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Headlines for Tuesday, March 19, 2019

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UPDATE: Kansas Governor Withdraws Judicial Nomination of Judge Jeffry Jack

TOPEKA, Kan. (KPR) — Kansas Governor Laura Kelly has withdrawn the nomination of a southeast Kansas judge to fill a vacancy on the Kansas Court of Appeals.  A news release from the governor's office says, "In light of the information that has surfaced regarding Judge Jeffry Jack’s social media presence, Governor Laura Kelly is withdrawing his name from consideration for the Kansas Court of Appeals vacancy.   Jack, at the request of Governor Kelly, submitted a letter last night removing his name from consideration."  Kelly said, "I’m surprised and disappointed that a sitting judge would engage in this type of rhetoric.”  It’s unacceptable for a sitting judge, who must be seen as unbiased and impartial, to post personal political views on social media.”
 
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Senate Leader: Judge's Tweets Should Be Reviewed

TOPEKA, Kan. (AP) — The Kansas Senate's top leader says a judicial ethics commission should review the conduct of a judge whose political Twitter posts sunk his nomination for the state Court of Appeals. Senate President Susan Wagle said Tuesday that she is considering filing a complaint herself against Labette County District Judge Jeffry Jack. Wagle said the Commission on Judicial Qualifications should consider whether Jack's tweets in 2017 violated a rule in the code of conduct for judges saying they should act in ways that promote public confidence in their impartiality. Jack's tweets criticized President Donald Trump and expressed support for abortion rights and gun control. Democratic Gov. Laura Kelly withdrew his nomination Tuesday for the appeals court. Jack defended his tweets as personal opinions that didn't affect his work on the bench.

Kansas Judge Says Tweets Were Personal Opinions

TOPEKA, Kan. (AP) —  A Kansas judge whose Twitter feed sunk his nomination to the state's second-highest court says he was expressing personal opinions that do not influence his work on the bench. In a statement Tuesday, Judge Jeffry Jack also criticized Senate President Susan Wagle for opposing his confirmation to the Kansas Court of Appeals before he had a hearing. His Twitter page showed hundreds of tweets and retweets from 2017 that criticized President Donald Trump and expressed support for gun control and abortion rights. Some included vulgar language. Kelly withdrew Jack's nomination Tuesday. Jack said his tweets were "anti-violence, anti-discrimination and anti-hypocrisy." He said he assumed he was expressing personal opinions to a small group of followers and did not understand that his tweets were accessible to the public.

Abortion Foes Want Ex-Nominee to Resign as Judge

TOPEKA, Kan. (AP) —  An anti-abortion group influential in Kansas politics has called on a trial-court judge to step down after political posts on his Twitter feed sunk his nomination for the Kansas Court of Appeals. Kansans for Life said Tuesday that Democratic Gov. Laura Kelly's decision to withdraw her nomination of Judge Jeffry Jack for the state's second-highest court is a good first step. But Executive Director Mary Kay Culp said the group believes Jack also should resign from his current position of Labette County district judge. Jack's Twitter page included posts from 2017 criticizing President Donald Trump and expressing support for gun control and abortion rights. Some used vulgar language. Jack asked to have his name withdrawn Monday night after Republicans predicted he would not be confirmed by the GOP-controlled state Senate.

- Earlier report -

Kansas Lawmakers: Governor Kelly's Court Nominee Should be Withdrawn

TOPEKA, Kan. (AP) — Kansas Senate President Susan Wagle and another key Republican say Democratic Governor Laura Kelly's nomination of a trial court judge for the state Court of Appeals should be withdrawn.  Wagle and Senate Judiciary Committee Chairman Rick Wilborn said Monday that they oppose Kelly's nomination of Labette County District Judge Jeffry Jack. They cited tweets and retweets criticizing President Donald Trump and expressing support for gun control and abortion rights.  Kelly spokeswoman Ashley All called the Twitter posts "troubling" and said the governor's office is looking into them.  Wagle predicted the GOP-controlled Senate would not confirm Jack.  Jack has been a Labette County district judge since 2005. Kelly nominated him Friday for an open seat on the state's second-highest court.  Jack did not immediately return a telephone message seeking comment.

