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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 

Veto Session 2019

Posted By Joseph N. Molina III, Tuesday, April 30, 2019

On Wednesday, May 1, 2019 the Kansas Legislature returns for the wrap-up session, also known as Veto Session. Traditionally, the veto session is used to override any vetoes the governor may have signed after First Adjournment. These days, though, the Veto session is the time during which the state budget is finalized.

This year, the Kansas Legislature has only one thing that it MUST accomplish: passing a budget. However, several ancillary items will also be considered during this time period. First, there will likely be an attempt to work out a tax bill that reduces income taxes. Earlier in the session, the legislature passed SB 22, a large tax cut vetoed by Gov. Kelly. So far, there have been no attempts to override the Governor’s veto, but that could change.

There also could be a push to have the Kansas Senate debate and vote on Medicaid expansion. The House has already approved this measure, but Senate leadership is blocking the bill. Senate President Susan Wagle (R-Wichita) has offered an interim study on expansion which would kill the idea for 2019. Gov. Kelly has put on a full court press to get the proposal to the floor this session, but time is not on her side. Prior to First Adjournment, Sen. Hensley (D-Topeka) made a motion to pull HB 2066 out of committee. That would give proponents of expansion an opportunity to debate the bill. To pull the bill out of committee, they need 24 votes. However, to schedule floor debate, they need 27 votes—which is much more difficult.

Both chambers will likely try to pass a constitutional amendment to ban abortions. Last Friday, the Kansas Supreme Court ruled that the state Constitution protects a women’s right to make her own decisions regarding a pregnancy. The 6-1 majority decision (Justice Stegall dissenting) can be found here - http://kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190426/114153.pdf

Prior to the ruling, conservative Republicans had introduced legislation that would have banned abortion in Kansas. That constitutional amendment (HCR 5004) was co-sponsored by 21 Kansas Representatives. See; https://www.kansas.com/news/politics-government/article225209525.html The Hodes & Nauser v. Schmidt case will only intensify the push for a vote on the issue. The Veto Session will provide ample opportunity for that. A successful constitutional amendment requires two-thirds of both chambers. That means 84 representatives and 27 senators need to approve the proposal. The House party split is 84-41; the Senate party split is 28-11-1

KSAG Derek Schmidt issued a press release on the topic. See; https://ag.ks.gov/media-center/news-releases/2019/04/26/ag-derek-schmidt-statement-on-today's-kansas-supreme-court-decision-in-hodes-nauser-v.-schmidt

The National Review also opined on the topic. See; https://www.nationalreview.com/bench-memos/bloody-kansas/?fbclid=IwAR2NwXoEqOFmOerq9-FipJo-kS5SQekX2EV2PrQaCjy1s1SGW5HHBcxaU9k

The KS Supreme Court will hear two cases—school finance and the Court of Appeals appointment process—on May 9th.  The Gov. signed a school finance plan which adds $90 +/- million to hopefully end the school finance lawsuit. The Court will also hear arguments about the Kansas Court of Appeals selection process and who gets to choose the 14th Court of Appeals judge on May 9th. See; https://www.cjonline.com/news/20190412/gop-senate-president-seeks-lawsuit-to-settle-court-nomination-conflict

With all this work pending and two large cases in front of the Kansas Supreme Court, it is unlikely that the veto session will be brief. The 90th session day is set for May 17th, but there is a chance legislators will blow past that date if things get interesting.

Finally, the Kansas Legislative Research Department has released two of its three legislative summaries. These break down all the bills signed into law. These summaries also indicate when these new laws will go into effect.

 You can find the first two summaries here:

The third and final summary will be released after the Veto Session concludes.

Tags:  2019 session  2019-20  Author: Joseph N. Molina III  legislature  veto session  veto session 2019  Weekly20190430 

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11th Annual Kansas Bar Association Fall Legislative Conference

Posted By Joseph N. Molina III, Monday, October 1, 2018

11th Annual Kansas Bar Association
Fall Legislative Conference

Monday, November 19, 2018
Robert L. Gernon Law Center
1200 SW Harrison Street • Topeka, Kansas  66612

All Kansas Lawyer/Legislators Invited!

