TOPEKA—District Judge David Hauber of the 10th Judicial District has been appointed to sit with the Kansas Supreme Court to hear oral arguments in one case on the court's September 14-18 docket conducted entirely by videoconference.
Oral arguments will be livestreamed on the Supreme Court YouTube channel.
After hearing oral arguments, Hauber will join Supreme Court justices in their deliberations and decision drafting.
"The Supreme Court looks forward to Judge Hauber hearing a case with us. He will read the case materials, prepare for oral argument, and deliberate with the court on its decision," said Chief Justice Marla Luckert. "We thank Judge Hauber for helping us, especially because we know he already has a significant caseload in district court to handle."
Hauber was appointed a district judge in 2008 in the 10th Judicial District, which is Johnson County.
“I am honored to participate in hearing this interesting case," Hauber said. "So often trial judges must make decisions alone, and this will be an opportunity to view the appellate process in collaboration with other judges. I look forward to it.”
Hauber earned a bachelor's degree in journalism from the University of Kansas. He was a newspaper reporter and editor before earning a law degree from the University of Kansas School of Law. He was an attorney in private practice for 25 years before becoming a judge.
Hauber will hear one case at 11 a.m. on the September 17 docket:
Appeal No. 117,725: Howard Johnson III v. U.S. Food Service et al.
Workers Compensation: U.S. Food Service seeks review of the Court of Appeals, finding the Kansas Legislature's adoption of the Sixth Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment to replace the Fourth Edition of the same violates Section 18 of the Kansas Constitution Bill of Rights and the Due Process Clause of the 14th Amendment to the U.S. Constitution. The Court of Appeals struck down various Kansas statutes referencing the Sixth Edition because the adoption of such provisions has "emasculated" the workers compensation scheme to the point it no longer constitutes an adequate substitute remedy for an injured worker's right to bring a common-law action. Both U.S. Food and the Kansas Attorney General filed petitions for review. Issues on review are whether: 1) the change in K.S.A. 2015 Supp. 44-501e, which requires the use of the Sixth Edition, violates Section 18 of the Kansas Constitution Bill of Rights and the Due Process Clause of the 14th Amendment to the U.S. Constitution; and 2) the reduction in the workers compensation awards diminishes or abrogates a remedy protected by due process without promoting the general welfare and without providing an adequate substitute remedy.