TOPEKA, Kan. (AP) — Kansas’ attorney general on Monday asked the state Supreme Court to settle an unprecedented dispute between Gov. Laura Kelly and a top lawmaker over whether Kelly can name a new lower-court judge after withdrawing her first pick.
Kelly had nominated Jeffry Jack March 15-photo office of Kansas Governor
The Democratic governor announced last week that she is moving ahead with submitting a new state Court of Appeals nominee to the GOP-dominated Senate for confirmation despite the objections of Senate President Susan Wagle, a conservative Wichita Republican. Wagle said Monday that Kelly is showing “blatant disrespect” for the law governing appointments to the state’s second-highest court.
Kelly was forced last month to withdraw the nomination of her first choice, Labette County District Judge Jeffry Jack, over political posts on his Twitter feed in 2017. Some included foul language or acronyms and one described President Donald Trump as “Fruit Loops.”
Wagle contends that by withdrawing Jack’s appointment, Kelly missed the legal deadline for nominating an appeals judge and the choice now falls to Supreme Court Chief Justice Lawton Nuss. The governor contends she met the deadline and gets to try again.
Attorney General Derek Schmidt, also a Republican, filed a petition Monday with the Supreme Court arguing that the law is “silent on this question.”
“It provides no legal authority for either the governor or the chief justice to fill a vacancy in this situation,” Schmidt wrote.
Jack’s failed nomination was a major embarrassment for the new governor and raised questions about her vetting process. No governor has missed making an appointment to the Court of Appeals since the state created it in 1978.
Schmidt asked the Supreme Court to expedite a decision. Legislators return May 1 from an annual spring break but are scheduled to wrap up their work for the year on May 17.
Veteran appeals court Judge Patrick McAnany retired the day Kelly took office in January. The 2013 appointments law says if the governor fails to make a nomination within 60 days, the choice falls to the Supreme Court’s chief justice.
Kelly announced Jack’s nomination on the March 15 deadline and withdrew it four days later. Wagle accused the governor Monday of trying to “bypass” the law.
“We should not escalate this conflict further but instead seek resolution on the legal question of who holds power to make the next nomination,” Wagle said before Schmidt filed his petition.
The law says that if the Senate rejects a nominee, the governor names another, without addressing what happens if a nominee withdraws without a vote. Kelly and her staff have argued that Jack represents a failed nomination.
“We need to get somebody on the Court of Appeals,” Kelly told reporters Monday. “We just need to get that language clarified, but in the meantime, I think it’s important that we go ahead with the process.”
SHAWNEE COUNTY — Authorities are investigating the cause of a fire Monday at a home in Shawnee County.
Crews on the scene of Monday’s fire -photo courtesy WIBW TV
Just after 3a.m., fire crews responded to a reported structure fire located at 325 SE Pinecrest Drive in Topeka, according to Fire Chief Michael Martin. Upon arrival, firecrews found a one story wood frame residence with heavy smoke and flames visible.
Firefighters began an offensive fire attack and began a search of the structure. The occupants escaped without injury. One occupant rescued a pet dog which sustained minor burns and was transported to an animal clinic for treatment; one cat remains missing.
The origin of the fire was within the living room, according to Martin. Estimated structural dollar loss – $12,000 and estimated content dollar loss is $6,000. The residence had no working smoke alarms.
ST. PETERSBURG, Fla. (AP) – Mike Zunino returned from the paternity list and hit his first home run for Tampa Bay, a two-run shot that helped the Rays stop a season-high four-game skid with a 6-3 victory over the Kansas City Royals on Monday night.
Yandy Diaz, Brandon Lowe and Daniel Robertson also drove in runs for the AL East leaders, who scored three times in the seventh to come from behind against Brad Keller (2-2). It’s the ninth time this season the Royals have lost after holding a lead in the sixth inning or beyond.
Pitching while appealing a five-game suspension for his role in a benches-clearing fracas with the Chicago White Sox last week, Keller held the Rays in check until giving up Robertson’s tying RBI grounder and Zunino’s homer to straight away center in the seventh.