Schedule of Events
2:00p.m. – 2:50 p.m.
1 free hour of CLE

3:00 p.m. – 4:20 p.m.
Legislative Conference
Experts discuss pressing issues facing the 2019 Legislature

4:30 p.m. – 6:00 p.m.
Cocktail Reception

Special thanks and appreciation to our Reception Hosts:

Alderson, Alderson, Weiler, Conklin, Burghart & Crow, LLC
John Peterson & Bill Brady/Capitol Strategies  ♦  Kansas Bankers Association
Sneed Law Firm, LLC ♦  Whitney B. Damron, P.A.
R. E. "Tuck" Duncan/Kansas Wine & Spirits Wholesalers Association
Foulston Siefkin LLP

Attendance is FREE for all events
RSVP by November 16th for each event you wish to attend.
Contact: Joseph N. Molina, KBA Director of Government Affairs

SPACE IS LIMITED

RSVP: (785) 234-5696 or jmolina@ksbar.org

Tags:  Author: Joseph N. Molina III  conference  Fall Legislative Conference  legislature 

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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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Legislators return to Topeka

Posted By Joseph N. Molina III, Tuesday, January 13, 2015
Kansas legislators returned to work yesterday with a very light agenda for the week. Not much is scheduled except for a small number of new bills being introduced. It is important to remember that there will be no bill "carry-over” from last session. We are in a new cycle so bills will need to be reintroduced and work their way through the process.

 

Hallway talk centers on budget issues, possible tax increase on alcohol and tobacco, a possible raid of the tobacco settlement money to pay down the deficit, and a renewed effort to change merit selection. At this point these ideas are mere conjecture as we should know more when Gov. Brownback releases his two-year state budget.

 

The governor will make his proposals during the State of the State address this Thursday. We have seen the governor focus on morality issues and family unity concerns while addressing possible budget fixes. We could probably expect more of the same during the speech. However, the gorilla in the room remains the school finance formula and how that affects the state budget.

Quick Take

As far as committee meetings are concerned, the Senate Judiciary Committee will meet in Room 346-S at 10:30 a.m., Monday through Friday. Sen. Jeff King (R-Independence) continues as Senate Judiciary chair with Sen. Greg Smith (R-Overland Park) as vice chair. The House Judiciary Committee will meet in Room 112-N at 3:30 p.m., Monday through Thursday. Leadership for this committee has changed with a new chairman, Rep. John Barker (R-Abilene), a new vice chair, Rep. Charles Macheers (R-Shawnee), and Rep. John Carmichael will sit as ranking minority leader. For other committee meeting times and locations, please access http://www.kslegislature.org/li.

Chief Justice Lawton Nuss will give the State of the Judiciary address on Wednesday, January 21 at 2:30 p.m. The public can access a live webcast of the State of the Judiciary address by following the Watch Supreme Court Live! link in the right-hand column of the Kansas Judicial Branch website at http://www.kscourts.org. The address will be recorded for viewing afterward by anyone unable to attend in person or watch it live online.

 

For more information and bills new to the legislature please check http://www.ksbar.org. The KBA will be updating its bill tracking chart weekly with more information as the session moves along.

Tags:  Brownback  budget  Lawton Nuss  legislators  legislature  State of the Judiciary  State of the State 

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School Finance and the Kansas Supreme Court

Posted By Joseph N. Molina III, Wednesday, November 13, 2013

This past week there have been a number of news articles surrounding the school finance case, Gannon v. State. This case deals with the appropriate amount of money need to provide a suitable education to Kansas kids. It is anticipated that the Kansas Supreme Court will be issuing its ruling in the next month or so. This ruling could require the state of Kansas to appropriate more funds for K-12 schools. The Kansas Supreme Court heard oral arguments on this case on October 8, 2013.

 

Several news articles have followed this case through the legal process. See Suzanne Perez Tobias, Kansas school-funding lawsuit hinging on what’s ‘suitable,’ The Wichita Eagle (Oct. 9, 2013), http://www.kansas.com/2012/06/02/2357937/kansas-school-funding-lawsuit.html; see also John Hanna, Kansas governor’s legacy clouded by school funding case, The Kansas City Star (Oct. 13, 2013), http://www.kansascity.com/2013/10/13/4550916/kansas-governors-legacy-clouded.html; and Dion Lefler, Kansas Supreme Court hears arguments in school funding case, The Wichita Eagle (Oct. 9, 2013), http://www.kansas.com/2013/10/08/3046855/2-kansas-justices-promise-on-school.html.

 

In each case the main thrust is what happens to the state budget if more money is needed to satisfy the Kansas Constitutional requirement to deliver a "suitable” education. There appears to be three distinct options. One is to simply appropriate the money and raise taxes. This option faces a very tough road during the 2014 session as the Kansas legislature recently passed a huge tax cut. To raise these funds by increasing taxes would undo a lot of that hard work. The second option is to ignore the ruling. This would place the three branches of government in a very uncomfortable position. The third option would be to change the Kansas Constitution so the legislature is in direct control of school appropriations. This idea was discussed earlier in 2013 but the votes were not there to put it on the statewide ballot.

