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Kautsch Law, LLC

Fresh Tips: Sample Request for Records

Note: The primary purpose of this request form is to easily enable requestors to include in their requests all statutory language in the Kansas Open Records Act (KORA) related to public agencies’ duties to disclose public records. Although a KORA request is not required to be in any particular form, including the language here in your request […]

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written request

Fresh Tips: The Value of Submitting Written KORA Requests

The Kansas Open Records Act (KORA) does not “require a request to be made in any particular form,” and requests may be made orally, although an agency “may require a written request.” While such flexibility in the nature of the request may seem to favor those who request documents, especially those who are not lawyers, […]

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Fresh Tips: Filing KORA and KOMA complaints

July 1, 2016, will mark the one-year anniversary of the passage of statutory amendments that conferred additional powers on the office of the Attorney General to penalize public agencies for violations of the Kansas Open Records Act (KORA) and Kansas Open Meetings Act (KOMA). Among other things, these new statutes give the AG subpoena power and […]

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strong hall

Fresh Tips: Access to “education records” under FERPA and KORA

For any journalist, but particularly student journalists covering their school’s administration and its relationship to its students, the federal Family and Educational Rights Act (FERPA) can present significant roadblocks to obtaining records that would otherwise be open to the public under the Kansas Open Records Act (KORA).  In Kansas, if a journalist asks a school […]

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Fresh Tips: Requesting disclosure of probable cause affidavits

A little more than a year ago, two Kansas statutes, K.S.A. 22-2302 and K.S.A. 22-2502, were amended to give the public, including journalists, a right to see affidavits that police file to justify making arrests and conducting searches. As is often the case with new law, not everyone initially agrees on how to interpret it. So courts […]

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Fresh Tips: Tweeting in court

Journalists who report on court proceedings can update the public minute-by-minute by sending tweets live from courtrooms. However, not all judges allow tweeting. A Reporter’s Committee for Freedom of the Press (RCFP) survey earlier this year found that an “ad hoc approach appears to be how the majority of courts across the country still treat […]

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jkba cover may 2015

Fresh Tips: Accessing probable cause affidavits in Kansas

Fresh Takes’ own Max Kautsch co-authored the cover story in the current issue of the Journal of the Kansas Bar Association.  The article takes an in-depth look at the legislative intent related to the newly amended statutes and the genesis of their adoption.  It aspires to guide members of the public and journalists in requesting […]

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