Zunino, obtained from Seattle in an offseason trade, missed three games while on the paternity list for the birth of his son last Friday.
The 23-year-old Keller allowed five runs and seven hits over 6 1/3 innings in his first outing since hitting Chicago’s Tim Anderson with a pitch two innings after the AL’s leading hitter emphatically spiked his bat to celebrate a homer, sparking last Wednesday’s melee that led to his suspension.
Alex Gordon, Hunter Dozier and Jorge Soler hit solo homers for the Royals, who have lost four straight.
Gordon and Dozier went deep for the second straight game, with Gordon connecting off Rays starter Yonny Chirinos in the first inning and Dozier giving the Royals a 3-1 lead in the sixth. Soler’s solo shot snapped a fifth-inning tie.
Wilmer Font (1-0) struck out the only batter he faced to get the win. Emilio Pagan pitched the ninth for his first career save.
TRAINER’S ROOM
Royals: LHP Danny Duffy (left shoulder impingement syndrome) is expected to rejoin the rotation Friday night. “He’s been one of our better starters over the last couple years, and when he’s healthy we know what type of pitcher he is,” manager Ned Yost said.
Rays: RF Austin Meadows, who’s on the injured list with a sprained right thumb, will be shut down for 10 days and hopes he will be ready to return in three to four weeks. “Let the swelling go down and after that see where we’re at,” Meadows said.
ON THE MEND
Rays LHP Blake Snell (fractured right fourth toe) had a light mound session totaling eight pitches in advance of an upcoming full bullpen. The 2018 AL Cy Young Award winner did not take part in defensive drills with the other pitchers. Snell was hurt moving a decorative stand in the bathroom of his home on April 14.
UP NEXT
Royals RHP Homer Bailey (2-1) will start the middle date of a three-game series. The Rays will use an opener, but were waiting until after Monday’s game to announce which reliever would take the mound first.
ABILENE, Kan. – Jaysa Wichers picked up a couple of wins in the circle and helped the Hays High softball team to a sweep of Abilene, 4-3 and 8-0 in a makeup doubleheader Monday.
Wichers gave up three runs on seven hits with seven strikeouts and two walks in game one. She then threw a complete-game four-hit shutout in game two with five strikeouts and a walk to move to 6-3 on the season.
Macee Altman knocked in two runs in the opener and had one of the Indians four doubles.
Kaitlyn Brown and Mackenzie Fagan both had three hits with Fagan and Wichers both driving in three runs in game two.
The Indians have won three of their last four and are 6-4 on the season. They will be part of a triangular hosted by TMP-Marian on Thursday where they will face Sacred Heart and TMP.
KANSAS CITY, KAN. – An inmate at Leavenworth federal prison was sentenced Monday to 42 months in prison for attacking another prisoner with a metal pipe, according to U.S. Attorney Stephen McAllister.
Seaman from his time in the Kansas Department of Corrections for convictions including theft, battery, aggravated escape from custody and drugs.
Jimmy A. Eastep, Jr., 49, pleaded guilty to one count of assault with a dangerous weapon. In his plea, he admitted he was working in prison electrical shop when he attacked another inmate.
Prison staff found the victim identified as 52-year-old Michael Seamen lying on the floor in a pool of blood.
He suffered a skull fracture and other serious injuries and was transferred to U.S. Medical Center for Federal Prisoners in Springfield, Mo.
SALINE COUNTY—Law enforcement are investigating a suspect on multiple charges after a weekend chase across several counties.
Costello photo KDOC
Just after 7:40 p.m. Saturday, Ottawa County Sheriff’s personnel and Kansas Highway Patrol (KHP) troopers were engaged the pursuit of a dark colored BMW. The chase entered Saline County on U.S. Highway 81, but the Ottawa County and KHP pursuers lost the vehicle on the east side of Salina, according to Salina Police Captain Paul Forrester.
According to Forrester, at 8:16 p.m. Saturday, a Salina Police officer spotted the vehicle and attempted to conduct a traffic stop in the 300 block of East Jewell, however the vehicle took off through town and eventually disappeared.
