[16th Dist. Rules]

The 16th Judicial District Rules

LOCAL COURT RULE NO. 1

 

This Judicial District reaffirms and adopts Supreme Court Rule No. 140 concerning Pretrial Conference procedure with one additional provision as follows:

(a) The pretrial conference contemplated by K.S.A. 60-216 shall be held before a judge with court participation throughout. The pretrial conference shall be held at least two (2) weeks prior to the trial.

(b) The pretrial conference is predicated upon discovery being completed and the parties being prepared to complete the procedural steps recited herein. If additional witnesses or evidence is discovered after the pretrial conference, the discovering party shall immediately make this known to all parties and the court in writing.

(c) Parties may be present at the pretrial conference and shall be present when ordered by the court.

(d) The pretrial conference will be conducted by an attorney who will participate in the trial of the case.

(e) The court shall prepare the pretrial order or designate counsel to do so.

(f) Should counsel object to the pretrial order, he shall state his objections in writing and forward his objections and the pretrial order to the court within (10) days.

(g) The pretrial conference will be conducted substantially in conformity with the following procedural steps:

( 1) Plaintiff will state concisely his factual contentions and the theory of his action.

( 2) Defendant will state concisely his factual contentions and the theories of his defenses and claims for relief.

( 3) The court will rule upon any proposed amendments.

( 4) Court and counsel will confer as to matters not disputed and request will be made for admissions and stipulations.

( 5) Names and addresses of witnesses who will be called will be submitted in writing and counsel will be prepared to state the essence of their testimony.

( 6) All exhibits which parties intend to use at the trial shall be known to the court and opposing counsel and may be marked for identification and admitted into evidence.

( 7) The court will rule on any motions for dismissal, judgments on pleadings or summary judgments.

( 8) Counsel will state if a jury is requested, if a jury of less than twelve (12) will be accepted, and time required for trial.

( 9) A guardian ad litem will be appointed if advisable.

(10) Limitations upon the number of expert and cumulative witnesses for each side will be considered and ruled upon.

(11) The issues of fact will be stated by the court.

(12) The questions of law will be stated and the court will rule thereon.

(13) questions of evidence will be stated and the court will rule thereon.

(14) Problems relative to jury instructions will be stated and the court will rule thereon.

(15) The position of parties relative to settlement shall be considered and the possibility of settlement explored.

(a) If a settlement conference is held, each party shall have someone who has authority to settle the case present.

(b) If an arbitrator is utilized, the parties shall split the cost associated with this service.

(16) If the court authorizes the filing of briefs, the time of filing shall be specified.

(17) Any procedures that may aid in the disposition of the case will be determined, including submission on special verdict or general verdict and interrogatories, consolidated or split trials, reference to a master, less than twelve (12) jurors and less than unanimous verdict.

(18) If any witness is expected to require the service of an interpreter, the party or party's attorney calling the witness shall inform the Court of the need and shall confirm with the Court, and opposing counsel, the availability of an interpreter for trial. This is to be done at pretrial, or if no pretrial then within seven days of hearing if a witness needs other than a Spanish interpreter.


LOCAL COURT RULE NO. 2

No continuance of a trial or scheduled hearing shall be had unless the following procedure is complied with:

1) Application for continuances of hearings and trials shall be made in writing specifying the grounds in support thereof, and a copy thereof shall be served upon the opposing counsel. Such application shall be supported by affidavits or shall be verified by counsel.

2) Written orders granting the continuance will be prepared by the moving attorney and shall be made available to the court at the time the application is heard.

3) Continuances by agreement of counsel will not be effective unless approved in writing by the court more than seventy-two (72) hours prior to the time set for the hearing or trial.

4) No application for continuances shall be considered by the court unless filed more than seventy-two (72) hours prior to the time set for hearing or trial, except where the court finds an emergency to exist.

5) Counsel requesting a continuance shall be responsible for notifying all subpoenaed witnesses if the continuance is granted.

6) The court may assess necessary costs upon the moving party or party necessitating continuance if found to be equitable.

7) This order shall apply to all divisions of the District Court.


LOCAL COURT RULE NO. 3

Rule No. 164 of the Rules of the Supreme Court is hereby readopted and reaffirmed as being the governing rule in requiring factual statements to be filed in divorce cases. In all divorce cases, a written inventory and fact sheet shall be prepared by counsel and furnished to the court at or prior to the trial. The inventory and fact sheet shall include:

1) Names, dates of birth and social security numbers of both parties.

