Category Archives: A higher court

Former Sedgwick County judge in line for Kansas Supreme Court

Tom Malone, a former Wichita lawyer and Sedgwick County District judge, is among three finalists announced today for the Kansas Supreme Court.

Malone’s name was sent to Gov. Kathleen Sebilius, along with Overland Park attorney Dan Biles and Douglas County Chief District Judge Robert Fairchild. Sebelius will have 60 days to make her appointment.

Sebelius’ choice will fill the opening left by Chief Justice Kay McFarland, who is retiring after 31 years on the state’s highest court.

The replacement will serve as justice. Robert E. Davis will become chief justice as the next senior person on the current Kansas Supreme Court bench.

Malone practiced with the Wichita law firm of Redmond and Nazar from 1979 to 1990, when he was appointed to the Sedgwick County district bench. He served there until being appointed to the Kansas Court of Appeals in 2003.

Women judge Kansas appeals on anniversary of suffrage

From left: Melissa Taylor Standridge, Nancy Caplinger, Christel Marquardt

From left: the Hon. Melissa Taylor Standridge, Hon. Nancy Caplinger, Hon. Christel Marquardt

The judges say the date was merely a coincidence. But on the 88th anniversary of women gaining the right to vote in America, the first three-woman panel of the Kansas Court of Appeals convened today in Wichita.

Melissa Taylor Standridge, Nancy Caplinger and Christel E. Marquardt looked out in the gallery of lawyers waiting to argue their appeals and saw nothing but men.

“I said at the beginning this was an historic occasion, and I saw Christel out of the corner of my eye, thinking I was going to talk about her birthday,” joked Caplinger. “But this was the first time we’d had a three-woman panel of the Court of Appeals in Kansas, and we looked out and saw 13 men waiting to argue. How often does that happen?”

Not very often now. But it might have reminded Judge Marquardt of when she graduated Washburn Law School in 1974 and went to work as the only woman in private practice in Topeka.

“It’s like the end of a dream,” Marquardt said, “that we have a three-woman panel on the Court of Appeals. But it took too long to happen.”

Marquardt said the only difference in having three women on the panel, “When we get together, we can talk about things we wouldn’t ever do in front of the guys,” she said.

After they sat together for the first time in the second-floor courtroom at the historic federal courthouse in downtown Wichita, the city’s legal community marked the historic event with a reception at Bradley Fair.

On their journey, they’ve heard their colleagues on the Court of Appeals call them “girls.” And one nervous lawyer today addressed the judges as “ma’am.”

“Your honor” would be the appropriate term.

Even buildings under construction can be burglarized

Donald Storey took a band saw from construction site at Wesley Medicalstory.jpg Center but argued that he shouldn’t be convicted of burglary of a building, since the structure wasn’t finished.

Wrong, the Kansas Supreme Court ruled this morning. The Supreme Court upheld previous rulings by Sedgwick County District Judge Rebecca Pilshaw and the Court of Appeals, saying even though the building didn’t have doors, Storey still shouldn’t have gone in there without permission. He cut the lock box, took the band saw and put it in his trunk, before police arrested him at the scene.

“Under the facts of this case, an unfinished medical center consisting of a roof, a concrete floor, installed electrical work, and four brick walls with openings for yet-to-be-installed windows and doors constituted a building (under the law),” the court ruled.

Not everyone agreed.”Carried to the extreme, … the pouring of a concrete floor would be sufficient to make all property left on top of that floor amenable to a burglary,” Justice Lee Johnson wrote in a dissenting opinion.

Storey, 38, finished his sentence in December, but the felony conviction will increase his sentence if he’s convicted of future crimes.

Don’t lien on me

If you’re a contractor who wants to collect on a debt, you’d better include your address on the mechanic’s lien.

Douglas Buchanan of Wichita didn’t include his address on the mechanics lien, and the Kansas Court of Appeals reversed his case in a split decision. Two of the judges found in favor of homeowners Jerry and Carol Overley. The Overleys weren’t satisfied with Buchanan’s work and stopped paying him. Buchanan tried to collect on a debt of $49,285.63. But he didn’t include his address on his lien, as required by Kansas law.

“Kansas law demands strict compliance with the statutory requirements in order to perfect a mechanic’s lien,” judges Patrick McAnany and Michael Buser wrote in the opinion.

Judge Richard Greene didn’t agree. He pointed out Buchanan attached about 21 invoices to his lien, all of which had his address on them.

“I believe they have taken ‘strict compliance’ to a level never before required by our case law and beyond,” Greene said.