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Federal Appeals Court Weighs Kansas Proof-of-Citizenship Voting Law

SALT LAKE CITY (AP) — A federal appeals court has heard arguments about whether Kansas should be allowed to resurrect a law that required people to submit proof of citizenship before registering to vote.  During a hearing Monday in Salt Lake City, Judge Jerome Holmes of the 10th Circuit Court of Appeals pointed to evidence that Kansas' requirement kept more than 30,000 people from registering over the three years it was in effect, even though nearly all of them were citizens.  Kansas' solicitor general, Toby Crouse, said much of that was due to bureaucratic problems with the way the law was implemented, and that it doesn't make the law unconstitutional.  Dale Ho, of the American Civil Liberties Union, argued that those problems are "baked in" to the measure and that the number is compelling evidence that the law created an illegal hurdle to the ballot box. The three-judge panel didn't indicate when it might rule.

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KDOT Employee No Longer on the Job After Sending Anti-Trump Tweet

WICHITA, Kan. (AP) — The Kansas Department of Transportation says a worker who posted a tweet from its official Twitter account criticizing President Donald Trump is no longer employed by the agency.  Wichita Eagle reports that the tweet on Sunday came in response to a tweet from Trump that criticized Fox News weekend anchors and asked whether they had been trained at CNN, a network that the president frequently derides. The tweet from the agency's account called Trump a "delusional communist." It has since been deleted.  The state's transportation secretary, Julie Lorenz, says the tweet does not reflect the agency's views and was "an unacceptable use of state communication tools."  Lorenz hasn't revealed the name of the former employee responsible for the tweet.

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Supreme Court Agrees to Hear Identity Theft Case

WASHINGTON (AP) — The Supreme Court has agreed to take up a case that could make it more difficult for states to prosecute identity theft and other crimes.  The high court agreed Monday to take a case out of Kansas that involves the state's prosecution of people who were using others' Social Security numbers on employment and other forms.  Kansas' highest court ruled in 2017 that the state couldn't prosecute those crimes by relying on information that is on a required federal work authorization form, the I-9. Kansas argued it can prosecute because the same information also appears on state work forms.  Ten states had urged the Supreme Court to take the case.

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Supreme Court Considers Louisiana's Non-Unanimous Juries

WASHINGTON (AP) — The Supreme Court will consider overturning a criminal conviction by a 10-2 vote in Louisiana.  The justice acted Monday, four months after Louisiana voters amended the state constitution to prohibit non-unanimous verdicts in criminal cases.  Oregon is the only state that still allows them.  The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.  The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother.  The cases will be argued in the fall.

This story has been corrected to reflect that Louisiana voters have abolished non-unanimous verdicts, leaving Oregon as the only state that allows them.

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Vice President Mike Pence to Survey Nebraska Flood Damage

KANSAS CITY, Mo. (AP) — Vice President Mike Pence will travel to Nebraska to survey damage from flooding in the Midwest.  White House Press Secretary Sarah Sanders tweeted that President Donald Trump requested Pence go Tuesday to the Midwest to see the damage.  Sanders says Pence will be joined by Nebraska Governor Pete Ricketts and Iowa Gov. Kim Reynolds.  The tweet did not say where in Nebraska Pence would go.

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Lawrence to Consider Lowering Fines for Marijuana Possession

LAWRENCE, Kan. (AP) — Lawrence city leaders are considering whether to slash the city's penalties for possessing marijuana. The Lawrence Journal-World reports that the City Commission will discuss Tuesday whether to lower fines for marijuana possession, which currently amount to hundreds of dollars. Commissioners last month voiced support for a proposal to reduce the fine to $1 for first and second convictions of possessing 32 grams or less of marijuana. Mayor Lisa Larsen says people of color are disproportionately arrested for marijuana possession. A 2013 report by the American Civil Liberties Union found that black residents in Kansas are over four times more likely to be arrested for marijuana possession than white people, despite using marijuana at similar rates. Larsen says the city needs to make a change to provide more equity in the criminal justice system.

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Ex-President of Kansas Credit Union Admits Embezzlement

TOPEKA, Kan. (AP) — Authorities say a former president of a credit union in Topeka has pleaded guilty to embezzlement. The U.S. attorney's office said in a news release that 52-year-old Connie Marie Kent of Topeka pleaded guilty Tuesday to one count of theft from a credit union and has agreed to repay nearly $40,000. She admitted in her plea agreement that she was an officer and employee of 1st Kansas Credit Union, formerly known as Post Office Credit Union. Its membership is limited to government employees. She faces up to 30 years in prison. Sentencing is set for June 25.

