Issue FIV

The President’s Corner

in this issue >>>

By Sara Javier Hello all! First off, I would like to thank you all for being so patient with me on the timeline of these newsletters. Greg Nickel always did a fantastic job getting these out in a timely matter and all I can do is be more like him.

This first quarter newsletter is a bit dated, but none the less has some humorous articles as well as the Board’s meeting minutes from our Board meeting in January. I’ve received a few inquiries about our conference in the fall, YES! We are having an in-person conference! WOO HOO!! The dates are September 30 – October 1, 2021 in Lawrence, KS. Information about the Fall conference will be in the next newsletter as well as sent out in our listserv. I know Christina Lucas, our Vice- President and the Education Committee have worked very hard to make this conference a special one considering it is our 35th Year Anniversary! How exciting is that?! Which reminds me, Candy Westhoff, our Historian, is working on a big project for our anniversary and she needs your help! If you could, send her individual photos (waist up) of you and your clerks to candykansas@yahoo.com. Candy will also accept small group shots but if the group is larger then 6 please split the group so we can see the individuals. Also, please clearly identify each person the photo so she can make sure she has the correct names with each picture. I can’t wait to see all of you in Lawrence!

Volume 101 2021 - 1st Quarter

The K.A.C.M. Docket

KACM Board of Directors

President Sara Javier, Maize

Vice President

Christina Lucas, Pittsburg

Secretary Nicole Armstrong, Lenexa

Treasurer

Deana Scott, Prairie Village

Sergeant of Arms

KACM Board of Trustees Candy Westoff, Girard Diane Clay, Fort Scott

Traci Dockery, Basehor Bre Walker, Mulvane

Past President Katie Marcum

Alternate Trustees

Lisa Petersen, Newton Leann Johnson, Abilene

Legislative Update

Legal Terminology

KACM Blackboard

Traffic Court via Zoom Article

KACM Board Minutes

KACM Mentoring Program

Board of Directors

2021 Conference Dates

KACM Facebook Page

Driving While Suspended because they were suspended due to failure to comply, their DL will not be suspended another 90 days. For court operations, fines and court costs can be waived or modified if paying the amount would impose a manifest hardship. HB2078- Suspended speedy trial rights until May 1, 2023. HB2227- Allows the chief justice, during a disaster emergency, to suspend deadlines and time

The legislature is adjourned until January 10, 2022. There were very few bills passed that will impact municipal court operations. SB127- Removed the $25 fee to apply for a restricted DL. If someone is convicted of

Spotlight in Legal Terminology>>>

A fortiori A for∙ti∙o∙ri | \ā-fȯr-shē-ȯr-ī A Latin term meaning literally ‘from [the] stronger’. Translated into English and used in the particular context of legal writing, the term often means ‘from [the] stronger [argument]’. If a particular fact is true, then one can infer that a second fact is also true.

Candy Westoff has done a fantastic 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.” If the witness had been present at the scene of the crime, then a fortiori he must have heard the shot. Source: www.merriam-webster.com; www.law.cornell.edu; and www.uscourts.gov

Legislative Update By Nicole Armstrong

limitations, and to authorize use of two-way electronic audio-visual communication. The Kansas Supreme Court issued administrative orders that impact municipal courts. Administrative Order 2021-PR-022 authorizes two-way audio-visual communication in any municipal court proceeding. Administrative Order 2021-PR-020 reinstated most time limitations and deadlines for court proceedings, effective April 15, 2021. This does not include statutory speedy trial deadlines. That issue was addressed in HB2078.

KACM Blackboard

City of Lenexa >>>

We are always 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…please email a Board Member and we will make sure your news is shared.

Denise Kilwein Announces Retirement Denise Kilwein, director of judicial education in the Office of Judicial Administration, announced she will retire March 5. Denise started with the Office of Judicial Administration in 1982, after she received her master’s degree in judicial administration from the University of Denver. Initially she worked as a research assistant before she advanced to director of judicial education in 1988. During her 39 years with the Kansas judicial branch, Denise has been among the first points of contact in the Office of Judicial Administration for new judges, as she would arrange for them to participate in new judge orientation. She has worked closely with the Judicial Education Advisory Committee to help plan and organize education and training programs for appellate judges, district judges, and district magistrate judges. Denise has also worked closely with the Municipal Court Judges Education Committee and Municipal Court Clerks Education Committee to plan and organize training for municipal judges and court clerks. She also connects magistrate judges who are not attorneys with the District Magistrate Judges Certification Committee, which delivers education and administers a certification exam these judges must pass within 18 months of their swearing in. KACM sent her a bouqet of flowers, gift card and a blanket with a bunch of pictures from past KACM Conferences. Denise was “blown away by your kindness and well wishes”. She will miss all of us and plans to pop-in for our Fall Conference in Lawrence.