At 8:33 p.m., a law enforcement dispatchers received a call from someone reporting that a BMW was parked in the alley behind the 200 block of South 12th and that a black male subject was changing his clothes there, according to Forreste.
Police located the man walking in the 700 block of West Walnut, but he fled when he saw the officers.. The subject eventually was found hiding on the roof of a dog kennel in the 100 block of South 12th Street.. When located, the subject had a small amount of marijuana and the keys to the BMW on him,.
Police booked Elbert Costello, Jr., 21, of Wichita, on requested charges of Flee and elude, Disobeying traffic control devices, Speeding, Felony obstruction, Possession of marijuana and Possession of drug paraphernalia. Costello has four previous convictions that include aggravated battery, aggravated assault and weapons violations, according to the Kansas Dept. of Corrections.
HAYS, Kan.-The Hays High girls’ soccer team continues to roll as they beat Great Bend 4-0 on Monday afternoon in Hays. The win is the sixth in the last eight matches for Hays to go along with two ties. During that stretch the Lady Indians have outscored their opponents 23-1.
It took Silas Hibbs’ squad a little bit of time to get on the board against their Western Athletic Conference rivals from Great Bend. Isabel Robben struck first with a goal in the 30th minute to put Hays on top 1-0 off an assist from Allison Shubert. Just five minutes later Caroline Robben was in the right place at the right time as she punched in a rebound shot to give the Lady Indians the 2-0 advantage at the half.
Shubert struck twice in the second half for Hays High. Her first goal was in the 71st minute to lengthen the Hays lead to 3-0. In the 76th minute she was fouled in the box to set up a penalty kick which she converted to give the Lady Indians the 4-0 lead and victory.
Hays improves to 8-1-2 on the season. Their next action is at 4pm on Thursday when they face TMP at the Bickle-Schmidt Sports Complex in Hays.
TOPEKA – On Friday April 5th, Michael Beam was confirmed by the Kansas Senate after the unanimous recommendation of the Committee on Agriculture and Natural Resources earlier in the week.
Kansas Governor Laura Kelly nominated Mike Beam, Senior Vice President of Kansas Livestock Association, in January to lead the Kansas Department of Agriculture (KDA) and the more than 300 employees who work for the agency. KDA advocates for the agriculture industry, encourages economic growth in agriculture, ensures a safe food supply, protects natural resources and safeguards animal health. “Mike Beam is a respected leader in Kansas agriculture and uniquely qualified to provide guidance and innovation at the Department of Agriculture,” said Governor Kelly.
Beam came to Kansas Livestock Association in 1980 and during his time at KLA, Beam was appointed by governors and state agency secretaries to serve on numerous high-level working groups discussing the Flint Hills, prescribed burning, conservation programs, ecotourism, deer hunting and wildlife management.
Mike is a 1974 graduate of Esbon High School and is the son of Thelma and John Beam of Esbon. Following is Mike Beam’s confirmation speech on April 3rd, 2019, to the Committee on Agriculture and Natural Resources.
“Good morning Mr. Chairman and Senate Agriculture and Natural Resources Committee members. I’m honored to be considered for the appointment as the Secretary of Agriculture of Kansas. I’d like to take the opportunity during these opening comments to share with you my personal background, highlights of my professional career and my perspective regarding the Kansas Department of Agriculture.
“I’m the first of six children of John and Thelma Beam of Esbon, Kansas. We were raised in this small farming community in northwest Jewell County. My parents, who are still actively living in the Esbon community, represent the second generation of Beam Family Farms. Our parents showed us how to work long hour days, take pride in our efforts, continually strive to learn and gain knowledge, serve our communities, respect and support our neighbors, be grateful for our blessings, and rely on our faith in times of stress or despair. I’m the proud product of a small public school, 4-H projects and activities, and a tradition of locals waving at everyone we meet while traveling on country roads, regardless if it’s someone we don’t recognize.
Despite living off the farm for over 40 years, I still consider the Esbon farming community my home and maintain a strong devotion and admiration for all the people I personally know who live, work and raise their families in rural communities throughout Kansas.
