Post on 05-Apr-2018
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Conservative Ideas
Building A Solid Foundation
August 23, 2012
The Governor released a statement about the August 7th primary, thanking
Kansans who voted. The people of Kansas have a clear choice: Do we want to grow
the government or grow the economy? Brownback said. Most Kansans want to grow
the economy and increase the number of private sector jobs in our state. We will
continue working every day to help Kansans fulfill their aspirations.
This is where the Conservatives have to seize the moment and change this state
productively so that every Kansan can be satisfied and safe within our state borders.
Going forward in the 2013 Legislative session we MUST rein in spending (Cut thebudgets and the deficits) actually bring down the budget.
So we are providing multiple items to review, with a short overview of our goals
or reasons for the changes.
If we make the mistakes of making this a social issue congress this congress
will not last. We need to stand on conservative principles and push an agenda that
benefits the state not the social or special interest groups. We dont need a Liberal wing
of our party, nor do we need to lose our way.
As we move forward it is imperative that we understand our constitution and what
our founders seen in our model of government. I hope you support most if not all of our
legislation as a "Conservative" and most of all our beliefs that we keep all three
branches of government in its appropriate role and keep them separate from each
other? Here is a great start for our platform of ideas to lead us into the New Year.
The executive and legislative branches can explicitly and emphatically reject the
theory of judicial supremacy and undertake anew their obligation to assure themselves,
separately and independently, of the constitutionality of all laws and judicial decisions.
When appropriate, the executive and legislative branches can use their constitutional
powers to take meaningful actions to check and balance any judgments rendered by the
judicial branch that they believe to be unconstitutional.
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The executive and legislative branches should employ an interpretive approach of
originalism in their assessment of the constitutionality of state and federal laws and
judicial decisions. Just look at how vague the laws are. There is a reason for this.
Judicial Branch
This single Branch of government is maligning everything we stand for as
citizens and our fundamental rights as citizens. This branch has no accountability, no
independent oversight and continues to over reach at every turn. We have the most
LIBERAL judicial system in the country, and Kansas is the only state to elect its S tate
Court Judges the way we do here.
With the broadening latitude of the Courts, their injection into our daily lives andthe real over reach by the courts, it is important to the citizens of Kansas that this
branch be taken back to a time when it's only primary job was that of "interpreting laws"
and no more.
Be mindful of the fact that we cannot change laws with lawyers and attorneys
Chairing the Judiciarys in both houses. John Vratil and Tim Owens have single
handedly prevented or stopped ANY changes to the judiciary for more than 10 years in
the Senate alone, while continuing to expand the courts authority. In order to move
forward we must make better decisions in appointing these Chairs and Vice Chairs. We
now have 3 Republican attorneys in the Senate, Im sure that Jay Emler will seek tocontinue this run for this position but we cannot allow this to happen. Lawyers can serve
on this committee but in a legal advisory role only.
Voters need to have a say in the Judicial selections and the process needs to be
vetted to keep this branch minimized in its political views. Here are several things to
consider, many of these bills or drafts are already in existence to start making the
necessary changes. One thing to consider may be districts for these state Judges to be
selected from to keep a balance state wide based on the numbers of Judges for the
Supreme and Appellate Courts.
Suggestions:
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1) State ballots in 2014? Let the citizens of Kansas either allow for the election of
our District court Judges for the state process. This is currently split about 50/50
(vote/appointment) throughout Kansas. Elections would make more sense for the
citizens and place the District Courts completely under the election process.
2) State ballots in 2014? Change the Constitution for the selection of the Supreme
Court Justices. A Governor selection with a Senate majority approval. This allows
for the citizens to communicate with their legislator and gives the public a voice in
these selections. The Judicial branch is choosing its existence and with whom "it"
wants to use without any input from the public. Make Judicial Districts within the
State to allow representation of all areas for the Supreme Court.
