Governor signs bill to strengthen Judicial Council
Bill that allows retire judges to serve one of three bills signed today

In 2006, the Legislature created the Kansas Commission on Judicial Performance as an independent committee of the Judicial Council as part of an effort to improve the administration of justice in Kansas.

The commission includes three full-time positions, one of which remains unfilled.  To make it easier to fill that position, Governor Kathleen Sebelius today signed a bill allowing retired justices or judges to serve on the commission. 

“The experience and insight of a retired judge or justice will aid the commission in courtroom observation, judicial performance evaluations, and working with judges on self-improvement plans,” Sebelius said. “Their perspective will further the commission’s efforts to ensure a fair and objective judiciary.”

SB 85 authorizes the Judicial Council to hire a retired justice of the Kansas Supreme Court, or a retired judge of the Kansas Court of Appeals or district courts, to serve on the Commission on Judicial Performance.

The bill limits the position to no more than 104 working days over a two-year period.  It also stipulates the justice or judge would receive a monthly stipend equal to 25 percent of their former monthly salary, and not count it towards their annual limitation on compensation.  The justice or judge will also receive service retirement benefits through the retirement system for judges.

Governor Sebelius signed two other bills today and vetoed HB 2293.  She has signed 24 bills during the 2007 Legislative Session and vetoed one. The three signed bills will take effect after their publication in the statute book.

Requiring fingerprinting, photographing of juvenile offenders

HB 2074 requires fingerprinting and allows photographing of juveniles when they are taken into custody.  Fingerprinting and photographing must be done before final sentencing for crimes that, if committed by an adult, would constitute a felony, a class A or B misdemeanor, or assault.  In addition, the bill requires the juvenile’s fingerprints and photographs be sent to the state and federal repositories if the juvenile is sent to a juvenile correctional facility or if the juvenile is taken into custody.  In addition, the bill allows, but does not require, photos to be taken at juvenile detention facilities, but restricts their distribution.

Changing rules regarding compensation of attorneys

SB 75 allows a chief judge of any judicial district to negotiate a rate of compensation less than the statutorily mandated $80 per hour for attorneys who voluntarily accept appointments to represent indigent criminal defendants. The bill explicitly provides that contract counsel would be compensated according to the terms agreed upon in the contract between the Board of Indigents’ Defense Services and the counsel.

Veto message for HB 2293, a bill regarding the licensing of accountants

“My office has determined that HB 2293 contains a significant drafting error which would inadvertently revoke the right of some accountants to practice in Kansas. Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto House Bill 2293.  I support the intent of the bill and encourage the Legislature to pass a corrected version this year so I can sign it into law.”

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