Kansas AG files notice of appeal in Kansas Emergency Management Act court case

Kansas Attorney General Derek Schmidt on Wednesday filed a notice of appeal in a Johnson County District Court case that recently struck down on a bill that allowed citizens to file civil lawsuits pertaining to local health orders.

Under Senate Bill 40, anyone who files a legitimate civil lawsuit has a right to an expedited trial. The hearing is required within 72 hours of the petition being filed. The bill also says any executive orders Governor Laura Kelly issues that are related to the pandemic have to be approved by the Legislative Coordinating Council.

KVOE reported last week that a Johnson County judge said the expedited trials deprived school districts, cities and counties due process. The judge also said the law violated separation of powers between judicial and legislative branches of government.

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