Saturday, February 12, 2005

Legal advice?

Kansas Attorney General's summary of KOMA:
B. Procedure
1. County/district attorney and attorney general have concurrent jurisdiction to investigate or bring an action. K.S.A. 75-4320
a. Policy of attorney general's office to first refer an alleged violation to the county/district attorney, the local law enforcement officer for the state. The decision to investigate or prosecute is discretionary on the part of the prosecutor.
b. County/district attorney and attorney general can issue investigative subpoenas. K.S.A. 75-4320b.
c. If an individual wishes to bring a possible KOMA violation to the Attorney General's attention, the Attorney General's office traditionally asks that a complaint be submitted in writing, with as much supporting documentation (i.e. minutes) as possible.
2. Burden of Proof: Plaintiff has the initial burden to show a prima facie case. Burden then shifts to the defendant to justify its actions. K.S.A. 75-4320a(b)
3. Plaintiff may receive court costs if violation established. Defendant may receive costs only if action was frivolous. K.S.A. 75-4320a(c) and (d)
4. No requirement of specific intent to violate the law. “Knowing” violation occurs when there is purposeful commission of the prohibited acts. Palmgren, 231 Kan. at 536-37
5. Venue is proper in the county where the action occurred. K.S.A. 75-4320a(a)
6. Courts are to give KOMA cases precedence. K.S.A. 75-4320a(e)
C. Other Consequences
1. Violation of the KOMA can be grounds for ouster from office pursuant to K.S.A. 60-1205; AG Opin. No. 80-168. This is a separate action which must be filed by a public prosecutor
2. Alleged violation of the KOMA can be grounds for recall. Unger v. Horn, 240 Kan. 740 (1987); K.S.A. 25-4301 et seq.
3. Ouster or recall not automatic - these actions must be pursued separately.

How does one call for ouster or recall?

Since the AG is a party to the complaint, who should a complaint be filed with? Shawnee County Attorney?

I've emailed the AG's communications director with a general complaint and request for investigation, but I imagine a formal complaint would be on paper and filed with the civil division. Any lawyers want to weigh in?