OSAGE COUNTY – Authorities in Osage County are investigating the death of an infant.
Just after 11:30 a.m. on Sunday, first responders were dispatched to a home in the 1100 Block of Laing Street in Osage City after report of a 2-month-old infant girl who was not breathing, according to a social media report.
Efforts to revive the child were unsuccessful.
The infant was transported to Frontier Forensics in Kansas City to determine cause of death.
KANSAS CITY, Mo. – Fort Hays State quarterback Jacob Mezera and kicker Brandon Brown earned two of the three weekly MIAA Football Athlete of the Week honors on Monday (Oct. 10). Mezera was named the Offensive Athlete of the Week, while Brown was named Special Teams Player of the Week, following an impressive 54-41 win at Pittsburg State.
Mezera set a new Fort Hays State record for total offense in a game with 508 yards (446 passing and a team-high 62 rushing yards) in the 54-41 win at Pittsburg State. The performance ranks fourth all-time in the MIAA as he became just the fifth player ever in MIAA history to produce at least 500 yards of total offense in a game. He also tied the FHSU record for most touchdown passes in a game with five and had a hand in six touchdowns total, adding one rushing score for the day. His 446 passing yards were third most in a single game at FHSU, only behind Robert Long who had performances of 467 and 465 yards in 1985. However, with Long playing in the NAIA era, Mezera’s passing total was a new school record for the NCAA Division II era, going past Mike Garrison’s 435 at Missouri Western in 2010. He distributed the ball to nine different receivers with Charles Tigner as his top target (8 catches for 160 yards). The win marked the first time FHSU defeated PSU in consecutive games in Pittsburg for the first time since 1970 and 1972.
Brown was a perfect 4-of-4 on field goal attempts and 6-of-6 on extra point attempts in the 54-41 win over Pittsburg State. Brown converted field goals from 19, 38, 37, and 49 yards. The 49-yard field goal was a season long for Brown and tied the seventh longest field goal in FHSU history. He averaged 60.5 yards per kickoff, producing four touchbacks. Brown is now 13-of-14 on field goal attempts this year, with his only miss from over 50 yards.
By BRYAN THOMPSON
A working group charged with finding “Kansas solutions” to the problems surrounding health care delivery in rural Kansas still hasn’t settled on a direction.
Near the end of Rural Health Working Group’s meeting Thursday in Salina, Rep. Jim Kelly of Independence asked the other members to at least consider what he called “the 800-pound gorilla” in the room: Medicaid expansion. Kelly thinks expanding eligibility for Medicaid might help other communities avoid the hospital closure that occurred in Independence.
“I don’t want another community to be in that position, and I don’t want rural communities all over Kansas — some frontier — to have difficulty accessing health care,” said Kelly, a Republican who is one of nine members appointed by Gov. Sam Brownback to the group. “What the final product looks like, I don’t know. Because I know that, to be acceptable, it’s probably going to have to have certain components to it. It’s going to have to be a Kansas-type plan.”
But Lt. Gov. Jeff Colyer, who leads the group, said Brownback wants its members to find solutions that don’t involve expanding eligibility for Medicaid, the federal-state health insurance program people with low incomes or disabilities.
“The charge of this commission was to discuss issues regardless of whether or not you have Medicaid expansion,” Colyer said. “Whether you have Medicaid expansion or not, we’re still going to have shortages of doctors. We’re still going to have hospitals that close. We’re still going to have shortages of nurses, and we’re going to have a number of issues as our population ages.”
Colyer said he wanted the group to look for other ways to address those issues and leave the Medicaid expansion discussion to the Legislature.
‘They want to talk about it’
That discussion is likely to be more robust in the 2017 legislative session. In previous years, Brownback allies in legislative leadership managed to block debate on the issue.
But Rep. Dan Hawkins, a Wichita Republican who is a member of the working group and chairs the House Health and Human Services Committee, said the political environment has shifted.
“The Legislature fundamentally changed during the primary,” Hawkins said. “The electorate spoke, and we need to be listening, and anybody that isn’t listening is tone deaf. I’m certainly not tone deaf. That was certainly a message that Medicaid expansion is something that people want to discuss. They want to talk about it. We’re going to do that.”
Hawkins still doesn’t favor expanding Medicaid, which in Kansas is a $3 billion privatized program known as KanCare, because of concerns that it will cost the state more than estimated. Even so, the Wichita Republican expects the House health committee to consider at least two Medicaid expansion proposals in the next session.