3) Change the Statutory law for the selection of the Appellate Court Justices. A
Governor selection with a Senate majority approval. This allows for the citizens tocommunicate with their legislator and gives the public a voice in these selections.
The Judicial branch is choosing its existence and with whom "it" wants to use
without any input from the public. Make Judicial Districts within the State to allow
representation of all areas for the State and Appellate Courts.
4) Make sure the Statutory laws for the selection of the Magistrate judges stays
(non-attorneys) and allow them to serve by the age of 18, as Texas has done for
decades.
5) As it pertains to the courts, we need a more responsive court and we need to do
it for less money. Lets reduce the Supreme Court Judges from 7 to 5. Lets
reduce the Appellate Judges from 13 to 10. Look at making the retention votes
to 70% to retain them. New Mexico has a higher retention rate than this.
6) Abolish Judgeships and Lower Courts - The Constitution vests Congress with the
power to create and abolish all courts, with the sole exception of the Supreme
Court. Congress even has the power, as Congressman Steve King of Iowa
frequently notes, to reduce the Supreme Court to nothing more than Chief
Justice Roberts sitting at a card table with a candle." While abolishing judgeships
and lower courts is a blunt tool and one whose use is warranted only in the most
extreme circumstances, those who care about the rule of law can be relied upon
to consider whatever constitutionally permissible tools they can find to fight
judges and courts that exceed their powers. This is one of many possibilities to
institute checks and balances on the judiciary.
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7) Cutting court staff - It would be more cost effective to have video recorded court
hearings, eliminating the need to pay a transcriptionist to transcribe the record of
every hearing. You would only need to cite the record and the time, which would
be recorded on the video. Sometimes the transcriptionist cant pick up or record
everything that is taking place, but a video records the actual live events, the
body language or even the voice inflection of the individuals in the courtrooms
including the Judges and attorneys, this would take our courts into the 21 st
Century quickly. Making sure that ALL attorneys, lawyers and Judges are doing
their jobs correctly and are not allowing in any misconduct to be tolerated in the
courts. This clearly would eliminate the need for as many professionals, less
paper trail, and allows for easier and less storage of documents. A $10 copy of a
video versus hundreds for a transcript to the parties, let alone the time to produce
it.
8) Spending Power - Congress has the power of the purse. It can reduce or
eliminate funding of Courts to carry out specific decisions or a class of decisions.
9) Special Grand Juries - Complaints will come before them only after other legal
remedies have been exhausted. The Juries should have the power to strip those
judges of their protection of judicial immunity who are the subject of complaints
for criminal acts and be able to investigate, indict, and initiate criminal
prosecution of wayward judges. This type of system would be an irrevocablereturn to an era before 1960 when Grand Juries did have this kind of authority.
10) The Kansas Legislature can pass a law insisting on the centrality of our Creator
in defining Kansas rights, the legitimacy of appeals to God in public places, and
the absolute rejection of judicial supremacy as a violation of the Constitutions
balance of powers. If the Supreme Court ruled that such a law was
unconstitutional, the legislative and executive branches could take corrective
action. Congress and the Governor could pass the law a second time but include
a provision that affirms the legislative and executive branches constitutional role
to define the Courts jurisdiction.
11) Executive and Legislative Branch Adoption of Originalism - Both the executive
and legislative branches should be encouraged to adopt originalism as a mode of
constitutional analysis when deciding on the constitutionality of executive and
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legislative branch actions and the constitutionality of legislation. Originalism
posits that the interpretation of the Constitution should adhere to the meaning of
the text, as those who enacted it understood it. Originalism rejects the idea of
substituting ones own view about the meaning of the Constitution.
12) Limiting the General Application of a Judicial Decision - As the head of the
executive branch, a Governor can command all executive branch agencies or its
sub contracted agencies in certain circumstances to limit the application of a
Supreme Court decision to only the litigants involved and otherwise ignore it as a
rule of general application.
