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Kansas Supreme Court

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The Kansas Supreme Court is the highest judicial authority in the U.S. state of Kansas . Composed of seven justices, led by Chief Justice Marla Luckert , the court supervises the legal profession, administers the judicial branch, and serves as the state court of last resort in the appeals process.

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51-431: The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by

102-503: A constitutional question as to the expiration of the two-year terms for which Governor Charles L. Robinson and the chief administrative officers were elected, with Robinson's opponents calling for a November 1861 election. Robinson refused to permit the canvassing of votes for the offices in the 1861 election and his position was upheld by the Kansas Supreme Court. The state legislature brought impeachment trials against

153-497: A context that emphasizes professionalism and practical skills. All first-year students have one of their classes in a small section of approximately 20 students, providing an informal learning atmosphere. According to The University of Kansas official 2020 ABA-required disclosures, 72% of the Class of 2019 obtained full-time, long-term, bar passage-required employment 10 months after graduation. The total cost of attendance (indicating

204-652: A mother's potential culpability under the criminal statutes was of no relevance in determining the father's child support liability. The Court ruled in 2019 that the Kansas Constitution Bill of Rights sets forth rights that are broader than and distinct from the rights in the Fourteenth Amendment to the United States Constitution. Specifically, Section 1 of the Kansas Constitution Bill of Rights affords protection of

255-524: Is printed and distributed to members of the house of origin, and it is referred to a standing committee . Standing committee chairs decide whether or not to hear a bill and members of the committee can submit amendments to the bill. After consideration and discussion, the committee votes on whether or not to send a committee report to the Committee of the Whole. While under consideration by the Committee of

306-461: Is the state legislature of the U.S. state of Kansas . It is a bicameral assembly , composed of the lower Kansas House of Representatives , with 125 state representatives, and the upper Kansas Senate , with 40 state senators. Representatives are elected for two-year terms, senators for four-year terms. Prior to statehood, separate pro-slavery and anti-slavery territorial legislatures emerged, drafting four separate constitutions, until one

357-586: Is the non-partisan audit arm of the Kansas Legislature. Kansas Legislative Research Department [3] KLRD staff members provide nonpartisan, objective research and fiscal analysis for members of the Kansas Legislature. Legislative Office of Information Services [4] The office provides information technology support to Legislators and Legislative support staff. Office of the Revisor of Statutes [5] The office provides legislative legal expertise to

408-731: The United States Congress in Washington, D.C. in 1854, and the subsequent organization of the new federal Territory of Kansas (1854-1861) out of the previous old Missouri Territory (1812-1821), the new 14th President Franklin Pierce (1804-1869, served 1853-1857), appointed Samuel Dexter Lecompte (1814-1888), as the first chief justice of the Supreme Court of the Kansas Territory. In January 1861 with

459-601: The Confederate States of America was formed. The first Kansas impeachments occurred in 1862, brought about in part by Republican Party infighting in the state. The election of state officers under the Wyandotte Constitution took place in December 1859, but because of the delay in approving Kansas's statehood, they did not take their positions until February 1861. The lapse of time created

510-539: The Eighth Amendment prohibits imposing death when mitigating and aggravating sentencing factors were equally balanced. The United States Supreme Court disagreed and reversed in a 5–4 decision. The Court unanimously allowed then Attorney General Phill Kline to examine the abortion records of 90 women to investigate possible crimes. It later blocked Kline from pursuing 30 misdemeanor criminal charges against Dr. George Tiller after he lost office. The case

561-509: The Ku Klux Klan , resulting in their expulsion from the state. The Kansas Legislature adopted the flag of Kansas in 1927. Since 1966, the legislature holds annual general sessions. Previously, the session in odd-numbered years was of unlimited duration while in even-numbered years the session was limited to 60 calendar days (unless two-thirds of the elected members of each house voted to extend it). A constitutional amendment adopted at

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612-480: The University of Missouri–Kansas City School of Law (Standridge). The appointment of Dan Biles by Governor Sebelius marked the first time a majority of the court had been appointed by one person. Due to the checks and balances of the judicial branch with the legislative and executive branches , it is difficult to remove a Justice. Usually a Justice either dies, retires by choice, or retires after surpassing

663-478: The governor . The Kansas Territory was created out of the Kansas–Nebraska Act in 1854. In several of the provisions of the act, the law allowed the settlers of the newly created territory to determine, by vote, whether Kansas, once statehood was achieved, would be entered as either a free or a slave state . The act created a rush of both abolitionist Northern and pro-slavery Southern immigrants to