“We will have a discussion. We will have a committee vote, and we’ll see where it goes from there,” Hawkins said. “We’ll see what the Legislature thinks, and of course if the governor will sign whatever we were to come up with.”
Hawkins favors spending more money to shore up the network of safety net clinics across the state over expanding Medicaid.
“They are probably the most crucial thing we have for our uninsured and for our Medicaid patients,” he said.
Missed opportunity?
As executive director of the Kansas Association for the Medically Underserved, Denise Cyzman is all for giving a shot in the arm to safety net clinics. But she said Medicaid expansion has a role in that.
“If you want to invest in your safety net system, invest by allowing KanCare to expand,” Cyzman said. “It impacts all parts of the health system, but most importantly it impacts the health of Kansans, and I think that should always be first and foremost in our mind.”
Her organization estimates that Medicaid expansion would provide its 43 member clinics with a total of $8.6 million to $14.6 million in additional revenue that would cover care for at least 43,000 safety net clinic patients.
However, Cyzman holds out little hope that the working group will recommend expanding Medicaid. She sees that as a missed opportunity, especially for the thousands of Kansans who are too poor to qualify for subsidized coverage through the Affordable Care Act but not poor enough to get coverage through Medicaid.
“Many of those are folks that we serve at the safety net clinic system,” she said. “There are many more that are not accessing health care at all, because they’re not sure how they can pay for it, they’re afraid of what they might find. So ultimately when they do seek health care, they’re going to be sicker, they’re going to require more care, and it’s going to be more costly. And all of us as taxpayers end up with that burden.”
Members of the working group did show signs of agreement during Thursday’s meeting on expanding the use of telemedicine and better incorporating behavioral health care into primary care.
Colyer anticipates two more meetings for the group, in November and December, before it makes recommendations to Brownback and the Legislature at the start of the 2017 session.
Bryan Thompson is a reporter for KHI News Service in Topeka, a partner in the Heartland Health Monitor team.
FHSU University Relations and Marketing
The Institute for New Media Studies at Fort Hays State University worked with St. Cloud, Minn., Technical Community College recently to create an interactive, virtual, reality-based navigation system for college campuses. The project — a customized information and visualization system — was created by Dr. Gordon Carlson, director of the institute, and two Fort Hays State students.
Waypoint software performs kiosk and informational functions for new students and guests without the need for proprietary hardware or licensing. Real-time walking directions can be visualized from any vantage point and sent to the user’s mobile devices without the need for dedicated servers.
Navigation and orientation systems like this are typically expensive and require long-term commitments to a particular vendor.
The institute won the contract through a competitive bid and was able to deliver the project on time, under budget, and for a fraction of the cost of the next lowest bidder, said Carlson.
“This research collaboration shows the institute is developing products comparable to private industries and shows that we can perform the same services on campus with our faculty and students,” he said.
“In a time when universities are competing for limited funding, it is good to know the institute can win resources that support student learning and research while making substantial contributions to the community.”
Brittney Funk, Hays, a graduate student in communication studies, and Caleb Scholz, Crete, Neb., an undergraduate student in applied technology, assisted Carlson in developing the system. From drafting 3D models of buildings, traveling to St. Cloud to meet with stakeholders and designing images and graphics, the process took seven months to complete.
The project was submitted to and accepted by the League for Innovation in Community Colleges’ STEMtech Conference, where academic institutions and industry partners gather each year to develop and showcase projects and future opportunities. Carlson will present the work to a national audience, alongside Joyce Helens, SCTCC president, and Vi Bergquist, CIO.
“The virtual campus project has so many potential uses, from wayfinding, to security training, to making prospective students familiar and comfortable with the layout of the campus,” said Bergquist.
“It is very exciting for us to have this technology available for our faculty, staff and students,” said Carlson.
Revenue generated from the contract also supports a project called Tiger Range, which seeks to build an immersive virtual reality model of FHSU.
The project was created through an intensive communication studies and issues course, along with an applications in communication course that saw FHSU juniors and seniors recreate campus buildings in industry-standard 3D software, work with the campus architect and develop communication strategies for implementing the software on a broader basis.
Tiger Range will provide the basis for a number of simulation, training and educational applications, such as safety instruction, new faculty orientation, and institutional marketing and advancement. The second phase of the project is aimed at serving college student retention programs and fundraising through partnerships with college foundations.