13) Impeachment Power - Judges who issue unconstitutional decisions or who
otherwise ignore the Constitution and the legitimate powers of the two other co-
equal branches of the government can be subjected to impeachment, GrandJuries, investigations or criminal referrals. Senate majority vote requirement.
14) Judicial Accountability Hearings - Congress can establish procedural rules for
relevant Congressional committees to express their displeasure with certain
judicial decisions by holding hearings and requiring judges to come before them
and explain their constitutional reasoning in a certain decision and to hear a
proper Congressional Constitutional interpretation with powers to reverse or
remand those decisions.
15) The Executive Branch and Legislative branches should routinely make clear to
the Judicial Branch by statements of policy and/or by legislation their beliefs
about the constitutional limits of judicial power in certain cases or certain class of
cases. This about applying the law not ideology. When the 9th Circuit ruled in
2002 that the words under God in the Pledge was unconstitutional, Congress
made its views very clear about the decision. By a 99-0 Senate vote and 401-5 in
the House, Congress specifically reaffirmed the language of the 1954 Pledge
Law. The President then signed this legislation. The Supreme Court apparently
got the message. Two years later it struck down the Ninth Circuit case on
procedural grounds.
16) The court lacks jurisdiction anytime it denies you the Bill of Rights or
Amendments, especially Due Process. Any judges orders issued under these
conditions are to be void immediately when found. Whenever they refuse to hear
witnesses, evidence, or testimony and do not abide by proper notice and
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procedures or other Due Process requirements, their orders are void
automatically on Appeal.
17) SCR 5.5 Law Firms and Associations: Unauthorized Practice of Law A lawyer
shall not: (a) practice law in a jurisdiction where doing so violates the regulation
of the legal profession in that jurisdiction; or (b) assist a person who is not a
member of the bar in the performance of activity that constitutes the unauthorized
practice of law. This legislation does not, in any way shape manner or form,
define a non-lawyer assisting others, whereby it was legal to assist others in the
State of Kansas. These rules were put in place originally for only disbarred
attorneys. The practice of common law is a public arena, in which all those who
are caught up in it are always advised that there is no excuse for ignorance of the
law. Multiple areas of the law that are presented by non-attorneys every day are
(police, real estate agents, law clerks, lobbyist, etc. the courts cannot be allowedto regulate non-attorneys.
18) Recall Statutes - Every elected official in the State can be recalled except for
judges. This practice must stop. Judges are no more important than any other
public official in any other capacity, including the Governor, Secretary of State,
Attorney General, etc. Places equality back into our judicial system while
eliminating IMMUNITY!
19) A Public Integrity Act - This bill would allow or give the Attorney General thepower to investigate Color of law violations and other criminal violations ofANY
public employees in their capacity to do their jobs. This law would allow the
Attorney General to go into any county without invitation to investigate these
types of problems to prevent local corruption as well as suspend or place on
administrative leave any public employee, or recommend a Grand jury
investigation of the allegations.
20) Take the courts out of family business - Domestic Courts were never designed or
intend to be punitive. These courts were set up after the Constitution was written
and to use the same adversarial settings as criminal courts is an absolute
abomination to our society. Divorced families are not criminals, but broken, and
hurt and they need a completely different approach to be successful. We need to
adopt Shared Custody plans when available. Parents need to get along for their
children, not for the courts or a judge demanding it. This should be a model and
an emphasis on civility and family units being left intact as much as possible. If
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for some reason a party is able to prove "with evidence" that this in fact is not in
the best interest of the child the other residency options will be available for use.
Courts will no longer be able to hold or take children without documented proof.
21) Judges will no longer hide behind "Broad Discretion" terms in Domestic or
Juvenile Courts. The courts are using this term to expedite court settings without
vetting the cases properly. These are parents not criminals. We took away the
discretion from judges when it came to sentencing criminals or clearly limited
their ability or range to sentence criminals with the National guidelines. This was
due to their inability to do their jobs properly or consistently. When it comes to
families these judges are using the bench to intimidate and place fear in these
citizens and their families - this must stop.