2) Names and ages of minor children of the marriage.

3) Names and ages of minor children of previous marriages and facts as to custody and support payments.

4) Current income, if any, of each of the parties. If the income consists of wages and salary, state the gross amount, the amount and nature of deductions and the net per month.

5) Cash and assets equivalent to cash of the parties, and ownership (joint or individual).

6) Other personal property, including policies of insurance, identified as to nature of description, ownership (joint or individual) and actual or estimated value.

7) Real property identified as to description, ownership (joint or individual) and actual or estimated value.

8) Identification of property, if any, acquired by each of the parties prior to marriage or acquired during marriage by a will or inheritance.

9) Debt obligations, including alimony, identified as to name or names of obligor or obligors and obligees, balance due and rate at which payable, and, if secured, identify the encumbered property.

The Domestic Relations Affidavit described herein may be used for purposes stated in Supreme Court Rule No. 139 and Local Court Rule No. 4.

In contested divorce cases, the statements shall be exchanged by counsel before trial.


LOCAL COURT RULE NO. 4

EX PARTE ORDERS

Every ex parte order issued under K.S.A. 60-1607 shall comply with Supreme Court Rule #139, and contain a notice scheduling a hearing to review the order within ten (10) days after the date the order is issued. A copy of the notice shall be served with the order on the responding party. The ex parte order shall remain in effect until the hearing date, at which time the Court may affirm, modify or vacate the order. Failure to schedule or have the hearing required by this rule shall cause the ex parte order to expire ten (10) days after the date it was issued, unless the hearing is continued by the Court upon motion of any interest party.

If the responding party requires a hearing within ten (10) days, the said hearing shall be heard and the party obtaining said ex parte order will be required to adjust their schedule so that said hearing can be heard.

LOCAL COURT RULE NO. 5

FIREARMS

Uniformed Law Enforcement Officers may appear in the courtroom as witnesses or otherwise with their sidearms. No other person may wear or carry a concealed or visible firearm into the courtroom even if licensed to so carry, unless it is an unloaded firearm brought to be an exhibit in a case.


LOCAL COURT RULE NO. 6

CHAPTER 61 ACTIONS & DIVORCE ACTIONS

In Chapter 61 actions where an answer is filed, or an appearance and denial by a defendant is noted in the court file, the case may be deemed at issue and a trial necessary. The case shall be entered on the trial docket and may be noticed up for trial by any party at any time. After the expiration of 45 days of the date the answer is filed or a denial is made in open court, continuances may be granted for good cause shown only.

If no action is taken within 180 days after the answer is filed, or when no answer is filed 180 days after the summons is issued, the case shall be dismissed without prejudice with leave to re-file.

All divorce cases shall be deemed ready for trial upon the expiration of the 60 day period. If said case is not motioned up for discovery conference, pretrial, or trial within 90 days thereafter, said case shall be dismissed without prejudice with leave to re-file.

Continuances may be granted for good cause shown only.


LOCAL COURT RULE NO. 7

FOR CIVIL ACTIONS:

DISCOVERY CONFERENCE:

90 days after an action is filed notice will be sent to the parties that a discovery conference will be set.

NOTICE OF PRETRIAL:

120 days from the date of the discovery conference the contested matter will go on a pretrial docket.

DATE OF TRIAL:

If possible the trial will be set during the pretrial conference, but if it is not set during, then immediately after the pretrial conference, the case will be set on the trial docket.

COURT CASES:

6 months from the day a court case is filed the matter shall be placed on the active trial docket. The Clerk of the District Court will maintain two trial calendars, one for jury cases and one for court cases.


LOCAL COURT RULE NO. 8

LIMITATION ON FREQUENCY OF GARNISHMENTS

Except as provided in this rule, no more than two (2) garnishments shall be issued out of this court applicable to the same claim or claims and against the same judgment debtor in any thirty (30) day period.

A judge of this court may order an exception to this rule in any case in which the party seeking the garnishment shall in person or by an attorney:

(a) certify that the garnishment is not for the purpose of harassment of the debtor; and

(b) state facts demonstrating to the satisfaction of the judge that there is reason to believe that the garnishee has property or credits of the debtor which are not exempt from execution.


