Steven C. Day , of Woodard, Hernandez, Roth & Day, LLC, of Wichita, and Amy S. Lemley , of Foulston Siefkin LLP, of Wichita, were on the brief for amicus curiae Kansas State Committee of the American College of Trial Lawyers.
Karen Michelle Donnelly of Copilevitz & Canter, LLC, of Kansas City, Missouri, Stephen Douglas Bonney , of ACLU Foundation of Kansas, of Kansas City, Missouri, and Micheline Z. Burger , of Longmont, Colorado, were on the brief for amicus curiae American Civil Liberties Union Foundation of Kansas.
The opinion of the court was delivered by ROSEN, J.:
In 1861, the people of the new State of Kansas adopted a constitution that assigned judicial power to a supreme court and to various lower courts:
"The judicial power of the State shall be vested in a supreme court, district courts, probate courts, justices of the peace, and such other...
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