K A C M

The K.A.C.M. Docket

Volume 89 January, 2018

KACM Board of Directors

President Greg Nickel

Newton

Vice President Katie Marcum

South Hutchinson

Secretary Sara Javier

Maize

Treasurer Deana Scott

Prairie Village

Sergeant of Arms Linda Engel

Oakley

KACM Board of Trustees Candy Westhoff, Girard Ellen Harper, Bronson Diane Clay, Fort Scott

Traci Dockery, Basehor Amy Spitler, Hutchinson

Gwen Lewis-Jones, Lenexa

Past President Amy Spitler, Hutchinson

Alternate Trustees

Jessica Chilcote, Haysville Christina Lucas, Pittsburg

INSIDE THIS ISSUE

President’s Corner .............. 1 Legislative Update ............... 2 Miranda Rights .................... 3 Driver Solutions ................... 4 Membership......................... 4 Charleston Jail Initiative ...... 5 Ambassador ........................ 5 KACM Blackboard ............... 5 Driver Solutions ................... 6 Membership......................... 6 ............................................ 13 Minutes ................................ 14

THE PRESIDENT’S CORNER By Greg Nickel

Greetings! I hope you all have a great 2018. Did you know that 41% of Americans make new year’s resolutions, but only 9% report success in keeping them? If you made a resolution, I hope you do well! The year will be crazy in my office as half will be on maternity leave at the SAME TIME! The old proverb comes to mind: “may you live in interesting times. It will certainly be interesting and full of new excitement. We’ll be scrambling, but I am thrilled for them. I am looking forward to what this year will bring for municipal courts. We’ve already had an interesting ruling on PBT laws, which Nicole reports on in her legislative report (page 2). The Judges are working with the Supreme Court on questions relating to constitutionally appropriate bond practices, especially in light of recent lawsuits and notices from the federal government. We will keep an eye on this and keep an open mind to making changes if needed. I am looking forward to our two 2018 conferences. You should have already received registration information from OJA. It was sent by email to your court’s central email address. Remember, they no longer mail paper notices and will ONLY send it to a central court email (example: Court@MyCity.com). The spring conference is around the corner in Wichita, March 9th. The Fall conference will be in Overland Park, Sept 27th-28th. It will be held in the Marriott, a large hotel with plenty of rooms so there will be no concern for space. Have a good year! Greg Nickel, President

VOLUME 88 THE K.A.C.M. DOCKET PAGE 2

Legislative Committee By Nicole Armstrong (Lenexa) The Legislature returned to session on January 8. I will be monitoring various websites and talking with multiple agencies to keep as up-to-date as possible regarding proposed bills that may impact Municipal Court. Below are reminders, misc. legal updates, and active bills. Annual ADSAP report due to OJA The annual Alcohol and Drug Safety Action Program (ADSAP) statement of assessments and expenditures form for calendar year 2017 is due January 22. A reminder and a blank form was emailed to all municipal courts in December. Please contact the Office of Judicial Administration (OJA) if there are questions: Ashley Michaelis, 785.296.2256 or michaelis@kscourts.org. Driver’s License Reinstatement Fee and Judicial Branch Surcharge Effective July 1, 2018, the DL reinstatement fee will increase to $100. The current fee is $59. The surcharge will remain at $22. The total amount assessed will be $122. For details see 2017 HB 2041 and Supreme Court Order 2017 SC 65. Supreme Court Committee to review municipal court practices. An ad hoc committee was appointed by the Kansas Supreme Court in September 2017. The purpose of the committee is to review bonding practices, fines, and fees across the state and compile a best practices model. A survey was emailed to all municipal courts in November to assist the committee with gathering information. The survey included questions about bonding practices, fines and fees assessment, methods to enforce monetary penalties, and indigence. See the press release for more information.