714-526: The $ 2.7 billion in school funding was inadequate and distributed unfairly. It then recommend the Kansas legislature increase funding to schools and change the way the money was distributed. Many Republicans saw this as an act of judicial activism leading to some calls for changes in how justices are selected. The Court ruled in Kansas v. Marsh (2006) that the Kansas death penalty was unconstitutional because

765-466: The 1974 general election extended the duration of the session held in the even-numbered years to 90 calendar days, still subject to extension by a vote of two-thirds of the elected membership of each house. The Kansas Legislature is composed of 165 part-time legislators, meeting normally once a year. Meetings begin in January and usually will last for a period of 90 days. The governor of Kansas retains

816-672: The Court of Appeals and the ability to transfer cases to the U.S. Supreme Court . The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of Kansas government. According to the Kansas Constitution , the Court has general administrative authority over all Kansas courts. Its rules govern the appellate practice in the Kansas Court of Appeals and

867-702: The Kansas Legislature. Attorneys in the office are responsible for drafting bills and other legislation, staffing legislative committees, publishing the Kansas Statutes Annotated, and offering legal consultation to members of the Kansas Legislature University of Kansas School of Law The University of Kansas School of Law is the law school of the University of Kansas , a public research university in Lawrence, Kansas . The University of Kansas Law School

918-644: The Secretary of the Senate are responsible for the operations of the respective chambers under the direction of elected leadership. Legislative Administrative Services [1] Legislative Administrative Services provides administrative and technical support for the Kansas Legislature and general public, as directed by the Legislative Coordinating Council. Legislative Division of Post Audit [2] The Kansas Legislative Division of Post Audit

969-457: The State has a compelling interest and has narrowly tailored its actions to that interest. In 2022, Kansas voters rejected a proposed amendment to the state constitution that would have overruled Hodes & Nasuer v. Schmidt . 39°02′44″N 95°40′45″W  /  39.045536°N 95.679068°W  / 39.045536; -95.679068 Kansas Legislature The Kansas Legislature

1020-404: The Supreme Court. It sets the procedures in the district courts. It also provides oversight to the legal profession by setting rules that provide for the examination and admission of attorneys within the state, the code of professional responsibility which governs the conduct of attorneys, and include the canons of judicial ethics which regulate the conduct of judges. Lastly it sets the rules for

1071-415: The Whole, amendments can be submitted by state legislators in the house of origin. The final action in the house of origin is a vote by the full membership. Bills go through an identical process in the opposite house of the state legislature. After passage by both houses, a bill is submitted to the governor, who either signs it into law or vetoes it. If vetoed, the bill only becomes law if both houses of

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1122-476: The admission of Kansas as the 34th state in the Union, the current Kansas Supreme Court began. In 1900, a constitutional amendment was made to the Kansas Constitution changing the complement of the high court from three justices to seven. Initially the court worked in two separate divisions in an attempt to catch up with the four years long heavy case backlog that had built up. By 1922 this had succeeded and

1173-494: The building until March 24, 1903. On February 19, 1881, Kansas became the first state to amend its constitution to prohibit all alcoholic beverages . This action was spawned by the temperance movement , and was enforced by the ax-toting Carrie Nation beginning in 1888. After 1890, prohibition was joined with progressivism to create a reform movement. Kansas did not repeal prohibition until 1948, and even then it continued to prohibit public bars until 1987. The Populist Party

1224-479: The candidates. Once the interviews are complete, the commission enters into discussion to reduce the list to the top six to eight nominees. Then the commission votes by secret ballot until a list of three nominees is chosen by majority vote to submit to the Governor. The governor then selects one of the three from the commission's list to become a justice. If the Governor fails to make an appointment within 60 days

1275-446: The chairperson. Lawyer members are elected by their peers in each individual congressional district while the non-lawyer members are appointed by the governor. A nominee must be: If a person meets these requirements and wants to be considered for the office, they must complete a detailed nomination form summarizing their educational, professional, community, and financial background. The Kansas Supreme Court Nominating Commission reviews

1326-714: The chamber but later met in separate locations in the Kansas State Capitol after the Republican-led House took control of the chamber on February 15, 1893. The Kansas Supreme Court eventually sided with the Republicans and the Populist-led House disbanded. The state legislature was a leader in child labor reform, enacting a law in 1905 to restrict children under 14 from working in factories, meatpacking houses, or mines. Kansas

1377-472: The choice is then made by the Chief Justice of the Kansas Supreme Court. After the first year in office, the justice undergoes a retention vote in the next general election. The justice receiving approval from a majority of electors remain in office for a 6-year term. After the conclusion of each term the justice must face another retention vote. Retirement is mandatory at age 75 or upon completion of

