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Rules Open for Public Comment



Open for Comment

241 - Lawyers' Fund for Client Protection

The Kansas Supreme Court is accepting public comment on proposed Rule 241: Rule Relating to the Lawyers' Fund for Client Protection under attorney discipline.

This proposal moves current Rule 227 to Rule 241 and amends the rule.

Proposed changes fall into three categories:

  • amendments to transfer administrative duties from the Office of the Clerk of the Appellate Courts to the Office of the Disciplinary Administrator;

  • extensive renumbering, restyling, and retooling amendments to align this rule with other Supreme Court rules; and

  • minor amendments for clarity.

The proposed changes do not substantively affect the consideration of claims made to the Client Protection Fund.

Amendments in Rule 241 are shown using strikethrough for deletion and underlining for new language.

Comment may be made by email to SCRulespubliccomment@kscourts.org until noon Friday, October 9, 2020. The subject line must read "Rule 241."

200 through 240 - Rules Relating to Discipline of Attorneys

The Kansas Supreme Court is accepting public comment on proposed Rules 200 through 240:  Rules Relating to Discipline of Attorneys.

Proposed changes to Rules Relating to Discipline of Attorneys are extensive and amount to an overhaul of the existing rules, so the changes are not marked with underlining for new text or strikeout for deleted text.

Generally, the rules are restyled and retooled to align with other Supreme Court rules. Other changes increase efficiency, clarify the disciplinary process, and codify existing practices. Many provisions of existing rules relate to varied subjects, and this proposal creates separate rules for each subject. The rules also are reordered to better reflect how a complaint moves through the disciplinary process.

New provisions in the proposed rules include:

  • definitions for greater clarity;

  • new deadlines for the disciplinary administrator and the respondent to promote an efficient hearing process;

  • a clear process for respondents to get subpoenas to compel witnesses to testify at disciplinary hearings;

  • expanded use of depositions in attorney disciplinary cases;

  • a procedure for parties, by agreement, to submit a disciplinary case directly to the Supreme Court and forgo a hearing before the Kansas Board for Discipline of Attorneys; and

  • a provision that addresses using expert witnesses in disciplinary proceedings.

The proposed changes also move the Kansas Rules of Professional Conduct from Rule 226 to Rule 240. There are no changes to the Kansas Rules of Professional Conduct other than to move them to Rule 240, so the text is not included for public comment.

Comment may be made by email to SCRulespubliccomment@kscourts.org until noon Tuesday, November 10, 2020. The subject line must read "Rules Relating to Discipline of Attorneys." 

Comment Period Closed

Amended Supreme Court Rule 806

The Kansas Supreme Court accepted public comment on a proposed amendment to Rule 806: Rules Relating to Continuing Legal Education. Comment ended March 12, 2020.

301 367 - Rules relating to court reporters

The Kansas Supreme Court accepted public comment on proposed amendments to Supreme Court Rules between 301 and 367.

The amendments update rule language and transfer from the Clerk of the Appellate Courts Office to the Office of Judicial Administration:

• responsibility for administering the court reporter program; and
• duties related to the Board of Examiners of Court Reporters.

The proposed amendments are part of an administrative restructuring within the Kansas judicial branch to achieve operational and organizational efficiencies. The change will not affect the excellent level of service court reporters know to expect.

Comment closed June 2, 2020. 

110C - Recognition of tribal judgments

The Kansas Supreme Court accepted public comment on proposed Supreme Court Rule 110C, which establishes procedures governing a district court's duty to extend full faith and credit to the orders, judgments, and other judicial acts of a tribal court of any federally recognized Indian tribe. See K.S.A. 60-3020.

Comment closed June 5, 2020. 

804(b) - Individual Attorney Course Approval

The Kansas Supreme Court accepted public comment on a proposed amendment to paragraph (b) of Supreme Court Rule 804: Program Approval in Rules Relating to Continuing Legal Education.

Comment closed June 26, 2020.

1403 - Access to Justice Liaisons

The Kansas Supreme Court accepted public comment on proposed Rule 1403: Access to Justice Liaisons. 

The new rule would direct the chief judges of the Court of Appeals and each judicial district to designate two liaisons—one judge and one court employee—to work with the Supreme Court Access to Justice Committee to remove barriers and promote equal access to justice throughout the state.

Comment closed July 27, 2020.

712B - Pro Bono or Low-Cost Legal Services Provided by Retired, Inactive, or Single-Employer Attorneys

The Kansas Supreme Court accepted public comment on proposed amendments to Supreme Court Rule 712B. 

Comment closed August 9, 2020. 

188 - Post-Judgment Garnishment Orders Authorized Signatories

The Kansas Supreme Court accepted public comments on proposed Rule 188: Post-Judgment Garnishment Orders Authorized Signatories under posttrial matters in rules relating to district courts.

The new rule would require a garnishor to include a proposed post-judgment garnishment order and would authorize only a judge to be the signatory on the order.

Comments closed August 17, 2020. 

124 - Contact Information

The Kansas Supreme Court accepted public comment on proposed Supreme Court Rule 124, which establishes a procedure for courts to collect contact information from any party, witness, or potential juror to facilitate case processing, scheduling, or participation in a hearing or trial.

Comment closed August 21, 2020. 

106 - Court Records

The Kansas Supreme Court accepted public comment on a proposed amendment to Rule 106: Court Records. The amended rule would add subsection (e) regarding accessibility of child in need of care court records. The new subsection would make all records in a child in need of care case confidential and not publicly available, including the events index. This will allow the child’s complete name to be used throughout the court record without disclosing it to the public.

Comment closed September 17. 



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