Kansas Court of Appeals
Encyclopedia
The Kansas Court of Appeals is the intermediate-level appellate court
for the U.S. state
of Kansas
.
crated the first Kansas Court of Appeals in 1895, to help the Kansas Supreme Court
with an increasingly heavy caseload. The original statute
that created the court contained a sunset provision
that allowed the court to expire in 1901. The Court of Appeals was reestablished permanently in 1977 as a seven member appellate court—expanded to ten judges in 1987, then later to twelve.
s from orders of the State Corporation Commission
, original actions in habeas corpus
, and all appeals from the state district courts in both civil
and criminal
cases (except those that may be appealed directly to the Kansas Supreme Court).
. The court also has the power to review matters en banc
. Each panel typically rules on approximately 30 appeals over a two-day period every month. Decisions of the Court of Appeals are filed weekly, usually on Friday mornings.
There is no right to an appeal from the judgments of the Court of Appeals. Parties
who lose their appeal in the Court of Appeals may petition the Kansas Supreme Court to review the decision, but the justices are not required to do so.
, after being selected from a list of qualified individuals submitted to him by the Supreme Court Nominating Commission. The Kansas Supreme Court is responsible for selecting the chief judge of the court.
As of 2008, the judges on the court are:
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
.
History
The Kansas LegislatureKansas Legislature
The Kansas Legislature is the state legislature of the U.S. state of Kansas. It is a bicameral assembly, composed of the lower Kansas House of Representatives, composed of 125 Representatives, and the upper Kansas Senate, with 40 Senators...
crated the first Kansas Court of Appeals in 1895, to help the Kansas Supreme Court
Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Lawton Nuss, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals...
with an increasingly heavy caseload. The original statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
that created the court contained a sunset provision
Sunset provision
In public policy, a sunset provision or clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law...
that allowed the court to expire in 1901. The Court of Appeals was reestablished permanently in 1977 as a seven member appellate court—expanded to ten judges in 1987, then later to twelve.
Jurisdiction
The Court of Appeals hears all appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from orders of the State Corporation Commission
Kansas Corporation Commission
The Kansas Corporation Commission is the public utilities commission of the state of Kansas run by three Commissioners appointed by the Governor with the approval of the Senate...
, original actions in habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, and all appeals from the state district courts in both civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases (except those that may be appealed directly to the Kansas Supreme Court).
Procedures
Kansas Court of Appeals judges sit in panels of three at locations throughout the state, but most frequently at the primary courtroom in the Kansas Judicial Center in TopekaTopeka, Kansas
Topeka |Kansa]]: Tó Pee Kuh) is the capital city of the U.S. state of Kansas and the county seat of Shawnee County. It is situated along the Kansas River in the central part of Shawnee County, located in northeast Kansas, in the Central United States. As of the 2010 census, the city population was...
. The court also has the power to review matters en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
. Each panel typically rules on approximately 30 appeals over a two-day period every month. Decisions of the Court of Appeals are filed weekly, usually on Friday mornings.
There is no right to an appeal from the judgments of the Court of Appeals. Parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
who lose their appeal in the Court of Appeals may petition the Kansas Supreme Court to review the decision, but the justices are not required to do so.
Judges
Court of Appeals judges are appointed to four-year terms by the Governor of KansasGovernor of Kansas
The Governor of the State of Kansas is the head of state for the State of Kansas, United States. Under the Kansas Constitution, the Governor is also the head of government, serving as the chief executive of the Kansas executive branch, of the government of Kansas. The Governor is the...
, after being selected from a list of qualified individuals submitted to him by the Supreme Court Nominating Commission. The Kansas Supreme Court is responsible for selecting the chief judge of the court.
