Panel hears bill to let judges appoint county law library trustees, allow filing fees to support services

The Senate Judiciary Committee opened a hearing on Senate Bill 53, which would amend statutes governing county law libraries to require that attorney trustees be appointed by the chief judge of the judicial district and to allow a portion of court filing fees to be used to facilitate and enhance district court functions, proponents said.

Proponents told the committee the change is aimed at improving stewardship of public funds tied to court fees and expanding access to justice in rural counties that have few or no resident attorneys. "The amendment would simply allow the second source [court filing fees] to be used for that purpose as well," Chief Judge Grant Bannister of the 21st Judicial District told the committee, saying the funds could support self‑help resources, public Wi‑Fi, loaner tablets for remote appearances and other technology to help litigants who cannot easily travel to court.

The reviser summarized the bill before the committee. Under current law described by the reviser, the board of trustees for county law libraries (except in Johnson, Sedgwick and Douglas counties) consists of the district judge or judges for the district and not fewer than two attorneys who are elected to two‑year terms by a majority of attorneys residing in that county. The bill would retain the minimum of two attorney trustees who must reside in the county but would change selection from election to appointment by the chief judge of the judicial district and would amend the statute governing library fees (cited in testimony as KSA 20‑3,129) so those filing‑fee funds may be used to facilitate and enhance district court functions.

Jefferson County Attorney Joshua Nye, testifying as a proponent, described local experience with dwindling numbers of practicing attorneys and said law libraries remain a resource for pro se litigants. "The concept of law libraries being a place where even pro se litigants can access resources to help them in navigating the justice system," Nye said, arguing that the election requirement has been difficult to follow in many counties and that appointments by the chief judge would provide a clearer, accountable stewardship of funds. Nye noted the county bar's annual dues are small and that much of the law library funding comes from filing fees rather than bar dues.

Chief Judge Grant Bannister, appearing by WebEx, told the committee that absent the amendment the second source of funds (court filing fees) can become a "stranded asset," and that allowing the fees to be used would better serve both the public and the local bar. Bannister said some counties house law library resources at public libraries with paid research subscriptions and that technology can better meet current needs than hardbound volumes. "This fits their needs better than endless, dusty, hardbound volumes," he said, urging the committee to approve the minor statutory amendment.

Senator Reichman asked how many counties are affected; witnesses said that figure was not provided and that the pattern was described as "hit and miss" based on local inquiries and experience with rural justice initiatives.

Before the SB53 briefing, committee staff made a procedural announcement on submitting testimony and conferee forms. The chair said the committee's process requires that conferees complete an online form stating affiliation and position (proponent, neutral, opponent) and that conferees supply 18 hard copies of testimony and an emailed PDF at least 24 hours before a scheduled hearing (the chair recommended filing by 10 a.m. the day before the hearing).

No committee action or vote on SB53 occurred at the hearing; the committee closed the hearing after receiving proponents' testimony and written statements.

The committee agenda also included two requests for bill introductions made by Mike Fonkert of the Kansas Appleseed Center for Law and Justice (25 RS 0430 relating to prohibiting fines and fees for justice‑involved youth; and 25 RS 0763 relating to limiting restraints on juveniles in courtroom settings). The chair said those bills would be introduced for the record.