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The Kansas Supreme Court
301 SW 10th Avenue
Topeka Kansas 66612-1507

Office of Judicial Administration
Telephone:
 785.296.2256
Fax:  785.296.7076
Email: info@kscourts.org

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Telephone:
 785.296.3229
Fax:  785.296.1028
Email: appellateclerk@kscourts.org


News Releases Archive
Kansas Judicial Branch - News Releases for 2002

11/22/02 | 11/18/02 | 10/28/02 | 10/1/02 | 7/22/02 | 06/10/02 | 05/20/02 | 01/16/02 | 01/08/02 | 01/03/02


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For More Information,
Contact Ron Keefover
Education-Information Officer or
Carol G. Green
Clerk of the Appellate Courts 785.296.3229

FOR IMMEDIATE RELEASE: November 22, 2002

The names of three nominees to fill the vacancy on the state Supreme Court being created by the retirement of Justice Tyler C. Lockett have been submitted to the governor for appointment. Justice Lockett retires at the end of his current term on January 13, 2003.

Nominated are Court of Appeals Judge Robert L. Gernon, 59; Kansas City attorney M. Warren McCamish, 55; and Riley County District Judge David L. Stutzman, 51. Governor Bill Graves will have 60 days in which to make an appointment to the Court. The three were nominated by the Supreme Court Nominating Commission, a nine-member panel consisting of a lawyer and non-lawyer from each of the four congressional districts plus an attorney chairman selected in an at-large election by registered members of the state bar.

Judge Gernon has been a member of the Court of Appeals since 1988. Before that, he served as a judge of the 22nd Judicial District beginning in 1979, including two terms as the district's administrative judge from 1981 until his appointment to the Court of Appeals. Gernon engaged in the private practice of law from 1970 to 1979 and also served as Brown County Attorney and County Counselor from 1971 to 1975.

Judge Gernon graduated from the University of Virginia Law School's Graduate Program for Judges in 2001 with a LL.M., Masters in the Judicial Process. He graduated from the University of Kansas with a BS degree in Business Administration and received his law degree from the Washburn University School of Law in 1969.

McCamish has been practicing law in Kansas City for 30 years, including 26 years as a member of the law firm of Williamson & Cubbison. In addition to his private practice, McCamish has been inducted as a Fellow in the prestigious American College of Trial Lawyers and since 1998 has served as a member of the Kansas Board for Discipline of Attorneys. He also has served in the part-time position of Judge of the Municipal Court of Edwardsville since 1975.

He is a 1973 graduate of the University of Kansas School of Law and a 1968 KU graduate with a BS in Business Administration.

Judge Stutzman has been a district court judge since January 24, 1997, when he left the Manhattan law firm of Arthur, Green, Arthur and Condeman following nearly 15 years with that law office. Recently, the judge presided over the case of Kansas State University v. Morris Communications (WIBW) on broadcasting rights to KSU football. The judge entered an order in favor of WIBW's right to continue its solo broadcasts; however, within a week of the judgment, KSU and WIBW announced a complete settlement of all issues in the case, including abandonment of an appeal.

Judge Stutzman obtained a BS degree with merit from the U.S. Naval Academy, Annapolis, MD, and went on to serve in the Navy as the Repair Division Officer and Damage Control Assistant on the guided missile frigate USS Brooke. Following his discharge from the Navy, Judge Stutzman completed his law degree at the University of Kansas and was graduated fourth in his class in 1982.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For More Information,
Contact Ron Keefover
Education-Information Officer

FOR IMMEDIATE RELEASE: November 18, 2002

The names of three nominees to fill the vacancy on the state Supreme Court being created by the retirement of Justice Fred N. Six have been submitted to the governor for appointment.

Both Justice Six and Justice Tyler C. Lockett are to retire at the end of their current term on January 13. Nominees to fill the vacancy created by Justice Lockett's retirement will be named following the appointment of Justice Six's successor.

