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Chief justice reinstates additional statutory deadlines and time limitations beginning August 2

06 Jul 2021 12:28 PM | Amanda Kohlman (Administrator)

TOPEKA—Chief Justice Marla Luckert today signed an order that reinstates additional statutory deadlines and time limitations for court proceedings beginning August 2.

"Kansas courts continue to hear many cases by videoconference, and public health trends are reassuring that courts can conduct required in-person proceedings by following health protocols suitable for their location," Luckert said. "Both factors influenced my decision to reinstate additional statutory deadlines and time requirements."

In March, Luckert signed Administrative Order 2021-PR-020 reinstating most statutory deadlines and time limitations effective April 15, but a few remained suspended. Also in March, Luckert issued orders that authorized courts to continue to use two-way audio-visual communication for many proceedings. Today’s order does not affect that authorization.

Today’s order

Administrative Order 2021-PR-100 signed today reinstates the following deadlines and time limitations effective August 2:

  • statutory trial and hearing deadlines under K.S.A. 22-4303 in the Uniform Mandatory Disposition of Detainers Act;
  • time requirements for filing actions under K.S.A. 60-1501 and K.S.A. 60-1507; and
  • time requirements for a defendant's appearance in limited action cases under K.S.A. 61-3002(b).

Speedy trial statute

During the 2021 session, the Kansas Legislature passed House Bill 2078, which temporarily suspends provisions in K.S.A. 22-3402, the speedy trial statute in the Kansas Code of Criminal Procedure. The bill was requested by the Kansas County and District Attorneys Association, and it became effective on its
March 31 publication in the Kansas Register. 2021-PR-100 does not impact suspensions under K.S.A. 22-3402.

Calculating time when suspensions lift

K.S.A. 20-172, as amended by 2021 House Bill 2227, includes a provision that explains how to calculate deadlines and time limitations when suspensions lift.

For a deadline or time limitation that was suspended because of an order issued by the chief justice, on the date the order terminates, a person has the same number of days to comply with the deadline or time limitation as the person had when the deadline or time limitation was suspended.

For a deadline or time limitation that did not begin to run because of an order issued by the chief justice, on the date the order terminates, a person has the full period provided by law to comply with the deadline or time limitation.

Background

Luckert’s action to reinstate more statutory deadlines and time limitations on August 2 impacts several administrative orders entered under 2020 House Substitute for Senate Bill 102 and the Legislature's later amendments to K.S.A. 20-172.

The Legislature authorized the chief justice to enter certain orders during any state of disaster emergency upon a finding that the orders are necessary to secure the health and safety of court users, staff, and judicial officers. These orders can remain in effect for up to 150 days after the state of disaster emergency ends.

Current court operations

District and appellate courts are operating under health and safety protocols that reflect local health conditions as required by Administrative Order 2021-PR-048.

Courts continue to offer many services remotely, including hearings. Courts also have adopted procedures to provide remote access to hearings and services by attorneys and self-represented parties. Providing remote services and hearings promotes safety and allows for expedient case processing.

 


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