As of 2008, the judges on the court are:
Justice | Birthplace | Year Service Began | Appointing Governor | Law School |
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Gary Rulon Gary W. Rulon is the Chief Judge of the Kansas Court of Appeals. He was appointed to this court in 1988 and he was appointed Chief Judge in 2001. -Biography:... (Chief Judge) |
Manhattan, Kansas Manhattan is a city located in the northeastern part of the state of Kansas in the United States, at the junction of the Kansas River and Big Blue River. It is the county seat of Riley County and the city extends into Pottawatomie County. As of the 2010 census, the city population was 52,281... |
Mike Hayden John Michael Hayden, was the 41st Governor of Kansas. He subsequently served as Secretary of the Kansas Wildlife and Parks Department under governors Kathleen Sebelius and Mark Parkinson.-Early life:... |
Washburn University School of Law The Washburn University School of Law, commonly referred to as Washburn Law, is a public law school located on the main campus of Washburn University in Topeka, Kansas. Washburn Law was founded in 1903. The school has 79 faculty members and 445 students... |
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Jerry Elliott Jerry G. Elliott was a judge on the Kansas Court of Appeals. Elliot served on this court from 1987 until his death.-Biography:... |
Fort Scott, Kansas Fort Scott is a city in and the county seat of Bourbon County, Kansas, United States, south of Kansas City, on the Marmaton River. As of the 2010 census, the city population was 8,087. It is the home of the Fort Scott National Historic Site and the Fort Scott National... |
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Mike Hayden John Michael Hayden, was the 41st Governor of Kansas. He subsequently served as Secretary of the Kansas Wildlife and Parks Department under governors Kathleen Sebelius and Mark Parkinson.-Early life:... |
University of Kansas School of Law The University of Kansas School of Law is a public law school located on the main campus of the University of Kansas in Lawrence, Kansas. The University of Kansas Law School was founded in 1893, replacing the earlier Department of Law, which had existed since 1878. The school has more than 50... |
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Kansas City, Kansas Kansas City is the third-largest city in the state of Kansas and is the county seat of Wyandotte County. It is a suburb of Kansas City, Missouri, and is the third largest city in the Kansas City Metropolitan Area. The city is part of a consolidated city-county government known as the "Unified... |
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Mike Hayden John Michael Hayden, was the 41st Governor of Kansas. He subsequently served as Secretary of the Kansas Wildlife and Parks Department under governors Kathleen Sebelius and Mark Parkinson.-Early life:... |
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Henry W. Green Henry W. Green, Jr. is a judge on the Kansas Court of Appeals. He has judged on this court since 1993.-Biography:Judge Green was born on January 15, 1949 in Leavenworth, Kansas. He graduated from Kansas State University with majors in History and Political Science in 1972. He received his law... |
Leavenworth, Kansas Leavenworth is the largest city and county seat of Leavenworth County, in the U.S. state of Kansas and within the Kansas City, Missouri Metropolitan Area. Located in the northeast portion of the state, it is on the west bank of the Missouri River. As of the 2010 census, the city population was... |
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Joan Finney Joan Finney , served as the 42nd Governor of Kansas from 1991 to 1995.She was born Joan Marie McInroy in Topeka, Kansas, the daughter of Leonard and Mary Sands McInroy. She graduated from high school in Manhattan, Kansas in 1942. In 1957, she married Spencer Finney, Jr... |
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Christel Marquardt Christel E. Marquardt is a judge on the Kansas Court of Appeals. She has served on this court since 1995.Christel E. Marquardt is a judge on the Kansas Court of Appeals. She has served on this court since 1995.... |
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Joan Finney Joan Finney , served as the 42nd Governor of Kansas from 1991 to 1995.She was born Joan Marie McInroy in Topeka, Kansas, the daughter of Leonard and Mary Sands McInroy. She graduated from high school in Manhattan, Kansas in 1942. In 1957, she married Spencer Finney, Jr... |
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Tom Malone (judge) Tom Malone is a judge on the Kansas Court of Appeals. He has judged on this court since 2003.Tom Malone is a judge on the Kansas Court of Appeals. He has judged on this court since 2003.... |
