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Minutes for HB2020 - Committee on Judiciary

Short Title

Changing the supreme court clerk's information requirements for licensed attorneys and changing procedures related to the supreme court nominating commission and the judicial district nominating commissions.

Minutes Content for Mon, Jan 28, 2019

The Chairperson opened the hearing on HB2020.

Natalie Scott, Assistant Revisor, provided an overview of the bill HB2020(Attachment 2)

Joseph N. Molina on behalf of the Kansas Bar Association testified in support of HB2020. The KBA supports this bill for two main reasons. First, it provides security for personal identifying information required of licensed Kansas attorneys. Second, it unburdens the Kansas Supreme Court from unnecessary and duplicative regulations.  Mr. Molnia answered questions from the committee membership.  (Attachment 3)

Callie Jill Denton, Executive Director, Kansas Trial Lawyers Association testified in support of HB2020. The process established in the 2016 H. Sub. for SB128 creates a conflict with the separation of powers. The new law grants authority to both the Secretary of State and the Attorney General to count ballots and tabulate results as canvassers. The Clerk is also required to create and report to the Secretary of State certified lists of attorneys qualified to vote, including a list of each attorney that voted along with the attorney’s residential address. Only the judicial branch may regulate the practice of law and attorneys; HB2020 restores the necessary separation between the branches of government. Also, the application of KORA to lists of attorneys voting in commission elections along with their personal information is duplicative and invasive.  Business information is available on the judicial branch website in a searchable database of all Kansas attorneys that are licensed and in good standing.  Ms. Denton answered questions from the committee membership. (Attachment 4)

Supportive written testimony of HB2020 was submitted by:
Mark A. Dupree, District Attorney of Wyandotte County. (Attachment 5)
Deborah Hughes, Kansas Attorney. (Attachment 6)
Jay Hall, Kansas Attorney and concerned citizen. (Attachment 7)

Neutral written testimony of HB2020 was submitted by:
Doug Shima, Clerk of the Appellate Courts. (Attachment 8)
Stan Hazlett, Kansas Disciplinary Administration. (Attachment 9)

Jeanne Gawdun, Senior Lobbyist with Kansas for Life, testified as an opponent for HB2020. Kansas is currently the only state in the nation to utilize a Supreme Court Nomination Commission with the majority control in the hands of Kansas attorneys. Of the nine Commission members, five are attorneys and four are appointed by the governor. KFL opposes the current Commission because it wrongly allows attorneys a disproportionate influence in the process, while denying citizens their rightful vote. HB2020's reversal of transparency and accountability in the judicial selection process is more than just a wrong step, it is an indefensible attempt to return the process back to the control of a few individuals behind closed doors. Ms. Gawdun answered questions from the membership. (Attachment 10)

Representative Jennings requested a copy of the Shawnee Court Nominating Commission Application Form. Legislative Research will provide this for all membership.

There being no further conferees, Chairperson Patton closed the hearing on HB2020.

The meeting was adjourned at 4:46 pm.