As a trial lawyer, I cannot imagine a more appropriate topic for discussion than the importance of fair and impartial courts. At a basic level, there. is nothing controversial about this subject. Who can really be opposed to fair and impartial courts? Yet, when fair and impartial courts decide controversial cases, those on the losing end are often angry and blame the courts, rather than the law, for the outcome. Controversy also arises when we try to define what a fair and impartial court does and what type of criticism of the courts is appropriate.

A fair and impartial judiciary is essential to the future of our nation, but it is not an easy objective to maintain. The judiciary’s mission places it in conflict with those who are in power. It has the task of protecting the rights guaranteed by our Constitution and our laws, regardless of the popularity, wealth, political affiliation, or power of the politicians and litigants affected by its rulings. There will always be forces opposed to a fair, impartial and independent judiciary. Our system of government, created with three coequal branches, virtually guarantees conflict between the judiciary and the other branches. Further, our legal system, based on an adversarial model of resolving disputes, guarantees that there will be winners and disappointed losers in every court case. We have an obligation as officers of the court to stand up for the judiciary when it is attacked for fulfilling its duty to uphold the law and the Constitution of the United States.

Preserving a fair and impartial judiciary is not a liberal or conservative issue. Historically, the courts have clashed with both liberals and conservatives, and we can expect this to continue. The courts were at odds with President Abraham Lincoln over slavery, with President Franklin Roosevelt over the New Deal, and with President George W. Bush over the Patriot Act. The courts act as a tempering influence on the party in power. It is essential that we protect and preserve this aspect of our judicial system. One only needs to look at the arrests and beatings of lawyers and judges in Pakistan to understand the importance of a fair, impartial, and politically independent judiciary. Those who would abuse or usurp political power fear such a judiciary.

What concerns me most about the current attacks on the judiciary is that there appear to be concerted efforts to make the judiciary more susceptible to political influence rather than less. For example, there is a movement to eliminate merit selection of judges in Missouri (known as the Missouri Plan). The attacks are couched in terms of making judges “accountable” to the people. In reality, they are designed to make the judiciary dance to the tune played by the politicians in power. These efforts seem designed to create a judiciary that follows the opinion polls rather than the law. (more…)

With the coming of Spring, it is possible that you or someone you know was hurt during the winter months when they slipped and fell on snow or ice in Kansas. The question now is whether the legal system provides any ability to recover money to help pay for medical bills, lost wages, and/or pain and suffering. If you have additional questions after reading this article, please contact our firm.
General Rule

In Kansas, any “occupier of land,” whether a private homeowner or a business is held to a standard of “reasonable care under all circumstances” to keep their property safe for everyone except trespassers. A business, absent unusual circumstances however, does not breach that duty of “reasonable and ordinary care” by not removing snow or ice from outdoor surfaces during a storm or for a “reasonable time thereafter.” This means that anyone visiting a business during a storm or shortly thereafter should be aware of the weather and its probable effect on the parking lots and sidewalks they intend to use. (more…)