For more information, contact Carlson at ( 785) 628-5876 or [email protected]. The website is www.fhsu.edu/newmedia.
WACO, Texas – Fort Hays State moved closer to the Top 25 in the latest AFCA Division II Poll, released on Monday. The Tigers are now the second-highest team among the receiving votes list after their 54-41 win at Pittsburg State. The result knocked Pittsburg State out of the list of receiving votes teams.
With the win in Pittsburg, the Tigers gained much more traction in the poll, going from eight votes last week to 48 this week. Only Ferris State (Mich.) has more votes in the receiving votes section with 76. Wayne State (Mich.), currently ranked No. 25, received 85 votes this week. The Tigers are still seeking to crack the top 25 for the first time in program history.
Northwest Missouri State and Emporia State continue to represent the MIAA in the top 25. Defending national champion Northwest Missouri State continues to hold the nation’s top ranking, now with 21 consecutive victories going back to the start of the 2015 season. Emporia State moved up six more spots this week to No. 12. Fort Hays State (48 votes) and Central Missouri (1 vote) are the only two MIAA teams among the receiving votes list.
If the Tigers want to continue their charge towards the top 25, they will have to end a streak of eight consecutive losses in Topeka this week. The Tigers have defeated Washburn six times since 1988, but all six wins have been in Hays. The last time FHSU claimed a victory over Washburn in Topeka was 1987.
Below is the AFCA Division II Top 25 Poll for October 10, 2016.
| Rank | School (1st votes) | Record | Pts. | Prev. |
| 1. | Northwest Missouri St. (30) | 6-0 | 750 | 1 |
| 2. | Grand Valley St. (Mich.) | 6-0 | 717 | 2 |
| 3. | Shepherd (W.Va.) | 5-0 | 686 | 3 |
| 4. | Midwestern St. (Texas) | 5-0 | 665 | 7 |
| 5. | Tuskegee (Ala.) | 6-0 | 613 | 8 |
| 6. | Sioux Falls (S.D.) | 6-0 | 588 | 9 |
| 7. | California (Pa.) | 5-0 | 542 | 15 |
| 8. | Harding (Ark.) | 6-0 | 514 | 16 |
| 9. | Texas A&M-Commerce | 4-1 | 485 | 4 |
| 10. | North Alabama | 3-1 | 459 | 11 |
| 11. | Ashland (Ohio) | 5-1 | 428 | 17 |
| 12. | Emporia St. (Kan.) | 5-1 | 364 | 18 |
| 13. | Indiana (Pa.) | 4-1 | 358 | 6 |
| 14. | LIU-Post (N.Y.) | 6-0 | 339 | 21 |
| 15. | Henderson St. (Ark.) | 5-1 | 319 | 5 |
| 16. | Slippery Rock (Pa.) | 5-1 | 304 | 19 |
| 17. | Valdosta St. (Ga.) | 4-1 | 253 | 25t |
| 18. | Assumption (Mass.) | 5-1 | 200 | 22 |
| 19. | Azusa Pacific (Calif.) | 5-1 | 179 | 10 |
| 20. | Florida Tech | 4-1 | 149 | 23 |
| 21. | North Carolina-Pembroke | 5-1 | 148 | 24 |
| 22. | Bemidji St. (Minn.) | 5-1 | 132 | 25t |
| 23. | Colorado Mesa | 5-1 | 118 | 13 |
| 24. | West Georgia | 4-2 | 90 | 12 |
| 25. | Wayne St. (Mich.) | 5-1 | 85 | NR |
Others Receiving Votes: Ferris St. (Mich.), 76; Fort Hays St. (Kan.), 48; Minnesota-Duluth, 46; Fairmont St. (W.Va.), 24; Newberry (S.C.), 23; Southwest Baptist (Mo.), 14; Black Hills St. (S.D.), 9; Colorado School of Mines, 9; Truman St. (Mo.), 9; Southern Arkansas, 4; Notre Dame (Ohio), 2; Central Missouri, 1.
WICHITA, Kan. (AP) — Authorities say a man suspected in the deadly shooting of a Wichita woman broke into her apartment.
The Wichita Eagle reports that a police report released Monday says the man fled on foot from the Water’s Edge Apartments and wasn’t found. The woman, identified as 55-year-old Donna Oneal died Saturday night at a Wichita hospital.
The police report says the person who reported the shooting and two witnesses were taken to police offices for interviews.
