LEEK v. THEIS

No. 47,885

217 Kan. 277 (1975)

538 P.2d 1407

CAROLEE LEEK, Plaintiff, v. FRANKLIN RIDDLE THEIS, Defendant, STATE OF KANSAS, ex rel., CURT T. SCHNEIDER, Attorney General, Defendant-Intervenor.

Supreme Court of Kansas.

Opinion filed June 3, 1975.


Attorney(s) appearing for the Case

Charles N. Henson, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and was on the brief for the plaintiff.

Edward G. Collister, Jr., of Collister & Kampschroeder, of Lawrence, argued the cause, and was on the brief for the defendant.

John R. Martin, assistant attorney general, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the defendant-intervenor.

Robert A. Coldsnow, of Topeka, was on the brief amici curiae, for Kansas Senate, Kansas House of Representatives and Kansas Legislative Coordinating Council.

F.G. Manzanares, of Topeka, was on the brief amicus curiae, for Arthur R. Diaz.

Jim J. Marquez and Robert A. Olsen, were on the brief amicus curiae, for Office of the Governor.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an original action in quo warranto to test the constitutional validity of K.S.A. 22-3707 which provides in part that members of the Kansas adult authority "be appointed by the governor with the advice and consent of the senate."

In this contest between rival claimants for a position of membership on the Kansas adult authority, the defendant has challenged the act on several constitutional...

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