Court operations during cutover 

During the cutover to the Kansas eCourt case management system, Sedgwick County District Court will remain open and operating throughout most of the cutover, although in-person service will not be offered August 4. Procedure changes are authorized by Supreme Court Administrative Order 2023-CC-056. 
 
Sedgwick County District Court will stop accepting electronically filed documents from attorneys. It will also stop accepting electronic payments. The court will continue to accept paper filed documents from attorneys, and self-represented parties will be able to file on paper or by fax. It will accept only payments made in cash or by paper check.  

The full rollout schedule is below.  

Monday, July 31

Electronic filing for Track 9 will be turned off at noon Monday, July 31, and Sedgwick County District Court will begin accepting paper filings from attorneys. The court will also stop accepting electronic payments and begin accepting only payments made in cash or by paper check.

Self-represented parties can continue to file by fax or on paper throughout the conversion.

The Kansas Protection Order Portal will remain available throughout the conversion. 
 
Tuesday, August 1, through Thursday, August 3

 
Sedgwick County District Court will be open and will continue to operate during regular business hours. Electronic filing and electronic payments will still be turned off. 

Friday, August 4

Sedgwick County District Court will be closed to the public. Electronic filing and electronic payments will still be turned off. 

Monday, August 7 

Online services, including electronic filing and electronic payments, are scheduled to come back online at 12:01 a.m. August 7. The Sedgwick County District Court will be open during regular business hours and fully operating on the Kansas eCourt case management system. 
 
Track 9 go live impact on courts in Tracks 1, 2, 3, 5, 6, and 10
 
There will be minimal impact to Tracks 1, 2, 3, 5, 6, and 10 courts when data from Sedgwick County District Court is added to the Kansas eCourt case management system. Courts in these tracks already operate on the new case management system.  
 
From 5 p.m. Friday, August 4, to 12:01 a.m. Monday, August 7, the Kansas eCourt case management system will be offline for courts in Tracks 1, 2, 3, 5, 6, and 10. The courts will not accept electronic filings or electronic payments. 
 
While the Kansas eCourt case management system is offline for courts in Tracks 1, 2, 3, 5, 6, and 10, the Kansas District Court Public Access Portal will not be able to retrieve case data from those courts.  
 
Track 1, 2, 3, 5, 6, and 10 courts are: 

• 1st Judicial District: Atchison and Leavenworth counties 
• 2nd Judicial District: Jackson, Jefferson, Pottawatomie, and Wabaunsee counties 
• 3rd Judicial District: Shawnee County
• 4th Judicial District: Anderson, Coffey, Franklin, and Osage counties 
• 5th Judicial District: Chase and Lyon counties 
• 6th Judicial District: Bourbon, Linn, and Miami counties 
• 7th Judicial District: Douglas County
• 8th Judicial District: Dickinson, Geary, Marion, and Morris counties 
• 9th Judicial District: McPherson and Harvey counties 
• 11th Judicial District: Cherokee, Crawford, and Labette counties 
• 12th Judicial District: Cloud, Jewell, Lincoln, Mitchell, Republic, and Washington counties 
• 13th Judicial District: Butler, Elk, and Greenwood counties 
• 14th Judicial District: Chautauqua and Montgomery counties 
• 15th Judicial District: Cheyenne, Logan, Rawlins, Sheridan, Sherman, Thomas, and Wallace counties 
• 16th Judicial District: Clark, Comanche, Ford, Gray, Kiowa, and Meade counties 
• 17th Judicial District: Decatur, Graham, Norton, Osborne, Phillips, and Smith counties 
• 19th Judicial District: Cowley County 
• 20th Judicial District: Barton, Ellsworth, Rice, Russell, and Stafford counties 
• 21st Judicial District: Clay and Riley counties 
• 22nd Judicial District: Brown, Doniphan, Marshall, and Nemaha counties 
• 23rd Judicial District: Ellis, Gove, Rooks, and Trego counties 
• 24th Judicial District: Edwards, Hodgeman, Lane, Ness, Pawnee, and Rush counties 
• 25th Judicial District: Finney, Greeley, Hamilton, Kearny, Scott, and Wichita counties 
• 26th Judicial District: Grant, Haskell, Morton, Seward, Stanton, and Stevens counties 
• 27th Judicial District: Reno County 
• 28th Judicial District: Ottawa and Saline counties 
• 29th Judicial District: Wyandotte County
• 30th Judicial District: Barber, Harper, Kingman, Pratt, and Sumner counties 
• 31st Judicial District: Allen, Neosho, Wilson, and Woodson counties

Kansas District Court Public Access Portal 

As Kansas courts move to the Kansas eCourt case management system, their public records become available through the Kansas District Court Public Access Portal. 
 
