Supreme Court reaffirms order in State of Kansas v. Joseph M. Buser

TOPEKA—Today the Kansas Supreme Court reaffirmed its July 1, 2015, order in this appeal declaring K.S.A. 2014 Supp. 20-3301 unconstitutional. That statute imposes deadlines for all state court decisions. Regarding appeals to the Supreme Court, K.S.A. 2014 Supp. 20-3301(c) directs all counsel to submit a joint request to the Supreme Court once the deadline has run, asking that a decision be entered "without further delay."

On July 1, the court held the statute violates the separation of powers doctrine embedded in the Kansas Constitution and relieved attorneys of any purported duty to comply with its terms. The Attorney General filed a motion on behalf of the state asking the court to withdraw the order because the county attorney handling the case for the state had not filed a response to the motion that resulted in the court's decision. In an order signed by Chief Justice Lawton R. Nuss, the court held the attorney general's motion for the state was unable to show the July1 order should be withdrawn and, accordingly, denied the motion.