Month: February 2016

Kansas House defeats judicial selection bill

House Democratic Leader Tom Burroughs
House Democratic Leader Tom Burroughs

Democrats say it was a ‘power grab’ by Brownback and Republicans

The Kansas House of Representatives has rejected an effort that would have amended the Kansas Constitution to change the way judges are selected.

The measure, which required a two-thirds majority (84 votes) failed by a vote of 68 to 54.

The resolution proposed that Kansas Supreme Court justice selection would be changed from a merit-based system to a federal system model.

Under the proposed system, a nine-person nominating commission would have been replaced by an appointment by the governor and Senate confirmation.

“This resolution unnecessarily politicizes the Kansas Supreme Court and the method by which the justices are selected,” stated House Minority Leader Tom Burroughs, D-33rd Dist. “This is a blatant power grab by Gov. Brownback and his allies. They’ve mismanaged the state’s schools, roads, budget, and economy and now they want control over the courts.”

Established in 1958, the current process ended political corruption and replaced the formerly secretive process with a more transparent and open selection process, according to the House Democratic leader. The merit based system used now selects judges based on qualifications not cronyism or for political agenda.

“We depend upon the courts to uphold the Constitution and for their rulings to be fair, impartial, and apolitical,” Rep. Burroughs stated. “Kansans can’t afford to turn the courts over to politicians, who think they should decide which cases the court should hear and how the court should rule.”

Voting against the resolution from Wyandotte County were Rep. Burroughs, Rep. Pam Curtis, Rep. Stan Frownfelter, Rep. Broderick Henderson, Rep. Louis Ruiz, Rep. Valdenia Winn and Rep. Kathy Wolfe Moore.

Five representatives were among several who submitted a statement on why they voted yes: “The judicial selection process in Kansas has been the subject of much controversy over the past several years. This vote is about nothing more than giving the people of Kansas a chance to vote on the way our state places Supreme Court Justices on the bench. A vote against this is a vote against giving our constituents a direct voice on this issue. For that reason, I vote yes on HCR 5005.” – Reps. John Whitmer, Willie Dove, Will Carpenter, John Bradford and Kevin Jones.

The resolution was HCR 5005.

Sheriff’s deputy involved in critical shooting of teen suspect

A Wyandotte County Sheriff’s Deputy today shot a suspect who was armed with a knife, according to a Kansas City, Kan., Police Department spokesman.

The deputy responded to a report about a robbery in progress at the Dollar Tree in the 500 block of County Line Road at 1:24 p.m. Feb. 4.

The suspect, a male teen, was armed with a knife, according to the report given by a dispatcher to the officer.

A Westwood, Kan., officer also responded to the scene, and they made contact with the suspect in the area of 6th and County Line Road, the police spokesman said. The suspect had a knife, the spokesman said.

The Westwood officer deployed a Taser, but it was ineffective, according to the police spokesman. At that time the sheriff’s deputy fired at the suspect, striking him, the spokesman said.

The suspect was critically injured and was taken to a hospital, according to the spokesman.

The incident continues to be investigated by the Kansas City, Kan., Police Department’s Criminal Investigations Unit, which is encouraging anyone with information to call the TIPS hotline at 816-474-TIPS.

Study recommends separating juveniles from adults at county jail

A study of the Wyandotte County Jail released Jan. 28 at a Unified Government Commission meeting recommended separating juveniles from adults, into separate buildings.

The study by Treanor Architects, HOK Architects and CGL Companies produced a report, the Jail Needs Assessment and Feasibility Study.

The study predicted an adult jail population of 847 adults by 2045, and a decreased juvenile jail population of 33. Currently the jail has a capacity of 489 adult beds and 48 juvenile beds, according to the report. The jail, which opened in 1989, has been overcrowded for quite some time, and has farmed out about 150 inmates to nearby jails, according to the study.

If a new juvenile jail facility was built, it would make room for more adults to be housed at the county jail, instead of farmed out to neighboring counties, the study reported. According to the study, more than $1.97 million was spent on farming out inmates to other counties in 2014. According to the study, it could be less expensive to build a new facility than to continue farming out inmates.

The jail study included different options, with different phases.

The options on construction of a new juvenile jail were $18 million up to $27.8 million, according to the study. There were other costs attached to other phases.

One option called for a new juvenile facility near the family court and across the street from the existing jail. Another option called for a new juvenile facility at a site to be determined, ideally in a place away from traffic and with green space for a playground area.

In one of the plans, the district attorney’s office would be moved to the fifth floor of the courthouse and offices renovated there, into an area that was formerly a jail. The area currently serving as offices for the district attorney would be turned into a space for more jail beds.

Other alternative ideas for increasing jail space also were discussed in the report.

One of the UG commissioners was hesitant about the cost of the proposed facility.

“I have accepted a long time we need a separate juvenile facility,” Commissioner Hal Walker said. “My idea of what a juvenile facility should be is more spartan than what you are proposing.” He suggested a portion of the existing old federal courthouse could be used.

He said if there are 35 to 40 juveniles in the jail, it’s because they’re pretty bad actors. The county is not keeping people in there because they broke a mailbox or a window, it’s because they need to be in a secure facility, he said. “Everybody else has been let go,” he said.

He thought the citizens would find it hard to accept spending $30 million on a facility that had a lot of amenities. Just a residential building with 35 to 40 rooms with appropriate bars and locks would be enough, he felt.

“I frankly don’t think the people of Wyandotte County have the stomach to swallow $30 million to build some of the things you have suggested,” he said.

While he said the consultants did a good job on the study, he said he didn’t think there would be any willingness to spend the money at this time.

The consultants said that while a simple juvenile jail could be built, they are finding that in order to stop future behavior and recidivism that they need to find out why the child came to the facility in the first place and remedy that. If they go the same route as the current facility, investing as little as possible into solving problems, then the juvenile numbers would grow, they believe.

Another UG official pointed out that the county would be paying for the new facility out of money it is already paying to farm out inmates, so that it would not be an added expense.

Mayor Mark Holland said the jail study would be evaluated by the jail population study group that would come back with a plan in about 60 days on how to move forward.

The jail study, a lengthy document, is online at http://wycokck.boardsync.com/Web/UserControls/DocPreview.aspx?p=1&aoid=158.