Linda Engel has retired from the City of Oakley. She had been a member of KACM for 18 years and was our current Sergeant At Arms. She says she plans to spend her retirement in her backyard and with her grandkids. We will miss her dearly!

Linda Engel: KACM’sSergeant At Arms

Please join me in congratulating Gwen on her upcoming retirement! She is retiring after 20 years of service at Lenexa Municipal Court! Words cannot express the impact she’s had on her co-workers, the department, outside agencies, and other courts. She’s been a leader in so many ways- customer service, teamwork, vision, dedication, training, positive attitude, implementing new processes, and technical skills. Just to name a few! Gwen has continuously demonstrated exceptional commitment to serving the organization and has been an integral part of Lenexa Municipal Court for the last 20 years. She is leaving a legacy and a great path for Municipal Court to keep moving forward into the future. We are so excited and happy for Gwen, and wish her all the best in this next chapter! Gwen’s last day at Lenexa Municipal Court will be April 23rd. There will not be a formal reception, so please send congrats and well wishes to: Gwen Lewis-Jones Lenexa Municipal Court 12400 W. 87th St. Pkwy Lenexa, KS 66215 glewisjones@lenexa.com

So, Uh, A Plastic Surgeon Logged Into Traffic Court Via Zoom While Operating On A Patient

"I'm available for trial. Go right ahead."

Salvador Hernandez BuzzFeed News Reporter Posted on February 26, 2021, at 7:23 p.m. ET

A plastic surgeon in California logged into his traffic court hearing via Zoom while in the middle of a surgery, prompting a frazzled judge to reschedule for another day when there wasn't a patient on the operating table.

At least twice in a video recording of the hearing, Dr. Scott Green tries to assure the court in Sacramento that he is willing and able to go ahead with it despite the fact that he is in the middle of a surgery, with operating lights beaming, medical equipment beeping, and other medical personnel in blue scrubs milling around the room.

When the courtroom's clerk asks Green if he is available for the hearing, he replies, "I am, sir. I'm in an operating room. I'm available for trial. Go right ahead."

The bizarre exchange on Thursday was first reported by the Sacramento Bee, which posted a video of the livestreamed hearing.

Because of social distancing measures enacted across the country to reduce the spread of the coronavirus, courts have made use of videoconferencing calls to handle cases. That has led to odd, comical, and, at times, inappropriate exchanges in the halls of justice. One of the most famous instances occurred earlier this month when an attorney appeared on Zoom for a hearing as a cat after he was unable to remove a filter. Last year in April, a Florida judge issued a stern warning to lawyers after he said some of them were appearing shirtless, in bed, or poolside during court hearings.

But on Thursday, Green's virtual appearance in court with a patient laid out on an operating table just out of view drew concern from Sacramento Superior Court Commissioner Gary Link.

Wow! It seems like we all have our own funny experiences with using Zoom either in Court or for meeting! But I think this one tops the cake!

"Unless I'm mistaken, I'm seeing a defendant that is in the middle of an operating room appearing to be actively engaged in providing services to a patient," Link said. "Is that correct, Mr. Green? Or should I say Dr. Green?"

"Yes, sir," Green responded as medical equipment whirled and beeped in the background.

"I do not feel comfortable for the welfare of a patient, if you're in the process of operating, that I could put on a trial, notwithstanding the fact that the officer is here today," Link said.

However, Green assured the court that he was willing to proceed.

"I have another surgeon right here with me who is doing the surgery with me, so I can stand here and allow them to do the surgery also," Green insisted.

"Not at all. I don't think so," the judge responded. "I don't think that's appropriate. I'm going to come up with a different date when you're not actively involved or participating in attending to the needs of a patient."

