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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  legislature  budget  election  Brownback  Supreme Court  Judicial Branch  school finance  Court of Appeals  Gannon  Hard 50  Kansas Supreme Court  Special Session  2016 Session  2017 session  2017-18  Alleyne  fall legislative conference  Senate  Sine Die  State of the Judiciary  2019 Golf Tournament  Caleb Stegall  conference  election day  First Adjournment  HCR 5005  House of Representatives 

Special Session Opens Today

Posted By Joseph N. Molina III, Tuesday, September 3, 2013
Updated: Tuesday, September 3, 2013

The Kansas Legislature reconvened at 8 a.m. today to finalize last week’s "Hard 50” proposal. Committees on both sides of the aisle will work this week to fix the sentencing structure for the most heinous of crimes. The Kansas Legislature is responding to a U.S. Supreme Court case that found certain sentencing guidelines to be unconstitutional when imposed by a judge and not a jury. The full opinion can be found online at http://www.kslegislature.org/li_2013s/documents/us_supreme_court_decision_alleyne_v_us.pdf/ and a report from the Special Committee on Judiciary can be found at http://skyways.lib.ks.us/ksleg/KLRD/2013CommRpts/spc-judiciary-cr.pdf.

 

The plan will be for the House to debate and pass the "Hard 50” proposal first, then sending it over to the Senate Wednesday or Thursday before a final Senate vote. The bill should be on the governor’s desk shortly thereafter.

 

It is also important to remember that legislators cannot receive or solicit any campaign contributions while they are in session. Be mindful of that little hiccup in the fundraising rules.

Quick take:

 

Judicial funding will play a role this week as the Kansas Supreme Court requests additional funds for this fiscal year in anticipation the 14th Court of Appeals judge position is confirmed. The Supreme Court will need money to complete renovations, hire staff, and pay other bills not in the original budget. A supplemental funds request has already been sent over to the Legislature for their consideration.

 

In addition, I reported in my "Legislative Wrap–Up” article (found in the KBA July/August Journal) that the Supreme Court "should be able to avoid furloughs during the two-year budget cycle” by using unencumbered funds. While still a possibility it remains unclear if the Court will be able to avoid furloughs in the 2015 fiscal year, which begins July 1, 2014. This July/August article was referencing the 2013/2014 fiscal years. As such the Kansas Supreme Court will be working vigorously to secure funds to keep courthouses open but the 2015 outlook appears uncertain at this moment.  

Besides the "Hard 50” legislative fix, the Kansas Senate will hold a confirmation hearing for Caleb Stegall, who was nominated to take the 14th Court of Appeals position last month. The Stegall confirmation has been at the top of most newspaper in the last week or so. The following articles have been published concerning the Stegall nomination.

With a significant Republican majority on the Senate Judiciary Committee and in the Kansas Senate as a whole, Stegall’s confirmation seems secure. We can anticipate opponents to discuss the method of Stegall’s nomination, the lack of transparency in the selection process (Brownback refuses to release names of applicants) and the executive branches redaction of names from a KORA request submitted by the Kansas League of Women Voters and other issues dealing with the process of selecting a Kansas appellate judge. However, in the end, the votes are there for an easy confirmation of Caleb Stegall.

Tags:  Caleb Stegall  Court of Appeals  Hard 50  legislature  Special Session  Supreme Court 

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Caleb Stegall nominated for 14th Court of Appeals position

Posted By Joseph N. Molina III, Tuesday, August 20, 2013

Gov. Sam Brownback officially nominated chief counsel Caleb Stegall for the Kansas Court of Appeals on Tuesday, August 20. Stegall was nominated ahead of 18 other applicants. Brownback called him "one of the most if not the most qualified candidate Kansas has ever had.”

 

Prior to becoming chief legal counsel, Stegall was elected as Jefferson County attorney. He also helped gain the release of four missionaries in Haiti some years ago.

 

Stegall thanked many of his friends and family but paid special attention to those individuals who disagreed with him on judicial selection methods. He mentioned several by name, including former Kansas Attorney General Steve Six, current KBA President Dennis Depew, and former Sebelius appointee Steve Martino. These individuals recommended Stegall on a personal basis and not thru their respective organizations.

 

Stegall will now stand for confirmation by the Kansas Senate. He will also need to provide answers to a questionnaire. This questionnaire was prepared by Judge Deanell Tacha, Professor Stephen McAllister, and Professor Reginald Robinson on a written questionnaire for individuals nominated to the Kansas Court of Appeals. Attached is a link to the questionnaire.

 

The Kansas Legislature is set to return for a special session on Tuesday, September 3. The Senate will also take up a number of governor appointments, including the Stegall nomination. Hearings for these appointments will begin the week on August 26. However, at this time no meetings have been set.

 

Here are some news stories about the Stegall nomination:

Download File (PDF)

 Attached Files:

Tags:  Brownback  Caleb Stegall  Court of Appeals  Dennis Depew  legislature  Senate 

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