 

In the meantime the Kansas Supreme Court has taken center stage for some very pointed criticism by Republican legislators. For instance, last week Senate President Susan Wagle (R-Wichita) stated that if the court rules later this year the same way it did in Montoy v. Kansas it would be "a killer decision.” "It would kill all potential funding increases for all government entities,” she said. "If the court does that, it is unaffordable and it is unrealistic. "So defying them is a possibility.” (Read more at http://www.kansas.com/2013/11/09/3106367/top-kansas-legislators-weigh-in.html#storylink=cpy)

 

From the same article, Rep. Gene Sullentrop (R-Wichita) also said that if the legislature is ordered to pay $400-$500 million, there would be a serious dilemma. He also believes that there is a "strong feeling that the court doesn’t have jurisdiction to appropriate money, and if there is a strong feeling that they are not looking at all sides fairly, then we are not apt to go along with them.” (Read more at http://www.kansas.com/2013/11/09/3106367/top-kansas-legislators-weigh-in.html#storylink=cpy)

 

This sentiment was reiterated by Sen. Wagle when she commented to the Wichita Business Journal that "If we do get that ruling down, what we’re going to do is focus on what is the role of the Supreme Court.” "Should they be interpreting law, should they be appropriating money?” Wagle said. "They aren’t elected, and we’re real concerned that when they do analyze how much money is appropriate for K-12 funding, they don’t get to hear all the other testimony that we hear from the other needs of the state, whether it be transportation, corrections, higher ed and all the other entities we fund. So it’ll be a very tough year if we’re at odds.” See John Stearns, Brownback: K-12 court ruling will color next legislative session, Wichita Business Journal (Nov. 7, 2013), http://www.bizjournals.com/wichita/blog/2013/11/brownback-k-12-court-ruling-will.html?page=all.

Quick Take

The Kansas Bar Association would like to thank all those involved in making the 7th Annual Fall Legislative Conference a success. Attendees were treated to a fabulous CLE on concealed carry, which was hosted by the KBA Bench & Bar Committee. Our speakers included KBA Bench and Bar Chair Teresa Watson, Chief Judge Dan Creitz, Assistant Kansas Attorney General C.W. Klebe, and Leavenworth County Attorney Todd Thompson.

 

I would also like to thank our conference panelists: Rep. Steven Becker (R-Buhler), Rep. Blaine Finch (R-Ottawa), Rep. Jan Pauls (D-Hutchinson), Rep. John Rubin (R-Shawnee), and Rep. Jim Ward (D-Wichita). I greatly appreciate them taking time out to discuss the 2014 legislative session with us.

 

Finally, the Fall Legislative Conference would not be possible without our wonderful and generous sponsors. They include:

  • Alderson, Alderson, Weiler, Conklin, Burghart & Crow LLC
  • John Peterson & Bill Brady/Capitol Strategies
  • Kansas Bankers Association
  • Polsinelli PC
  • Whitney B. Damron P.A.
  • R.E. "Tuck" Duncan/Kansas Wine & Spirits Wholesalers Association

At this point it is important to remember that two bills were introduced that would have a serious effect on the operation, composition, and jurisdiction of the Kansas Supreme Court during the waning days of the 2013 legislative session. Those bills:

  • HB 2415 which would reduce the mandatory retirement age from 75 years old to 65 years old for members of the Kansas Supreme Court and the Kansas Court of Appeals.
  • HB 2416 would split the Court of Appeals into two divisions. One devoted to only criminal appeals (five judges) and the other devoted to civil appeals (nine judges). In addition, this bill would limit the jurisdiction of the Kansas Supreme Court to those areas outlined by the Kansas Constitution.

The KBA Board of Governors has voted to oppose both of these bills.

 

It would not be a surprise if the criticisms of the Kansas Supreme Court continue throughout the winter and into the legislative session. Calls to alter the way Kansas Supreme Court justices are selected will most likely pick up steam, as will proposals to stifle the independence of the courts. Even now Kansas legislators are asking higher-education officials to lobby the Supreme Court in an effort to save higher education dollars. See Editorial: Court influence, Lawrence Journal-World (Nov. 7, 2013), http://www2.ljworld.com/news/2013/nov/07/editorial-court-influence/.

 

What other tactics are used to change public perception remains to be seen, but rest assured, we can expect a lot more.