Link set up a new date for the trial, but the hearing also caught the attention of the Medical Board of California, which told BuzzFeed News it is reviewing the incident.

"The Medical Board of California (Board) expects physicians to follow the standard of care when treating their patients," a spokesperson said. "The Board is aware of this incident and will be looking into it, as it does with all complaints it receives."

According to a website for his clinic, Green is a certified plastic surgeon with offices in Sacramento and Granite Bay, and he offers in-person or virtual consultations.

He did not immediately respond to BuzzFeed News' requests for comment.

Kansas Association for Court Management

Board of Directors Meeting

Meeting Minutes January 29, 2021

Call to Order The regular meeting of the Kansas Association for Court Management was called to order at 10:08 a.m. on January 29, 2021, held via ZOOM, by President Sara Javier.

Roll Call Voting members and trustees present:

• Sara Javier, President (Maize) • Christina Lucas, Vice President (Pittsburg) • Nicole Armstrong, Secretary (Lenexa) • Deana Scott, Treasurer (Prairie Village)

• Katie Marcum, Trustee / Past President (South Hutchinson) • Diane Clay, Trustee (Fort Scott) • Gwen Lewis-Jones, Trustee (Lenexa) • Bre Walker, Trustee (Mulvane) • Lisa Petersen, Alt. Trustee (Newton) • Leann Johnson, Alt Trustee (Abilene)

Voting members and trustees not present:

• Linda Engel, Sergeant at Arms (Oakley)

• Traci Dockery, Trustee (Basehor) • Candy Westhoff, Trustee (Girard)

Also present:

• Kim Everley, Courtesy Committee Chair (McLouth) • Bettina Jamerson, Hospitality Committee Chair (Shawnee) • Amy Spitler, Promotion / Sales Committee Chair (Hutchinson)

Adopt Agenda There were no changes to the agenda. Approve Meeting Minutes Katie made a motion to approve, with spelling corrections, the meeting minutes from the October 2, 2020, Annual Business Meeting and from the October 2, 2020, Board of Director’s Meeting. Diane seconded the motion. The minutes of the October 2, 2020, Annual Business Meeting and October 2, 2020, Board of Director’s Meeting were unanimously approved, with the spelling corrections.

KACM Board Minutes

Treasurer’s Report Deana reported that as of January 29, 2021, the balance was $28,283.80. General fund balance of $23,524.19 and scholarship fund balance of $4,759.61. Expected expenses are $362.89 and expected deposits are $1,900. Therefore total expected balance is $29,820.91. Deana reported there are 104 paid members. Christina made a motion to approve the treasurer’s report; Katie seconded the motion. The treasurer’s report was unanimously approved as submitted. Correspondence None Committee Reports Ambassador: Traci Dockery- Not present. No report. Courtesy: Kim Everley- Nothing new to report. Education: Christina Lucas- The committee is working on 2021 Conference, KACM’s 35th Anniversary, which will be held in Lawrence, assuming an in-person conference is possible. If not, the conference will be virtual. Speaker ideas- decriminalizing marijuana, cycle of poverty, mental health co-responders, CBK & Set Off, house arrest options, and drug testing options. Historian: Candy Westhoff- Not present. She will be sending emails asking for pictures. Hospitality: Bettina Jamerson- Welcomed Lisa Petersen to the committee. They will have hospitality at the OJA Conference on Thursday March 4. It will be a virtual hospitality event. Legislative: Nicole Armstrong- Welcomed Leann to the committee. The state legislative sessions started this month. There have been several bills that could impact municipal courts: increasing the felony threshold for property crimes, noting the DL reinstatement fee is to be assessed per case, and adding municipal court employees to those allowed to remove home and property ownership records from public websites. Manual: OJA Education Committee Member- Deana shared that the committee continues to review and update the manual. This has been put on the back burner due to COVID19. Membership: Traci Dockery- Not present. Deana reported that there are 104 paid members, 6 of whom are new members. Newsletter: Sara Javier- The next newsletter will be coming soon. Past President: Katie Marcum- Nothing to report. Promotion / Sales: Amy Spitler (Hutchinson)- Discussed the cost and time required to ship items. Discussed the idea to have a packing party to assist with the packing and delivery of items. Discussed doing something special for KACM’s 35th Anniversary. If the conference is virtual, really need to consider mailing a gift to members.

