budget. The shortfall occurred because a portion of the judicial branch budget comes from case filing fees, and case filings were down during the first half of the fiscal year. This drop in case filings caused a loss of revenue.

The judicial branch budget is primarily made up of wages and salaries because most other judicial operations are paid by counties. The shortfall equates to about 5days of court operations for employee wages and salaries. There are about 1,500 judicial employees affected by the furlough order because salaries of judges cannot be lowered under the Kansas Constitution unless all state officers' salaries are reduced. Judges will be working in their offices on those days.

"The judicial branch does not have financial reserves to access" Chief Justice Nuss explained, "because for the past few years the legislature has specified that the court system must operate only with the bare minimum appropriation needed to keep our courts open, while maintaining at least 80 unfilled job vacancies from previous staff levels. Since almost all of the court budget is for salaries, we do not have the flexibility other governmental entities have to postpone other expenditures to manage cash flow."

"I also want to address the suggestion by some that the judicial branch has other funds it can access to make up shortfalls in operational cash flow," the Chief Justice continued. "This is simply not the case. The Bar Discipline Fee Fund, which is most commonly mentioned, is comprised of attorney registration fees paid annually by Kansas attorneys. That money is limited to paying for attorney discipline activities, a client protection fund that reimburses clients for losses caused by dishonest conduct of Kansas attorneys, and the Kansas lawyer assistance program. It is not available for ongoing judicial branch operations. And the funds in the judicial branch budget that are not used for payroll are limited by state law to other purposes. For example, the Judicial Branch Education Fund, which is money obtained from case filing fees, carries a statutory limitation that must be changed by the legislature before the money could be used for judicial branch wages and salaries. That statutory change was part of the supplemental appropriation that is stalled in the legislature."

"I know that legislators have been under pressure in the last few years due to economic conditions. But I hope they act quickly to fund the judicial branch of our government," the chief justice said.

 

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FOR IMMEDIATE RELEASE: April 2, 2012

For more information
contact Ron Keefover
Education-Information Officer

Nine attorneys applied to fill a district judge vacancy created by the retirement of District Judge Donald R. Noland by Monday's deadline set by the district's Judicial Nominating Commission.

Applicants include David S. Brake, Girard; David K. Markham and Steven W. Wilhoft, both of Parsons; Lori A. Bolton Fleming, Randel L. Messner, and John G. Mazurek, all of Pittsburg; Kathleen M. Cerne, Frontenac; Frederick R. Smith, Farlington; and Darian P. Dernovish, Lawrence.

Interviews are scheduled for April 24 in the Crawford County Judicial Center, Pittsburg.

The seven-member nominating commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which was created by the April 2nd retirement of Crawford County District Judge Donald R. Noland. The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

The 11th District judicial nominating commission includes Justice Lee A. Johnson, as the nonvoting chair, and Sara S. Beezley, Girard; Hon. Oliver K. Lynch, Columbus; Richard G. Tucker, Parsons; James K. Cook, Parsons; John W. Lehman, Girard; and Charles W. Sweeton, Baxter Springs.

 

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FOR IMMEDIATE RELEASE: March 22, 2012

For more information
contact Ron Keefover
Education-Information Officer

A nominating commission charged with naming candidates to fill a district magistrate judge vacancy in Dickinson County has issued a request for assistance from the public.

The nine-member commission is responsible for selecting a district magistrate judge to fill the vacancy which will be created upon the retirement of District Magistrate Judge John E. Barker effective April 16.

“The nominating commission is especially interested in receiving recommendations from the general public. All of the citizens of Dickinson County are requested to consider this matter and the names of suggested nominees submitted by the public will be welcomed by the commission,” according to Supreme Court Justice Marla J. Luckert, departmental justice for the 8th Judicial District.

Kansas statutes require that a district magistrate judge be a resident of the county in which appointed, be a graduate of a high school or its equivalent, and if not regularly admitted to practice law in Kansas, be certified by the Supreme Court as qualified to serve in the job.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Victor A. davis, Jr., Weary, Davis LC, 819 N. Washington, P.O. Box 187, Junction City, KS 66441, no later than noon, April 13, 2012. The forms are available in the office of clerk of the district court of Dickinson County and online under “What’s New” at www.kscourts.org.

The nominating commission will convene at 9 a.m., April 20, in the Dickinson County Courthouse, Abilene, to interview the suggested appointees. The meeting will be open to the public; however, the commission has the authority to adjourn to executive session to discuss personal traits of the suggested appointees.

Notices of the vacancy have been mailed to every attorney in the 8th Judicial District by the chair of the commission. Dickinson County is one of the four counties in the 8th Judicial District, which also includes Geary, Marion, and Morris Counties.