Upon graduation from Colby Community College and Kansas State University, I served as a county extension agent in Dickinson County for two years. The balance of my professional career was spent on the staff of the Kansas Livestock Association, which is a voluntary trade association formed 125 years ago. In addition to general membership duties and educational programs, I served as a governmental affairs representative of KLA for 35 years.
“During my career in governmental affairs I participated in numerous legislative debates in this building on issues including farm machinery taxation, use-value appraisal of agricultural land, fence laws, corporate farm law amendments, water and natural resources bills, and animal health laws. In addition to legislation, I often advised state agencies on matters impacting farmers and ranchers throughout Kansas. In fact, I’ve had the privilege to know and work with the past ten Kansas Secretaries of Agriculture.
“During my tenure in governmental affairs I learned several valuable lifelong lessons. First, always strive to be courteous and listen to others who have a differing perspective and opinion. Second, seldom does any legislation become law if other stakeholders are not involved in the process. Last and most importantly, my predecessors and peers showed me how to navigate stormy waters in a nonpartisan manner. If confirmed, I pledge to continue this approach as a state official.
“In addition to my governmental affairs role at KLA, I helped ranchers form and grow the Ranchland Trust of Kansas. This nonprofit conservation organization is an agricultural land trust that assists landowners in permanently conserving their working lands.
“The success of the Ranchland Trust of Kansas should be credited to volunteers serving on the board of directors and numerous private and public partners who supported the organization’s mission and vision. I’m grateful for this experience and often remind myself that there’s no limit to what an organization can accomplish with a culture of inclusion and collaboration.
“Now it’s time for me to look ahead at a new challenge and opportunity. I’m humbled, yet ecstatic, about my nomination to be the next Kansas Secretary of Agriculture.
“We consider agriculture the largest industry, employer and economic driver in Kansas, accounting for more than 42% of the state’s economy and valued at nearly $64 billion. More than 238,000 Kansans, or nearly 13% of the state’s workforce, are supported by agriculture. Kansas agriculture is quite diverse in its average rainfall and corresponding cropping system, with vibrant ranching communities in three large intact native grassland areas, and various sizes of traditional and specialty crop enterprises. In addition, the Kansas agribusiness community is a large employer that adds value to our state-grown commodities and livestock.
“I see the role of the Kansas Department of Agriculture to assist and support our Kansas businesses when appropriate and welcomed. In addition, KDA is guided by many statutes passed by the legislature that assign responsibilities for:
Administering laws relating to how water is used and allocated.
Overseeing floodplain mapping.
Regulating the construction of dams and levees.
Administering cost-share land and water conservation programs.
Administering programs that prevent, control and eradicate contagious diseases in livestock and domestic animals.
Providing leadership in comprehensive emergency management planning for devastating events or threats impacting agriculture.
Administering the Animal Facilities Inspection program for facilities that produce, sell or provide shelter for companion animals.
Administering the noxious weed law.
Inspecting dairy and commercial feed stuffs.
Administering the state’s food safety and lodging inspection program.
Regulating products used to control pests or enhance plant growth, as well as assist in monitoring usage for sensitive crops.
Administering the state’s weights and measures program.
Providing laboratory services that support regulatory programs.
Coordinating business development, including the administration of the From the Land of Kansas program and organizing export trade missions.
Coordinating the National Organic Certification Cost-Share Program and Specialty Crop Block Grant Program.
“In closing I’d like to say that I’m honored to be appointed by Governor Kelly as the next Secretary of Agriculture. Mr. Chairman and Committee Members, I take the responsibility of the Kansas Secretary of Agriculture seriously. If confirmed I will continue my passionate devotion to the agriculture producers, agriculture businesses and the citizens of this great state. Most importantly, I will do so with a collaborative, team approach with the professional and devoted staff at KDA, the Kansas Legislature, the Administration and the many stakeholders of Kansas Agriculture and KDA.
“I welcome your questions, suggestions and concerns now or at your convenience. Thank you for considering my nomination.”
TOPEKA, Kan. (AP) — Kansas’ new Democratic governor on Monday vetoed a measure that would require clinics and doctors to tell their patients about a disputed treatment to stop a medication abortion after a woman has taken the first of two pills.