1428-412: The court sat complete with all seven justices hearing cases and disposing of cases "just as fast as they can be presented". In State v. Limon (2005), the Kansas Supreme Court unanimously struck down part of a law that sentenced Matthew Limon to prison over a decade longer than a heterosexual would have received because of different age of consent laws for homosexuals. The court ruled in 2005 that

1479-632: The document was debated and submitted to a vote in the territory, it was never accepted by Congress. The pro-slavery territorial legislature's response to the Free-Staters and growing violence was the Lecompton Constitution in 1857. Due to an electoral boycott by abolitionist groups and the questions regarding the validity of the legislature itself, it never officially became law. While the Lecompton Constitution

1530-412: The document, and submitted it to public referendum. It was ratified by the Kansas electorate on October 4, 1859. Southern senators blocked the admission of Kansas as a free state, which would have added to the number of free state senators. When they withdrew after seven states seceded , in January of 1861, Kansas's admission as a free state, effective January 29, was approved within hours. On February 8,

1581-706: The examination and certification of official court reports. To ensure compliance the Court may discipline attorneys, judges, and nonjudicial employees. When a vacancy opens up on the Kansas Supreme Court, the Kansas Supreme Court Nominating Commission submits a list of three qualified individuals to the Governor of Kansas . The commission is composed of five lawyer members and four non-lawyer members. One lawyer and one non-lawyer member must be from each of Kansas's congressional districts , and one additional lawyer member who serves as

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1632-402: The governor, Kansas Secretary of State J. W. Robinson and State Auditor George S. Hillyer, over what they believed to be the unlawful sale of state bonds to help raise Union troops. They were convicted of selling state bonds in direct violation of the laws of the state, but found innocent of conspiracy and other articles of impeachment. Only three state senators voted to impeach the governor, who

1683-492: The gubernatorial primary so he could be appointed to the Supreme Court by his successor Governor John McCuish . The Kansas Supreme Court has seven current justices. One of the current justices graduated from an out-of-state law school. Current membership includes three women (Luckert, Wilson and Standridge), two alumni of the University of Kansas School of Law (Stegall and Wall), and four alumni of Washburn University School of Law (Luckert, Rosen, Biles and Wilson) and one from

1734-497: The justice's current term. The justice who has the longest continuous service is designated by the Kansas Constitution as the chief justice, unless the justice declines or resigns the position. The chief justice's duty is to exercise the administrative authority of the court. This merit system or Missouri Plan has been used in Kansas since 1958, voted in by Kansans upset when Governor Fred Hall resigned after losing

1785-517: The legislature vote to override the veto with a two-thirds majority of their membership. The Kansas Legislature is supported by five non-partisan staff support agencies: Legislative Administrative Services, Legislative Division of Post Audit, Kansas Legislative Research Department, Office of the Revisor of Statutes, and Office of Information Services. The offices of the Chief Clerk of the House and

1836-795: The new Kansas Territorial Legislature the Bogus Legislature. After meeting for one week in Pawnee at the direction of Territorial Governor Andrew Reeder , the thirty-eight pro-slavery legislators reconvened at the Shawnee Manual Labor School between July 16 and August 30, 1855, and began crafting over a thousand pages of laws aimed at making Kansas a slave state. Free-Staters convened their own unauthorized shadow legislature and territorial government in Topeka , crafting their own Topeka Constitution in late 1855. While

1887-549: The nomination forms and chooses which potential nominees merit an interview. The interviews are conducted in the Supreme Court's Conference Room in Topeka. Generally the interview process will take a day and a half. There is no official set of questions, but topics such as the potential nominees' legal scholarship, professional experience, writing ability, and community service are normally covered. The commission also receives letters of recommendation and other background information on

1938-406: The power to call a special legislative session if needed. A proposed law is introduced in the state legislature as a bill . There are seven basic steps to the life of a bill: the introduction, standing committee action, a vote by the Committee of the Whole, floor passage, action by the second house, action by the governor and publication of the law. When a bill is introduced its title is read, it

1989-411: The right of personal autonomy, which includes the ability to control one's own body, to assert bodily integrity, and to exercise self-determination. This right allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy. The State may only infringe upon the right to decide whether to continue a pregnancy if

2040-561: The same fate as previous documents when Congress refused to ratify it. Following the Leavenworth Constitution's defeat, the territorial legislature again crafted a new document the following year, dubbed the Wyandotte Constitution . A compromise of sorts, it outlawed slavery in the territory, while removing progressive sections on Native Americans , women, and blacks. The territorial legislature passed