LOCAL COURT RULE NO. 9

CASE ASSIGNMENTS (Effective January, 2007)

FORD COUNTY:

Criminal, domestic, and general civil cases will be assigned in rotation among the three district judges: Judge Love, Judge Hood, and Judge Hampton.

GRAY AND KIOWA COUNTIES:

Motion days in Gray County are to be conducted the 1st, 3rd, and 4th Tuesday commencing January 2, 2007 (unless scheduling conflicts occur.) Cases assigned to Judge Hood will be scheduled the 1st Tuesday; cases assigned to Judge Hampton will be scheduled the 3rd Tuesday; and cases assigned to Judge Love will be scheduled the 4th Tuesday. The Judges are to be in Gray County in the morning starting at 9:30 a.m.

Motion days in Kiowa County are to be conducted the 1st, 3rd, and 4th Wednesday commencing January 2, 2007 (unless scheduling conflicts occur.) Cases assigned to Judge Hood will be scheduled the 1st Wednesday; cases assigned to Judge Hampton will be scheduled the 3rd Wednesday; and cases assigned to Judge Love will be scheduled the 4th Wednesday. The Judges are to be in Kiowa County in the morning starting at 1:30 p.m.

COMANCHE, MEADE AND CLARK COUNTIES:

Cases are to be divided so that each Judge Hood and Judge Hampton are assigned alternating cases in criminal, domestic, and civil divisions.

Motion days in Meade County are to be conducted the 1st and 3rd Tuesday commencing January 2, 2007 (unless scheduling conflicts occur.) Cases assigned to Judge Hood will be scheduled the 1st Tuesday; cases assigned to Judge Hampton will be scheduled the 3rd Tuesday. The Judges are to be in Meade County in the afternoon starting at 1:30 p.m.

Motion days in Comanche County are to be conducted the 1st and 3rd Wednesday commencing January 2, 2007 (unless scheduling conflicts occur.) Cases assigned to Judge Hood will be scheduled the 1st Wednesday; cases assigned to Judge Hampton will be scheduled the 3rd Wednesday. The Judges are to be in Comanche County in the morning starting at 9:30 a.m.

Motion days in Clark County are to be conducted the 1st and 3rd Thursday commencing January 2, 2007 (unless scheduling conflicts occur.) Cases assigned to Judge Hood will be scheduled the 1st Thursday; cases assigned to Judge Hampton will be scheduled the 3rd Thursday. The Judges are to be in Clark County in the morning starting at 9:30 a.m.


LOCAL COURT RULE NO. 10

APPLICATION FOR APPOINTMENT OF COUNSEL

All criminal defendants desiring the appointment of counsel may make application for determination of indigency and appointment of counsel only after they have prepared and fully completed an Affidavit of Financial Condition Made to Obtain Legal Services and cause the same to be filed before the application is heard in Court. The approved form of the Affidavit as adopted by the Aid to Indigent Defendant Panel is attached and should be made available to all Attorneys, County Sheriffs and Defendants.

REIMBURSEMENT TO ATTORNEYS

Attorneys providing services to indigent defendants must submit vouchers for reimbursement which include an itemized time sheet explaining in full detail all defense services, including subjects and purposes of research. Vouchers submitted without a detailed time sheet will be returned for additional information.

COMPENSATION FOR INTERPRETING SERVICES

Individuals performing services as interpreters shall be compensated at a rate not to exceed $20.00 per hour.


LOCAL COURT RULE NO. 11

The Clerks of the District Court of the Sixteenth Judicial District shall have the authority to recall all traffic warrants when payment has been received from violators of traffic rules and regulations.


LOCAL COURT RULE NO. 12

Effective October 5, 1987, all attorneys regularly practicing before the court of this judicial district shall prepare in accordance with the applicable statutes of the State of Kansas or Supreme Court Rule in completed form for filing with the Clerk of the Court the following:

Summons pursuant to K.S.A. Ch. 60 and 61
Third Party Summons pursuant to K.S.A. Ch. 60 and 61
Summons Notice by Mail - by Party
Praecipe for Subpoena
Subpoena
Praecipe for Subpoena - Duces Tecum
Subpoena - Business Records (By Mail)
Subpoena Duces Tecum
Subpoena Duces Tecum - Business Records
Praecipe for Execution
Praecipe for Execution - Special
Execution - General Form
Special Execution
Execution - Personal Property Tax Judgment
Request for Garnishment
Order of Garnishment (Wage) Defendant as Judgment Debtor
Order of Garnishment (Wage) Plaintiff as Judgment Debtor
Order of Garnishment (Non-Wage) Defendant as Judgment Debtor
Order of Garnishment (Non-Wage) Plaintiff as Judgment Debtor
Praecipe for Subpoena - Juvenile
Subpoena - Juvenile
Child Support Enforcement pursuant to K.S.A. 23-4-105 through 23-4-118, K.S.A. 23-4, 136, K.S.A. 23-483-487, and K.S.A. 60-1613.

