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STEPHENS v. VAN ARSDALE

No. 51,405

227 Kan. 676 (1980)

608 P.2d 972

KENNETH F. STEPHENS and THE WICHITA EAGLE AND BEACON PUBLISHING CO., INC., Plaintiffs, v. DOROTHY I. VAN ARSDALE, Clerk, Sedgwick County District Court, Defendant.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Gerrit H. Wormhoudt, of Wichita, argued the cause, and Donald R. Newkirk, of Wichita, was with him on the briefs for the plaintiffs.

Janet A. Chubb, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for the defendant.

Ward P. Ferguson, of McPherson, argued and was on the brief amicus curiae.

W.Y. Chalfant, of Branine, Chalfant, and Hyter, of Hutchinson, was on the brief amicus curiae for The Hutchinson Publishing Company, d/b/a The Hutchinson News.

Michael W. Merriam, of Colmery, McClure, Funk, Letourneau, and Entz, of Topeka, was on the brief amicus curiae for Stauffer Communications, Inc.

The opinion of the court was delivered by

PRAGER, J.:

This is an original proceeding in mandamus against Dorothy I. Van Arsdale in her official capacity as Clerk of the District Court of Sedgwick County, Kansas, which arose from her denial to plaintiffs of access to certain court files of criminal proceedings. Access to the court files was denied on the ground that K.S.A. 1979 Supp. 22-4712 and K.S.A. 1979 Supp. 21-4619 prohibited their disclosure to these...

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