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Grand Jury; Order Denying Various Requests and order Limiting Further Filings 06/25/2015

Date post: 13-Sep-2015
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Order Denying Various Requests and order Limiting Further Filings Dated June 25th, 2015 Signed By Judge Richard M. Smith
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15 JUN25 AlO:03 l'1 ~~K 'I' U\';l,., '(:~AW(IJ;\:: i,i~'l~i: BY ." .,_ .. - .' Case No. 15 MR 2 P IN RE: REQ ST FOR GRAND JURY Order Denying Various Requests and Order Limiting Further Filings Now on t e 22nd day of June, 2015, the above referenced is considered by the undersigned Sen or Judge, assigned, The Court Clerk of Crawford County Kansas has received, purportedly for 'ling, two "pleadings." One is entitled "Objection to Order Denying Grand Jury and Request for ral Arguments" and the other is titled "Motion for Reconsideration and Request for Exte sion of Time." On their face it is incontrovertible these documents are presented for fili g by the individuals who filed the original petition for grand jury with the district court. In the Order denying the petition for a grand jury this court, relying on both controlling aut orities and persuasive authorities, determined under the laws of the State of Kansas, once a grand jury petition is presented by the public the public's involvement with the proceeding eases. Specifically this court held: "Once a petition for a grand jury is filed the involvem t of the persons filing the same, with the entire process ceases." This Court quoted e Kansas Supreme court as having specifically ruled: "However, upon
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  • 15 JUN25 AlO:03

    l'1 ~~K 'I' U\';l,.,'(:~AW(IJ;\:: i,i~'l~i:

    BY ." .,_ .. - .'Case No. 15 MR 2 PIN RE: REQ ST FOR GRAND JURY

    Order Denying Various Requestsand

    Order Limiting Further Filings

    Now on t e 22nd day of June, 2015, the above referenced is considered by the

    undersigned Sen or Judge, assigned, The Court Clerk of Crawford County Kansas has received,

    purportedly for 'ling, two "pleadings." One is entitled "Objection to Order Denying Grand Jury

    and Request for ral Arguments" and the other is titled "Motion for Reconsideration and

    Request for Exte sion of Time." On their face it is incontrovertible these documents are

    presented for fili g by the individuals who filed the original petition for grand jury with the

    district court.

    In the Order denying the petition for a grand jury this court, relying on both

    controlling aut orities and persuasive authorities, determined under the laws of the State of

    Kansas, once a grand jury petition is presented by the public the public's involvement with

    the proceeding eases. Specifically this court held: "Once a petition for a grand jury is filed

    the involvem t of the persons filing the same, with the entire process ceases." This

    Court quoted e Kansas Supreme court as having specifically ruled: "However, upon

  • the submissio of the petition, the role of the citizenry in the grand jury process

    ceases." Tiller v. Corrigan, 286 Kan. 30, 182 P.3d 719 (2008) (emphasis supplied).

    The rule in Ti fer was cited by the Court of Appeals in an unpublished opinion as the

    controlling p inciple upon which that court found that the person(s) presenting the

    petition lack tanding to appeal an order denying a grand jury and in a separate

    analysis foun that said persons were not parties to the proceeding. See In re Grand

    Jury Filed by eardon, 260 P. 3d 1249 (Kan. Ct. App. 2011).

    These mbers of the citizenry are thus not parties or participants at any level or any

    capacity in thi proceeding. They thus have no standing or right to present filings in this

    action. Further, even if they had the standing to present these "pleadings" there is no statutory

    authority to gr nt any of the various requests presented. As was arguably thoroughly and

    sufficiently ex lained in the previous order, grand juries are, in Kansas, a creature of statute.

    Thus any proc eding conducted in conjunction therewith must be authorized by statute. The

    grand jury stat tes do not provide for "extensions" to obtain additional signatures, procedures

    for "reconside tion," the entertaining of "oral arguments" on issues of the petition's legal

    sufficiency, or ny other request that these documents might imply.

    The pIe ings filed after the Order Denying Grand Jury, are thus a nullity. The persons

    presenting the etition should be afforded the right to appeal this court's orders to a higher

    court of compe ent jurisdiction, but other than the pleadings necessary to perfect that appeal,

    this court here y instructs the Clerk to refuse any other filings in this matter. If any pleading

    is refused as n t pertinent to any such appeal (if such appeal is available) these persons will

    be afforded the right and opportunity to request that the same be reviewed by a district judge.

  • That request ill be made in writing, signed by the appropriate person and presented in a

    fashion that it ay be forwarded to the judge assigned for consideration. That judge may then,

    in camera, de rmine said pleading's relevance to any such appeal. Nothing in this Order

    Restricting Fi ngs will be construed to in any way alter the general statues and rules

    regarding juris ietion of a ease once appropriately docketed and jurisdiction is assumed by

    the appellate e urts.

    IT IS S ORDERED

  • Crawford County District Court602 N. LOCUST

    PITTSBURG, KANSAS 66762

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