Nominated are Shawnee County District Judge Marla J. Luckert, 47; Riley County District Judge David L. Stutzman; 51, and Miami County District Judge Stephen D. Hill, 51. Gov. Bill Graves will have 60 days in which to make an appointment to the Court. The three were nominated by the Supreme Court Nominating Commission, a nine-member panel consisting of a lawyer and non-lawyer from each of the four congressional districts plus an attorney chairman selected in an at-large election by registered members of the state bar.

Once Gov. Graves makes an appointment from this list, the Nominating Commission will reconvene to submit the names of three more nominees to fill the second vacancy.

Judge Luckert has been chief judge of the Third Judicial District, a one-county district consisting of Shawnee County, since 2000. She has been a district judge since April 1992. Before that, she was in private practice in the Topeka law firm of Goodell, Stratton, Edmonds & Palmer, which included eight years as a partner and two and a half years as an associate. She also has taught courses on health law and bioethics at the Washburn University School of Law during her career.

She is a 1992 graduate of the National Judicial College judges' general jurisdiction course, a 1980 graduate of the Washburn law school, and a 1977 graduate of Washburn University.

Judge Stutzman has been a district court judge since January 24, 1997, when he left the Manhattan law firm of Arthur, Green, Arthur and Condeman following nearly 15 years with that law office. Recently, the judge presided over the case of Kansas State University v. Morris Communications (WIBW) on broadcasting rights to KSU football. The judge entered an order in favor of WIBW's right to continue its solo broadcasts; however, within a week of the judgment, KSU and WIBW announced a complete settlement of all issues in the case, including abandonment of an appeal.

Judge Stutzman obtained a BS degree with merit from the U.S. Naval Academy, Annapolis, MD, and went on to serve in the Navy as the Repair Division Officer and Damage Control Assistant on the guided missile frigate USS Brooke. Following his discharge from the Navy, Judge Stutzman completed his law degree at the University of Kansas and was graduated fourth in his class in 1982.

Judge Hill has been a district judge since 1981 and has been chief judge of the Sixth Judicial District since 1990. He is a 1972 graduate of the University of Kansas with a BS degree in English and a 1975 graduate of the Washburn University School of Law.

Immediately after graduation from law school, he practiced law in Mound City and was assistant Miami County Attorney in Paola. He was appointed Linn County Attorney and then was elected to the position in 1976. He regularly sits with the Court of Appeals and was nominated for appointment to that court in 2000.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For More Information,
Contact Ron Keefover
Education-Information Officer

FOR IMMEDIATE RELEASE: October 28, 2002

The names of 29 persons have been suggested to fill two impending vacancies on the state Supreme Court.

The Supreme Court Nominating Commission, which consists of one lawyer and one non-lawyer from each of the state's four congressional districts, plus an attorney member selected statewide, will narrow the list for Gov. Bill Graves to appoint successors to Justices Fred N. Six and Tyler C. Lockett. Both are scheduled to retire at the end of their terms in January.

The Nominating Commission will conduct interviews November 14-15 and then submit the names of three persons for one of the vacancies. Upon the governor's appointment of that justice, another list of three names will be submitted for appointment to fill the second vacancy.

Attached is a list of those whose names have been submitted for consideration.

Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For More Information,
Contact Ron Keefover
Education-Information Officer

For Immediate Release: October 1, 2002

The Kansas Supreme Court, the Kansas Department on Aging, the Kansas Bar Association and a number of bar associations across the state are cosponsoring the second annual Elders and the Law Week Oct. 7-11. The project's goal is to inform older Kansans how the court system affects them and to encourage them to visit their local courthouses.

Last year the effort was concentrated on encouraging each local court to sponsor activities on how the court system affects the elderly. This year the effort is to encourage local organizations which serve older Kansans to help cosponsor these activities.

Courts in Forty-five counties have some form of activity in addition to activities sponsored by local senior organizations. Materials have also been sent to every senior citizen center in the state and a number are planning to put up posters which give information on how the courts operate. All the libraries in the state have also been sent posters to display.

