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THURSDAY • DECEMBER 24 • 2015
University stands behind hazing records handling
CONSTITUTIONAL SHOWDOWN
Supreme Court strikes judicial selection bill
Heavy redactions needed to protect students’ information, KU says
With funding in question, will lawmakers fix or retaliate?
By Sara Shepherd Twitter: @saramarieshep
By Peter Hancock Twitter:@LJWpqhancock
Topeka — In a case that threatens all funding for the entire state judicial branch, the Kansas Supreme Court on Wednesday struck down a new law that changes the way chief judges in the lower courts are selected. In a 43-page opinion in the case of Solomon v. Kansas written by Justice Eric Rosen, the court upheld a lower court decision that said the new law violates the separation of powers doctrine as well as Article 3 of the state constitution, which gives the Supreme Court “general administrative authority over all courts in this state.” That decision could put funding for the judicial branch in jeopardy because lawmakers passed a funding bill this year that includes what’s called a “nonseverability” clause that says if the judicial selection law is overturned, all funding for the courts for the next two years also becomes null and void. The Kansas Supreme Court’s ruling Wednesday did not address the funding issue, which is the subject of a separate constitutional lawsuit pending in Shawnee County District Court. In September, a judge in Neosho County put the nonseverability clause on hold until March 15, giving lawmakers time to address it when they return for the 2016 session.
No immediate crisis Kansas University law professor Rick Levy said that pause averts an immediate constitutional crisis in Kansas. “It will take another act, or inaction, by the Legislature to up the
Journal-World and AP File Photos
State Sen. Jeff King, an Independence Republican, said earlier this year that the push for the judicial selection bill came from Sedgwick County, one of several judicial districts where judges are elected in partisan races.
Please see HAZING, page 2A
Kansas Chief Justice Lawton Nuss recused himself from the case because of public statements he had made about the bill as it was being debated by lawmakers. ante, I think, before we’re really in a crisis situation,” Levy said. “At this point, since the budget can still be fixed before the loss of funds really kicks in, there’s no crisis yet. “On the other hand,” he said, “if the Legislature comes back and says we’re not going to fix it, or says we’re going to re-pass a budget but we’re going to take retaliatory budget action of some kind,
Kansas Justice Eric Rosen wrote the opinion in the case of Solomon v. Kansas, striking down King’s judicial selection bill. then that might make a difference.” Kansas Chief Justice Lawton Nuss recused himself from the case because of public statements he had made about the bills as they were being debated in the Legislature. Retired Senior Judge Michael Malone of Douglas County filled his place on the court for the purpose of hearing the case. Please see COURT, page 2A
Community Christmas Dinner ensures no one’s alone for the holiday
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olunteers are preparing to serve up about 1,200 plates of traditional Christmas fare Friday during Lawrence’s annual Community Christmas Dinner. The free dinner will take place from 11 a.m. to 2 p.m. at First United Methodist Church, 946 Vermont St. Diners are asked to use the church’s Vermont Street entrance. Kent Ely, who has been helping coordinate the dinner for the past 15 years, said most of the meals are delivered. Those seeking a meal
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rence,” Ely said. “We have folks from the shelter and the streets that are there, and they can be sitting at a table — I’ve seen it — with a family that lives in Alvamar,” — Kent Ely, Community Christmas Dinner coordinator for 15 years Ely said. “It’s a picture of Lawrence.” Regardless of need, delivery can call 841-1516 still trying to get more anyone is welcome to atafter 6 a.m. Friday to pies for the meal. Pie tend the dinner. place an order. donations can be dropped “Some people, while On the menu are all the off at the church any time they may not need the staples, Ely said, includafter 6 a.m. Friday. meal, they need or want ing smoked turkey, ham, The dinner is in its that companionship, and mashed potatoes, gravy, 22nd year. that’s just as important as sweet potatoes, dinner Those who usually atthe meal itself,” Ely said. rolls and pies. tend the meal represent — Nikki Wentling Ely said organizers are “a good mix of Law-
We have folks from the shelter and the streets that are there, and they can be sitting at a table — I’ve seen it — with a family that lives in Alvamar.”
INSIDE
Partly cloudy Business Classified Comics Deaths
High: 47
Low: 26
Today’s forecast, page 8A
Kansas University has offered additional explanation about its heavy redacting of fraternity hazing documents, specifically regarding the fraternities’ membership numbers. The Journal-World, which reported Sunday on KU’s disciplining of two fraternities, filed a Kansas Open Records Act request for documents from KU’s investigation into the fraternities, which are on KANSAS probation for hazing. The UNIVERSITY records KU provided the newspaper were heavily redacted to hide all information about the nature of the hazing — which, under KU code, can include anything from creating “mental discomfort” to “recklessly” endangering someone’s physical safety. Under the federal Family Educational Rights and Privacy Act (FERPA), KU is only allowed to release student information without the student’s consent after removing “all personally identifiable information,” university spokesman Joe Monaco said in an email early this week.
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$2.35M OK’d for fairgrounds improvements By Mackenzie Clark Twitter: @mclark_ljw
Douglas County commissioners approved $2.35 million in funds to move forward with Phase 1 of the fairgrounds project, as well as some adjustments to make facilities more accessible to the hearing-impaired. The first phase of the project includes demolishing Buildings 1 and 2, replacing them with a new Meeting Hall, and resurfacing and extending parking lots, among other improvements. COUNTY “This has been a process COMMISSION we’ve been working on for seven or eight years, and finally tonight, as (Commissioner Nancy Thellman) said, when you actually dedicate money to it, it’s real,” Commissioner Jim Flory said after the meeting. On Wednesday, commissioners also voted to approve about $22,000 for an audiovisual technology package that includes a looping system. The system, comprising wires that encircle the room, allows hearing aid users to pick up a direct signal from audio equipment so the sound is amplified. The system will be built into the new meeting hall, which is why Assistant County Administrator Sarah Plinsky said it was important that it be approved along with
New codes boss 1C-5C 8A, 2C 1B-8B
After a six-month search, Douglas County has hired a Johnson County building official to become its new director of zoning and codes. Page 3A
Please see FAIR, page 2A
Vol.157/No.358 26 pages