2091-619: The state age limit of 75. A Justice may be removed by impeachment and conviction as specified in Article 3 of the Kansas Constitution . Justices can also be forced to retire upon certification to the governor after a hearing by the Supreme Court Nominating Commission that the Justice is so incapacitated as to be unable to perform the duties of the office. Following the passage of the Kansas–Nebraska Act by

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2142-1026: The state of Kansas. For the class entering in 2023, the school accepted 48.71% of applicants with 32.84% of accepted applicants enrolling. The class had an average LSAT score of 160 and an average undergraduate GPA of 3.71. Ten clinical and field placement programs permit students, acting under faculty supervision, to develop legal skills and learn professional values in actual practice settings: Criminal Prosecution Field Placement, Elder Law Field Placement, Judicial Field Placement, Legal Aid Clinic, 6th Semester in Washington, D.C. Externship, Medical-Legal Partnership Field Placement, Paul E. Wilson Project for Innocence and Post-Conviction Remedies, and Tribal Judicial Support Clinic. The first-year curriculum includes Civil Procedure , Constitutional Law , Contracts , Criminal Law , Torts , and Property . In addition, students take Lawyering I and II, legal writing classes designed to teach legal research and writing in

2193-458: The territory, hoping that strength through numbers would place Kansas in their camp. Animosities between the newly arrived sides quickly turned into open violence and guerrilla warfare, giving name to this period known as Bleeding Kansas . During Kansas' first elections for a territorial government on March 30, 1855 , nearly 5,000 Missouri men, led by United States Senator David Rice Atchison and other prominent pro-slavery Missourians, entered

2244-453: The territory, took over the polling places, and elected pro-slavery candidates. The elections resulted in 12 pro-slavery members of the upper house of the territorial legislature and one free-state member, who resigned before taking his seat; the lower house ended up with 25 pro-slavery members and one free-state member, the latter of whom resigned following the ouster of the other Free-State members. Free-Staters immediately cried foul, naming

2295-468: Was a center of the progressive movement , with support from the middle classes, editors such as William Allen White of the Emporia Gazette , and the prohibitionists. With the help of progressive state legislators, women gained the right to vote through a constitutional amendment approved by Kansans on November 5, 1912. Between 1922 and 1927, there were several legal battles between Kansas and

2346-482: Was a major issue in the 2006 defeat of Kline by former prosecutor and then-Attorney General Paul J. Morrison whose investigation found no crimes. The Court ruled in Hermesmann v. Seyer (1993) that a woman is entitled to sue the father of her child for child support even if conception occurred as a result of a criminal act, including statutory rape , committed by the woman against the father. It also ruled that

2397-718: Was a significant third party movement in Kansas during the 1890s and peaked in the fall elections of 1892, when the ticket won the governor's office, four congressional seats, and control of the Kansas Senate . Populists and Republicans both claimed control of the Kansas House of Representatives , with the Populists accusing the Republican Party of election fraud. The dispute resulted in separate Populist-led and Republican-led Houses in 1893 that at first shared

2448-561: Was debated, new elections for the territorial legislature in 1857 gave the Free-Staters a majority government, caused in part by a boycott by pro-slavery groups. With this new mandate, the legislature convened to write the Leavenworth Constitution , a radically progressive document for the Victorian era in its wording of rights for women and African-Americans . The constitution was adopted in 1858, though it too suffered

2499-599: Was finally ratified and Kansas became a state in 1861. Republicans hold a long-standing supermajority in both houses of the state legislature, despite a short-lived dominance by the Populist Party. The state legislature approved one of the first child labor laws in the nation. Composed of 165 state lawmakers, the state legislature meets at the Kansas State Capitol in Topeka once a year in regular session. Additional special sessions can be called by

2550-693: Was founded in 1893, replacing the earlier Department of Law, which had existed since 1878. The school has more than 60 faculty members and approximately 315 students. The school is accredited by the American Bar Association and is a member of the Association of American Law Schools . With over 400,000 volumes, the Wheat Law Library at the University of Kansas School of Law is the second largest and oldest law library in

2601-506: Was less directly involved in the sale of the bonds. In 1867, a constitutional amendment was sent to voters to allow women to vote, but failed. State offices began to move from the Old Constitutional Hall to the east wing of the Kansas State Capitol in 1869, which was still undergoing construction. The state legislature first met there in 1870, though the east wing was not completed until 1873. Work would continue on

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