Category: Opinions

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Opinion column
by Murrel Bland

Many things that the office of the Kansas attorney general does may not make headlines. That was the message of Derek Schmidt, the current Kansas attorney general, when he spoke Friday, May 20, at the monthly meeting of the Congressional Forum.

Schmidt said during his five years in office, he has been able to recover about $600 million for Kansans who have been the victims of scams. His office also regulates metal dealers and licenses private investigators. He also regulates bounty hunters.

The attorney general provides legal counsel when someone sues the state of Kansas. One such case was the tobacco settlement. The tobacco companies alleged that the state of Kansas was not using the money in the way it was intended. He was successful in resolving that issue.

The attorney general enforces the open records and open meetings laws. Recently his office conducted a training session on these laws at Kansas City, Kansas, Community College for local officials.

Schmidt said he is proud that his office has been successful in strengthening the laws against human trafficking and to extend the “do-not-call” law to cell phones. He said he was able to prosecute a Florida company that was operating a telephone scam promoting a phony cruise offer; he recovered about $130,000.

The attorney general’s office helps law enforcement officers in small cities and counties in major criminal cases.

Schmidt said he has been able to provide all these functions of his office by keeping his budget fairly flat at about $22 million a year.

Schmidt was asked about his prediction on the school funding case before the Kansas Supreme Court. His office represented the state of Kansas, which is the defendant. He said he would not speculate. Schmidt said those who might offer views about how the case would be decided are simply guessing.

Schmidt has been mentioned as a possible candidate for Kansas governor. He was asked who the last attorney general was who was elected governor. He said it was John Anderson Jr.

Schmidt is serving his second term as attorney general. He previously was a state senator from southeastern Kansas. He is a journalism graduate of the University of Kansas, Lawrence. He also received law degrees from KU and Georgetown Law Center, Washington, D.C. He also served on the staffs of Gov. Bill Graves and U.S. Sen. Nancy Landon Kassebaum.

Murrel Bland is the former editor of The Wyandotte West and The Piper Press. He is the executive director of Business West.

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Opinion column
by Murrel Bland

The big question looming in Topeka these days is “How will the Kansas Supreme Court rule on the equity issue of the public school funding case?”

That was a topic of discussion Friday, May 13, at a meeting of the Legislative Committee at the offices of the Kansas City, Kan., Area Chamber of Commerce.

The Supreme Court heard oral arguments Tuesday, May 10. A lawyer for the state, Stephen McAllister, said the Legislature has made a good faith effort to make school funding more equitable. However, Alan Rupe, a lawyer for the plaintiffs suing the state, urged the court to repeal the new law and revert back to a previous formula. That would cost the state an additional $30 million. The Kansas City, Kan., School District is one of the plaintiffs in the suit.

The Supreme Court has ruled that if the Legislature doesn’t come up with an equitable formula, schools will close June 30.

State Sen. Steve Fitzgerald, R-5th Dist., who was at the chamber committee meeting, speculated about how the court might rule. He said he expected the court to accept the legislature’s remedy because it is an election year. The Legislature’s plan did not call for any additional spending, but rather shifted money around. The Legislature left much of the specific cuts to Gov. Sam Brownback, who is term limited. All Kansas House and Senate seats will be up for re-election this year.

Sen. Fitzgerald said that the court doesn’t want to be one responsible for closing schools.

Five of the eight judges are up for retention this year. In Kansas, justices run against their records. There has been considerable speculation that ultra-conservative groups will urge voters not to retain four of these justices—Marla Luckert, Carol Beier, Dan Biles and Chief Justice Lawton Nuss. These conservatives have alleged that the court has activist judges who “overstep their authority in making legislation.“ Those with more moderate views allege that the court has stepped in because the Legislature has failed to act.

Sen. Fitzgerald said that the latest appointment to the court, Caleb Stegall, a conservative appointed by Republican Gov. Sam Brownback, should be safe. Former Gov. Kathleen Sebelius, a Democrat, appointed Beier and Biles. Gov. Bill Graves, a moderate Republican, appointed Luckert and Nuss.

The court is expected to rule soon. Traditionally, the court’s rulings are issued on a Friday morning.

Murrel Bland is the former editor of The Wyandotte West and The Piper Press. He is executive director of Business West.