Ruling on Preliminary Breath Tests The Kansas Court of Appeals recently ruled on a case that will impact municipal courts. In State v. Robinson, the Court of Appeals found K.S.A. 8-1012 unconstitutional because it “criminalizes a person’s right to withdraw his or her consent to a warrantless search.” K.S.A. 8-1012 is identical to Section 30.2 of the STO, Preliminary Screening Test. Your city’s judge and Legal Department have likely discussed how to proceed in light of this ruling. http://www.kscourts.org/Cases-and-Opinions/opinions/CtApp/2017/20171222/116872.pdf 2016 DOJ memo rescinded The Department of Justice memo issued in March 2016 regarding municipal court practices has been rescinded by Attorney General Jeff Sessions. https://www.justice.gov/opa/pr/attorney-general-jeff-sessions-rescinds-25-guidance-documents Active bills SB268- Access to expunged records: This bill would allow access to expunged records for applicants for insurance agents.

HB2443- Crime of abandoning a firearm: This bill would create a Class C misdemeanor for abandoning a firearm in a public place that is accessible to others.

SB274- Traffic infraction of negligent driving: This bill would create a traffic infraction for engaging in activity that interferes with the safe control and operation of a vehicle.

SB272- Passing waste collectors on the roadways: This bill would add waste collectors to the vehicles drivers shall yield to.

HB2459- Asset seizure and forfeiture: This bill would create a central repository (KBI) for the reporting of asset seizure and forfeiture.

SB297- Notice to driver before testing for alcohol: This bill would revise the notice provided to a driver before conducting tests to determine the presence of alcohol or drugs.

VOLUME 88 THE K.A.C.M. DOCKET PAGE 3

A Miranda Primer & Kids

In a recent Newton Municipal Court trial, a defendant accused of driving while habitual defended herself with what she thought would be the final word in a death blow to the prosecution: “They never read me my rights.” Like many Americans, her understanding of the courtroom comes from too much T.V. and not enough reality. Not reading the Miranda rights was not enough to save her from her fate. Her day didn’t get any better after being found guilty – she left her DWH trial, walked out the door, and jumped behind the wheel to DRIVE home not realizing an officer was watching the whole time. She will be coming back again! Pop culture knowledge of Miranda is woefully lacking. Miranda deals solely with custodial interrogations. If a person isn’t in custody, it doesn’t apply. That is to say, if an officer isn’t asking them to say anything that might be used in court, telling them they have a right to remain silent isn’t relevant. If the officer isn’t asking for incriminating statements, there is no reason to tell the person that their statement may be used against them. In the DWH example, after the officer observed her driving and inspected her license, the officer didn’t need to interrogate her. What about Juveniles? When Miranda is required, recent studies have found that juveniles often don’t understand the rights read by officers. Governing Magazine wrote a full article on the subject (web-link below). They cite a 2013 study by the American Academy of Child and Adolescent Psychiatry. Apparently, the standard script for reading the Miranda rights is “too complex and advanced” for kids. They suggest tagging on

some additional explanation like, “you don’t have to say anything. It’s OK if you don’t want to talk to me.” Even when kids understand their rights, they are easily pressured into answering questions. They can be easily “coerced.” This would invalidate the voluntary nature of their answers. Because of the constitutional right against self-incrimination, this can create problems in court and trigger motions to suppress. If you’ve watched the Netflix show, “Making a Murderer,” you’ve seen the true story documentary in which a 16-year old kid is coerced into giving a false confession. In it, the kid admits to being part of a heinous crime. If you haven’t watched the show, it is engaging and a nail-biter. Watch it. It illustrates the unique vulnerability of juveniles all too well. I won’t ruin the ending - the show will suck you in! Miranda has forever altered the criminal justice system. It is one of the most well-known elements of law enforcement, yet maybe the least understood and TV doesn’t help! Even those who are responsible for using it - judges, prosecutors, and officers - are still wrestling with the nuances of how to use it properly, especially with kids. Governing Magazine Citation: http://www.governing.com/topics/public-justice-safety/gov-miranda-rights-juveniles.html

KACM Facebook Page Candy had done a great job posting to our Facebook page. It is a private group so to join, you will have to send her a request to become a "friend" on Facebook and

then she can add you. She says that “you can ‘unfriend’ me after I add you and you'll still be a member of the KACM Facebook page.”