Wichita, Kansas Wichita is the largest city in the U.S. state of Kansas.As of the 2010 census, the city population was 382,368. Located in south-central Kansas on the Arkansas River, Wichita is the county seat of Sedgwick County and the principal city of the Wichita metropolitan area... |
Bill Graves William Preston "Bill" Graves , was the 43rd Governor of Kansas from 1995 until 2003.Graves was born in Salina, Kansas in 1953 to parents who owned a trucking firm... |
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Richard D. Greene Richard D. Greene is Chief Judge of the Kansas Court of Appeals. He was appointed to the Court by Governor Sebelius in June of 2003, and he was appointed Chief by the Kansas Supreme Court in November of 2010.-Biography:... |
Hermann, Missouri Hermann is a city designated in 1842 as the county seat of Gasconade County, Missouri, United States. It is near the center of the Missouri Rhineland and south of the Missouri River. The population was 2,674 at the 2000 census.... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
Dedman School of Law The Southern Methodist University School of Law, commonly referred to as SMU Law School or Dedman School of Law is a prominent professional graduate law school located in Dallas, Texas. Founded in February 1925, the school remains the only law school in Dallas... SMU Southern Methodist University Southern Methodist University is a private university in Dallas, Texas, United States. Founded in 1911 by the Methodist Episcopal Church, South, SMU operates campuses in Dallas, Plano, and Taos, New Mexico. SMU is owned by the South Central Jurisdiction of the United Methodist Church... |
Stephen D. Hill Stephen D. Hill is a judge on the Kansas Court of Appeals. He was appointed to this position by Governor Sebelius in 2003.-Biography:Judge Hill was born on December 18, 1950 in Fort Scott, Kansas. He graduated from the University of Kansas with a B.A. in English in 1972. He went on to receive... |
Fort Scott, Kansas Fort Scott is a city in and the county seat of Bourbon County, Kansas, United States, south of Kansas City, on the Marmaton River. As of the 2010 census, the city population was 8,087. It is the home of the Fort Scott National Historic Site and the Fort Scott National... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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Patrick McAnany Patrick D. McAnany is a judge on the Kansas Court of Appeals. He was appointed to this position by Governor Sebelius and took office in 2004.Patrick D. McAnany is a judge on the Kansas Court of Appeals. He was appointed to this position by Governor Sebelius and took office in 2004.Patrick D.... |
Sweetwater, Texas Sweetwater is the county seat of Nolan County, Texas, United States. The population was 11,415 at the 2000 census.-History:Sweetwater received a U.S. post office in 1879. The Texas and Pacific Railway started service in 1881, with the first train arriving on March 12 of that year, beginning... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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Nancy Caplinger Nancy Moritz Caplinger is a justice on the Kansas Supreme Court. She was appointed to this position by Governor Parkinson in November 2010 and was sworn in on January 7, 2011.-Biography:... |
Beloit, Kansas Beloit is a city in and the county seat of Mitchell County, Kansas, United States. As of the 2010 census, the city population was 3,835.- History :... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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Michael Buser Michael B. Buser is a judge on the Kansas Court of Appeals. He was appointed to this position in January of 2005 by Governor Sebelius.-Biography:... |
Kansas City, Missouri Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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Steve Leben Steve Leben is a judge on the Kansas Court of Appeals. He has judged on this court since June 2007.-Biography:Judge Leben was born on June 23, 1956 in Eureka, Kansas. He graduated from the University of Kansas with a B.S. in journalism in 1978... |
Eureka, Kansas Eureka is a city in and the county seat of Greenwood County, Kansas, United States. As of the 2010 census, the city population was 2,633.-History:... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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Melissa Standridge Melissa Taylor Standridge is a judge on the Kansas Court of Appeals. She joined the court in 2008.-Education:Judge Standridge earned her undergraduate degree from the University of Kansas in business administration. In 1993 she earned her law degree from the University of Missouri - Kansas City... |
Kansas City, Missouri Kansas City, Missouri is the largest city in the U.S. state of Missouri and is the anchor city of the Kansas City Metropolitan Area, the second largest metropolitan area in Missouri. It encompasses in parts of Jackson, Clay, Cass, and Platte counties... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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