Gov. Laura Kally during a Monday bill signing session in Topeka-photo courtesy office of Kansas Governor
The action by Gov. Laura Kelly, an abortion-rights supporter, sets up a confrontation with a Republican-controlled Legislature that has had solid anti-abortion majorities for more than two decades. Supporters of the abortion “reversal” bill appeared to have the two-thirds majorities needed in both chambers to override Kelly’s veto once lawmakers return on May 1 from a weekslong break.
Abortion opponents contend the bill ensures that women who harbor doubts about ending their pregnancies will learn that they can stop a medication abortion by taking the hormone progesterone. Abortion-rights supporters say the proposal would force doctors to provide dubious information to their patients.
Kelly said such a requirement would interfere with the relationship between patients and their physicians.
“This unwarranted legislation will create confusion and could be harmful to women’s health,” Kelly said. “The practice of medicine should be left to licensed health professionals, not elected officials.”
Kansans for Life, the state’s most influential anti-abortion group, immediately promised an attempt to override the veto. Senate President Susan Wagle, a conservative Wichita Republican, tweeted that the bill would allow women “to make an informed decision about their pregnancy.”
“Women seeking abortion must not be denied current medical information that can save their babies,” said Mary Kay Culp, Kansans for Life’s executive director.
Seven states with Republican governors have enacted such laws, starting with Arkansas in 2015, and Oklahoma’s GOP-controlled Legislature recently approved a measure. Kelly was elected last year and took office in January after the state imposed a raft of new abortion restrictions under her Republican predecessors.
Kelly’s veto came after other states, including Kentucky, Mississippi and Ohio, have moved to ban abortions when a fetal heartbeat is detected, as early as the sixth week of pregnancy. But Kansans for Life has long favored an incremental approach and restrictions that it believes will survive court challenges.
Medication abortions using Mifepristone, also known as RU-486, are the most common way of terminating a pregnancy in Kansas, accounting for 61% of the total last year, according to statistics from the state health department.
Supporters of “reversal” laws cite a 2018 study led by an anti-abortion doctor and medical school professor in California and note that progesterone has been used for decades to prevent miscarriages.
“If they didn’t know they could change their mind and all of a sudden they had a change of heart and they wanted to, we would want them to know that, that’s available to them,” said House Majority Leader Dan Hawkins, another GOP conservative from Wichita. “It absolutely saves a life, and that’s important to us.”
Abortion-rights supporters have said that study is flawed and that progesterone’s use for reversing a medical abortion hasn’t been adequately tested. The American College of Obstetricians and Gynecologists has disputed the usefulness of the procedure.
Kelly said in her veto message that the bill would create a mandate “that is not adequately supported by medical science.”
“Requiring doctors to provide unscientific and unproven information violates the private relationship between women and their medical providers,” said Julie Burkhart, founder and CEO of the Trust Women Foundation, which operates a clinic providing abortions in Wichita.
Under the Kansas legislation, an abortion clinic would have to display a sign with the abortion reversal notice, and the physician would have to tell a patient in writing that a medication abortion can be reversed. A clinic that failed to post a sign could be fined $10,000, and a doctor who failed to notify a patient could be charged with a misdemeanor for a first offense and a felony for a second.
SHAWNEE COUNTY — Law enforcement authorities are investigating an Easter Sunday shooting and have made an arrest.
Reisinger -photo Shawnee Co.
Just before 7 p.m., officers responded to the area of NW Morse Street and NW Central Avenue in Topeka on a report of a shooting, according to police spokesperson Gretchen Koenen.
Upon arrival, officers located the victim of the shooting, 29-year-old Shawn Bell who was suffering from a non-life threatening gunshot wound.
An investigation determined the suspect was 18-year-old Jacob I. Reisinger.
Officers located Reisinger and took him into custody without incident and booked him on requested charges that include aggravated battery, felon in possession of a firearm and criminal discharge of a firearm. The victim and the suspect were known to one another, according to Koenen.