If the Clerk of the Court determines that said documents are not in completed form the Clerk may at his or her discretion return same to counsel for completion before filing.


LOCAL COURT RULE NO. 13

As provided by law, there is hereby established in the Sixteenth Judicial District of Kansas, a Voluntary Panel for Indigent Defense Services, to represent those persons who shall appear before the various District Courts in this District who have been determined by the Court as indigent.

The panel of volunteer attorneys eligible for assignment to represent indigent persons in each County in the District, for both State and County compensated appointments, is attached hereto as Exhibits A-F, inclusive, and made a part hereof. The panel shall be effective for the period indicated on the exhibit unless otherwise modified by the Administrative Judge as provided by statute, rule or regulation.

In addition to the A.I.D.S. Regulations governing the operation of said panel, the following local rules shall apply:

  1. The conditions imposed by K.A.R. 105-3-2 will be utilized to determine eligibility of counsel to serve on cases covered by said regulation. It is understood that those conditions may be waived by the Court as provided in the regulation, and counsel is further advised that they may elect to withdraw from an appointment in which they determine he or she is not competent to represent the defendant due to the nature or severity of the charge(s). All such requests must be timely and upon motion and order of the Court per Supreme Court Rule No. 117.

  2. Any attorney on the panel who is appointed to a defendant charged with a severity level 1, 2, or 3 non-drug or level 1 or 2 drug felony, which has been docketed for trial by jury, may, at his or her election, request to be passed for three (3) subsequent appointments. All such requests shall be made either orally or in writing to the clerk of magistrate judge administering the appointment of counsel.

  3. In those cases meeting the criteria of an "exceptional case", as defined by K.A.R. 105-5-8, counsel shall present to the assigned judge an order setting forth specific findings which form the basis for a determination that the case is exceptional. Said order shall be accompanied by counsel's claim voucher and any other materials which may aid the Court in approving the order.

  4. Any attorney whose name appears on the voluntary panel may elect to withdraw from such panel at any time during the period of his or her enlistment. All such requests must be in writing and submitted to the Administrative Judge. Except for good cause shown, counsel shall not be permitted to withdraw from those cases he or she has pending at the time the request is submitted, although no further appointments shall be made.

  5. Any attorney whose name does not appear on the voluntary panel may elect to join such panel upon submission of a written request to the Administrative Judge.

  6. In those counties in the District in which the panel of voluntary attorneys shall prove inadequate or no attorneys have enlisted, the district or magistrate judge of said county may solicit an attorney from another panel in the same or different county to represent an indigent party. The attorney shall not be bound to accept the appointment, however, and may accept or reject the appointment at his or her discretion.

  7. Compensation for the County Panels shall be legislated by the various Boards of County Commissioners of the counties throughout the District as promulgated by resolution or policy.

  8. Minimum standards of representation are further required on attorneys representing indigent clients. Attorneys are required to meet with their clients prior to any scheduled hearing, review the court file and available investigative reports so that they can arrive on time and be prepared to proceed with the hearing when scheduled. Failure to abide by these minimum standards is to be considered by the judges when signing vouchers for payments of these services.


LOCAL COURT RULE NO. 14

The following policy is hereby established concerning the presentation of vouchers for compensation for representation due to appointment from a county panel:

Vouchers are to be submitted to the Clerk of the District court 30 days after the termination of all criminal cases, at 90 day intervals during the pendency of child in need or juvenile cases, and 30 days within the termination of all other cases.


LOCAL COURT RULE NO. 15

Any instrument (orders, journal entries, etc.) requiring a Judge's signature will not be time-stamped prior to being signed by a judge.

In the event an order needs to be signed in another county, the judge should write the date and time of signing beside his or her signature and it will then be time-stamped as soon as possible in the appropriate clerk's office.