VOLUME 88 THE K.A.C.M. DOCKET PAGE 4

Driver Solutions News

Driver Solutions would like to take this opportunity to extend our gratitude and appreciation regarding our successful working partnership. We look forward to a new year filled with opportunities and challenges. An exciting change coming soon is the launch of our new KanLicense system. You will be notified of any impact the system change will have on your business process. Driver Solutions looks forward to sharing more about our processes with each of you, whether by webinar or CBT you may view at your leisure. Below is our Court Clerk e-mail and phone line. We encourage you to utilize them both. Thank you again for continuing to build our partnership and have a wonderful 2018!! For Clerks ONLY, NOT the public Court Clerk Phone Support line: 785-368-8902 (Mon-Fri; 8-5) Court Clerk Support e-mail: kdor_dscourt@ks.gov

Membership Committee Happy New Year KACM Family! With the new year upon us it is once again time to renew your membership and all renewals are due by March 1, 2018. Please remember to mail the payment to Deana Scott at the address on page one along with page two to ensure your courts membership is processed in a timely manner and all information is correct. Thank you Traci Dockery KACM Membership Chair

Spotlight on Legal Terminology

PREJUDICE \ˈprejədəs\ In modern culture, prejudice is pretty commonly used to describe a negative bias against someone. It is often synonymous with racism. In courtroom, the term has its own meaning – related, but different.

As a noun, it means: damage, detriment, disadvantage, harm, and hurt. As a verb, its synonyms include: affect detrimentally, cause damage to, cause detriment, cause pain, damage, demolish, destroy, devastate, disadvantage, disservice, exacerbate, harm, hurt, impair, inflict injury, maim, mar, play havoc with, ravage, ruin, spoil, taint, weaken, wound, wreck, wrong. Example #1: “I will grant this continuance as none of the parties are prejudiced.” Example #2: “Your Honor, setting the trial immediately would prejudice my client because we need more time to prepare a proper defense. Example #3: Hitler was prejudiced and caused prejudice.

(Citation: Legal-Dictionary.TheFreeDictionary.com)

VOLUME 88 THE K.A.C.M. DOCKET PAGE 5

Charleston Jail Initiative

With a $2 million grant and a lot of teamwork, the Charleston county jail has reduced admissions by 30% and its daily population by 10%. Their aim is “to reduce over-incarceration by changing the way America thinks about and uses jails.” Whether a person is passionate about lower taxes or social justice, working together on this problem makes a lot sense.

Their website* outlines the problem:

• There are nearly 12 million local jail admissions every year – almost 20 times the number of prison admissions, and equivalent to the populations of Los Angeles and New York combined.

• Three out five people in jail are legally presumed innocent, awaiting trial or resolution of their cases through plea negotiations and simply too poor to post even low bail.

• Nearly 75 percent of the population of both sentenced offenders and pretrial detainees are in jail for nonviolent offenses like traffic, property, drug, or public order violations.

• Jails take their greatest toll on low-income people and communities of color, as well as people struggling with mental health or substance abuse issues.

• From 1982 to 2011, cumulative expenditures related to building and running jails increased nearly 235 percent. Local jurisdictions now spend $22.2 billion annually on correctional institutions.

The Charleston approach begins at the time of arrest. If a person is inebriated or stoned, they provide the option of heading to a treatment center rather than jail. When the initial appearance comes, the court sends reminders by email, text, and phone. By cutting down on the number of FTA’s, they free up time the officers would spend searching for and arresting these people, save money on jail costs, and speed the time to disposition. Improvements don’t happen in isolation. Charleston’s efforts involve a collaboration of local chiefs of police, probation officers, private providers, local healthcare organizations, community activists, the private bar, victim advocates, federal law enforcement partners, state corrections, the local legislative delegation, municipal administrators and judges, circuit court judges, and local media.**

Some of these players are inherent adversaries, but on this issue, their goals frequently align. Victim advocates, for example, love to reduce delays caused by failed appearances. Warrant officers and court staff like to see fewer bench warrants to process.