The Elders and Law Week planning committee received a grant to develop a video tape explaining how the court system works. The 10-minute video tapes were distributed to all judicial districts and Area Agencies on Aging. The videos will be available during the Elders and the Law Week and for future presentations to community organizations.


For Release: July 22, 2002

The names of three nominees to fill the vacancy on the state Supreme Court being created by the September 4 retirement of Justice Edward Larson were submitted to the governor for appointment this morning.

Nominated are Shawnee County District Judge Marla J. Luckert, 47; Kansas City, KS, attorney M. Warren McCamish, 55; and Lawton R. Nuss, 49 a Salina attorney. Gov. Bill Graves will have 60 days in which to make an appointment to the Court. The three were nominated by the Supreme Court Nominating Commission, a nine-member panel consisting of a lawyer and non-lawyer from each of the four congressional districts plus an attorney chairman selected in an at-large election by registered members of the state bar.

Judge Luckert has been chief judge of the Third Judicial District, a one-county district consisting of Shawnee County, since 2000. She has been a district judge since April 1992. Before that, she was in private practice in the Topeka law firm of Goodell, Stratton, Edmonds & Palmer, which included eight years as a partner and two and a half years as an associate. She also has taught courses on health law and bioethics at the Washburn University School of Law during her career.

She is a 1992 graduate of the National Judicial College judges' general jurisdiction course, a 1980 graduate of the Washburn law school and a 1977 graduate of Washburn University.

McCamish has been practicing law in Kansas City for 30 years, including 26 years as a member of the law firm of Williamson & Cubbison. In addition to his private practice, McCamish has been inducted as a Fellow in the prestigious American College of Trial Lawyers and since 1998 has served as a member of the Kansas Board for Discipline of Attorneys. He also has served in the part-time position of Judge of the Municipal Court of Edwardsville since 1975.

He is a 1973 graduate of the University of Kansas School of Law and a 1968 KU graduate with a BS in Business Administration.

Nuss has been in private practice with the firm of Clark, Mize & Linville, Chartered, Salina, for the past 20 years, achieving shareholder and vice president status beginning in 1988. In addition to a wide-ranging private practice, he served as special prosecutor for the City of Salina from 1994-96 and has represented the Salina School Board since 1984. Nuss also has been a federal court mediator since his appointment to that part-time position in 1992.

While a member of the U.S. Marine Corps, Nuss served as a combat engineering officer and as a legal officer, handing courts-martial, administrative discharge hearings and matters falling under the Uniform Code of Military Justice. His military career was rounded out by advising the battalion commander on legal matters for 1,300 Marines in the United States, Okinawa, Taiwan, the Philippines, Hong Kong, Korea, and Japan.

He is a 1982 graduate of the KU School of Law and a 1975 graduate of the university's undergraduate program.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For More Information,
Contact Ron Keefover
Education-Information Officer

For Immediate Release: June 10, 2002

The Supreme Court today announced the appointment of three new members of the Client Protection Fund Commission, a panel established in 1993 to consider claims by clients who suffer economic loss as a result of dishonest actions by Kansas lawyers.

Created in 1993, the fund has repaid clients a collective $797,226 for losses they incurred as a result of attorney malfeasance. Financed by lawyers from an annual attorney registration fee, no tax money is involved in the repayments.

The appointments announced today include John Parisi, Leawood, who succeeds Greg L. Musil, Overland Park; Ann Gardner, Lawrence, who succeeds Kent Cornish, Wichita; and Terry Beck, Topeka, who succeeds William R. Sampson, Overland Park.

Other members of the Commission include Beth F. Fager, Topeka, who is becoming chair to succeed Musil; Amy S. Lemley, Wichita, vice chair; Ward Loyd, Garden City; and Riley County District Judge David L. Stutzman, Manhattan. Members are appointed to three-year terms by the Supreme Court. Justice Fred N. Six, Lawrence, is liaison between the Commission and the Supreme Court.