Grow Hays will hold its second Pitch It event Tuesday evening beginning with a 30-minute social gathering at 6:30 p.m. and the presentation beginning at 7 p.m.
There will be five presenters, offering pitches five minutes in length, followed by three minutes of Q&A from the judges. The winner will be awarded a $500 cash prize.
Pitch It is part of the Robert E. Schmidt Entrepreneurship Series sponsored by the Robert and Pat Schmidt Foundation.
The public is welcome to attend the event, which will be at BriefSpace, 219 W. 10th in downtown Hays.
The Trump administration announced it will no longer grant waivers to countries currently importing oil from Iran. China, Japan, India, Turkey and South Korea, have continued to do business with the Islamic republic despite U.S. Sanctions. But the special wavers will not be renewed, which threatens to wipe roughly 1 million barrels per day off the market. The news sent crude futures prices up by more than three percent on Monday.
Independent Oil & Gas Service reported a slight drop in last week’s active drilling rig counts in Kansas. There were six active rigs east of Wichita, down three, and 22 in Western Kansas, down two. Drilling was underway at sites in Ellis and Stafford County. Operators are about two spud on one lease in Barton County and two in Ellis County.
Baker Hughes reported a big drop in active rigs across the U.S. for last week, down eight oil rigs and two gas rigs for a total of 1,012. Oklahoma and Texas were each down two rigs. Canada reported 66 rigs which is unchanged from the week before.
Independent Oil & Gas Service reported 17 new well completions for the week, 471 so far this year. There were four in eastern Kansas, and out of the 13 newly-completed wells in western Kansas, more than half were dry holes. There was one new completion in Ellis County.
Operators received 21 permits for drilling at new locations across Kansas last week, two east of Wichita and 19 in the western half of the state. Regulators have issued 262 new permits so far this year.
Last year the U.S. exported nearly double the amount of crude oil it sent abroad the year before. Domestic exports rose to two million barrels per day last year. According to data compiled and reported on the Web site World Oil dot com, Canada remains the largest single destination for U.S. exports, at an average 378-thousand barrels per day. That’s about 19% of the total. South Korea surpassed China to become the second-largest U.S. customer.
Industry observers report a dramatic increase in oil-by-rail shipments. According to the Association of American Railroads, U.S. shipments increased nearly 39% for the week ending April 13 compared to a year earlier, to more than 13-thousand rail cars. Canada reported a nearly 26% increase in oil-by-rail shipments.
Saudi Arabia is once again floating the idea of selling its crude oil in currencies other than the U.S. dollar, if American lawmakers pass an anti-OPEC bill. Reuters reports the Arab kingdom is preparing a strategy to deal with the possible passage of “NOPEC,” the No Oil Producing and Exporting Cartels Act. The bill is widely viewed as a non-starter, suggesting the Saudi effort is also unlikely to come to pass. Despite that, Reuters cites two sources saying the kingdom has discussed the proposal with other OPEC members.
Another source said the Saudis have broached the subject with U.S. energy officials. If the Saudis follow through, it would chip away at U.S. influence over the world’s financial markets and our ability to enforce sanctions on foreign entities. Efforts to diminish the greenback’s role in oil trading have been fairly limited to date, but would represent a coup for countries like Russia and China.
LAWRENCE, Kan. (AP) – Kansas center Udoka Azubuike will return for his senior season, giving coach Bill Self the 7-foot center he hoped to build his offense around last season.
Azubuike averaged 13.4 points and 6.8 rebounds before undergoing season-ending wrist surgery last season. The Jayhawks went on to finish 26-10 and lose in the second round of the NCAA Tournament.
Azubuike, who led the nation in field-goal percentage as a sophomore, briefly considered heading to the NBA. But the recovery from his wrist injury meant he could not participate in the NBA’s combine or work out for NBA teams, making his return to Kansas a prudent decision.
The Jayhawks are still putting the finishing touches on this year’s recruiting class, and keeping Azubuike in the fold for one more season helps to round out the roster.
Four other players have said they will not return: Quentin Grimes, Dedric Lawson, K.J. Lawson and Charlie Moore.