(continued, next page)

$22 Billion

The local cost of jail annually in the US

VOLUME 88 THE K.A.C.M. DOCKET PAGE 6

At the end of their grant cycle, Charleston hopes to reduce the daily jail population by 25%. They are almost halfway there and their experiment may yield solutions that are useful across the country. * www.macfound.org/programs/criminal-justice/strategy ** www.safetyandjusticechallenge.org/challenge-site/charleston-county

Looking for Personal News. The only way we

know what is happening is if you let us know! If

you or a clerk from your city has news to share

with the rest of us. We want to know. This can be

news of retirement, new babies, marriage,

medical concerns… Anything.

Congratulations, Get Well Cards, Sympathy Cards…

KACM likes to congratulate people experiencing exciting life news. We also like to send cards to people when they find themselves in the hospital or in need of support. Please email Kim Everley (McLouth) with any news for yourself or a co-worker. If we don’t know about it, we can’t do anything! (clerk@cityofmclouth.org)

Ann Tabares (Emporia) retired on December

15, 2017 after 32 years of service. Ann sends

this message:

“We have not been to a lot of the conferences

but will miss the people I have met and know.

I wish you guys the very best in the future.”

Congratulations, Ann! We hope you enjoy

retirement and thank you for being part of

KACM these past years!

Goal: 25%

Reduction in Jail Population

Paula Morgan (Shawnee) has been recovering from a

car accident. We wish you all the best after this

traumatic experience! Paula sent this thank you note:

I want to thank KACM for the beautiful flower

arrangement sent to me during my recovery after the

auto accident. It was comforting to know so many

were praying for me.

I have had a speedy recovery and am already back to

work.

Thank you again for your thoughts and prayers, and

the beautiful flowers!

______________________________________

VOLUME 86 THE K.A.C.M. DOCKET PAGE 7

KACM Ambassadors Traci Dockery, Chair Region Ambassadors:

1. Linda Engel, Oakley, oakleyap@st-tel.net Margie Mickelson, Ellis, ellisclerk2@eaglecom.net 2. DeAnne Hoch, Ellsworth, ewspd1@ellsworthks.net Abby Hamilton, Manhattan, Hamilton@cityofmhk.com 3. Audra Harper, Paola, aharper@cityofpaola.com Vonnie Fisher, Fairway, vfisher@fairwaypd.org 4. Kelsey Holguin, Lewis, lewisclerk@gbta.net 5. Jo Johnson, Clearwater, johbj@clearwaterks.org Debbie Plew, Mulvane, dplew@mulvaneks.org 6. Candy Westoff, Girard, candykansas@yahoo.com Diane Clay, Fort Scott, dclay@fscity.org

Kansas Association of Court Management

Board of Directors Meeting

January 19, 2018 – 12:00 p.m.

Scotch and Sirloin 5325 E Kellogg Dr. Wichita, KS 67218

CALL TO ORDER AND ROLL CALL: The K.A.C.M. Board of Directors Meeting was held on Friday, January 19, 2018, at Scotch and Sirloin in Wichita, KS.

The meeting was called to order at 11:58 a.m. by President Greg Nickel, Newton.

Roll Call: Voting members present: Greg Nickel, Newton; Katie Marcum, South Hutchinson; Sara Javier, Maize; Deana

Scott, Prairie Village; Linda Engel, Oakley; Amy Spitler, Hutchinson; Candy Westhoff; Girard; Ellen Harper, Bronson;

Diane Clay, Fort Scott; Gwen Lewis-Jones, Lenexa. Absent: Traci Dockery, Basehor; Jessica Chilcote, Haysville;

Christina Lucas, Pittsburg. Also present: Bettina Jamerson, Shawnee; Nicole Armstrong, Lenexa.