Tags:  Gannon  Kansas Supreme Court  legislature  Montoy  school finance 

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Legislature Makes Quick Work of 2013 Special Session

Posted By Joseph N. Molina III, Monday, September 9, 2013
Updated: Monday, September 9, 2013

The Kansas Legislature managed to make quick work of the 22nd Special Session. The Legislature managed to draft a bill, hold hearings in both chambers, pass one amendment in committee, defeat another amendment on the House floor (Ward’s Voter’s rights bill), and approve a bill—all in less than two full days. That is very impressive for a group of legislators who led a nine-day overtime period in the veto session. That type of efficiency should be commended.

 

As for the main reason for the Special Session, the Hard 50 ruling, the Legislature managed to pass out HB 2002. This bill was crafted by the Kansas Attorney General’s Office, with input from various law enforcement and prosecuting attorney groups. Please read the supplemental not on HB 2002 for more information.

 

The Kansas County and District Attorney Association played a vital role in moving this bill so quickly through the process. The KCDAA enlisted a number of district attorneys to support the bill. DAs Marc Bennett and Steve Howe testified in support of the Hard 50 fix. They argued that the fix was needed to restore certainty to the sentencing process. The most compelling testimony came from Sen. Greg Smith, who testified on behalf of victim’s families.

 

While HB 2002 faced little opposition when the final votes were tallied (122-0 in the House and 40-0 in the Senate), there were some concerns that the "retroactivity” provision in the bill would fail the constitutionality test. Subsection ”d” reads:

The amendments to subsection (c) by this act: (1) Establish a procedural rule for sentencing proceedings, and as such shall be construed and applied retroactively to all crimes committed prior to the effective date of this act, except as provided further in this subsection; (2) shall not apply to cases in which the defendant's conviction and sentence were final prior to June 17, 2013, unless the conviction or sentence has been vacated in a collateral proceeding, including, but not limited to, K.S.A. 22-3504 or 60-1507, and amendments thereto; and (3) shall apply only in sentencing proceedings otherwise authorized by law.

Proponents argued that a procedural change could be applied retroactively so long as it does not alter the substantive language of the statute. By merely providing for a new sentencing process, which is in line with the U.S. Supreme court ruling in Alleyne v. U.S., 133 S. Ct. 420 (2012), can HB 2002 apply to defendants who are subject to the Hard 50 sentence?

 

Opponents of HB 2002 argued that creating a new process for sentencing is a substantive change since the U.S. Supreme Court found the old rule unconstitutional, thereby voiding that statute. By passing HB 2002, opponents argued, the Legislature has re-created the Hard 50 policy that is a substantive change to the criminal code.

 

How the courts interpret this change will take some time, but revisiting the Hard 50 policy is not out of the realm of possibilities.

 

For more Hard 50 news please see:

Quick take: Rep. Edwin Hale Bideau III (R- Chanute) passed away on September 5, 2013. Bideau was born in Chanute on October 1, 1950. He received both his business and law degrees from Washburn University in Topeka. Bideau served two stints in the Kansas Legislature, once in 1984 and again in 2012. Funeral services will be held at 2 p.m. on Tuesday, September 10, 2013 at the First Presbyterian Church in Chanute.

While the Hard 50 took a significant portion of the Special Session, the political attention of many was firmly placed on the confirmation hearing on Caleb Stegall. As has been reported repeatedly, Stegall is the chief counsel to Gov. Sam Brownback. He applied for the previous two Court of Appeals openings created with the retirement of Judge Christel Marquardt and the sudden death of Chief Judge Richard Green. In both instances, Stegall failed to advance to the final three nominees. Judges Kim Schroeder and Anthony Powell were selected for these two openings.

 

The governor argued for a change to the selection process for the Kansas Court of Appeals, and with the aid of his chief counsel and the Kansas Legislature, the process was altered to allow the governor to nominate any individual and the Senate to confirm that nominee. It is important to point out that Stegall, on behalf of the governor’s office, testified on several occasions in support of the change.

 

Stegall, along with 18 other individuals, applied for the vacant 14th Court of Appeals position. The governor formally nominated Stegall on August 22. The Senate held his confirmation hearing on September 3 and the full Senate confirmed him on September 4. The final vote was along party lines 32-8.

 

While it was apparent that Stegall had a majority of individuals willing to support his nominations, Democrats decried the process by which he was nominated. Democrats argued that the new process was secretive and less open than the merit selection process. See Irony swirls around Brownback's cloak of judicial secrecy, CJOnline.com,

http://cjonline.com/blog-post/tim-carpenter/2013-08-22/irony-swirls-around-brownbacks-cloak-judicial-secrecy.