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Kansas Woman Gets Life Sentence for Killing Ex-Boyfriend

LAWRENCE, Kan. (AP) — A woman has been sentenced to life in prison with no possibility of parole for 50 years for killing the father of her child whose body was found inside a burning house near Lawrence. The Lawrence Journal-World reports 39-year-old Tria Evans appeared in court Tuesday for sentencing six weeks after a jury deliberated 1½ hours. She was convicted of first-degree murder, conspiracy to commit murder, arson and aggravated burglary in the November 2017 killing of 34-year-old Joel Wales. Evans and Wales had a child together and a history of domestic disputes. Judge Kay Huff says "it doesn't get much more premeditated than this case." Wales was shot six times while house-sitting at his mother's home just south of Lawrence. Gasoline was was poured over his body and lit on fire.

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Barton County Replacing Aging Voting Equipment

GREAT BEND, Kan. (AP) — Barton County is purchasing new voting equipment to replace its aging machines and move back to using paper ballots. The Great Bend Tribune reports that commissioners on Monday approved $183,000 to buy voting equipment from Election Systems and Software in Omaha, Nebraska. The county's current system is 12 years old and beginning to show wear. County Clerk Donna Zimmerman says it should be replaced before the equipment becomes unreliable. She says they have been working on the project for three years viewing various products before suggesting Election Systems and Software, which provides the county's current voting machines. For voters who cast an electronic ballot, a paper copy will be printed for scanning. Voters who want a paper ballot can fill one out that can be scanned.

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Former Kansas Lawyer Admits Stealing from Clients' Estate

WICHITA, Kan. (AP) — A former lawyer has admitted stealing from a bankruptcy estate of a couple he once represented. The U.S. attorney's office said in a news release that 69-year-old Christopher O'Brien of Wichita pleaded guilty Monday to one count of embezzlement from an estate. In his plea, O'Brien admitted he embezzled $132,000 from the estate of Roger and Maria Altis. He also agreed as part of his plea agreement to an order of restitution for more than $780,000 that includes the Altis case and two others. O'Brien has voluntarily surrendered his law to practice law in Kansas. Prosecutors say he faces up to five years in prison at his June 3 sentencing.

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Ex-Priest's Medical Licenses Become Inactive in 2 States

KANSAS CITY, Kan. (AP) — Records show a former Kansas City priest no longer has valid licenses to practice medicine in Kansas and Missouri after being defrocked last year following an investigation into multiple allegations of child sexual abuse. John Wisner's medical licenses to practice as a psychiatrist remained active for months after the Archdiocese of Kansas City removed him from the clergy over credible allegations that he abused three minors decades ago.The Kansas City Star reports that Kansas registration records now list Wisner's license as inactive, while Missouri's professional registration agency says Wisner's license has lapsed because it wasn't renewed. Kansas State Board of Healing Arts official Kathleen Selzler Lippert declined to say whether Wisner's license had been revoked. The board's website doesn't show disciplinary records involving Wisner. The Missouri agency's spokeswoman, Lori Croy, says Wisner's license wasn't revoked.

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2 Die After Driver Crashes into Tree in Kansas City, Kansas

KANSAS CITY, Kan. (AP) — Authorities say two people have been killed in a crash in Kansas City, Kansas.  KMBC-TV reports that it happened around 2:40 am Tuesday when a driver lost control, went off the side of a road and hit a tree. The driver and his female passenger died at the scene. Both of them were in their 30s.  Police say speed may have been a factor.

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Man in His 50s Dies in Suburban Kansas City House Fire

MISSION HILLS, Kan. (AP) — Authorities say a man in his 50s has died in a fire in a suburban Kansas City home.  The Kansas City Star reports that Johnson County Consolidated Fire District No. 2 says the fire broke out early Tuesday in Mission Hills, Kansas. Chief Tony Lopez says the man's mother was able to escape the blaze and seek help from a neighbor.  The mother told fire officials that she was in her second floor bedroom when she heard a smoke alarm. When she went downstairs to the main level of the home, she saw her son in the burning living room. She tried to put out the fire using a coat but was forced back by the heat.  The victim's name wasn't immediately released. The fire is under investigation.

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Coalition Working to Address Climate Change in KC Area

KANSAS CITY, Mo. (AP) — The Kansas City region could see severe impact from global warning, and a coalition of leaders from throughout the region is trying to address the issue proactively.  The Kansas City Star reports that after an international group of scientists issued a climate report in October, Shawnee, Kansas, Councilwoman Lindsey Constance teamed up with officials in Roeland Park, Kansas, for a December workshop.  The workshop transformed into the Metro KC Climate Action Coalition.  The Weather Channel has ranked Kansas City fifth of 25 U.S. cities most likely to be affected by climate change, potentially facing higher temperatures as well as both extreme drought and heavier rains.

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