The Lawyers' Fund for Client Protection covers most cases in which lawyers have taken for their own use or otherwise misappropriated clients' money entrusted to them. The Fund does not cover losses resulting from a lawyer's negligence, fee disputes, or cases of legal malpractice. The Fund's Commission does not have the authority to discipline attorneys, resolve fee disputes, or determine legal malpractice claims.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For more information,
contact Marshall Crowther:
(785) 296-4858

FOR IMMEDIATE RELEASE: May 20, 2002

Kansas Supreme Court Justice Edward Larson today announced his retirement effective September 4. He has been a member of the Court since September 1, 1995 and before that was a judge of the Court of Appeals since 1987.

Justice Larson said serving on the two Kansas appellate courts was rewarding and capped a legal career that began with his graduation from the Kansas University School of Law in 1960. "It has been an honor and a privilege to serve the citizens of Kansas as a member of both the Kansas Supreme Court and the Kansas Court of Appeals, Justice Larson said. Although retiring from the Court, Justice Larson said he hopes to continue his judicial service as a senior judge.

Justice Larson was born in rural Lincoln County, KS, on August 30, 1932. He was graduated from Kansas State University in 1954 with a BS degree. He was commissioned a 2nd lieutenant in the United States Air Force and served on active duty from 1954-1957. While in law school, he was a member of the Order of the Coif, and Editor-In-Chief of the Kansas Law Review.

Before his appointment to the Court of Appeals, he was in general practice of law in Hays since 1960. His practice consisted of civil litigation in western Kansas district courts with an emphasis on real property, oil and gas, business, estates, and taxation. He served as Hays Municipal Judge from 1965 to 1972. He was secretary of the Northwest Kansas Bar Association from 1963-74 and was its president in 1983. He served on the Board of Governors of the Kansas Bar Association from 1982 to 1988.

He is a fellow of the American College of Trial Lawyers and the Kansas and American Bar Foundations. He has served on the Kansas Board of Law Examiners from 1977 to 1995 and as its chairman from 1992 to 1995. He has been a member of the Kansas Judicial Council Municipal Court Committee, the Kansas Judicial Council Probate and Trust Code Committee, and the Kansas University Law Society of which he was president in 1981. He has served as a member of the Governor's Committee on Children and Families and the Kansas Children's Cabinet.

He has been a member of St. Michael's Episcopal Church in Hays and is currently a member of Grace Episcopal Cathedral in Topeka. He and his wife, the former Mary Loretta Thompson, of Goodland, have three grown children, Sarah, John, and Mary Elizabeth, and six grandchildren.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

January 16, 2002

For more information,
contact Ron Keefover
Education-Information Officer

The Supreme Court has appointed Donald L. Zemites, Kansas City, KS, to executive director of the recently created Kansas Impaired Lawyer Assistance program, a statewide assistance program to further combat problems resulting from mental infirmity, disorder, or addiction to or excessive use of drugs and alcohol.

The program is being funded exclusively from attorney registration fees. Zemites will be devoting half time to the position.

Justice Donald L. Allegrucci, who presented the proposal to the Supreme Court, said the Zemites will be supported by an 11-member board and volunteer attorneys who will serve as counselors. He noted that there has been an impaired lawyer committee of the Kansas Bar Association for many years; however, much of its work is confined to urban areas. The new program is designed to reach all areas of the state, particularly in the more rural parts, to enhance statewide coverage.

The primary purposes of the program are to protect clients from harm caused by impaired lawyers, assist impaired lawyers in recovery, and education the bench and bar to the causes of and remedies for impaired lawyers.

"The bottom line is that we want to provide immediate and continuing help to lawyers who suffer from physical or mental disabilities that result from disease, disorder, trauma, or age and that impair their ability to practice," Justice Allegrucci said.

"Depression, drugs, and alcohol are recurring problems that surface in attorney discipline cases that come before us," he said.

He has been in private practice since 1975 and before that served as a corporate attorney and director of employee relations for a private corporation. He received his law degree from the University of Missouri at Kansas City in 1968 and was graduated from Pittsburg State University in 1959.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For more information,
contact Ron Keefover
Education-Information Officer

FOR IMMEDIATE RELEASE: January 8, 2002

Thursday, January 10th, marks the 25th anniversary of the re-establishment of the Kansas Court of Appeals, the state's intermediate appellate court, Chief Judge Gary W. Rulon said.