The nominating commission includes Justice Luckert, as the nonvoting chair, and Darrel W. Bryant, Council Grove; Victor A. Davis, Jr., Junction City; Douglas G. Thompson, Chapman; Edwin M. Wheeler, Jr., Marion; Kevin R. Fruechting, Marion; Carolyn L. Gaston, Milford; Kevin O. Harris, Abilene; and Darrell L. Miller, Dwight.

 

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FOR IMMEDIATE RELEASE: March 9, 2012

For more information
contact Ron Keefover
Education-Information Officer

A nominating commission charged with naming candidates to fill a district judge vacancy on the 11th Judicial District has issued a request for assistance from the public.

The 11th Judicial District includes Cherokee, Crawford, and Labette Counties.

The seven-member commission is responsible for submitting the names of two or three nominees to the Governor for the vacancy which will be created upon the April 2nd retirement of Crawford County District Judge Donald R. Noland.

"The nominating commission is especially interested in receiving recommendations of suggested nominees to fill the vacancy from the general public. All of the citizens of the 11th Judicial District are requested to consider this matter and the names of suggested nominees submitted by the general public will be welcomed by the commission," according to Justice Lee A. Johnson, departmental justice.

Kansas statutes require that a judge be a resident of the district in which selected, be at least 30 years of age, have been in the active practice of law for at least five years, and have been admitted to the practice of law within the State of Kansas.

Suggested nominees are requested to complete questionnaires for the position. The completed forms should be returned to Justice Lee A. Johnson, Kansas Supreme Court, 301 SW 10th Avenue, Room 388, Topeka, KS 66612, no later than noon, April 2, 2012. The forms are available in each of the offices of the clerk of the district court in the 11th Judicial District, or online at www.kscourts.org.

No date for interviews by the nominating commission has been set.

The law requires that the commission submit at least two names, but not more than three, to the Governor who may appoint any of the suggested nominees.

Notification of the vacancy have been mailed to every attorney in this judicial district by the chairman of the commission.

The 11th District judicial nominating commission includes Justice Johnson, as the nonvoting chair, and Sara S. Beezley, Girard; Hon. Oliver K. Lynch, Columbus; Richard G. Tucker, Parsons; James K. Cook, Parsons; John W. Lehman, Girard; and Charles W. Sweeton, Baxter Springs.

 

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FOR IMMEDIATE RELEASE: February 2, 2012

For more information
contact Ron Keefover
Education-Information Officer

The names of two attorneys were sent to Governor Sam Brownback today as nominees to fill a vacancy on the 30th Judicial District Court that was created by the January 3 retirement of Hon. Robert J. Schmisseur, Pratt.

Nominated were Candace R. Lattin, Iuka, and Francis E. Meisenheimer, Kingman. The governor will have 30 days in which to make the appointment. After that, the new judge will be on the next general election ballot after serving in office for one year for a vote on whether he or she should be retained for a four-year term. The nominations were delivered to the governor Thursday afternoon following interviews by the 30th Judicial Nominating Commission that were conducted in Pratt Thursday morning.

The 30th Judicial District includes Kingman, Barber, Harper, Sumner, and Pratt counties.

Lattin received her law degree from the Washburn University School of Law, a Bachelor of Business Administration degree from Wichita State University, and an Associate of Science degree from Pratt Community Junior College.

She began her legal career in 1985 when she opened a private practice in Stafford. Since then, in addition to private practice, she has served as the Kiowa County Attorney, Pratt City Public Defender, Pratt County Public Defender, and served as municipal judge of Pawnee Rock before that position was discontinued in 2007.

Meisenheimer received his law degree from the University of Kansas School of Law in 1980, and his undergraduate degree with a B.S. in Business Administration from Kansas State University in 1977.

The current municipal judge for the City of Kingman, Meisenheimer also has been in private practice since 1986 following a six-year stint as an assistant Reno County Attorney. In addition to private practice, he is the school board attorney for West Kingman County USD No. 332, and Kingman County Counselor.

 

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FOR IMMEDIATE RELEASE: January 13, 2012

For more information
contact Ron Keefover
Education-Information Officer

Chief Justice Lawton R. Nuss will deliver his second State of the Judiciary message to a joint session of the Legislature at 5 p.m., Wednesday, January 18, in the House Chamber.

Chief Justice Nuss said although he isn't disclosing topics of the speech, it will be an important message, given the dire financial straits of the Kansas court system in recent years. He was appointed to the Supreme Court by Governor Bill Graves in August 2002, becoming the first Court member in more than 20 years to move directly from the practice of law to the bench. He became Chief Justice in August 2010.