By GARRETT SAGER
Hays Post
Alzheimer’s is a disease that affects millions worldwide — many right here in our own community. Over the weekend, the Hays Walk to End Alzheimer’s took place at Big Creek Crossing, 2918 Vine.
“We were so excited with how it went. We had so much spirit here today,” said Jenny Leiker, co-chair of the Hays Walk to End Alzheimer’s.
More than 300 people showed up to help bring awareness and help raise money for Alzheimer’s.
The more than 300 is a new record of attendees, according to Leiker. Those in attendance were able to raise more than $21,000.
“When you have the whole community behind you, it’s just such an amazing support to stand on,” Leiker said. “We all have the same goal.”
The money raised comes up short of the target goal that was set by the Alzheimer’s Association, but donations are still being accepted.
“We still accept money through the end of November and the money from the crawl goes to our goal as well, so I am still hopeful that we will reach our goal,” Leiker said.
The Crawl to End Alz — a pub crawl — will be Oct. 29. All the proceeds from that event goes to the Alzheimer’s Association. The event is held in conjunction with the walk, and more information can be found here.
The walk event started with a touching introduction by co-chair Josh Clinkscales on why he walks.
Clinkscales works at Clinkscales Elder Law Practice in Hays. He mentioned they get many elderly clients who come in, but. of late. they are seeing more and more of those suffering from Alzheimer’s.
“We can write up a will, handle the estate, or help you protect your assets, but we can’t cure them — and that’s why I walk,” Clinkscales said.
The ceremonies began at 11:15 a.m. when Leiker led the group of walkers out of the open space in Big Creek Crossing toward Vine Street for the planting of the promise garden.
“That was really a special part of what we did today. It’s my favorite part that we do,” she said.
From there, walkers marched on their 2-mile journey as a part of the event.
The walk started along busy Vine Street. Leiker said last month she wanted the walk to take place along Vine so people could see what was taking place to help bring further awareness for the disease.
Many drivers drove by and waved at the walkers in purple in approval of what was taking place.
After the walk, all the walkers gathered inside Big Creek Crossing for bierocks and waited to see if their name would be called for one of the many prizes.
“We are so blessed to have the community of businesses behind us, as well,” Leiker said.
Many prizes were available for those participants.
“Everyone was excited about the Brown’s Shoe Fit, somebody can go in there and get any pair of athletic shoes they want,” Leiker said. “Crawford came through with a Traeger for us which was the first year for that.”
Walmart and Nex-Tech were some other businesses who helped contribute to the general prizes, but the list goes on, noted Leiker.
“We could not of done this event without these donations,” Leiker said.
To make a donation to the Alzheimer’s Association, click here.
By RANDY GONZALES
FHSU University Relations and Marketing
Johana de la Torre is not even enrolled yet at Fort Hays State University and she has already received not one, but two, hugs from President Mirta M. Martin. She was on the receiving end of an embrace again last Thursday at “Honors for a Day,” a Fort Hays State initiative to bring high school students on campus to learn about the university’s Honors College.
“I’m perfectly fine with it,” said de la Torre, a junior at Salina South High School who said FHSU is her first college choice. “I’m a hugger, too.”
Matt Means, director of the Honors College, embraced the challenge of starting the Honors College when Martin approached him with the idea in November 2014. Means had been an assistant professor of music and theatre and a nationally competitive scholarships advisor at FHSU before becoming director of the Honors College.
“This was a unique and rare opportunity,” Means said. “There are a tremendous number of bright students around, especially in our geographical service area. We really believe that this university should provide services for these kinds of bright students.
“These are students who deserve to be given every opportunity they can to impact this university, this community and the world,” he added. “That’s what this program is about.”
FHSU’s Honors College provides accepted students enhanced curriculum, priority enrollment and research opportunities, as well as special scholarships and honors housing. There are also leadership and travel opportunities and other benefits. Those benefits include a team of faculty and staff advisors, from an academic advisor to a nationally competitive scholarships advisor to a certified, nationally-recognized life/leadership coach.
“This is about bringing together some of the world’s best and brightest students in one location, and giving them an opportunity to maximize their undergraduate education,” Means said.
Given a late start for fall 2015 enrollment, FHSU’s goal for the first year of the Honors College was 10 new students. That goal was surpassed with 15 newcomers for a total of 27 students after the former Distinguished Scholars Program students were absorbed into the Honors College. This year, the Honors College added 22 students – 14 freshmen and eight current students. Current students can be admitted as long as they have at least two years left in their undergraduate degree program and receive approval from the admissions committee.