22) Case Management will be voided in whole state statute 23-3507. Limited CaseManagement and Mediation will be available to the parties and the courts, but
actually having an individual trying to run families day to day affairs from afar and
through the courts is out. This social experiment of government/judicial branch
has gone awry and must end. There is simple no statistics showing or verifying
that this process benefits any families or children in this process or the courts
and the reason is because of the Supreme Court.
23) All children over the age of 10 will be allowed to testify. This legislation already
exists now in Chapter 38. Both Domestic and Juvenile Courts should be usingthis legislation. Statute 38-2262: Placement; testimony of certain children. At any
hearing under the code, the court, if requested by the child, shall hear the
testimony of the child as to the desires of the child concerning the child's
placement, if the child is 10 years of age and of sound intellect. We have to get
the courts and the State Judiciary away from this idea that they are in control of
our kids until 18 simply because someone filed for a divorce. Considering that
kids make many, many harder decisions daily and have greater responsibilities
before then i.e. (driving, working, school, extracurricular activities, peer pressure
(drinking, etc.).
24) All Juvenile and Domestic courts will offer to the parties juries of their peers.
Currently judges are singularly ruling and controlling the cases by acting as
Judge, jury and prosecutor. This is not working in favor of the public an or the
citizens or the laws of this state.
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25) Major changes have to be made in the "Child Support Guidelines". The Supreme
is drafting these without a single vote of our legislature being cast. Many states
use legislative committees without the Judiciary even being involved. This is a
public issue being railroaded through the Judiciary. The idea that we are using a
broken formula to penalize nonresidential parents, while asking them to pay child
support percentages that are ridiculously high and then compounding it with
having them pay shared expenses is barbaric. The state is intentionally trying to
hurt one parent in this setting. Even putting them in jail for nonpayment and it's
not even law or been approved by our congress.
26) Domestic and Juvenile motion doc's should cease on any issue as it pertains to a
change of custody, parenting time, removal of the child or abuse allegations. Full
and complete evidentiary hearings will need to be heard to vet the process
appropriately and any all evidence presented to the Judge to ensure DueProcess has occurred.
27) Adding voluntary "Citizen Review Boards/Panels". These can be selected by the
County Commissioners, or others that provide for NO Judicial tampering or
interference in this process.
28) An independent Judicial Review Board separate from the courts (again these
must be neutral). The appointments of these panels will be a sticking point but I
believe there is plenty of latitude here to make this work.
We have to have FULL accountability in the courts, and they are failing miserably
and costing the state and its citizens daily and costing us a toll too high to imagine.
This is just a review of the Supreme Court opinions which you can review on line. I
would note that these are cases that were ruled on in the District court (30-120 days),
then appealed and denied (365 days or longer), and then the Supreme Court process
for another year so you get your 15 minutes of time to speak only to wait HOW LONG.
This is where the tires hit the pavement; the courts have their hands in writing
guidelines (law), interviewing judges, disciplinary actions and many other things rather
than making their job the focus and in a timely manner. Some of these cases have been
in the Appellate and Supreme Courts hands for 3 years unacceptable!!
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You need to see how inconsistent the amount of time it is taking to hear the cases
and then the time it takes to deliver the findings. Some of these findings took over a
year. This is not Due Process; this is a system that once you are in right or wronged it
takes entirely too long get a judgment all the while paying enormous amounts of money
to attorneys and firms. We have public defenders sitting on these cases for years. There
is no consistant amount of judgements coming out of the Supreme Courts on Fridays let
alone that the dates are so spread out and vary so much that the entire system needs
overhauled for the state. This is only the last 7 weeks of rulings, if you find this as
alarming as most others caught in up in it, then it has to be addresses Not with more
Judges either. You can go any day you want to the court house and any judge up there
is putting no more than 3-4 hours a day in their courtrooms PERIOD!
