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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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Supreme Court Rule Changes

Posted By Joseph N. Molina III, Tuesday, July 10, 2018

 

To provide the most up-to-date information on rule changes the KBA Advocate will begin publishing Supreme Court Rule changes in its weekly blog in addition to legislative information.

 

This week please find the following rule changes:

 

 

I hope this proves useful!

Tags:  Kansas Supreme Court  rule changes  Rules 

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Supreme Court Accepting Comments on New Rules

Posted By Joseph N. Molina III, Tuesday, September 6, 2016

About the Author


Joseph N. Molina III
Legislative Services Director

KansasBarLeg

The Kansas Supreme Court is now accepting comments on new rules 11.01, 147 and 148.  These rules are required to be amended as a result of changes to KSA 2016 Supp. 75-764.  These changes concern notice to the Kansas Attorney General’s Office or prosecuting attorney when there is a challenge to the validity of a Kansas law on grounds that the law violates the state constitution, federal constitution, or federal law.

Ag Schmidt stated that, “the problem this bill seeks to address is not the outcome of those disputes – it is the process that allowed the disputes to be decided before the attorney general’s office was told they were underway.”

Attorney General Derek Schmidt proposed the new law after two instances where a law was found unconstitutional, and the attorney general did not have an opportunity to be heard. Ag Schmidt stated that, “the problem this bill seeks to address is not the outcome of those disputes – it is the process that allowed the disputes to be decided before the attorney general’s office was told they were underway.”  Senate Bill 334 is a belt-and-suspenders measure aimed at plugging the procedural gaps that allowed these two cases to fall through the cracks. It is intended to reaffirm and clarify the public policy that when the validity of a state statute is being tested in court, the attorney general, as the state’s chief legal officer, is to receive notice of the dispute and have the timely opportunity to appear in relation to the statute’s validity. It also provides an after-the-fact mechanism so that if the notice requirements are violated, an order invalidating a state statute may be set aside once the attorney general learns of the matter. See; http://kslegislature.com/li/b2015_16/committees/ctte_s_jud_1/documents/testimony/20160127_02.pdf

As such, the Kansas Supreme Court will accept comments on this issue. It is important to recognize that the above cited rules will take effect on September 6, 2016 but the court will review comments and input to determine if the rules should be further amended.  You can view the rule here: http://www.kscourts.org/rules/Rules_Open_for_Public_Comment/default.asp

The court will receive comments until 5 p.m. Sunday, October 2, 2016.

Tags:  Kansas Supreme Court  New Rules  Rules 

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