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15 JUN25 AlO:03
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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The rule in Ti fer was cited by the Court of Appeals in an unpublished opinion as the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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