“We are now the third largest university in Kansas,” Martin said in her remarks to the high school students at FHSU’s Memorial Union Ballroom. “That doesn’t come by error. That comes with an awful lot of sacrifice from an awful lot of people.
“It takes a family,” she added. “That’s why we’re distinctive. That’s why you want to be distinctive. That’s why this should be your destination of choice.”
The high school students looked in on classes being taught and heard from current Honors College students during their visit on campus. There was a question-and-answer session, where there was a wide range of topics, on everything from roommates to study habits. It was a chance for de la Torre and others to quiz the Honors College students.
Thursday was de la Torre’s third trip to campus to check out FHSU. Interested in becoming a nurse, de la Torre visited twice over the summer. She was part of the inaugural class of the Hispanic College Institute in June. In July she was on campus for an overnight experience provided by the Department of Nursing to learn more about a career in nursing. She was back again Thursday.
“I really want to get the most information I can from all these visits,” said de la Torre, who remembered getting another hug from Martin during HCI week.
“If you’re not into hugs, don’t come, because you’re going to get an awful lot of hugs from the president,” Martin told the high school students.
Having a university president who hugs her students, who considers them family, who opens her door for them to stop by, made an impression on de la Torre.
“It makes me feel comfortable,” she said.
Megan Rust, a sophomore organizational leadership major from Leavenworth, knew she wanted to go to Fort Hays State, from where her father graduated. She was part of the first Honors College class last year.
“I heard all the things they wanted to do with Honors College, and I really wanted to be a part of that,” she said.
Her first visit to FHSU sealed the deal for Rust.
“I stepped on campus, and it was home,” she said. “I love everything about this university.”
WICHITA, Kan. (AP) — Authorities are investigating after a fire was set in a vehicle belonging to the Drug Enforcement Administration in Wichita.
KSNW-TV reports that the fire happened early Thursday in sport utility vehicle that was parked in a lot next to building that houses DEA offices in Wichita.
A DEA official says a surveillance video shows two people approaching the vehicle before it was set on fire. The agency is working to identify the people.
Besides the DEA, Wichita police and the Department of Alcohol, Tobacco, Firearms and Explosives are investigating.
Francis H “Shorty” Wierman, 93 years 11 months of McCracken, Kansas passed away October 8, 2016 at Rush County Memorial Hospital Long Term Care in Lacrosse KS. He was born Nov. 8, 1922 in Ness County, KS to William J. and Margaret McGaughey Wierman.
He was a contractor and farmer, World War II army veteran, serving May 4, 1944 to May 7, 1946.
He served in combat in the Rhineland of Germany, participating in several battles, including the Battle of the Bulge, before the war’s end.
After basic training he was sent to Fort George Meade, Maryland for overseas duty, and finally transferred to Myles Standish, Massachusetts to be shipped overseas to England. Once he arrived in England, he crossed the English Channel into France and joined the 121st Infantry Regiment, C Company, Eighth Division in Luxembourg. Francis served under General Dwight D. Eisenhower and General George Patton. After the war and returning to Fort Orde, California, Francis was part of the Army Day Parade up Market Street in San Francisco. Francis did receive the Bronze Star thirty-nine years after the war was over.
Francis was a local and county 4-H leader.He was a life member of the American Legion Post 59 for 38 years.
Francis married Harriet Roberta Kittle on Nov. 23, 1948 at Sacred Heart Church in Ness City. Francis is survived by his wife of 67 years; daughters, Rita Brethowr of Park City, Kansas; Marilyn Sommers (George) of Silver Lake, Kansas; son, Ray Wierman (Laura) of Bennington, Kansas. He is also survived by 5 grandchildren, 4 great grandchildren and many nieces and nephews.
He is proceeded in death by siblings, Gertrude Brackney, Marie Pfannenstiel, Bill Wierman, Mildred Kraisinger, Delores Clumsky, Eugene Wierman, James “Whitie” Wierman, Albert Wierman, Keith Wierman, Marjorie Linenberger & Betty Greenway.
Viewing will be October 11 from 9AM – 3PM at Fitzgerald Funeral Home, Ness City. Family will receive friends & guests 5:30PM – 7 PM October 11. Parish Rosary will be held at 7 PM, October 11 at St. Mary’s Heritage Church, McCracken, Kansas. Mass of Christian Burial will be 10:30 AM at St. Mary’s Heritage Church, McCracken, Kansas. Burial will follow at St. Mary’s Cemetery, rural McCracken.