Public records are both case data and case documents. What will be available through the portal is described in Supreme Court Rule 22: Access to Public Electronic District Court Case Records. 
 
Only documents filed after a court begins operating on the Kansas eCourt case management system will be available through the public access portal, as permitted under Supreme Court rule. Case data that predates the court beginning to operate on the Kansas eCourt case management system will be available if it complies with Supreme Court rule. 
 
Public records not available through the public access portal will be available at the courthouse using a courthouse terminal. Each court has a computer reserved for public searches of court cases and court records in that court. 
 
Sealed cases and sealed records are not public and will not be available through either the public portal or the courthouse terminal. 
 
For more information, visit Search District Court Records on the Kansas judicial branch website. 

Kansas Judicial Branch
Office of Judicial Administration
301 SW 10th Avenue
Topeka, KS  66612-1507
785-296-2256
www.kscourts.org

 
TOPEKA—The Kansas Supreme Court is accepting public comment on proposed Rule 160, which would establish guidelines for district courts to provide public access to a live proceeding by electronic means, whether by livestream, closed-circuit feed, or recording.

Public comment on the proposed rule may be made by email to publiccomments@kscourts.org until noon Saturday, April 8. The subject line must read “Rule 160.”
 
If adopted, the proposed rule establishes guidelines for public proceedings that cover:

* broadcasting the proceeding live, whether over the internet or by closed-circuit feed;

* recording the proceeding;

* when to initiate and terminate a broadcast or recording; and

* responding to motions to limit broadcasting or recording.

The proposed rule also specifies that attorneys are responsible for maintaining privileged communication by silencing microphones and being aware of camera angles that could disclose written or oral communication between the attorney and their client.


This rule does not apply to a district court electronically recording a proceeding under Rule 360 as part of the court record.

Kansas Judicial Branch
Office of Judicial Administration
301 SW 10th Avenue
Topeka, KS 66612-1507
785-296-2256
www.kscourts.org

­

In other years, the chief justice has formally addressed a joint session of the Kansas Senate and House of Representatives. This year Luckert announced she would deliver the State of the Judiciary address by video to protect the safety and well-being of members of the legislative, executive, and judicial branches during the COVID-19 pandemic.

Luckert acknowledged much of this year's report focuses on the ways Kansas courts confronted the challenges the pandemic posed.

"I am proud to say that Kansas judicial branch employees and judges reacted by harnessing bold ideas, implementing thoughtful solutions, and adopting a spirit of perseverance that moved our judiciary forward. Many innovations provided Kansans with easier means for accessing courts," she said.

Because of their efforts, she added, essential court operations never stopped in 2020.

"The judges and employees of the Kansas judicial branch channeled the drive to care for neighbors into virtual court hearings, remote working environments, carefully crafted plans for making court offices and courtrooms safer, and new strategies for safeguarding the health of all who enter Kansas courthouses," she said.

Luckert detailed many of the judicial branch's efforts to keep courts operating during the pandemic and its other innovations and accomplishments in 2020.

Jury trials and Ad Hoc Jury Task Force

Jury trials have presented challenges from the start of the pandemic and continue to do so. Courts must uphold the constitutional right to a jury trial while providing jurors, witnesses, and the public assurance that courtrooms are safe.

The Supreme Court temporarily canceled new jury trials in mid-March. By the end of May, the Supreme Court allowed jury trials to resume when needed to protect a person's constitutional right to speedy trial. A later order allowed courts to proceed with jury trials in any case as long as the court has consulted with the local public health department, is operating in accordance with an approved jury plan to help ensure the safety of all participants, and is adhering to all health guidelines in relevant administrative orders.

The Supreme Court created the Ad Hoc Jury Task Force to analyze the issues courts would face when jury operations resumed. The task force's report, Resuming Trials Amid COVID-19, includes best practices judges can use to establish jury plans in their districts.

