15 JUN25 AlO:03

l'1 ~~K 'I' U\';l,.,

'(:~AW(IJ;\:: i,i~'l~i:

BY
IN RE: REQ

ST FOR GRAND JURY

." .,_ .. - .'

Case No. 15 MR 2 P

Order Denying Various Requests

and
Order Limiting Further Filings

Now on t e 22nd day of June, 2015, the above referenced is considered by the
undersigned Sen or Judge, assigned, The Court Clerk of Crawford County Kansas has received,
purportedly for 'ling, two "pleadings." One is entitled "Objection to Order Denying Grand Jury
and Request for

ral Arguments" and the other is titled "Motion for Reconsideration

and

Request for Exte sion of Time." On their face it is incontrovertible these documents are
presented for fili g by the individuals who filed the original petition for grand jury with the
district court.
In the Order denying the petition for a grand jury this court, relying on both
controlling aut orities and persuasive authorities, determined under the laws of the State of
Kansas, once a grand jury petition is presented by the public the public's involvement with
the proceeding

eases. Specifically this court held: "Once a petition for a grand jury is filed

the involvem

t of the persons

Court quoted

e Kansas

filing the same, with the entire process

Supreme

court as having specifically

ceases." This

ruled: "However,

upon

the submissio

of the petition,

ceases." Tiller v. Corrigan,

the role of the citizenry

286 Kan. 30, 182 P.3d 719 (2008)

The rule in Ti fer was cited by the Court of Appeals

controlling
petition

in the grand

(emphasis

in an unpublished

p inciple upon which that court found that the person(s)

lack

analysis foun
Jury Filed by

These

tanding

to appeal

that said persons

an order denying

a grand jury

were not parties to the proceeding.

eardon, 260 P. 3d 1249 (Kan. Ct. App.

jury

process

supplied).

opinion
presenting

as the
the

and in a separate
See In re Grand

2011).

mbers of the citizenry are thus not parties or participants at any level or any

capacity in thi proceeding.

They thus have no standing or right to present filings in this

action. Further, even if they had the standing to present these "pleadings" there is no statutory
authority to gr nt any of the various requests presented. As was arguably thoroughly and
sufficiently ex lained in the previous order, grand juries are, in Kansas, a creature of statute.
Thus any proc eding conducted in conjunction therewith must be authorized by statute. The
grand jury stat tes do not provide for "extensions" to obtain additional signatures, procedures
for "reconside

tion," the entertaining of "oral arguments" on issues of the petition's

legal

sufficiency, or ny other request that these documents might imply.

The pIe

ings filed after the Order Denying Grand Jury, are thus a nullity. The persons

presenting the

etition should be afforded the right to appeal this court's orders to a higher

court of compe ent jurisdiction,

but other than the pleadings necessary to perfect that appeal,

this court here y instructs the Clerk to refuse any other filings in this matter. If any pleading
is refused as n t pertinent to any such appeal (if such appeal is available) these persons will
be afforded the right and opportunity to request that the same be reviewed by a district judge.

That request
fashion that it

ill be made in writing, signed by the appropriate person and presented in a

ay be forwarded to the judge assigned for consideration. That judge may then,

in camera, de rmine said pleading's relevance to any such appeal. Nothing

in this Order

Restricting Fi ngs will be construed to in any way alter the general statues and rules
regarding juris ietion of a ease once appropriately docketed and jurisdiction
the appellate e urts.

IT IS S ORDERED

is assumed by

Crawford County District Court

602 N. LOCUST
PITTSBURG, KANSAS 66762

t5/;2)/I~

'~I~I~
1111111

II

7014 2120 0000 2498 1377

;5:00
0 N

;=~ ...

uNlreo
~.so,>-

rn ..-u { .:,

1",I'IIIIII'IIiIJlI,III,II"
Noah Day

~;I~~~
IIII#~~

11111,11111111'1'111111"111'11'11,1

~o~

~~O!

~~:::!II~I

POBox 224
Pittsburg KS 66762

III

(J) CJ'I

NCO 0
~ ~CO~
(J)

&'E7-E~2::(:::;~::~2:::~
Ei()()~3

CJ'I

il iljj Ii ihiiIiili!! Jill!i!i j Ii i iiIiiI i i i'111ll ii,j ii

ll

I Ii I

en

(I!

(II