Release dates:
August 17, 2012
Case# Date heard in Supreme Court Days it took to rule102100 Monday April 16, 2012 123
102140 Wednesday September 28, 2011 324
102688 Wednesday April 11, 2012 128
102877 Tuesday May 22, 2012 87
100362 Tuesday February 7, 2012 192
August 3, 2012
100464 Tuesday December 6, 2011 241
July 27, 2012100477 Monday October 24, 2011 277
101641 Tuesday May 22, 2012 66
102223 Thursday May 24, 2012 64
103093 Thursday October 27, 2011 427
103111 Thursday October 27, 2011 427
July 20, 2012
101092 Tuesday April 10, 2012 101
101905 Tuesday August 30, 2011 325
102129 Monday May 21, 2012 60
July 13, 2012
102122 Thursday May 24, 2012 50
105132 Wednesday April 11, 2012 93
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July 6, 2012
107312 Tuesday May 29, 2012 38
107751 Tuesday May 29, 2012 38
We have 16 of the 20 Judges in Topeka from Topeka or the Kansas City/Olathe
area. This not representation of the state but a notice to legislators that you must be
close to them to get their attention.
Many of these items will need more discussion and elaboration to fully understand
the intent but I believe as do many other Kansan's that the days of Judicial activism are
going to need to be behind us in order to fully appreciate the future without the courts
daily interference. No more Immunity!
Accountability has to be in place for the system to work so that the legislature
doesnt have to fund the Judiciary for new furniture if they rule that way i.e. (schoolfinancing). In order to have a civil society, we must have a civil judicial branch....
Schools
This single Branch of government is maligning everything we stand for as
citizens and our fundamental rights as citizens. This branch has no accountability,
no independent oversight and continues to ask for money and request more
expenditures with student graduation and testing scores continuing to drop. We have
a LIBERAL system that simply is not getting it done in Kansas. It is important to thecitizens of Kansas that this branch be taken back to a time when it's only primary job
was that of "teaching and educating students".
Here are the facts according to official government data for the period 2001 to 2011:
Inflation was 24.2% (Bureau of Labor Statistics, Midwest Urban Cities)
FTE enrollment increased 1.8% (KSDE)
Taxpayer support of public education increased 55.8%; state aid +37.6%,
federal +155.4% and local +67%. (KSDE)
2012 is expected to be a record-setting year for taxpayer support of public
education, at $5.672 billion (KSDE)
Here are a few more facts that, like those listed above, are not generally known to
the public and are routinely denied by education officials.
$402 million more in state and local aid was not spent between 2005 and 2011
but was used to increase operating cash reserves (KSDE)
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Instruction spending per-pupil increased 84% between 1999 and 2011 (KSDE)
while inflation was up only 32% (BLS)
Taxpayer support of public education in Kansas increased from $3.1 billion in
1998 to $5.6 billion in 2011 (KSDE) yet student proficiency levels is well below
50% (US Dept. of Ed.)
Telling parents the inconvenient truth is not attacking schools, teachers or anyone
else. It is giving them the facts they need to make fully informed decisions about
what needs to be done to improve public education.
Suggestions:
1) Move toward removing the State BOE. I realize this too is a constitutional matter
to change but this entity is simply inept. The school districts have the
representation of legislators the same as the public. The school districts have notbeen redrawn or moved in over 50 years, this single item has led to school
districts running into different city limits and making wasteful use of tax payer
dollars to bus student that would no longer even be bused to closer schools.
2) Hire an Independent company to evaluate each school district in the State and
review its efficiency and cost per student. By learning the true cost associated
with education and its expenditures we will never really know how to fix the
problem. Schools are administration heavy, with an emphasis on classroom size
rather than quality of education. These reports should be used by the legislature
and Governor to ascertain better solutions to a growing problem of out of controlspending and better review how certain school districts are not cost effective.
3) Serious consideration needs to be applied to a voucher system for the citizens
of this state. Kansans deserve more choices and their kids deserve an education
worthy of competition.