The Court was re-established on January 10, 1977, after its predecessor court was sunsetted by the legislature in 1901, which coincided with the expansion of the Supreme Court from its original three members to seven, the same number.

Since 1977, the Court of Appeals caseload has grown from approximately 400 appeals filed then to a current total of more than 1,700. Growing proportionately have been the number of appeals decided by the now 10-member Court with the court filing between 1,200 and 1,500 opinions annually. The opinions are in addition to dispositions of literally thousands of motions filed each year.

The court traditionally has met in three-judge panels at locations throughout the state to save litigants and counties the cost of sending attorneys to Topeka to argue appeals. However, due to the current fiscal crisis confronting the courts, the travel has been eliminated.

Further change for the court is anticipated with enactment of legislation last year that will expand the court to 14 members by adding one judge each January 1st from 2003 until 2006.


Office of Judicial Administration
Kansas Judicial Center
301 SW 10th
Topeka, Kansas 66612-1507
(785) 296-2256

For more information,
contact Ron Keefover
Education-Information Officer

FOR IMMEDIATE RELEASE:   January 3, 2002

Clients of former Topeka attorney Michael Broemmel have been paid a collective $163,650 from the Lawyers' Fund for Client Protection, according to a report released today by the Office of the Clerk of Appellate Courts.

Broemmel is among 18 attorneys whose conduct resulted in payments to 53 former clients during the period between July 1, 2000, and December 31, 2001 totaling $211,160. The Fund, which is financed by Kansas lawyers through their annual registration fee, was created by the Kansas Supreme Court in 1993 to reimburse clients for the dishonest conduct of their attorneys. No tax funds are expended.

Payments to former clients of Broemmel accounted for 23 of the claims and a total dollar payment of $163,650. Other attorneys whose conduct resulted in loss payments by the Fund include Felix G. Kancel, Kansas City, Kansas, $600; John W. Cole, Ottawa, $1,246; Michael M. Moran, Overland Park, $500; John B. Gage II, Overland Park, $1,850; James C. Trickey, Overland Park, $460; John F. McGee, Wichita, $650; Robert L. Morse, Olathe, $750; Ronald D. Heck, Topeka, $25,000; Robert R. Arnold, Wichita, $500; George W. Swisher, Oskaloosa, $150; Terri Stroh Tweedly, Overland Park, $7,600; Lynn L. Perkins, Howard, $1,000; Byron J. Moore, Wichita, $750; Jack M.N. Shelton, Topeka, $3,000; Marlin Johanning, Atchison, $534; Carl A. Fleming, Eudora, $420; and Bradly Johnson, Olathe, $2,500.

Kansas operates with a $50,000 cap for any individual claimant and a $200,000 cap for claims against any attorney. Eligible claims must arise from the dishonest conduct of an active member of the bar in the course of a lawyer-client relationship and by reason of that relationship, and must be filed within one year after the claimant knew or should have known of the loss. "Dishonest conduct" includes intentional dishonesty as well as refusal to refund unearned fees.

The Fund does not cover losses resulting from a lawyer's negligence, fee disputes, or cases of legal malpractice. The Fund does not have the authority to discipline lawyers, resolve fee disputes, or determine legal malpractice claims.

The Fund is administered by the Client Protection Fund Commission, which consists of seven members-one judge, four lawyers and two nonlawyers. Current commission members include Greg Musil, chair, Overland Park; Beth Fager, vice chair, Topeka; Kent Cornish, Wichita; Amy S. Lemley, Wichita; Ward Loyd, Garden City; Judge David L. Stutzman, Manhattan; and William R. Sampson, Overland Park.

Currently, there are 9,382 registered active attorneys in Kansas. Since the Supreme Court established the Fund in 1993, there have been 113 claims resulting in payments against 44 attorneys and a total of $641,848 paid out in claims.