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.
The case itself was as interesting as the circumstances surrounding its adjudication. The timeline was expedited, with the case being filed on April 9 and the ruling issued on April 11, the same day as the hearing. The basics of the case are that Gov. Kelly expanded her “stay at home” executive order on April 7th to include religious organizations. See; https://governor.kansas.gov/wp-content/uploads/2020/04/20-18-Executed.pdf This was due to three clusters of COVID-19 infections tracked to church gatherings. On April 8, the Legislative Coordination Council, on a 5-2 party-line vote, revoked this executive order under their authority in HCR 5025. However, the court found a technical issue in HCR 5025 concerning the State Finance Council’s role in Emergency Declarations. The court determined that the Legislative Coordinating Council was not the proper oversight authority. The court held that “[t]he LCC's purported revocation of Executive Order 20-18 on April 8 was a nullity, because the LCC lacked authority do so under HCR 5025's terms.” The court did not discuss the effect the Executive Order had on limiting religious gatherings nor did it invalidate the emergency declaration issued by the Governor.