In lieu of flowers, memorial contributions may be made to McCracken St. Mary’s Heritage Church or Rush County Memorial Hospital Long Term Care, in care of Fitzgerald Funeral Home, PO Box 96, Ness City, KS 67560.
Vernon J. Rohr, 81, Beechcraft foreman, loyal and loving husband, father and grandfather died Saturday, October 8, 2016.
Rosary will be at 7:00 pm, Tuesday, October 11, 2016, at Downing & Lahey East Mortuary. Funeral Mass will be at 10:30 am, Wednesday, October 12, 2016, at All Saints Catholic Church. Preceded in death by his wife, Annette Ann Rohr; parents, Lawrence and Katherine Rohr; brothers, Elmer Rohr, Gilbert Rohr, Leroy Rohr, Rev. Vincent Rohr; sister, Minnie Zimmerman.
Survived by his sons, David J. Rohr, Donald G. (Debi) Rohr and their children, Noah, Jonah, Hannah, Eli, Benny, Charlie, and Gregory; daughter, Jeanne L. Brown and her children, Zach Smith, Amber Smith, Melody, VJ and Minda; sisters, Esther Ruder, Ruth Pfeifer both of Hays, KS; brothers, Floyd Rohr of Hays, KS, Walter Rohr of Orange Park, FL; great-grandchildren, Michael, Gabriel, Mary, Kylie, Victoria.
A memorial has been established with The Lord’s Diner, 520 N. Broadway, Wichita, KS 67214, and Harry Hynes Memorial Hospice, 313 S. Market, Wichita, KS 67202.
I recently saw a letter to the Editor which calls for the removal of Kansas Supreme Court Justices who were reversed by the United States Supreme Court in the infamous Carr brothers cases.
The Kansas Supreme Court had reversed a District Judge who failed to give proper jury instructions. It left in place the conviction of the Carrs but ordered a new penalty phase hearing on the death penalty vs. life in prison issue so each Defendant would have a separate hearing on that issue.
It is important to remember that the Kansas Court did not “turn them loose”, nor did it say that the death penalty could not be imposed; just that it would have to be done in conformity with preexisting rules laid down by the Kansas Supreme Court. Under the Kansas Supreme Court decision, the Carr brothers would still have spent their entire lives in prison, without any chance of release. The United States Supreme Court, on appeal to it, reversed the Kansas decision, reinstating the result in District Court.
I know that the letter writer’s family was directly affected by the horrible crimes committed by the defendants in the Carr case and I cannot fathom how much it must hurt to have to think about that every day. This latest chapter in the case can do nothing to help those feelings. Were it not for the fact that I have learned that millions of dollars are being spent by outside forces to help Sam Brownback inappropriately control the judicial branch, my letter would not have been written. The issue is too important to allow it to be decided on emotion, though.
To fully understand the situation, it is helpful to recall an adage we all learned in law school: The Supreme Court is not final because it is infallible; it is infallible because it is final. Our system of justice in this country, while no doubt flawed, is also the best of any civilization yet known to Man. It is based upon the premise that this is a country governed by laws, not men (John Adams, 1780 Massachusetts State Constitution).
A reversal by the highest Court of the land is not a sign of unfitness for office. It is the way our system works and if the lower courts were perfect there would be no need for the Supreme Court of a State.
Very simply, the logic of the letter is faulty because its premise is faulty.
In the letter, the writer claims that the U.S. Supreme Court said that “a retention vote for the Kansas justices …would not come out favorably for them” and says that is paraphrased from the Scalia opinion. He closes by saying that the voters should “follow the advice of Justice Scalia” and not retain the Kansas Supreme Court Justices.
I suppose that if Justice Scalia or the Carr opinion said any such thing~ people could then follow the advice~ but, in fact, the opinion says no such thing.
I took the time to re-read the opinion when I saw the letter to the Editor and even used my computer to search the opinion for the words “retention”, “retain”, “keep”, “make their own law” or any of the words or phrases ascribed to Justice Scalia. They do not appear in the decision. In point of fact, Justice Scalia made absolutely no such comment as “paraphrased” in the letter from the former Judge. If there be any doubt as to what I say, here is the URL for the Carr decision. Search it yourself and read it carefully: https://www.supremecourt.gov/opinions/15pdf/14-449_9o7d.pdf.