There were no changes to the Agenda.

Minutes: After discussion of some minor changes to the minutes, Linda Engel, Oakley, made a motion to approve July

14, 2017 and October 6, 2017 Board Minutes and October 5, 2017 Annual Business Meeting Mintutes. Candy Westhoff,

Girard; seconded the motion. All voted unanimously.

VOLUME 86 THE K.A.C.M. DOCKET PAGE 8

Treasurer’s Report: Deana Scott stated the general fund balance as of January 18, 2018 has $17,352.25 and the

Scholarship fund has $4,747.84 totaling in $22,100.09. The only expected expense for January is the Board Meeting

Lunch.

There was some discussion about the hotel deposit for the Fall Conference in Overland Park but it was determined that we

have not received the paperwork from the hotel yet.

Amy Spitler, Hutchinson, made a motion to approve the Treasurer’s Report. Linda Engel, Oakley, seconded the motion.

All voted unanimously.

Correspondence: Deana Scott, Prairie Village, mentioned that she received a nice thank you note in a registration form

from Wanda Gabel, Ness City, telling the Board “Thank you for all you do!”

Candy Westhoff, Girard, Thanked the Board for the donation to the Humane Society instead of flowers for when her sister

passed.

Committee Reports

Ambassador – Traci Dockery (Basehor): Traci was absent but submitted the following report:

I have communicated with the region ambassadors regarding addressing questions on the listserv. We are

all keeping an eye on the site to ensure the questions have been answered or direct the question to

someone who may assist.

I did have a few ambassadors step down and I will be reaching out to clerks from the following regions:

Region #1- currently needs one more ambassador

Region #2-currently needs two ambassadors

Region #4-currently needs one more ambassador

Courtesy – Kim Everley (McLouth): Kim was absent but has reported sending flowers to 1) Melanie Hollabaugh, the

clerk in Highland, after her father-in-law’s passing; 2) Paula Morgan, a clerk in Shawnee, after a car accident.

Education – Katie Marcum (South Hutchinson): Katie reported that the planning for the Fall Conference is going

smoothly although she is having a hard time finding a keynote speaker but got a few ideas after the Education Committee

met. Deana will be helping with Thursday night’s entertainment. Everything is coming together.

Historian – Candy Westhoff (Girard): Candy reported that she will be starting to work on pictures at the Spring and

Fall Conferences. The pictures will go on Facebook along with the corresponding court. Greg thanked her for all of her

work on the KACM Facebook page.

Hospitality – Bettina Jamerson (Shawnee): Bettina asked the Board what we would like to see if the Education

Committee decided to have the Thursday night entertainment at the hotel instead of at a venue. She would like to be kept

in the loop once something is decided. She also stated that we will still have the hospitality open on Wednesday night.

Legislative – Nicole Armstong (Lenexa): Nicole wanted to remind everyone that the ADSAP report is due on January

22, 2018 to OJA. In addition, the Driver’s License Reinstatement Fee is increasing in July 2018. She also had information

on a few Bills such as SB268, HB2443, SB274, SB272, and HB2459 that will affect Municipal Courts if passed.

Manual – OJA Education Committee Member: OJA Committee Member reported that the manual is still being

updated. The manual will hopefully be easier to read and easy to navigate.

Membership Traci Dockery (Basehor): Traci was absent but submitted the following report: Renewals are

coming in and I will be updating the website as they arrive. First round came in just before court so I will be

working on updating that batch as soon as I complete the after-court process.

Deana added that there were 194 members registered.

VOLUME 86 THE K.A.C.M. DOCKET PAGE 9

Newsletter – Greg Nickel (Newton): Greg reported that the newsletter should be coming out at the end of the month.

Past President – Amy Spitler (Hutchinson): Amy reported that she will be putting a State of Officers together closer to

the Fall Conference.

