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eBook details

• Title: Stephens v. Van Arsdale
• Author : Supreme Court of Kansas
• Release Date : January 05, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

The opinion of the court was delivered by This is an original proceeding in mandamus against Dorothy I. Van Arsdale in her official capacity as Clerk of the District Court of Sedgwick County, Kansas, which arose from her denial to plaintiffs of access to certain court files of criminal proceedings. Access to the court files was denied on the ground that K.S.A. 1979 Supp. 22-4712 and K.S.A. 1979 Supp. 21-4619 prohibited their disclosure to these plaintiffs. In this action, plaintiffs challenge the constitutionality of those statutes. The parties have stipulated to the facts as follows: 1. Plaintiff The Wichita Eagle and Beacon Publishing Company, Inc. is a corporation organized and existing under the laws of Kansas. Its principal place of business is 825 East Douglas, Wichita, Kansas. Plaintiff Kenneth F. Stephens is a resident and taxpayer of, and registered to vote in, Sedgwick County, Kansas. 2. The Wichita Eagle and Beacon Publishing Company, Inc. publishes and causes to be distributed throughout the state of Kansas morning and evening newspapers of general circulation. . . . Plaintiff Stephens, at all times material, has been employed as a reporter by plaintiff newspaper and has been assigned by it to the Courts' beat. 3. Defendant Dorothy I. Van Arsdale is the duly appointed and presently serving Clerk of the District Court of Sedgwick County, Kansas. As such, defendant is the custodian of and charged with the duty of keeping and maintaining the court files in criminal proceedings before the District Court of Sedgwick County, Kansas. . . . 4. For many years prior to the enactment and implementation of the statutes referred to in paragraph 3 above, plaintiff newspaper, or its predecessors in interest, acting through employees such as plaintiff Stephens, in the normal course of business regularly gathered, published and sold accounts of criminal proceedings before the District Court of Sedgwick County, Kansas, including reports of arrests, preliminary proceedings, prosecutions, convictions, acquittals and appeals. A source of such published information has been the records of criminal proceedings required to be kept and maintained by defendant and by her predecessors in office. Plaintiff newspaper has regularly gathered and disseminated such information daily, and it has been purchased, directly or indirectly, for nominal consideration by members of the public.

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