The Chapter 61 project began in 1996 when two KCAA members, Walt Scott and Bruce Ward, appeared before the Kansas Judicial Council and asked for a study of the Kansas garnishment laws in response to the lawsuit that had been filed in Johnson County challenging the constitutional basis for our garnishment laws.

    The Johnson County case was appealed to the Court of Appeals and KCAA filed an amicus brief.  The case was ultimately decided against the challenger.  At the same time the case was being heard, KCAA introduced proposed legislation in 1996 to correct the perceived problems with the garnishment laws.  That effort was unsuccessful.

    While the Judicial Council was considering this request, the Shawnee County District Court was developing a pilot project to allow the electronic filing of cases in that court under Chapter 61, under the direction of Hon. Terry Bullock, Admin. Judge.  It was decided that the Judicial Council should look at Chapter 61 in its entirety to see if it could be made amenable to electronic filing statewide.

    The Judicial Council referred the matter to its Civil Code Advisory Committee which formed a subcommittee to be chaired by Judge Bullock.  The subcommittee as formed (and as subsequently expanded) includes two district judges, two KCAA members (Walt Scott and Bruce Ward), two lawyers from Kansas Legal Services, two district court clerks, a lawyer appointed by the bankers association and a technology person from OJA.

    The subcommittee began meeting once a month in May, 1997.  Eventually a complete re-write of Chapter 61 was drafted including a proposed supreme court rule on electronic filing and new forms for Chapter 61 prodecure.

    The package was submitted to the full committee in October, 1998, and was initially rejected by the committee.  Judge Bullock, sensing that the subcommittee may not have properly educated the committee on the problems faced today in Chapter 61 practice, requested that the package be withdrawn from consideration pending further review jointly by the committee and subcommittee.

    The KCAA members then asked the Judicial Council to consider introducing legislation just to address the constitutional problems with the garnishment laws.  Proposed drafts were submitted to the committee and considered in November and December, 1998.  It became obvious that there would not be enough time for the Council to approve anything in time for submittal to the 1999 legislature.  This lead to introduction by KCAA of the 3 House bills which have now been incorporated into House Subst. for SB 306.

     The full committee again agreed to consider the package in November, 1999.  It was approved by the Council and submitted to the Legislature in January, 2000, and eventually passed as House Sub for SB 504 and was signed by the Governor in May, 2000.  It is a complete re-write of Chapter 61 and takes effect on January 1, 2001.

     Additional informaion about the new law can be seen at the KCAA website.