The first year a Chief Justice addressed a joint session of the Legislature was 1972, when the late Chief Justice Harold R. Fatzer delivered a State of Judiciary message. His speech focused on the need for an impartial judiciary that is separate but co-equal to the other branches of government as the Legislature sought new quarters for the Supreme Court due to overcrowding in the Statehouse.

 

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FOR IMMEDIATE RELEASE: January 9, 2012

For more information
contact Ron Keefover
Education-Information Officer

The Supreme Court today began its consideration of a much-anticipated report by the Court-appointed Blue Ribbon Commission, which has spent the past year reviewing all facets of the state courts' operations.

Chief Justice Lawton R. Nuss said the Blue Ribbon Commission report was presented to the Supreme Court last week, but he said it will not be released publicly until the justices have had a chance to thoroughly study it and discuss its recommendations. He said the report will be released in its entirety later this month.

The Chief Justice said the Commission's comprehensive review of court operations included the first–ever "weighted caseload study" of Kansas courts, as well as recommendations and comments made at 19 public meetings that were conducted across the state during the past year.

"We want to make a public release of the report as soon as the Court can review it in a careful and thoughtful way," Chief Justice Nuss said Monday. He said judges and court employees were advised that the Court received the report in a letter he sent statewide last Friday afternoon.

"In short, I told the judges and employees on Friday that the Court needs to move quickly, but intelligently, in arriving at decisions based on the Blue Ribbon Commission report and the findings contained in the weighted caseload study," Chief Justice Nuss said. He added that some of the Commission recommendations, if adopted by the Court, could require legislative action during the current session, which also began today.

Judiciary employees were advised that the Blue Ribbon Commission Report was presented to the Supreme Court earlier last week by Court of Appeals Judge Patrick D. McAnany, chair of the 25-member Blue Ribbon Commission. The report and the weighted caseload study are the two main components of what the Chief Justice has referred to as Project Pegasus, which he named after the mythological winged horse that became the constellation of the same name. He said he selected a neutral name to avoid designating the project as court reform, re-engineering, restructuring or other terms that would seem to signal a planned result.

"We always have said that the Court has no preconceived ideas of what this study will show during this historic review of court operations," Chief Justice Nuss said.

(Attached is a copy of the Chief Justice's letter to all court personnel that was sent Friday.)

 

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FOR IMMEDIATE RELEASE: January 6, 2012

For more information
contact Ron Keefover
Education-Information Officer

The state Supreme Court has adopted new child support payment schedules as a result of a federally mandated review of guidelines for the amounts of money to be ordered for child support, it was announced today. The new rates are effective April 1.

The Office of Judicial Administration emphasized in a statement released today that the revised guidelines do not automatically change any existing child support order. Rather, parents with existing orders will not be affected unless they return to court and a judge modifies it.

All states are required to review the rules governing how child support is established at least every four years. In Kansas, the Supreme Court has the obligation. To accomplish it, the Court appoints an advisory committee to review the economic basis of the guidelines and how often adjustments or deviations requested by one or both parents are approved by judges. The advisory committee consults with an economist, who reviews data from the U.S. Department of Agriculture showing trends in how parents spend money on children. The committee then makes recommendations to the Supreme Court.

The committee advised the Court that parents are spending more on children than they were four years ago. In fact, the amount of money parents spent over the past four years on younger children—aged birth to 11—has increased at a higher rate than spending on children 12 - 17 years of age. As a result, the percentage increase for children in the older age group has increased approximately 3 percent, while the percentage increase for children in the younger age group ranges from 9 to 12 percent.

For example, a divorced couple with one 15-year-old child and a combined annual income of $74,400 will share an increase of $33 a month, a 3 percent increase over their current obligation. If one parent earns 60 percent of the total monthly income, his or her share of the increase will be approximately $20 a month more than his current obligation.

If the same couple has one child who is 3 years old, they would share a combined 9 percent increase in their child support obligation, or $65 a month.

However, no one will see any will see any increase in their child support obligation without a hearing before a judge.

Although most of the Kansas Child Support Guidelines have not changed, there are other significant changes. One change, related to the overall increase in the child support, is new instructions giving judges the authority to consider the high cost of extraordinary expenses such as private education or premier sports. The number of families sending children to private education or enrolling the child in a high cost extracurricular activity has increased over the past 4 to 8 years. This new instruction is an effort to better balance those costs between the parents.

The current Kansas Child Support Guideline and the revised guidelines effective April 1, 2012, can be found on the Kansas Judicial Branch web site at www.kscourts.org.

 

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