Ad Hoc Virtual Court Proceedings Committee

The Supreme Court established the Ad Hoc Virtual Court Proceedings Committee to study and recommend best practices for using videoconferencing in Kansas courts. The committee delivered its Kansas trial courts virtual courtroom standards and guidelines for district courts to follow.

Appellate court dockets

Appellate courts shifted proceedings to a videoconference format to enable the appellate courts to continue to hear cases. Oral arguments are now livestreamed on YouTube.

Self-represented litigant case filing

Because self-represented litigants are not allowed to efile, the Supreme Court developed ways for them to file documents with the district and appellate courts after physical access to courthouses was restricted.

Marriage licenses

Before the pandemic, parties needed to appear in person at a courthouse to sign necessary documents and take an oath. The judicial branch used grant funding to develop an online marriage license application in partnership with the Information Network of Kansas and Kansas.gov. This new process allows couples to apply for a license at any time from any location without the need for in-person contact at a courthouse.

Protection order portal

Individuals seeking an order of protection from abuse, stalking, sexual assault, or human trafficking typically go to a courthouse to pick up the forms needed to begin a largely paper-based, in-person process. Grant funding paid for a web-based protection order portal for filing protection orders. The portal launched December 1 in Harvey, Johnson, and Riley counties and will be expanded to the state's remaining counties.

Virtual court directory

Grant funding paid for an online virtual court directory to provide a central location to access a virtual court proceeding that is open to the public. The portal lists participating judges by judicial district and provides links to livestreamed court proceedings and dockets.

Other technological innovations

Among other innovations in 2020, the judicial branch rolled out a new website and implemented a text notification system that allows courts to communicate with court participants about hearing dates and provide other information. The courts also continued implementing the branch's statewide centralized case management system, bringing 17 counties on board.

Other accomplishments

The Ad Hoc Pretrial Justice Task Force delivered its final report to the Supreme Court. The report contains 19 recommendations that address all stages of the pretrial justice process, from points before arrest to trial.

The court also received recommendations from the National Center of State Courts about ways to improve services to self-represented litigants. The judicial branch conducted training and implemented several recommendations.

Other accomplishments include the implementation of a court interpreter orientation program, rule amendments making it easier for attorneys to provide pro bono services and clarifying attorney discipline procedures, and efforts to strengthen and expand specialty courts. The year ended with a four-part webinar designed to help courts set up and operate veteran treatment courts.

Pandemic-related grants

Two significant grants helped pay for many of these innovations.

In July, the judicial branch received $1.6 million from the federal Coronavirus Emergency Supplemental Funding Program (CESF) to help pay for technology improvements to provide digital access to justice and allow courts to conduct more operations remotely.

In September, the judicial branch received a $3.52 million Coronavirus Relief Fund (CRF) grant to pay for pandemic-related expenses and to help courts shift to more online and remote services. The State Finance Council approved the grant following a recommendation from the governor’s Strengthening People and Revitalizing Kansas (SPARK) Task Force.

Pandemic impact on revenues and expenditures

When attorneys, their clients, and courts shifted operational practices because of the pandemic, the number of case filings dropped, and the judicial branch saw a corresponding decrease in docket fees.

For the last four months of fiscal year 2020—from  March through June 2020—the judicial branch received about $2.7 million less than it had budgeted in its docket fee fund.

For the first five months of fiscal year 2021—from July through November 2020—the judicial branch received about $2 million less in docket fee revenue to the docket fee fund and the electronic filing and management fund than it did over that same period the previous year—an approximate 16% loss for those two funds for that period.

The judicial branch absorbed these decreases by instituting a hiring freeze and cutting other expenditures. Currently, around 11% of judicial branch employee positions are vacant.

Budget requests

The chief justice also outlined several budget requests.

A workload study showed the judicial branch does not have enough court services officers to adequately perform all statutorily mandated duties. To meet that need, the judicial branch must hire 70 additional court services officers. The judicial branch fiscal year 2022 budget request contains $4.3 million for that expenditure.