Scholarship: Cathy Schroeder (Goddard)- Not present. Nicole shared that Jennifer Keller (Lenexa) joined the committee. Old Business None New Business 2021 KACM Conference- The conference is slated to be held Thursday September 30 and Friday October 1 in Lawrence at the Oread Hotel. If it’s not possible to host an in-person conference, it will be moved virtual. Leann asked if it’s possible to offer both an in-person and virtual option? The Education Committee will see what options exist and will discuss further. Next KACM Board Meeting- The next Board meeting will be Friday March 12, 2021, at noon, via ZOOM. Adjournment Nicole made a motion to adjourn the meeting; Deana seconded the motion. Meeting was adjourned at 10:44 a.m. by President Javier. Minutes submitted by: Nicole Armstrong, 2/3/2021

The purpose of the KACM Mentoring Program is to pair experienced court staff with other court professionals to enhance the Mentee’s professional and personal development. The Mentor will guide, support, answer questions, and share experience with the Mentee through a one-on-one relationship. The official program lasts one year, with the requirement of four in-person contacts. The hope is that the relationship will last a lifetime.

Benefits to Mentee • Guidance from another court professional • Feedback on skills • Increased career satisfaction • Increased career growth and professional

development • Have a sounding-board and confidante

Role of the Mentee Foster a positive and honest relationship Actively participate in the program and meetings Be open to learning new ideas, hearing new perspectives, and receiving feedback Perform a self-assessment: What skills do you want to acquire? Where do you want to go with your career? Commit time to work on goals and reflect on conversations Role of Mentor Provide confidential assistance to Mentee Allow Mentee to discuss work-related issues Provide Mentee assistance outside of their chain of command Facilitate Mentee’s growth by sharing resources, experiences, and feedback Challenge the Mentee to move out of his or her comfort zone Coach in particular skills or areas Focus on the Mentee’s professional development Foster a positive and honest relationship Actively participate in the program and meetings Who can be a mentor? Anyone who has a sincere desire to mentor and can commit to a one-year mentoring relationship. Have you solved problems? Have you had experiences? Do you have a point of view or a perspective? Have you had conflict with co-workers or a boss, wanted to make changes in your department or city, or worked toward a promotion?

KACM Mentoring Program

Benefits to Mentor • Personal satisfaction • Learn from Mentee • Review strengths and weakness • Increased career satisfaction

KACM Ambassadors Traci Dockery, Chair Region Ambassadors: Traci Dockery, Basehor, traci.kacm@gmail.com Candy Westoff, Girard, candykansas@yahoo.com

Our Goals • 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

To find out more about KACM visit our website at www.ksmunicipalcourts.com.

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KACM Board of Directors

Top Left to Right: Katie Marcum (Trustee/Past President), Sara Javier (President), Deana Scott (Treasurer), Traci Dockery (Trustee). Middle Left to Right: Greg Nickel (Past President), Christina Lucas (Vice President), Kim Everley (Committee Member), Bettina Jamerson (Committee Member). Bottom Left to Right: Leann Johnson (Trustee), Nicole Armstrong (Secretary). Not Pictured: Linda Engel (Sergeant at Arms), Candy Westoff (Trustee), Diane Clay (Trustee), Gwen Lewis-Jones (Trustee), Bre Walker (Trustee), Lisa Petersen (Trustee)

Committee Chairs: Ambassador – Traci Dockery (Basehor) Courtesy – Kim Everley (McLouth) Education – Christina Lucas (Pittsburg) Historian – Candy Westoff (Girard) Hospitality – Bettina Jamerson (Shawnee) Legislative – Nicole Armstrong (Lenexa) Membership – Traci Dockery (Basehor) Newsletter – Sara Javier (Maize) Past Presidents – Katie Marcum (South Hutchinson) Promotion – Amy Spitler (Hutchinson) Scholarship – Cathy Schroeder (Goddard)

Upcoming Dates:

Fall Conference September 30 – October 1, 2021

Lawrence, KS

Spring Conference

New Clerk Orientation: March 3, 2022 Wichita, KS

Court Clerks Conference:

March 4, 2022 Wichita, KS