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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 

VOTE

Posted By Joseph N. Molina III, Monday, October 29, 2018

In eight days, Kansans will head to the polls to elect a new governor, four U.S. Representatives, four statewide officials, one state senator and 125 Kansas representatives. The most watched statewide race continues to be the Kansas Governor’s race featuring five tickets. The GOP ticket of Kris Kobach/Wink Hartman vs. Democrats Laura Kelly/Lynn Rodgers vs. Independents Greg Orman/ John Doll. Also, in the mix are Richard and Nathaniel Kloos (I-Topeka) and Jeff Caldwell/Mary Gerlt (L-Leawood).

Fort Hays State University has done a poll on this race in its Kansas Speaks Fall 2018 Statewide Public Opinion Survey. This poll was undertaken for the Citizens of Kansas by the Docking Institute of Public Affairs at Fort Hays State university. The poll can be viewed here: https://www.fhsu.edu/docking/Kansas-Speaks/kansas-speaks-report-fall-2018

However, these are not the only votes you will cast on Nov. 6th.

Seven Courts of Appeals judges and numerous District Court judges are up for retention votes while judges in 14 judicial districts face off in partisan judicial elections. Last week Greg Musil, attorney with Rouse Frets White Goss Gentile Rhodes, P.C. spoke to KCUR 89.3 about judicial retention elections in Kansas and Missouri. This radio broadcast shed some light on how retention elections works. You can listen to the interview here - http://www.kcur.org/post/seg-1-voting-judicial-retention-elections-seg-2-kansas-citys-only-pay-what-you-can-caf#stream/0

In addition, several Kansas judges will face off in partisan judicial elections. Those districts include:

· 13th District

· 14th District

· 15th District

· 16th District

· 17th District

· 18th District

· 19th District

· 20th District

· 22nd District

· 23rd District

· 24th District

· 26th District

· 27th District

· 29th District[2]

Some districts provide information on the judges. For instance, in 18th Judicial District (Sedgwick County) the Wichita Eagle and the Wichita Bar Association do an online survey every two years. They provide the results via website. This year’s survey can be found at https://www.kansas.com/news/special-reports/judging-the-judges/.

In retention elections, district judges do not compete against an opponent; rather, voters have the option to vote “yes” to retain or “no” to remove from the bench. To keep the seat, the judge must receive a majority of “yes” votes. If the judge receives a majority of “no” votes the position becomes vacant.

The 10th Judicial District also provides voter information on judges sitting for retention in that district. The Johnson County Bar Association puts together these judicial evaluations by surveying more than 2,000 Johnson County lawyers. The results can be found at: https://www.jocobar.org/page/judicialevals2018

In the past, evaluations were offered for Kansas Appellate Court judges, but in 2012, those funds were diverted away from the Kansas Commission on Judicial Performance. Since that time, other non-profit associations have tried to take up the evaluation process with some success, but this year, I am unaware of any evaluations for the seven courts of appeals judges up for retention.

The Kansas courts do provide some information on appellate judges. They provide some biographical information, date appointed, hometown and a link to cases in which that judge was involved. http://www.kscourts.org/kansas-courts/court-of-appeals/judge-bios/default.asp.

The Kansas Courts of Appeals judges up for retention include:

Hon. Stephen D. Hill;
Hon. Kim R. Schroeder;
Hon. Henry W. Green Jr.;
Hon. Anthony J. Powell;
Hon. Tom Malone;
Hon. Michael B. Buser;
Hon. Melissa Taylor Standridge

For more information about voting please visit the Kansas Secretary of State website – www.kssos.org. You can find your polling place by entering your information here - https://myvoteinfo.voteks.org/VoterView/PollingPlaceSearch.do

Tags:  Author: Joseph N. Molina III  Court of Appeals  election  House of Representatives  judges  midterms  voting 

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Gannon

Posted By Joseph N. Molina III, Tuesday, March 11, 2014

Legislators returned to what was supposed to be a short uneventful week following turnaround. However, the Kansas Supreme Court decided to release the much-anticipated Gannon v. State of Kansas school finance case. The entire 110-page opinion can be found online at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140307/109335.pdf.

 

The Supreme Court issued a unanimous opinion that had a bit of everything for everyone. The bullet point version found that the Court affirmed the lower court’s ruling that the state failed to meet its duty to provide equity in public education as required by the constitution. The Court determined that the state has created "unreasonable, wealth-based disparities” by failing to fund Capital Outlay and the Local Option Budget (LOB). The Supreme Court recommended that the lower court provide the legislature with the opportunity to address the inequities and request action by July 1, 2014. Those changes could come in the form of fully funding, partially funding, or making changes to the current statutes. To fully fund LOB and Capital Outlay the legislature would have to come up with roughly $139 million.

 

The really big issue dealing with suitability was remanded to the three-judge panel so they may apply the "Rose Standard” and return a finding based on that process. The Supreme Court found that a cost based focus was too narrow.

 

For more information on this issue and some local reactions, including the KBA response, please see the following:

The other really big news was the Kansas Senate passing the Judicial Branch Omnibus bill, Senate Sub. for HB 2338. This bill combines a number of judicial branch issues together and passed them out of the Senate in one afternoon. The procedural move was a little unorthodox as it combined appropriations and substantive amendments into one bill. This is usually an unconstitutional two subject problem but it was glossed over in the Senate. A number of House members were upset as this omnibus bill will bypass the normal appropriation committees in the House and head straight to the House floor for a vote to concur or nonconcur. How the House handles this omnibus bill remains to be seen but we can expect higher scrutiny of the judicial branch budget on the House side.

 

Next week we have a full slate in both chambers as First Adjournment is right around the corner. The KBA has a hearing on HB 2398 dealing with the Kansas LLC Act on Wednesday in the Senate. We continue to wait on the medical malpractice bill, SB 311 to be set for hearing in the House. It should be noted that SB 311 was referred to the Committee on Commerce, which has no sitting lawyers.

Tags:  Gannon  House of Representatives  Senate  Supreme Court 

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