The judicial branch received grant funding to conduct market salary studies for its approximately 1,600 employee positions in 2016. That study was updated in 2018. In the years following those studies, the Office of Judicial Administration updated the information by applying the consumer price index increase for the relevant fiscal year. Updated data for fiscal year 2020 shows that, depending on job classification, judicial branch employees still need increases from 2.7% to 18.9% to bring their salaries to market level, allowing the judicial branch to compete with other public and private sector employers. The judicial branch fiscal year 2022 budget request contains $10.8 million to bring employee salaries to market level.

Kansas judges remain among the lowest paid judges in the nation. National Center for State Courts statistics as of July 1, 2020, showed Kansas district judge pay ranks 48th out of 50 states both in actual pay and when adjusted for cost of living. The judicial branch fiscal year 2022 budget request includes $9.4 million to bring district judge pay equal to an average salary for district judges, after making a cost of living adjustment, in Colorado, Missouri, Nebraska, and Oklahoma. The request would increase salaries for appellate court justices and judges and district magistrate judges by the same percentage increase. This salary increase would improve Kansas' district judge actual salary to 25th out of 50 states.

State of Kansas
Office of Judicial Administration
Kansas Judicial Center
301 SW 10th Avenue
Topeka, KS 66612-1507
785-296-2256
www.kscourts.org

“We want people coming into our courthouses and courtrooms to know we are taking appropriate measures to protect their health,” Luckert said.

One order provides clarity about public health directives courts must follow, and others renew the suspension of certain deadlines and time limitations while courts work toward resuming full operations.

“By temporarily suspending some deadlines and time limitations, we uphold the legal and constitutional rights afforded all of us while our courts manage case processing consistent with public health guidelines,” Luckert said.

New administrative orders

Administrative Order 2020-PR-054 applies to Kansas district and appellate courts. It requires courts to comply with orders of the chief justice and the governor; COVID-19 safety directives from the Office of Judicial Administration; and public health guidance from state and local health officials and OSHA.

The order requires courts that remain closed to the public to meet certain conditions before allowing walk-in visitors, including seeking guidance from the local public health official about how to return to in-person hearings based on local risk and the courthouse facility. The chief judge must assure compliance with health recommendations, have a plan for screening people entering a courtroom or court office, and provide court contact information should someone be denied entry due to health concerns.

The order directs that all hearings should be conducted remotely, if possible. It prohibits most in-person proceedings that require more than 10 people in a courtroom, and it requires that all persons in a courtroom be at least 6 feet apart.

The order allows jury trials to proceed if it's required to preserve a person's constitutional right to a speedy trial and the court has presented its departmental justice a plan that:

• allows for voir dire, or jury selection, involving jury panels numbering no more than 12 at a time;
• uses a location that provides for social distancing;
• designates how and where sidebar conversations will occur;
• specifies how exhibits will be handled between attorneys, court staff, and jurors;
• provides a videostream of the proceedings for public viewing, if necessary; and
• specifies how the jury will be managed to meet social distancing requirements, addresses jurors' ability to hear and see witnesses and exhibits, and identifies where jurors will deliberate, including how they will leave for and return from deliberation.

Administrative Order 2020-PR-055 renews the suspension of certain deadlines and time standards, including applicable statutory speedy trial provisions, for any municipal court closed or continuing trials because of COVID-19. The suspensions remain in effect until the court reopens and can reasonably place the case on its calendar, or until further order. The suspensions do not apply when a person is held in custody.

The order also continues to authorize courts to conduct hearings by two-way telephone conference or videoconference communication to the extent it is permitted by the United States and Kansas Constitutions.

Administrative Order 2020-PR-056 authorizes courts to conduct hearings by two-way telephone conference or videoconference communication. The authorization applies to criminal, juvenile offender, civil, probate, child in need of care, and other proceedings. It includes all pretrial, trial, and post-trial proceedings, including plea, criminal sentencing, probation revocation, show cause, or any other proceeding. It encourages judges and litigants to use remote proceedings whenever possible and especially when a person involved in the case expresses health concerns.

The order requires remote proceedings to allow for confidential communication, and that the proceedings be publicly available during the proceeding or by recording afterward.

The order remains in effect until further order of the chief justice or until it expires under terms specified in House Substitute for Senate Bill 102, which is 150 days following the expiration of a declared state of disaster emergency.

Administrative Order 2020-PR-057 suspends all statutory deadlines and time limitations to bring a defendant to trial. The suspension remains in effect until further order or it expires under provisions in House Substitute for Senate Bill 102.

