News

News

Local Court Rules of the 7th Judicial District - New Addition Coming

An addition to the local court rules is in the works.
 

Supreme Court Rule 122 authorizes parties to serve electronically-filed documents through the e-filing system’s notice of electronic filing.  But under the e-filing system, notice of the filing is not automatically generated.  Instead, the Clerk’s Office has to process the filing before the notice is sent to other counsel of record.  Sometimes the notice of filing is sent the same day the document is filed, other times the notice of filing isn’t sent for several days (i.e. weekends, workload, etc.).  K.S.A. 60-206(d) does not provide additional time to respond when a document is served by the notice of electronic filing.

The bench bar committee is working on the final language of the local rule, but the bottom line is this...…..

If you choose to serve an electronically-filed document through the notice of electronic filing, you must also email the filing to opposing counsel (or drop off a hardcopy in person).  Basically you will be required to give them a courtesy copy. 

 

Final language of the rule is in the works, expect the addition soon.


Mary Shultz
New art display of Jean Hutchison

Please visit the art exhibit of Jean Hutchison on display in the Law Library, the District Attorney reception area, Division 1/4/6 & Division 3 office areas, and the Clerk of the District Court office.

Mary Shultz
DEADLINE APPROACHING FOR 2019 ATTORNEY REGISTRATIONS

This is a reminder to those of you who have not paid that your 2019 attorney registration form and $50 payment are due by TuesdayJanuary 15, 2019.  You may mail or leave your completed form and check on the Manager's desk in the Law Library; or deliver or mail to the Clerk's office.  Checks only.

Registration form

Mary Shultz
Supreme Court forms task force to examine pretrial detention practices

The Kansas Supreme Court has formed an ad hoc task force to examine pretrial detention practices in Kansas district courts and report its findings and recommendations to the court within 18 months. The 15-member task force was created by a November 7 Supreme Court order signed by Chief Justice Lawton Nuss. Its membership includes judges, defense attorneys, prosecutors, and court services and community corrections officers. It will have its first meeting December 13 and 14 in Topeka.

The task force is charged with examining current pretrial detention practices for criminal defendants in Kansas district courts, as well as alternatives to pretrial detention used to ensure public safety and encourage an accused to appear for court proceedings. The task force will also compare Kansas practices to effective pretrial detention practices and detention alternatives identified by other courts.

This comparison could be used to develop best practices for Kansas district courts. "Every day Kansas judges decide whether to detain criminal defendants and under what circumstances. These decisions are made amid a national discussion about alternatives to pretrial detention and the need to ensure no person is unnecessarily deprived of his or her liberty," said Nuss. "This is the perfect time for Kansas to examine its pretrial detention practices to identify if and where improvements can be made."

Judge Karen Arnold-Burger, chief judge of the Kansas Court of Appeals, who will serve as chair of the task force, agrees. "We've seen a lot of change in pretrial detention practices across the nation the last few years. We have an opportunity to learn from other jurisdictions, what they have tried and how it has worked for them," Arnold-Burger said. "We won't know what is useful to us until we take a closer look at it, and that’s what this task force will do." The Supreme Court created the task force under authority granted to it by the Kansas Constitution to oversee all courts in Kansas. Creation of the task force follows closely a report from the ad hoc committee on municipal courts fines, fees, and bonding practices that in September made its recommendations to the Kansas judicial administrator and the executive director of the League of Kansas Municipalities. Judge Brenda Stoss of the Salina Municipal Court chaired that ad hoc committee, and she has been appointed to serve on this task force. The municipal court ad hoc committee recommended that areas in need of additional study included bail and pretrial detention practices.

Members of the task force are:

Nancy Dixon, judicial administrator, Kansas judicial branch, Topeka

District Judge Mary Mattivi, 3rd Judicial District, Topeka

District Judge Lori Bolton Fleming, 11th Judicial District, Pittsburg

District Judge Wendel Wurst, 25th Judicial District, Garden City

District Judge Jared Johnson, 28th Judicial District, Salina

District Magistrate Judge Keith Collett, 8th Judicial District, Abilene

Judge Brenda Stoss, Salina Municipal Court

Charles Branson, district attorney, Douglas County

Todd Thompson, county attorney, Leavenworth County

Tom Drees, county attorney, Ellis County

Sal Intagliata, defense attorney, Wichita

Justin Barrett, defense attorney, Colby David Harger, defense attorney, McPherson

Robert Sullivan, corrections director, Johnson County

Anita Cash, chief court services officer, 29th Judicial District, Kansas City, Kan.

Mary Shultz
Kansas Supreme Court establishes policy to give employees paid parental leave

The Kansas Supreme Court announced it has established policy to give judicial branch employees six weeks of paid parental leave for the birth or adoption of a child. "To effectively compete for employees, the judicial branch must offer benefits and pay comparable to what is currently available on the job market," said Chief Justice Lawton Nuss. "This leave policy is an action we can take to remain competitive while we continue to seek funding that allows us to pay our employees at market rates." The new Supreme Court policy, which is defined in Administrative Order 299, allows judicial branch employees to receive up to six weeks of paid parental leave following the birth of the employee's child or the placement of a child for adoption. The leave must be taken in the first 12 weeks immediately following the child's birth or placement. The judicial branch has about 1,600 employees who work as court administrators, court services officers, court reporters, clerks, and in other administrative and clerical positions. According to a salary study conducted by the National Center for State Courts, Kansas judicial branch employees are paid below market rates, ranging from a few percentage points to as much as 18 percent below market. The Supreme Court's latest biannual budget request, submitted in September, asks for funding to bring employee compensation rates to market levels.

Mary Shultz
Supreme Court accepting comment on proposed new and amended rules regarding mediation and dispute resolution

The Kansas Supreme Court is accepting public comment on proposed new and amended rules regarding mediators, mediation, and dispute resolution processes that seek to promote uniformity and provide guidance to district courts, attorneys, dispute resolution providers, and parties.

Comments may be made by email to publiccomments@kscourts.org until 5 p.m. Sunday, March 3, 2019. The subject line must read "Rules 905-922."

Proposed Supreme Court Rules 905 through 922 are new and apply to mediation, domestic conciliation, parenting coordination, and case management. If adopted, the proposed rules will repeal current Supreme Court Rules 901 through 904.

Also proposed are amendments to Supreme Court Rule 1501, which will rename the Alternative Dispute Resolution Council the Advisory Council on Dispute Resolution to be consistent with state statute. The proposed new and amended rules are available for review on the Kansas judicial branch website at www.kscourts.org under the heading What's New.

Mary Shultz