Promotion/Sales – Amy Spitler (Hutchinson): Amy reported that she is still trying to find a good deal for a press. She

also received some “throwback” transfers from the lady who used to help her in the past. She is planning to have a

promotions table at the Spring Conference possibly in the hospitality room. Also, she asked if anybody had any ideas for

t-shirts to send them her way.

Scholarship – Sara Javier (Maize): Sara stated that there is nothing new to report at the time.

The Board took a short break at 12:34p.m.

The Board resumed at 12:44p.m.

Old Business

Role of Ambassadors: See Ambassador’s report.

Code of Ethics: tabled in October to allow additional time for the board to review it. Consider a possible motion: “The

KACM board resolves to support the principles of the NACM Code of Ethics (the “Model Code of Conduct for Court

Professionals”) and advises municipal court clerks to abide by those principles.”

There was discussion about requiring clerks to follow the NACM Code of Ethics versus advising.

The motion was revised to say, “The KACM board resolves to support the principles of the NACM Code of Ethics (the

“Model Code of Conduct for Court Professionals”).”

Linda Engel, Oakley, made a motion for The KACM board resolves to support the principles of the NACM Code of

Ethics (the “Model Code of Conduct for Court Professionals”). Katie Marcum, South Hutchinson, seconded the motion.

All voted unanimously.

2018 Fall Conference: see Education.

New Business:

Audit: Deana reported that everything checked out okay.

Set next K.A.C.M. Board Meeting. March 8, 2018 at 5:00 pm (after new clerk orientation) at the Wichita

Marriott, 9100 East Corporate Hills Drive, Wichita, KS will be the next Board Meeting.

Adjournment:

Amy Spitler, Hutchinson, made a motion to adjourn the Board Meeting. Katie Marcum, South Hutchinson, seconded. All

voted unanimously.

Meeting adjourned at 12:49 p.m.

Respectfully Submitted,

Sara A. Javier, K.A.C.M. Secretary

Maize

VOLUME 86 THE K.A.C.M. DOCKET PAGE 10

Our Goals Find out more about KACM on our website at www.ksmunicipalcourts.com, which includes a

listing of our goals as follows:

• Continuing education for Court Managers, Clerks, Administrators, and Assistants • Interaction between members with problem-solving ideas • Organization input into Legislation that will affect Municipal Courts • An organized voice to State agencies • Consistency within the Municipal Courts • Promoting public trust and confidence

KACM Board of Directors

Deana Scott (Treasurer), Linda Engel (Sergeant at Arms), Sara Javier (Secretary),

Greg Nickel (President), Katie Marcum (Vice President),

KACM Trustees

Diane Clay (Fort Scott), Ellen Harper (Bronson), Jess Chilcote (Haysville), Christina Lucas (Pittsburg),

Amy Spitler as Past President (Hutchinson), Candy Westhoff (Girard), Traci Dockery (Basehor). Not pictured: Gwen Lewis-Jones (Lenexa)

Committee Chairs: Ambassador.......... Traci Dockery (Basehor) Courtesy................ Kim Everley (McLouth) Education.............. Katie Marcum (South Hutchinson) Historian................ Candy Westhoff (Girard) Hospitality.............. Bettina Jamerson (Shawnee) Legislative.............. Nicole Armstrong (Lenexa) Membership........... Traci Dockery (Basehor) Newsletter............. Greg Nickel (Newton) Past Presidents..... Amy Spitler (Hutchinson) Promotion.............. Amy Spitler Scholarship........... Sara Javier (Maize)

VOLUME 86 THE K.A.C.M. DOCKET PAGE 11

KANSAS ASSOCIATION FOR COURT MANAGEMENT Newsletter Editor Greg Nickel 704 E 4th Newton, KS 67114

Visit our website at:

www.ksmunicipalcourts.com

Upcoming Dates:

Spring Conference Wichita

March 9, 2018

Fall Conference Overland Park

Sept 27-28, 2018