Appellate Decisions
| Publication year | 2018 |
| Pages | 56 |
| Citation | Vol. 87 No. 5 Pg. 56 |
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Supreme Court
Attorney Discipline
ORDER OF DISBARMENT IN THE MATTER OF JUSTIN K. HOLSTIN NO. 20,382—MARCH 20, 2018
FACTS: In a letter signed March 14, 2018, Justin K. Hols-tin, an attorney licensed to practice law in Kansas, voluntarily surrendered his license. At the time of surrender, there was a complaint pending alleging several violations of the Kansas Rules of Professional Conduct. Holstin had been through a hearing panel proceeding, where panel members became concerned that Holstin was under the influence of alcohol. Testing confirmed the presence of alcohol on Holstin's breath. At the time of surrender, Holstin's license was temporarily suspended.
HELD: The court accepted the surrender from Holstin, and he is disbarred.
Judicial Qualification
IN THE MATTER OF LINDA S. TRIGG, DISTRICT MAGISTRATE JUDGE NO. 118,527—APRIL 6, 2018
FACTS: The Kansas Commission on Judicial Qualifications received complaints regarding Judge Trigg and docketed a notice of formal proceedings. Judge Trigg did not file an answer and did not attend the hearing. At the hearing, the panel determined that Judge Trigg violated judicial canons that require independence, integrity, and impartiality of the judiciary.
DISCUSSION: Judge Trigg is no longer on the bench. But because the conduct occurred while she was still a judge, the court still has jurisdiction to review it. The court concluded that Judge Trigg violated multiple rules on Canons 1 and 2 of the Kansas Code of Judicial Conduct. Because Judge Trigg is no longer on the bench, there is no need to discuss the appropriate sanction. But the court concludes that the misconduct undermined the public's faith in the judiciary.
Civil
DAMAGES—WRONGFUL DEATH HEIMERMAN V. ROSE
ALLEN DISTRICT COURT—AFFIRMED COURT OF APPEALS—AFFIRMED
NO. 114,890—APRIL 6, 2018
FACTS: Daniel Rose was killed in a traffic accident while acting in the course of his employment. He was survived by his wife, Pamela, and son, Lucas. Pamela filed a wrongful death action in state court and Lucas, who did not live in Kansas, filed suit in federal court. Pamela also received workers compensation benefits, which were subject to subrogation rights and a lien against any third-party recovery. The federal action was settled, with each party receiving a lump-sum payment. There was no categorization of damages in the federal settlement. After that settlement, Pamela filed a motion in the state case in which she argued that her federal recovery was for loss of consortium and loss of spousal services—recovery that would be exempt from the workers compensation subrogation and lien. The district court granted a motion to dismiss Pamela's action, finding that the federal settlement did not allow for the kind of action Pamela sought in state court because it was barred by the one-action rule. The Court of Appeals affirmed that ruling, and the petition for review was granted.
ISSUE: (1) Ability of a court to categorize damages
HELD: The Kansas Workers Compensation Act prevents a windfall for a deceased worker's dependents by allowing for subrogation for payments received other than for loss of consortium or loss of spousal services. In addition, Kansas law only allows one action for the wrongful death of one person. Once the federal case was settled, the Kansas case was properly dismissed.
STATUTES: K.S.A. 2016 Supp. 44-510b, 60-1901 (a); K.S.A. 44-504, -504(b), 60-1902
Criminal
APPEALS, CRIMINAL LAW—CRIMINAL PROCEDURE—RESTITUTION-STATUTES
STATE V. ARNETT
WYANDOTTE DISTRICT COURT-COURT OF APPEALS—REVERSED AND REMANDED
NO. 112,572—MARCH23, 2018
FACTS: In exchange for $200, Arnett loaned her mother's car to two others who burglarized houses causing damage and theft. Arnett entered guilty plea to conspiracy to commit burglary. State requested restitution of $33,248.83—for property loss from the theft, damage to one...
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