LOCAL COURT RULE NO. 16

Pleading required to be in the court file for a hearing must be presented and file-stamped no later than 4:00 p.m. of the business day preceding the date of hearing.

BY ORDER OF THE COURT this 26th day of July, 1989.


LOCAL COURT RULE NO. 17

ESTABLISHMENT OF OFFICE OF DISTRICT COURT TRUSTEE AND APPOINTMENT OF DISTRICT COURT TRUSTEE; AND CHANGES IN MANDATORY LANGUAGE IN CUSTODY AND SUPPORT ORDERS.

  1. The Office of the District Court Trustee as provided for in K.S.A. 23-494 and amendments thereto, is hereby established for the 16th Judicial District, effective January 1, 1991.

  2. The District Court Trustee shall be authorized and empowered to pursue all civil remedies which would be available to the obligee in establishing and enforcing payment of support and may also file motions for an increase or a decrease of the amount of support on behalf of any child. Any such motion to modify the amount of support shall not be heard until notice has been given to the obligee, the obligor and their attorneys of record, if any.

  3. The District Court Trustee shall have the following additional powers and duties:

    a) To issue summonses, subpoenas and subpoenas duces tecum to obligors, obligees and other witnesses who possess knowledge or books and records relating to enforcement of support to appear in the Office of the District Court Trustee or before the district court for examination;
    b) To administer oaths and take sworn testimony on the record or by affidavit;
    c) To appoint special process servers as required to carry out the District Court Trustee's responsibilities under this section;
    d) To enter into stipulations, acknowledgments, agreements and journal entries, subject to approval of the Court;
    e) If an obligor desires to contest an order of income withholding, the District Court Trustee shall set a hearing to permit the obligor to assert any affirmative defenses authorized by K.S.A. 23-4110;
    f) To act as "prosecuting attorney" in Uniform Interstate Family Support Act (UIFSA) cases pursuant to K.S.A. 23-9101, et seq.

  4. Upon the filing of a written motion and notice, a party may request to have their case exempted from monitoring and enforcement of the support obligation by the District Court Trustee. At a hearing after notice is given to all parties of record, the presiding judge shall make a determination as to whether good cause exists to warrant a support case being exempted from the District Court Trustee program services. The presiding judge may grant the exemption if the following good cause criterion are applicable in the case:

    a) Not presently receiving services under the Title IV-D program;
    b) All child support payments within the last 12 months have been made according to Court order;
    c) Any obligation to pay noncovered or deductible medical and related expenses have been timely paid within the last 12 months;
    d) No material change of circumstance exists which would be a basis for a modification of current child support;
    e) There are no pending custody or visitation issues;
    f) There has been no court hearing concerning enforcement of child support payments in the last two years;
    g) The children in question are covered by medical insurance;
    h) No motion requesting an exemption from the District Court Trustee program has been filed in the previous six months;
    i) If the request is granted, obligor is required to file an annual accounting of payment with the Clerk of the District Court (see K.S.A. 60-1610).

  5. A party receiving child support payments currently enrolled in the Title IV-D program may be transferred to the District Court Trustee program under certain conditions. The criteria to change enforcement of child support payments from Title IV-D classification to the District Court Trustee are as follows:

    a) There is no current assignment of rights to receive child support to the State of Kansas;
    b) There is no judgment in the case for any amounts owed to the State of Kansas or any agency thereof, which remains unpaid at the time of the transfer request;
    c) There is no arrearage which all or any portion is owed to the State of Kansas or any agency thereof;
    d) A written motion and notice of hearing has been filed and served on all parties of record asking for the transfer to District Court Trustee program.

  6. The Kansas Payment Center shall continue to collect, disburse, and receive payments for child support and maintenance; to maintain complete, accurate and clear records of all payments and their disbursements, and to furnish to the District Court Trustee on such forms as are provided the information to carry out and enforce the duties, obligations, and responsibilities as required above. Until further order of this court, the Kansas Payment Center shall promptly furnish the necessary data concerning any obligor for child support or maintenance who is delinquent in paying such amounts.

  7. To defray the expenses of operation of the District Court Trustee's office, the District Court Trustee is obligated to charge the amount of 4% of the funds collected from all obligors for child support either initiated by orders of the district court issued for payment of child support after January 1, 1991, or by orders issued after that date which modify orders issued prior to January 1, 1991, unless exempted as provided in paragraph 4 above. All such amounts collected shall be withheld from child support payments made through the Kansas Payment Center and shall be paid to the county responsible for the maintenance of this account.