While I may agree with the United States Supreme Court when it reverses a lower court, I know that reversal is not proof of some judicial misconduct. When I suffered reversal on a case decided by a local Judge, by the Kansas Supreme Court many years, I did not think the remedy was to recall the Supreme Court or not retain the Justices who voted to reverse that Judge. I knew that it was the job of the Kansas appellate court to scrutinize the decisions of District Judges and that if the Supreme Court did, in my opinion, err, it was infallible only because it was final. I also knew that it would be unfair if the local Judge’s next election opponent claimed that he should be booted out of office because he saw the law and facts a different way than the appellate court which reversed him.
There is a much bigger issue at stake this election year and it is whether Kansas will support the system of checks and balances among the three branches of government: The Courts, the Legislature and the Governor, or will be seduced by emotion to allow Governor Brownback to pack the Supreme Court of Kansas with judges who will allow him and his cohorts in the Legislature to run roughshod over the Kansas Constitution. The money funding the attempt to in effect destroy the Judicial System is from the Far Right extremists who have been trying to subvert the only thing that stands between them and total power in this State – the Courts.
In State after State, wealthy special interests have successfully removed enough Supreme Court Justices to in effect achieve reversal of decisions against them. West Virginia and Illinois are two examples of where that has happened. This is a replay of that game and victims of crime are being used as pawns in it. For the money people, this is about a power grab, not some kind of removal of Justices for misconduct.
In Kansas, there have been more than 50 attempts by the Legislature and Governor to change the way judges are appointed in Kansas and to alter the independence of the judiciary which looks out for the rights of all Kansans.
This most recent organized attempt, to allow a lame duck Governor, the most unpopular in the entire country, who has “experimented” Kansas into near bankruptcy, to attain control over the Kansas Supreme Court by creating five vacancies to be filled by him, with no accountability to the electorate for his actions, is using no-doubt frustrated and angry families of victims to achieve the court take-over.
If the voters want to eliminate one branch of government in Kansas, let them do it on the facts, not emotion. Don’t let the secret donations of the Far Right dictate a removal of judges who were doing their job, just as local District Judges were doing even when they were reversed on appeal.
Don’t vote against our Kansas Justices because of something that Justice Scalia never even said. Justice Scalia has now gone to his own judgment, having died on a hunting trip in Texas, and my best guess is that he was not judged by his Maker to be unfit to enter those gates because he was wrong in his opinions.
If you are going to turn to the Supreme Court of United States for advice on how to vote this election, read the dissenting opinion in the Carr case. In it, Justice Sotomayor, who disagreed with Scalia, said: “The standard adage teaches that hard cases make bad law. I fear that these cases suggest a corollary: Shocking cases make too much law.”
I urge you to resist this attempt to eliminate the system of checks and balances in Kansas. I respectfully request that you vote to retain Justices Nuss, Luckert, Biles and Beier. Vote to keep the balance of power in place. Vote Yes on November 8.
John T. Bird, Hays
Attorney At Law
The Hays Police Department responded to 13 traffic stops and 3 animal calls Fri., Oct. 7, 2016, according to the HPD Activity Log.
Underage Possession of CMB/LIQ–100 block W 7th St, Hays; 12:41 AM; 1:06 AM
Driving Under the Influence–200 block E 8th St, Hays; 1:31 AM; 2:20 AM
Suspicious Activity–500 block W 33rd St, Hays; 7:36 AM
MV Accident-City Street/Alley–I-70 Hwy and Vine St, Hays; 8:03 AM
Abandoned Vehicle–500 block E 17th St, Hays; 8:53 AM
Abandoned Vehicle–200 block Pershing Ct, Hays; 11:19 AM
Drug Offenses–500 block Vine St, Hays; 12:25 PM
Found/Lost Property–200 block W 7th St, Hays; 2:01 PM
MV Accident-City Street/Alley–26th St and Gen Lawton Rd, Hays; 2:55 PM
Driving While Suspended/Revoked–500 block E 20th St, Hays; 4:16 PM
Battery – Domestic–1300 block Eisenhower Rd, Hays; 4 PM; 4:17 PM
MV Accident-City Street/Alley–13th and Ash St, Hays; 4:57 PM
Found/Lost Property–2000 block Metro Ln, Hays; 10/6 3 PM; 10/7 5:45 PM
Assist – Other (not MV)–100 block E 15th St, Hays; 5:49 PM
Criminal Damage to Property–2000 block Vine St, Hays; 7:34 PM
Drug Offenses–1000 block E 15th St, Hays; 7:57 PM
Drug Offenses–1300 block Fort St, Hays; 9:41 PM
Violation of Restraining Order/PFA–400 block W 11th St, Hays; 9/26 7:40 PM; 10/7 7:23 PM
Warrant Service (Fail to Appear)–1200 block Vine St, Hays; 11:26 PM
The Hays Police Department responded to 20 traffic stops and 7 animal calls Sat., Oct. 8, 2016, according to the HPD Activity Log.
