STATE EX REL. STEPHAN v. SMITH

No. 60,643

242 Kan. 336 (1987)

747 P.2d 816

STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, Attorney General, Petitioner, v. THE HONORABLE JAMES J. SMITH and THE HONORABLE PHILLIP M. FROMME, Respondents.

Supreme Court of Kansas.

Opinion filed December 15, 1987.


Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, argued the cause, and John W. Campbell, deputy attorney general, and Wm. Scott Hesse, assistant attorney general, were with him for the petitioner.

Max W. Foust, of Morris and Foust, of Kansas City, Missouri, argued the cause, and Stephen J. Smith, of Helbert, Bell & Smith, of Burlington, and Steven D. Steinhilber, of Morris and Foust, of Kansas City, Missouri, were with him for the respondents. James J. Smith, district judge, Fourth Judicial District, appeared in person.

Orville J. Cole, of Cole & Doering, of Garnett, argued the cause pro se.

Joseph G. Herold, of Osage City, for amicus curiae Joseph G. Herold.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for amicus curiae Kansas Bar Association.

Clyde W. Toland, of Toland & Thompson, of Iola, and R. Kent Pringle, of Coombs, Pringle & Horn, of Chanute, for amicus curiae Southeast Kansas Bar Association.

Edward G. Collister, Jr., of Lawrence, for amicus curiae Douglas County Bar Association.


The opinion of the court was delivered by

MILLER, J.:

This is an original action in mandamus, brought by the attorney general against two judges, the Honorable James J. Smith, of Garnett, a district judge of the Fourth Judicial District, and the Honorable Phillip M. Fromme, of Burlington, a district magistrate judge of the Fourth Judicial District. At issue is an order entered by Judge Smith on March 5, 1987, establishing...

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