  8. Mandatory Language in Support Orders. Each order for maintenance or support entered in this district after the effective date of this rule shall include the following provisions unless alternative language is specifically ordered:

    a) "IT IS FURTHER ORDERED that all child support and maintenance payments shall be made payable to the order of the Kansas Payment Center except for good cause shown; and that each party shall inform the Clerk of the District Court, or the District Court Trustee if involved, in writing, of any change of name, residence, and employer with business address withing seven (7) days after such change."
    b) "IT IS FURTHER ORDERED that pursuant to K.S.A. 23-4107 withholding of income to enforce the order of support shall take effect immediately by way of a separate income withholding order to be prepared by or for the obligee and the same shall be served on the obligor's employer."
    c) Every order shall specify the payment period and the date or dates of the month on which the same shall become due and that the same "shall be distributed: 4% to the District Court Trustee fund and the balance to the payee. A total of 4% will be withheld by the State of Kansas if the recipient is Title IV-D qualified."
    d) The residence and business address of each party shall be included in any final order of support or maintenance.

  9. In all cases which the District Court Trustee appears as counsel of record, the Trustee shall act as independent counsel and not be deemed or considered as the legal representative of any party, other than the State of Kansas and/or the Department of Social and Rehabilitation Services.

LOCAL COURT RULE NO. 18

APPOINTMENT OF THE DISTRICT COURT TRUSTEE

  1. Whereas by Administrative Order No. 17 the Office of the District Court Trustee has been established for the district, effective January 1, 1991.

  2. Therefore pursuant to the provisions of K.S.A. 23-494 and amendments thereto, a District Court Trustee is to be appointed for the 16th Judicial District, which will be done by letter of appointment and contract with the Administrative Judge. The contract will be effective from September 1st of each year, until August 31st of the following year, at which time the Administrative Judge will make a subsequent appointment. Such District Court Trustee shall be compensated as directed by the provisions of K.S.A. 1985 Supp. 23-497 and the contract entered into between the Court and Trustee.


LOCAL COURT RULE NO. 19

There is hereby established in the 16th Judicial District of Kansas, a Court Appointed Special Advocate Program (CASA) which, when directed by the Court, shall investigate those facts and circumstances affecting the welfare of a child for whom appointed, and to advocate the best interests of the child and assist the Court in obtaining for said child the most permanent, safe, and homelike placement possible.

The CASA program, which has elected to be called "Children Worth Saving, Inc.," shall be administered by the District Court and subject to the rules, regulations, and standards set forth in Supreme Court Rule No. 110 and the following local policies and procedures:

  1. To any child that is alleged to be, or has been adjudicated, a child in need of care or a juvenile offender as defined by law. In addition, the Court may appoint a CASA to any child that is involved in a domestic relations dispute. However, the Sixteenth Judicial District will first concentrate on using the CASA program with the child in need of care cases. Once the program grows enough and there are enough volunteers to handle other cases, then juvenile offender cases will be handled next. If there are enough volunteers in the program, the last category to be served will be children involved in domestic relations disputes. Upon motion of any party, or upon its own motion, the Court may appoint a CASA to any child that is alleged to be, or has been adjudicated, a child in need of care as defined by law. All such orders of appointment shall be in accordance with K.S.A. 38-1505(a) and shall authorize the CASA to carry out those duties prescribed by Supreme Court Rule No. 110. The Order of Appointment shall comply in form and substance to Exhibit A as annexed hereto and shall be signed by the Judge assigned and delivered to the Clerk of the District Court, Juvenile Division, for filing.

  2. The Clerk of the District Court shall file the Order of Appointment in the pending proceedings and provide file-stamped copies of said Order to the Ford County Attorney; guardian ad litem; counsel for the parents or the parents, if pro se; CASA; SRS; and any other party or agency as designated in the Order.

  3. Upon receipt of a copy of the Order of Appointment, Children Worth Saving, Inc., through its director, shall select an appropriate and qualified volunteer and file with the Clerk of the District Court a Notice of Assignment designating the name of said volunteer. Children Worth Saving, Inc. shall thereafter direct copies of said Notice of Assignment to the Ford County Attorney; guardian ad litem; counsel for the parents or parents if counsel is appointed or the parent or parents, if pro se; the CASA volunteer; SRS; and any other party or agency as reflected on the Order of Appointment. The Notice of Assignment shall comply in form and substance to Exhibit B as annexed hereto.