Administrative Order 2020-PR-058 suspends statutes of limitations, statutory time standards, or deadlines that apply to conducting or processing judicial proceedings. Under the order, no action may be dismissed for lack of prosecution or failure to meet a deadline, except when a judge, appellate judicial officer, or hearing officer exempts a case from the suspension.

The order does not affect deadlines or time limitations to bring a criminal defendant to trial, as those are suspended by Administrative Order 2020-PR-057.

The suspensions under this order remain in effect until further order or they expire under provisions in House Substitute for Senate Bill 102.

Court operations during pandemic

For all court actions related to the pandemic, visit Kansas courts response to COVID-19. 

State of Kansas
Office of Judicial Administration
Kansas Judicial Center
301 SW 10th Avenue
Topeka, KS 66612-1507
785-296-2256
www.kscourts.org

Click here to view the Administrative Order 20-6.

Source:  U.S. District Court of the District of Kansas
Posted:  April 17, 2020

Some district courts to resume issuing marriage licenses

Remote process will serve marriage license applicants statewide.

TOPEKA—The Kansas Supreme Court announced today that its Office of Judicial Administration worked with judicial districts to create a process that will allow some district courts to resume issuing marriage licenses while courts remain closed to in-person contact due to the COVID-19 pandemic.

“The demand for marriage licenses continues even as we honor our state’s stay at home order,” said Chief Justice Marla Luckert. “To meet this demand, our courts developed a process that allows a couple to get a marriage license without in-person contact with court staff, which is consistent with our efforts to protect the health of court workers, judges, and the people who need our services.”

New process starts Monday in select locations

Luckert said that 10 courts will issue marriage licenses using the new process, and they will begin accepting applications Monday. Applicants must call a court to begin the process.

“This new process depends on phone, email, and U.S. mail to replace what previously was done in person in the clerk of court office,” Luckert said. “We encourage applicants to be patient with district staff who will be working to meet this need while continuing to operate at reduced staffing in compliance with public health recommendations.”

Courts that will issue marriage licenses

People who live in Johnson, Sedgwick, Shawnee, or Wyandotte county will get their marriage licenses through the district court in their county:

• Johnson County District Court— Olathe — 913-715-3428
• Sedgwick County District Court— Wichita — 316-660-5900
• Shawnee County District Court— Topeka — 785-251-6362
• Wyandotte County District Court— Kansas City — 913-573-2843
  

People who live in other counties will choose from six other court locations to get a marriage license:

• Crawford County District Court— Pittsburg — 620-231-0380
• Douglas County District Court— Lawrence — 785-832-5256
• Ellis County District Court— Hays — 785-628-9415
• Finney County District Court— Garden City — 620-271-6120
• Ford County District Court— Dodge City — 620-227-4609
• Harvey County District Court— Newton — 316-284-6890
  

Courts will receive applications by encrypted email or mail

Marriage license paperwork requires the applicant to provide a photo identification that includes personally identifiable information, such as date of birth, Social Security Number, or driver’s license number. To protect this information, courts will begin an encrypted email exchange with the applicant through which the applicant will return completed paperwork.

If an applicant does not have email, courts will also send and receive paperwork by U.S. mail.

Fulfilling the oath requirement

Marriage license applicants previously were required to appear in person in the clerk of court’s office to swear an oath that includes affirming:

• they are of lawful age to marry or have necessary consent to marry;
• are not related in degrees prohibited by law; and
• no legal reason exists why they should not marry.

Under the new process, applicants will make this affirmation on paper.

Prior marriage license applications will not be processed

If a person submitted a marriage license application before courts closed to in-person contact, and the marriage license was not issued, the person will need to submit a new application to a court issuing marriage licenses using this new process. This applies even if the earlier application was submitted to a court that will now issue marriage licenses, and it is to ensure all requirements are met.

Courts on limited operations due to COVID-19 pandemic

The Supreme Court issued an administrative order placing state courts on emergency operations as a result of the COVID-19 pandemic, and subsequent orders provided additional guidance to courts, attorneys, and court users.

Administrative Order 2020-PR-016, issued March 18, instructed courts statewide to cease regular operations to minimize or eliminate in-person contact that could put court workers, judges, and the public at risk of contracting or spreading COVID-19. It specified which functions must be performed by courts and it directed courts to identify essential personnel needed to carry out these functions.