 

In addition, several Kansas lawyers, two who wrote letters of recommendation for Stegall, found the new process unappealing. One even stated that the new process weakened Kansans’ confidence in their judges. See Notable Kansans weighing in against new appellate court selection process, LJWorld.com, http://www2.ljworld.com/news/2013/aug/30/notable-kansans-weighing-against-new-appeallate-co/.

 

Nevertheless Stegall was easily confirmed. However, it appears likely that Democrats will push to alter the selection process by making the application process more open. Sen. Anthony Hensley has pre-filed a bill for the 2014 session that would require the governor to release the names of any applicants. How this is received in January may shape the entire session.

 

Reaction to the Stegall nomination:

Tags:  Alleyne  Brownback  Court of Appeals  Hard 50  HB 2002  legislature  Special Session  Stegall  Supreme Court 

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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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Gov. Brownback Calls Special Legislative Session

Posted By Joseph N. Molina III, Tuesday, July 30, 2013

The following is from the July 26 press release from Gov. Sam Brownback.

 

In the interest of protecting public safety and in response to a request from Attorney General Derek Schmidt, Gov. Sam Brownback will call the legislature into special session at 8 a.m. on Tuesday, September 3.

 

The attorney general formally requested the special session on July 24 for the purpose of repairing Kansas’ "Hard 50” sentence following the June 17 decision of the U.S. Supreme Court in Alleyne v. United States. Legal experts in the field agree that the Alleyne decision renders the current Kansas "Hard 50” law unconstitutional because a judge rather than the jury makes the sentencing decision. According to the attorney general, the legislature can cure the constitutional defect by adopting a relatively simple procedural fix allowing the jury to make the necessary factual findings before the "Hard 50” sentence is imposed.

 

"The ‘Hard 50’ sentence is a vital public safety tool that has been in place for more than 10 years,” Brownback said. "It is intended to remove the most dangerous and violent killers from society for at least 50 years. The sudden absence of the ‘Hard 50’ sentence poses a real and present danger to the public safety of all Kansans. I am confident the legislature can and will act quickly, with resolve and narrow focus, to protect our citizens by restoring to prosecutors the immediate ability to seek the ‘Hard 50’ sentence for the worst offenders.”

 

Broad bipartisan support exists among the leaders of this legislature that this special session is necessary and is in the best interests of public safety. Additionally, law enforcement and prosecutorial agencies across the state have urged the governor to adopt the attorney general’s recommendation.

 

"We must address this issue to protect all our citizens, but particularly out of concern for the victims of these crimes and their families,” Brownback said. "I agree with the attorney general’s opinion that we face an ‘extraordinary occasion’ sufficient to justify this office exercising its authority to call the Legislature into special session pursuant to Article 1, Section 5 of the Kansas Constitution.”

 

Due to the constitutional and statutory requirement that the state bring criminal defendants to trial in a speedy manner, time is of the essence. After consulting with Attorney General Schmidt and legislative leaders, it was agreed a special session during the first week of September is optimal timing. According to the law enforcement community, that time period effectively protects public safety while allowing the necessary time requested by the attorney general for adequate preparation and planning to ensure a quick, focused and orderly session. According to the attorney general, putting this issue off until next January will "virtually guarantee” an increase in "the number of convicted killers who will be eligible for parole after only 25 years instead of after 50 years.”

 

"It is my hope after talking to legislative leaders that the special session can be completed by the close of business on September 5,” said Brownback.

 

See also http://www.kshb.com/dpp/news/state/kansas/gov-sam-brownback-calls-september-special-session-to-rewrite-hard-50-criminal-sentencing-law.

 

The Kansas Legislative Research Staff has put together a list of all 22 Special Sessions and the topic covered by that session. See http://skyways.lib.ks.us/ksleg/KLRD/Publications/2013-Kansas_Legis_Special_Sessions.pdf.

Quick Take

In addition to the "Hard 50” discussion, rumors have been circulating about the possibility of debating a repeal of the death penalty and the confirmation of the 14th Kansas Court of Appeals judge. Gov. Brownback has not appointed anyone but that could be accomplished prior to the September 3 Special Session.
We could also see additional abortion-related legislation. See http://www.shawneedispatch.com/news/2013/jul/29/kansas-abortion-group-sees-opportunity-special-ses/.

KBA Legislative Meeting

Coincidentally, the Kansas Bar Association is scheduled to hold its legislative meeting on Friday, August 30 at the KBA offices in Topeka. This meeting will cover the issues discussed in the 2013 session, the possible Special Session topics and a look forward to 2014.

 

If you are a KBA member you may get updates on committee activity on our website at http://www.ksbar.org/members/group.asp?id=111712.

Tags:  Alleyne  Brownback  Hard 50  legislative  legislature  Supreme Court 

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