Legislative Coordinating Council v. Frahm

936 P.2d 267, 262 Kan. 144, 1997 Kan. LEXIS 61
CourtSupreme Court of Kansas
DecidedApril 18, 1997
DocketNo. 76,073
StatusPublished
Cited by3 cases

This text of 936 P.2d 267 (Legislative Coordinating Council v. Frahm) 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
Legislative Coordinating Council v. Frahm, 936 P.2d 267, 262 Kan. 144, 1997 Kan. LEXIS 61 (kan 1997).

Opinion

The opinion of the court was delivered by

Davis, J.:

The Legislative Coordinating Council (LCC) brought this original action in mandamus against respondents Sheila Frahm, Secretary of Department of Administration, and Shirley Moses, the Director of Accounts and Reports because Moses refused to pay LCC vouchers for court costs and attorney fees in[145]*145curred in an election contest action. The director determined that the expenditures were unlawful. We do not reach the merits of the question and dismiss based upon our conclusion that the LCC had no authority or standing to bring this action.

The parties have submitted this case upon the following stipulated facts:

“1. On December 21,1994, Joe Shriver was declared the winner of the election for 79th District State Representative over Danny Jones by then Kansas Secretary of State, Bill Graves.
“2. Jones filed suit contesting the elections and on January 6,1995, the Cowley County District Court determined the election to be a tie vote and under K.S.A. 25-1452 waived the costs of the contest and held, in part:
‘3. In the interests of justice, the costs of this contest are hereby waived and should therefore be paid by the State of Kansas in a special appropriation made therefore, pursuant to K.S.A. 25-1452. It is the specific recommendation of this court that the costs of this case include a reasonable sum for attorney fees for both the parties.’
“3. On January 30,1995, Speaker Shallenburger appointed a select committee of six members of the Kansas House of Representatives to hear the matter and report to the full House pursuant to K.S.A. 25-1451(b).
“4. On February 9,1995, the select committee reported to the membership of the House that the contested election had resulted in a tie vote between Jones and Shriver. The committee recommended that the outcome of the election should be decided by lot. The report of the select committee did not mention payment of court costs or attorneys’ fees in this matter.
“5. On February 10, 1995, the Speaker announced that by mutual agreement of the candidates and concurrence of the leadership of the Republican and Democratic parties in the House, the election for the Office of Representative of the 79th District would be determined by drawing lots. The announcement, as stated in the Journal of the House, did not mention payment of court costs or attorneys’ fees in this matter. Jones won the drawing and was seated.
“6. During the 1995 legislative session, both Senate Bill No. 95 and House Bill No. 2085 contained appropriations provisions for Legislative expenses. HB 2085 did not mention specifically payment of court costs or attorneys’ fees in this matter. SB 95 was amended by motion of the House Minority Leader to specifically appropriate money to pay Jones’ and Shiiver’s attorneys’ fees. The day after SB 95 was so amended the full House adopted the conference committee report on HB 2085. HB 2085, which included appropriations for legislative operational costs, became law on July 1, 1995.
“7. On motion of Senator Bogina to non-concur to the House amendments to SB 95, a conference committee was appointed. Senators Bogina, Emert and Rock, as well as Representatives Jennison, Carmody and Helgerson met as the confer[146]*146ence committee on SB 95. The conference committee agreed to disagree and SB 95 remained in conference committee during the 1995 legislative session.
“8. On May 30, 1995, Speaker Pro Tern Susan Wagle requested an Attorney General’s Opinion asking whether either HB 2085 or its 1994 predecessor (1994 Kan. Sess. Laws Ch. 255) authorized the LCC to pay Jones’ and Shriver’s court costs and attorneys’ fees. On June 30, [1995], the Attorney General opined: ‘The costs incurred in the contest of an election in the seventy-ninth representative district may not be paid from appropriation set forth in L. 1994, ch. 255, § 3 or section 3 of 1995 house bill no. 2085.’
“9. On August 21,1995, Speaker Shallenburger pointed out to the Council that because 1995 Senate Bill No. 95 was not passed by the Legislature, the court costs, transcription expenses and attorneys’ fees in the contested election case of Jones v. Shriver, District Court of Cowley County, Kansas, had not been paid. Speaker Shallenburger moved that the court costs, transcription expenses and attorney fees as specified in 1995 Senate Bill No. 95, (as amended by House Committee of the Whole) be paid from the operations (including official hospitality) account of the Legislature. Representative Sawyer seconded the motion. In discussion, members of the Council considered the statute relating to payment of costs of contests of elections; that the district judge who heard the case ordered the costs of the election contest to be paid by the state and recommended that the costs of the case include a reasonable sum for attorney fees for both parties; an opinion of the Attorney General on the matter; the amount of the costs, including attorney fees, authorized for payment in 1995 Senate Bill No. 95 (as amended by House Committee of the Whole); and that 1995 Senate Bill No. 95 (as amended by House Committee of the Whole) authorized the payment of attorney fees in the matter from the operations (including official hospitality) account of the Legislature. The motion carried. Senator Moran voted against the motion.
“10. On August 24, 1995,- the LCC submitted a payment voucher, V 428, to the Division of Accounts and Reports of the Department of Administration seeking payment of Danny Jones’ attorney fees in Jones v. Shriver to the law firm of Patterson, Nelson, Nolla & Witteman, L.C. in the amount of $19,054.15.
“11. On August 24, 1995, the LCC submitted a payment voucher, V 427, to the Division of Accounts and Reports of the Department of Administration seeking payment of Danny Jones’ attorney fees in Jones v. Shriver to Eric Rucker, Attorney at Law, in the amount of $5,624.75.
“12. On August 24, 1995, the LCC submitted a payment voucher, V 426, to the Division of Accounts and Reports of the Department of Administration seeking payment of Danny Jones’ attorney fees in Jones v. Shriver to Dale Sprague, Attorney at Law, in the amount of $321.10.
“13. On August 24, 1995, the LCC submitted a payment voucher, V 424, to the Division of Accounts and Reports of the Department of Administration seeking payment of docket fee, witness fees and faxed copies in Jones v. Shriver to the District Court of Cowley County in the amount of $466.12.
[147]*147“14. On August 24, 1995, the LCC submitted a payment voucher, V 425, to the Division of Accounts and Reports of the Department of Administration seeking payment of Joe Shriver’s attorney fees in Jones v. Shriver to Victor Miller, Attorney at Law in the amount of $15,000.
“15.

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Bluebook (online)
936 P.2d 267, 262 Kan. 144, 1997 Kan. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/legislative-coordinating-council-v-frahm-kan-1997.