Administrative Order 2020-PR-32, issued April 3, amended Order 2020-PR-016 to clarify that courts continue to perform essential functions and may also perform functions not deemed essential as local resources and circumstances allow.

Executive Order No. 20-20, temporarily allowing notaries and witnesses to act via audio-video communication technology.

Click here to view the order.

Source:  KBA COVID-19 Taskforce 4-10-20

SEDGWICK CO. CIVIL DEPARTMENT
SUMMARY and APPLICATION OF SUPREME COURT ADMINISTRATIVE ORDER
2020-PR-32 Issued April 3, 2020
Amending 2020-PR-16 Issued March 18, 2020           

Members of Civil Bar Practicing in Sedgwick County:

Friday, Apr. 3, 2020, the Kansas Supreme Court issued Administrative Order 2020-PR-32.  It amends Ks. Sup. Ct. A.O. 2020-PR-16 issued Mar. 18, 2020.  The most significant modifications for civil court address new Foreclosure and Eviction cases and are covered on page 2.

The new A.O. 2020-PR-32 gives further directions on what actions district courts must, can and cannot do.  Almost all civil matters are “non-essential” functions.  Paragraph 6 of the Order states, “Nonessential functions may be performed in a manner consistent with this order as local resources and circumstances allow.” 

JUDICIAL DISCRETION               As implied in A.O. 2020-PR-32 Section 2, prospective scheduling of hearings or trials is subject to the decision of the assigned judge.  The decision of the assigned judge will also be subject to “local resources and circumstances”, including the need for a record and the availability of court personnel.

CIVIL JURY TRIALS        Section 3 of A.O. 2020-PR-32 states, “All jury trials, both civil and criminal, scheduled to begin in any Kansas state court on or after March 18, 2020, are continued until further order of the Chief Justice.”                     

Rescheduling jury trials which were set to start between March 18, and the resumption of normal court operations will not have any certainty until after the Supreme Court reopens the courts to jury trials.

CIVIL BENCH TRIALS    The new A.O. does not specifically prohibit bench trials.  But they must be conducted by two-way telephonic or electronic audio-visual communication and only “as local resources and circumstances allow”.  Sg. Co Courts are arranging for judges to be able to host recorded audio-visual “meetings” using WebEx for a 90-day trial period.

CIVIL MOTION HEARINGS       The new A.O. does not prohibit non-evidentiary civil motion hearings.  But they must also be conducted by two-way telephonic or electronic audio-visual communication and only “as local resources and circumstances allow”. 

HEARINGS BY REMOTE COMMUNICATION   The requirement for “two-way telephonic or electronic audio-visual communication” can be interpreted to mean all participants must appear by remote, including that the party and their attorney should be remote from each other.  

NEW FORECLOSURE and CH. 61 EVICTION/COLLECTION PETITIONS     The clerk’s office will begin accepting new foreclosure and Chapter 61 eviction/collection petitions.

              At this point, we can only guess at the dates that the Court will return to business as usual.  In an effort, to avoid an overload of new case filings and overburdened appearance dockets when the Court opens, we have come up with the following schedule for setting appearance dates for Chapter 61 issuance of Summons

Until the Kansas Courts return to normal operations or until further Order of the Kansas Supreme Court or further Order of this Court:

The Following Schedule for Summons Appearance Dates will be applied for new Chapter 61 case filings, including eviction cases and collection cases.

For cases filed during                                            The Summons Appearance Date  

  the following weeks:                                                           shall be:

              April 4-10, 2020 ………………………………… June 3, 2020 at 1:30 p.m.         

              April 11-17, 2020 ………………………………. June 10, 2020 at 1:30 p.m.    

              April 18-24, 2020 ………………………………. June 17, 2020 at 1:30 p.m.    

             April 25 - May 1, 2020 ………………………… June 24, 2020 at 1:30 p.m.    

              May 2-8, 2020 …………………………………… July 1, 2020 at 1:30 p.m.         

              May 9-15, 2020 …………………………………. July 8, 2020 at 1:30 p.m.         

             May 16-23, 2020 ………………………………… July 15, 2020 at 1:30 p.m.    

             May 24-30, 2020 ………………………………... July 22, 2020 at 1:30 p.m.    

