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The KBA Advocate is the weekly KBA legislative newsletter that contains up-to-date information on legislation that impacts your practice. It is only published when the legislature is in session and is sent to all KBA members electronically via the KBA Weekly.

 

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Top tags: Author: Joseph N. Molina III  2019 Session  2019-20  COVID-19  legislature  budget  2020 Legislative Session  election  Kansas Supreme Court  Brownback  Supreme Court  Court of Appeals  Judicial Branch  Medicaid expansion  school finance  Special Session  abortion  Emergency Management Act  Fall Legislative Conference  Gannon  Hard 50  merit selection  Sine Die  2016 Session  2017 session  2017-18  Alleyne  First Adjournment  judicial branch budget  judicial selection 

Big Push for First Adjournment

Posted By Joseph N. Molina III, Tuesday, February 24, 2015

This week the action was in the House Judiciary Committee where judicial selection resolutions were passed out favorably. These bills include the following:

Both bills passed on 13-9 votes and are now headed to the House floor. Timing is the issue now. The first major deadline for the session is turnaround on Friday, February 27. All bills not passed out of their house of origin are dead after this date; this does not include concurrent resolutions. It is likely that leadership will use this week to pass bills that would die if left till after the deadline then run the judicial selection bills.

However, the session is a fluid place and things change rapidly. If either of these resolutions comes up for debate, the KBA will mobilize our membership on short order. For those that are interested, please keep an eye out for a "Call to Action” email to be sent via a "KBA Alert.” This email will include links to both resolutions, links to legislators contact information, a sample email to use and talking points if anyone wishes to personally call their representative.

In addition, the KBA testified on SB 197, which makes the Supreme Court Nominating Commission (SCNC) a public body subject to the open records act.

Judge Karen Arnold-Burger, KSAJ, and KADC also opposed this bill. Sen. King believes that SB 197 is a technical fix that expands the transparency of the SCNC. He believes that issues can be fixed with simple changes and that no constitutional issues exist. You can find the KBA testimony online. This bill should be worked in short order.

The separation of powers issue is also very present in the recently filed lawsuit Solomon v. Kansas. Here Judge Solomon claims that last year’s judicial budget omnibus bill is unconstitutional. The lawsuit also claims that the omnibus bill was retaliation for the school finance ruling. Judge Solomon is represented by Pedro Irogonegaray

The Solomon case may very well bleed over into the Judicial Budget for FY 16/17. The subcommittee on agency budgets held a hearing on the judicial branch budget on Thursday, February 19. The judiciary presented a budget requesting an additional $8.5 million. This would be for operations in FY 16. The judicial branch explained that without these added funds the court would be forced to furlough. It is up to the legislature to fund this request or allow the courts to add additional surcharges. How this plays out remains to be seen.

Also, please visit www.ksbar.org to find any bills of interest in the KBA Bill Tracking Chart.

Tags:  2015 Session  budget  judicial branch  legislators  legislature  merit selection  Supreme Court 

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