Suspicious Activity–500 block W 7th St, Hays; 12:19 AM
Intoxicated Subject–100 block E 11th St, Hays; 1:52 AM; 2:30 AM
Driving Under the Influence–700 block Walnut St, Hays; 2:14 AM
Suspicious Activity–1600 block Harvest Rd, Hays; 2:20 AM
Disturbance – Noise–500 block W 27th St, Hays; 2:40 AM
Driving Under the Influence–1500 block Vine St, Hays; 2:43 AM
Dangerous Animal–1000 block Reservation Rd, Hays; 9 AM
Animal At Large–2900 block Vine St, Hays; 12:12 PM
Animal At Large–14th St and Pine St, Hays; 1:21 PM
Contempt of Court/Fail to Pay–100 block W 12th St, Hays; 2:19 PM
Driving While Suspended/Revoked–1300 block of Canterbury Dr, Hays; 2:48 PM
Warrant Service (Fail to Appear)–22nd and Pine St, Hays; 3:14 PM
Lost Animals ONLY–200 block W 5th St, Ellis; 3:15 PM
Burglary/residence–400 block E 11th St, Hays; 10/7 3 PM; 10/8 4 PM
Stolen/Recovered Property–200 block W 12th St, Hays; 4:39 PM
Wildlife Incident–3700 block Fairway Dr, Hays; 5:09 PM
Phone/Mail Scam–100 block W 12th St, Hays; 6:42 PM
MV Accident-Private Property–2200 block Marjorie Dr, Hays; 6:59 PM
Burglary/vehicle–500 block W 27th St, Hays; 6:30 PM; 6:32 PM
Bicycle – Lost,Found,Stolen–1300 block MacArthur Rd, Hays; 7:30 PM; 10:21 PM
MV Accident-Hit and Run–4300 block Vine St, Hays; 10:35 PM
Suspicious Activity–1500 block US 183 Alt Hwy, Hays; 10:44 PM
Driving Under the Influence–1300 block E 13th St, Hays; 11:26 PM
The Hays Police Department responded to 20 traffic stops and 8 animal calls Sun., Oct. 9, 2016, according to the HPD Activity Log.
Suspicious Activity–1400 block W 42nd St, Hays; 12:22 AM
Disturbance – General–200 block W 10th St, Hays; 12:55 AM
Domestic Disturbance–200 block W 10th St, Hays; 2:21 AM
Suspicious Activity–1100 block Downing Ave, Hays; 11:39 AM
Animal At Large–500 block W 27th St, Hays; 11:43 AM
Animal At Large–600 block E 6th St, Hays; 12:01 PM
Animal At Large–100 block E 16th St, Hays; 12:06 PM
Animal At Large–5th and Elm St, Hays; 2:17 PM
Animal At Large–2500 block Sherman Ave, Hays; 3 PM
Theft (general)–3600 block Vine St, Hays; 3:29 PM
Burglary/vehicle–300 block W 8th St, Hays; 4:30 PM; 4:38 PM
MV Accident-City Street/Alley–4100 block Vine St, Hays; 5:13 PM
Animal At Large–2500 block Vine St, Hays; 5:17 PM
Suspicious Activity–100 block W 20th St, Hays; 6:47 PM
Disturbance – General–1000 block Reservation Rd, Hays; 7 PM
MV Accident-Private Property–800 block Ash St, Hays; 7:09 PM
Bicycle – Lost,Found,Stolen–1900 block Ash St, Hays; 7:35 PM
Lost Animals ONLY–200 block E 24th St, Hays; 7:39 PM
Disturbance – General–2700 block Colonial St, Hays; 8:16 PM
Suspicious Activity–300 block E 23rd St, Hays; 9:27 PM
Suspicious Activity–1300 block Haney Dr, Hays; 11:19 PM
Warrant Service (Fail to Appear)–2700 block Epworth St, Hays; 11:36 PM