  4. Upon designating the assigned CASA volunteer, the CASA Director shall prepare and cause to be executed before the Clerk of the District Court or Deputy Clerk an oath subscribed by the volunteer, which oath shall be filed with the Clerk of the District Court in said proceedings. The form of said oath shall comply in substance to Exhibit C as annexed hereto.

  5. In the event an alternate or substitute CASA volunteer becomes necessary, the Director of CASA shall comply with the provisions of paragraphs 3 and 4 above as it applies to the alternate or substitute volunteer.

  6. The director of Children Worth Saving, Inc. shall be entitled to complete access to all juvenile court files, including the social file, in which a CASA volunteer has been assigned. The volunteer assigned upon filing of the oath shall also have complete access to the file of the juvenile assigned. The authority granted under this provision shall permit the copying of said file in the office of the Clerk of the District Court by CASA but does not permit the removal of the original court file from the clerk's office.

  7. In the event a grievance or conflict should arise concerning the Children Worth Saving, Inc. program, such grievance or conflict shall be stated in writing and presented to the Administrative Judge for resolution. Any conflict or grievance concerning a volunteer shall be referred to the Director and the District Magistrate Judge assigned for resolution.

  8. The District Magistrate Judge assigned may at any time during the pendency of a matter, issue an order terminating the appointment of the CASA. The Court acting within its discretion may issue said order upon motion of any party or upon its own motion. The Court shall issue such order or ensure that such order is included within the journal entry when said proceedings have reached a judicial conclusion and no other court intervention is foreseen or warranted. An order of termination shall substantially comply with Exhibit D as annexed hereto.

  9. A CASA volunteer, once appointed, shall be given notice of all court hearings, involving the child or children and shall receive copies of all orders, journal entries, pleadings, reports, and evaluations from the party or agency causing the same to be filed in the District Court.

  10. A CASA volunteer with Children Worth Saving, Inc. must voluntarily submit to a drug screening test upon the request of the director of Children Worth Saving, Inc., within the allotted time requested, and at the expense of Children Worth Saving, Inc.

The following forms may be viewed/downloaded/printed as part of Rule 19:

Exhibit A - Order Appointing CASA
PDF or WordPerfect or Rich Text Format

Exhibit B - Notice of Assignment of CASA Volunteers

PDF or WordPerfect or Rich Text Format

Exhibit C - Oath of CASA Volunteer

PDF or WordPerfect or Rich Text Format

Exhibit D - Order Terminating CASA Appointment

PDF or WordPerfect or Rich Text Format

LOCAL COURT RULE NO. 20

CERTIFICATION OF PRE-SENTENCE ALCOHOL AND DRUG EVALUATORS

With the assistance, advice, and counsel of a task force composed of prosecutors, court services, treatment facilities, and judges, the Court has promulgated the following criteria which must be complied with by any individual or agency asking for certification to perform pre-sentence alcohol and drug evaluations for the Court:

  1. The individual or agency must be an active member of the Kansas Alcohol/Drug Counselors Association.

  2. All evaluations must be completed by persons within the 16th Judicial District.

  3. The agency or individual must provide three to five letters of support from members of professional or government organizations for whom they have provided services.

  4. No individual seeking certification may have pending criminal charges nor severe traffic charges. Any felony convictions must have been expunged.

  5. The evaluator must be a non-abuser of either drugs or alcohol but may be a recovering person who has been in recovery for a minimum of three (3) years.

  6. The individual or agency performing the evaluation must have bilingual capability to deal with non-English speaking clients.

  7. An evaluation report format should be attached to application for certification. The minimum standards for such format should be as follows:

    a. One or more written tests that are performed and identified by name.

    b. An oral interview which would cover the social history of the client, his age, employment, his history of abuse, and marital status.

    c. Conclusion and recommendations.

    An example format is attached which should be considered as a minimum standard.

  8. All persons or agencies seeking certification should agree to assess the statutory fee of $125.00 for each evaluation.

  9. All persons or agencies seeking certification should agree to provide a written evaluation within 14 days after referral from the Court.