4) Any type of formula that allows other formulas to add to the states cost. School
Districts continue to have bonds and expect the state to cover the bonds without
a single legislator vote or the cost or impact to our budget. Lobbyist group
continually insists on tax increases and demands more funding without any
accountability for public education PERIOD!
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5) Focus needs to be on Special programs, Special schools, and the needs for
busing. Schools are not being responsible for this cost and providing them as a
want not a need. Any advanced courses or college classes in high school
should clearly have more students due to the very nature of the course in
preparing them accordingly.
6) School years can be shortened to eliminate enormous amounts of cost in August
and May due to the Heat.
7) Collective Bargaining for Public Employees needs to end.
8) Privatizing KPRS.
9) Bond and Interest formulas have to be reformed so that our legislators have to
review before acted on.
10) End the Kansas Board of Regents ability to continue to increase tuition rates
yearly and at ridiculous rates.
Overall State Expenditures
The state has many areas that can be improved or cleaned up to save tax payers
money and get the government out of our daily lives. This is but a short list.
Suggestions:
Tags staying on the vehicles. Texas assigns the tag to the vehicle so there is no
additional cost for tags every 2-4 years. Eliminates tag offices except for new
cars. The rest of the registration can be done on line. (21 st century?)
Toll fees still being incurred for 35 Turnpike. A 10 year toll that has lasted 50
years. Turn the road over to the counties and eliminate the tolls.
Tax reform, to stop increasing Property Taxes on retired seniors with fixed
incomes. This defies logic.
Focus on ending stupid State permits and licensing that are burdensome.
http://www.businesslicenses.com/licenses.php
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The Department of Health will create a process for anything, tanning, dairy, raffle,
tattoos, nails, Barbers and Cosmetologists would no longer need to be licensed. Its
these type regulations that are killing small business and if the daily individual cant
select their barber or the fact that people cut their own hair then we are in trouble. Let
alone the fact that not having these may lead to your imprisonment or the government
fining them. We have dog licenses, hunting licenses, park permits, boat permits, garage
sale permits, trash permit, just how much needs to be charged for?? Common Sense
must prevail.
Laws like this: Pedestrians crossing the highways at night must wear tail lights.
We have so many ridiculous laws on the books that a review of these types of laws to
be removed only makes since.
Kansas stupid laws on the books:
All businesses in Dodge City, Kansas are legally required to provide water
toughs for horses.
Should two trains meet on a track in Kansas, one is not legally entitled to
proceed until the other has passed. This law applies to both trains which begs
the question, how do they proceed?
If you say the name George Washington in Kansas City, Kansas, you are legally
required to also say blessed be his name or you may face a fine of up to $0.50.
It is against the law to throw knives at men wearing striped suites in Natoma,
Kansas. It is against the law to put ice cream on cherry pie in the state of Kansas.
All cars entering Lawrence, Kansas are legally required to blow the horn before
actually entering city limits to notify horses of their arrival.
It is against the law for persons to wear a bee in their hat in Lawrence, Kansas.
Not sure I see the logic here. While it is perfectly legal for a minor to purchase a
shotgun in Kansas City, they are not legally entitled to purchase cap guns.
Musical car horns are against the law in Russell, Kansas.
It is against the law to install bathtubs in Topeka, Kansas
ImmigrationIllegal means Illegal. We must stop the public funding of these
individuals. There is a system and laws in place to be here Legally. This goes for
schools, colleges, etc.
Major reform in not sending people to jail fornon-aggravated crimes i.e. (child support,
trespassing, and other misdemeanors) to reduce the housing cost.
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Make major cuts in the funding of SRS, Youthville and other services that interfere in
child development and family settings with a state first mentality.
Making sure Capital punishment is instituted and carried out. That murder, rape,
aggravated crimes are penalized accordingly for the crime.
Chris Brown (contact)
Accountability 101
mailto:browncontract@hotmail.commailto:browncontract@hotmail.commailto:browncontract@hotmail.commailto:browncontract@hotmail.com