The Court will be directing the Civil Clerk’s office to reject any Summons that does not comply with the above schedule.

If summons is issued as above and the Courts have not reopened by the date of any dates listed for Summons Appearance Date, we intend to send a press release to tell the Summons recipients for a specific date not to appear.  Plaintiff’s attorneys will then need to issue an Alias Summons for a new appearance date for any cases previously filed with an appearance date set on a day the courts are not open.

Attorneys may prefer to delay filing of a Summons until after the Supreme Court extinguishes the recent A.O.s.  Return to normal court operations may provide certainty that the courts will be open on the scheduled appearance date.

On foreclosure cases, counsel should consider the effects of the Governor’s Exec. Ord. 20-10 (Mar. 23, 2020) on claim statements in petitions and findings in a foreclosure judgment.  Our Court will not approve an Order for a Sheriff Sale until normal court operations resume.

LITIGATION MATTERS SUCH AS DISCOVERY OR MEDIATION     A.O. 2020-PR-32 “does not limit the conduct of litigation – including such matters as discovery or mediation – that does not involve a judge or judicial employee.” 

Section 17 further states, “all statutes of limitations and statutory time standards or deadlines applying to the conduct or processing of judicial proceedings are suspended until further order.  During the effective dates of this A.O., no action shall be dismissed for lack of prosecution.  Parties are encouraged to meet all deadlines that do not require in-person meetings.”

We have learned that some attorneys believe that deadlines in Scheduling Orders/Case Management Orders are suspended.  That is NOT correct. 

Deadlines and other dates set in a Scheduling Order/Case Management Order are established by counsel with the approval of the Court.  They are NOT statutory deadlines. 

 This is consistent with prior interpretation by the Sg. Co. Civil Department.  Civil deadlines included in Case Management or Scheduling Orders are still in place. 

The assigned civil judge, may within their discretion liberally grant extensions or amendments of those deadlines.  And attorneys are requested to graciously agree to reasonable extensions.  That seems especially appropriate when discovery is delayed due to limited staffing, limited space for maintaining safe distances or any reasonable consequence of efforts to avoid potential for transmission of COVID-19.  Agreed extensions should be submitted by E-filing.

GENERAL ELECTRONIC FILING OPERATIONS UNCHANGED               Electronic filings of pleadings and documents will continue to occur.   However, Section 18 of the A.O. states, “Processing of filings related to nonessential functions may be delayed depending on staffing levels and the demands of essential functions. 

Very truly yours,

Eric A. Commer
Civil Presiding Judge – Division 28
Sedgwick Co. District Court

This order applies to municipal courts some of the same provisions regarding state court operations and deadlines as outlined in Administrative Order 2020-PR-016 and continued in 2020-PR-32. It authorizes municipal courts to conduct hearings by videoconference and suspends deadlines and time limitations related to speedy trial and arraignment while the order is in effect.

https://www.kscourts.org/KSCourts/media/KsCourts/Orders/2020-PR-031.pdf?ext=.pdf

Governor Laura Kelly directed that all executive branch offices, including OAH, will be closed from March 23 to April 5, 2020, to reduce the spread of COVID-19 (coronavirus).  All hearings and prehearing conferences scheduled during this two week period are cancelled and will be rescheduled.  OAH tentatively is scheduled to reopen on April 6, 2020.

To ensure access to OAH during this time, documents and exhibits may be submitted in one of three ways:

1.  Use the e-filing system if you are an approved e-filer.  If you are not an approved e-filer, you may access the e-filing system by completing the E-filing Terms of Use Agreement. This Agreement is located at the “Resources” tab on the OAH website.

2.  Use TemporaryFilingOAH@ks.gov to send documents and exhibits to OAH.  This temporary email address will be monitored by OAH staff while OAH is closed.

3.  File by fax at 785-296-4848.

Cheryl L. Whelan
Director & Administrative Law Judge
Office of Administrative Hearings
1020 S. Kansas Avenue
Topeka, KS  66612
Phone (785) 296-2433
Fax (785) 296-4848
Cheryl.Whelan@ks.gov

2020-03-18_kan_supreme_ct_ad.pdf

Chief Justice Lawton Nuss is retiring this month.  Justice Marla Luckert will be the new Chief.  A replacement for Justice Nuss has not yet been appointed.