April 19, 1991

Ford County District Court
P. O. Box 197
Dodge City, Kansas 67801

RE: JOHN DOE
      DOB 1-1-61

To Whom It May Concern:

Mr. Doe was evaluated for a drug and alcohol problem on the 17th day of April, 1991. John is a 30 year old white male and is currently employed by Excel in Dodge City. John was cooperative and polite throughout this evaluation.

He was given the Michigan Alcoholism Screening Test and the Substance Abuse Subtle Screening Inventory to aid in the evaluation. A personal interview was also done to aid in collecting the information for this evaluation. According to the results of the evaluation John is definitely an alcoholic. He has had prior treatment in 1990 and then went to a halfway house in Liberal, Kansas and stayed clean for only about 30 days. He has been drinking ever since that. His drinking at this time is very severe due to the progression of the disease of alcoholism. He indicates that there is a definite decrease in his tolerance to alcohol which also indicates the progression of his disease. John admits that he is unable to quit drinking on his own and does need some help with this but he hates to lose his job.

John has a long history of alcoholism and drug addiction. Due to the recent trouble he is trying to control his drinking but is not having much success. John also has an extensive history of drug usage. He used marijuana from high school up until 1985 and was very heavy in cocaine usage from 1984 to 1989. He claims to have been using cocaine by IV and also snorting and reports that he does not do any drugs now but alcohol. His most recent drinking was done on 4/15/91.

According to the results of the MAST this individual is definitely an alcoholic and openly admits to it. The SASSI indicates that the individual is an alcoholic and he is a highly defensive individual. The SASSI also indicates very low self esteem and a lack of the individual to accept the positive aspects of his life.

According to the results of these tests and a personal interview I recommend that this person enter an inpatient treatment program for his alcoholism. At this time it looks as if John would benefit from some extended help beyond treatment to help him establish a recovery program and allow his sense of self esteem to build.

If you have any questions regarding this evaluation, please contact me at this office at 620-555-5555.


 

Sincerely,

Susan Brown, BA/CADA


LOCAL COURT RULE NO. 21

INVESTMENT OF FUNDS IN SPECIAL ACCOUNTS

A Judge of the District Court may order that any monies in actions pending before the Court be invested in any local financial institution for safe keeping. The Court order, for investment of these funds, must specify that the attorney holding the monies shall be responsible for opening an interest bearing account in such financial institution for deposit of said funds prior to determination of ownership by the Court. No withdrawals shall be made unless ordered by the Court. Proof of such investment must be placed in and become a part of the court record and be retained by the Clerk of the District Court. Upon final determination by the Court as to the ownership of such invested funds, an order must be drawn directing the attorney who made the original investment to pay out all proceeds to the designated parties. Interest received from the investment of these monies shall become the property of the person or persons found to be the owners of the monies by the Court unless otherwise ordered.


LOCAL COURT RULE NO. 22

In addition to the method of service of process for garnishments in Chapter 61 cases set out in Chapter 161, Section 21, (g), of the 2000 Session Laws; the Sixteenth Judicial District will allow service of process to be obtained by personal or residential service or certified mail in Chapter 61 (Limited and Small Claim) cases.


LOCAL COURT RULE NO. 23

**LOCAL COURT RULE NO. 23 is heareby found to violate KSA 61-3608 and is therefore revoked as a Sixteenth Judicial District Court Rule.**


LOCAL COURT RULE NO. 24

In any divorce or determination of parentage case filed in the 16th Judicial District where there are minor children born of that relationship, the general rule is that the parents must attend and successfully complete a co-parenting class before the divorce will be granted. Such a class can be obtained through Betsy Morin who offers P.E.A.R.L. (Practical Everyday Advice for Real Living) classes which is a five-hour class that meets on two consecutive Monday nights in Dodge City. Similar classes that have been pre-approved by the Court will be accepted in lieu of the P.E.A.R.L. classes. The cost is to be paid by each participant unless other orders are entered.

In publication divorces, only the parent residing in this judicial district will be required to attend the parenting classes in instances where there are minor children of the parties.

Where one of the parties reside out of state, the classes can be taken through correspondence or by attending approved classes in the other state.

On a case-by-case basis, the presiding judge can, for good cause, release parties from the obligation to attend these classes.

Refusals to attend the co-parenting classes can be dealt with by contempt actions filed in the domestic case.

BY ORDER OF THE COURT this 31st day of July, 2002.


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Page updated: March 20, 2007