Chamberlain v. Buhrman

825 P.2d 168, 250 Kan. 277, 1992 Kan. LEXIS 34
CourtSupreme Court of Kansas
DecidedJanuary 17, 1992
DocketNo. 66,858
StatusPublished
Cited by5 cases

This text of 825 P.2d 168 (Chamberlain v. Buhrman) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chamberlain v. Buhrman, 825 P.2d 168, 250 Kan. 277, 1992 Kan. LEXIS 34 (kan 1992).

Opinion

The opinion of the court was delivered by

Six, J.:

This original action in mandamus is a statutory interpretation case. We are presented with a first impression issue arising from the qualifications imposed by the legislature on candidates for the office of sheriff. Our resolution of the relationship of three statutes, K.S.A. 19-801b(a) (qualifications for the office of sheriff), K.S.A. 19-826 (mandatory fingerprinting requirement for candidates for sheriff), and K.S.A. 1990 Supp. 12-4516 (ex-pungement of convictions), will control the disposition of this issue.

William H. Chamberlain, who wishes to be a sheriff, filed an original action in mandamus. Jarkice Buhrman, Miami County Clerk/Election Officer, is the respondent. Buhrman terminated Chamberlain’s candidacy for the office of sheriff because he had been convicted of driving while under the influence of alcohol or drugs and an open container of liquor offense and was disqualified to he elected sheriff under K.S.A. 19-801b(a)(3). Chamberlain’s convictions had been expunged. Chamberlain seeks an order in mandamus directing Buhrman to place his name on the ballot.

The question is whether expungement of the liquor-related offenses clears the K.S.A. 19-801b(a)(3) conviction prohibition, thus permitting Chamberlain’s name to appear on the ballot.

The answer is no. We deny the writ of mandamus. Chamberlain is statutorily prohibited from filing for the office of sheriff.

[279]*279Facts

Chamberlain submitted his name to Buhrman to be placed on the ballot for the elected office of Sheriff of Miami County, Kansas. Buhrman forwarded Chamberlain’s fingerprints to the Kansas Bureau of Investigation (KBI) as required by K.S.A. 19-826. The KBI issued a certification of fingerprint search, notifying Buhrman that Chamberlain had been convicted of liquor-related violations (driving while under the influence and operating a motor vehicle with an open container) which under K.S.A. 19-801b would preclude him from serving as sheriff.

Before submitting his name to Buhrman, Chamberlain had obtained an order expunging the two liquor-related convictions under K.S.A. 1990 Supp. 12-4516.

Buhrman informed Chamberlain of the KBI search result and that he had five days, under K.S.A. 19-826(c), to correct any error. Chamberlain did not respond. Buhrman informed Chamberlain by letter that his candidacy for sheriff had been terminated.

Qualifications for the Office of Sheriff

Chamberlain contends that K.S.A. 1990 Supp. 12-4516(e) contains limited instances when information concerning an expungement conviction may be released after an order of expungement has been entered. He argues that K.S.A. 1990 Supp. 12-4516(e) does not provide for release of information concerning an expunged conviction when a name is submitted for the elected office of sheriff. Therefore, Chamberlain reasons the KBI improperly reported his convictions to Buhrman.

Buhrman counters that K.S.A. 19-801b(a) unambiguously states that a person is not eligible to run for sheriff unless such person “has never been convicted’ of a liquor-related offense. Buhrman asserts that expungement of a conviction of a liquor-related offense neither alters the fact of thé conviction nor removes the disqualification for holding the office of sheriff. We agree. We also agree with Buhrman’s argüinent that K.S.A. 1990 Supp. 12-4516(e)(2) demonstrates legislative intent that persons attempting to hold the office of sheriff disclose expunged liquor-related convictions. K.S.A. 1990 Supp. 12-4516(e)(2) requires persons applying for employment with a criminal justice agency to disclose expunged convictions, if asked in an application for employment.

[280]*280K.S.A. 19-801b(a)(3) states:

“No person shall be eligible for nomination, election or appointment to the office of sheriff unless such person:
“(3) has never been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to gambling, liquor or narcotics.”

K.S.A. 19-826(b) requires candidates for the office of sheriff to be fingerprinted. K.S.A. 19-826(c) also requires the county election officer to send the candidate’s fingerprints to the KBI for a search of state and national fingerprint files to determine if the candidate qualifies for the office of sheriff under K.S.A. 19-801b. K.S.A. 19-801b(a)(3) and K.S.A. 19-826(c) are specific statutes dealing with qualifications for election to the office of sheriff.

K.S.A. 1990 Supp. 12-4516(e) indicates the legislature intends persons applying for law enforcement positions to disclose expunged convictions, if asked. The fingerprint search mandated by K.S.A. 19-826 is an inquiry into a sheriff candidate’s criminal record.

K.S.A. 1990 Supp. 12-4516(e) provides, in part:

“When the court has ordered a conviction expunged, the order of expungement shall state the information required to be contained in the petition.

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Related

Attorney General Opinion No.
Kansas Attorney General Reports, 1995

Cite This Page — Counsel Stack

Bluebook (online)
825 P.2d 168, 250 Kan. 277, 1992 Kan. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chamberlain-v-buhrman-kan-1992.