Golden Belt Humane Society Director Heather Acheson wants to remind everyone that cases of rabies do not just happen in the wilderness, many cases pop up within city limits.

On September 25, a skunk bit or scratched a dog in Great Bend and the skunk tested positive for rabies. Acheson says more often than not, the rabies cases occur in skunks and raccoons.

Heather Acheson Audio

The bite or scratch happened on the east side of Great Bend and the dog was not current on its rabies vaccination. The dog is now locked in quarantine for 45 days. Acheson says while the dog is in quarantine, the staff looks for change in behavior, neurological changes, and the way the animal eats.

Barton County recently updated an ordinance stating animals need to be ‘current’ on their vaccinations whether that be a one-year or three-year vaccine from their veterinarian.

Heather Acheson Audio

Acheson noted what can be a $15 investment in the vaccination or booster for the pet can turn into a $600 bill for boarding and testing the animal during the quarantine.

BOOKED: Iban Martinez-Enriquez on Barton County District Court warrant for probation violation with no bond. BTDC warrant for probation violation with no bond. BTDC warrant for probation violation with no bond.

BOOKED: Joshua Anderson of Great Bend on Great Bend Municipal Court warrant for failure to appear, bond set at $500 C/S. Barton County District Court case for possession of methamphetamine, possession of marijuana, and possession of paraphernalia, bond set at $10,000 C/S.

BOOKED: James Huntley III on Barton County District Court warrant for criminal damage to property, bond set at $1,000 C/S.

RELEASED: Charles Rowe Jr. of Great Bend on BTDC warrant for probation violation after being released to New Chance in Dodge City. GBMC warrant for contempt of court after being released by the order of Court Judge Pike.

RELEASED: Jeremy McFann of Wichita on District Court case for serve sentence.

RELEASED: James Huntley III of Great Bend on Barton County Court warrant for criminal damage, he posted $1,000 surety bond.

With corn, soybeans and milo all ready to be cut or already being cut, and wheat ready to be put in the ground, the agriculture community is as busy right now as they have been all year. Great Bend Coop Seed Manager Jeff Mauler stopped by the Eagle Media Center Wednesday to talk about what is taking place on the farm these days.

Jeff Mauler Audio

The latest crop report from USDA this week indicated that 47-percent of the corn has been harvested in the state so far with just 7-percent of the soybean crop cut. 10-percent of the milo crop has been harvested.

As for wheat planting, Mauler says farmers have been very busy getting that crop into the ground.

Jeff Mauler Audio

The USDA report indicated that 41-percent of next years crop has been planted so far which is well ahead of the 20-percent last year, and ahead of 32-percent for the five-year average.

Mauler says the numbers on fall crops has been impressive so far which correlates with the state wide average. 39-percent of the corn crop statewide was rated good with 8-percent excellent. Soybean condition checks in at 47-percent good and 11-percent excellent, while the milo was rated this week at 56-percent good and 14-percent excellent.

BUSINESS NEWS

written by: Randy Clinkscales of Clinkscales Elder Law Practice

A few weeks ago, I related to you that my wife and I went on vacation in August for a couple of weeks. We took the trip to Colorado, and then we had various friends and family come out and visit us there. It was a no-television vacation. I did a lot of cooking, relaxing, and reflecting.

The vacation was a little more significant in that a week after we got back, my wife, Barbara, was to retire from her job at the Department of Children and Family Services (it used to be SRS). She had been there for over 25 years.

My wife and I met after the very first year of law school. It was the summer before our second year. We were both taking a course in commercial transaction. We dated for the next two years, and then married in September of 1980 after graduating from law school in May. I have only known her as a lawyer or as a law student.

As you may imagine, two lawyers/spouses can have animated conversations. Particularly, during the law school years, Barbara was very hard on me. I was a terrible writer, with terrible writing skills. That is not a good attribute for law school. I would write a brief for a class, or for my job as a law clerk, and Barbara would go through it with her red pen. She would challenge my thought process. By the time we graduated law school, I had actually become a pretty good writer and could argue effectively in appellate briefs.

Throughout the years, Barbara has been my sounding board. While we respect client confidentiality, we would exchange the dilemmas our clients or employers were facing. Much of that occurred right after work, but more especially, right before I left for work in the morning. That time from about 7:00 in the morning until 8:00 was a time for us to talk about our upcoming day, and what we were struggling with.

Barbara is ready for retirement. I am just not sure I have wrapped my head around the idea that she’s no longer going to be a practicing attorney. In a way, I think it has been harder on me to accept that she is at that stage.

I understand now, maybe for the first time, the impact it may have on a person when their best friend retires. I do not think you can help keep from wondering what, if anything, will change in the relationship?

DCF hosted a very nice farewell gathering for Barb on September 7. As I expected, Barb held her emotions well, almost.

I strongly suspect that one day soon, Barb is going to be into some new project, and frankly, I would not be surprised if it was somehow law related.

I do not think that there is a good or bad time to retire. I think it is up to the individual person. I am not there yet. Watching Barb retire, I realized I am not there yet. But I did get a feeling of urgency that there are some things that I want to get accomplished before that day comes, either voluntarily or involuntarily.

Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to randy@clinkscaleslaw.com. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.

The new bridge one mile east of Great Bend on East Barton County Road has been completed and the road was re-opened on Oct. 2.

L&M Contractors, Inc., of Great Bend was the prime contractor for the project.  The construction and inspection work was 80% funded with federal money that passed through the Kansas Department of Transportation.  Barton County picked up the remaining 20% of those costs, and the County paid for all of the design work that was done by Kirkham Michael out of Ellsworth.

The multiple-barrel concrete box structure that was removed was suffering from stream erosion and settlement issues.

Press Release from the Barton County Attorney’s Office…

How difficult is it to file and prosecute a criminal case?

“It could be perceived as ridiculously easy,” said Barton County Attorney Amy Mellor. “Today, with all of the technology available to us, it could be seen as just pushing a button.”

But, she quickly adds, it’s a lot more than that, and the “backstory is a lot more complex and time consuming than most people realize.

In a jurisdiction the size and population of Barton County, the county attorney must review thousands of reports submitted to her office during a calendar year. These reports come from the Great Bend, Hoisington, Ellinwood, and Claflin Police Departments, the Barton County Sheriff’s Office, the Kansas Highway Patrol, Kansas Bureau of Investigation, and the Kansas Department of Wildlife, Parks, and Tourism. It’s not unusual to see reports come in from other agencies like the State Fire Marshal, the Bureau of Alcohol, Firearms, Tobacco, and Explosives, Kansas Department of Revenue, Alcohol Beverage Control, or law enforcement agencies from other Kansas counties and even out-of-state. These law enforcement agencies generate a police report when a person reports that a crime has been committed, when an officer sees criminal conduct by a suspect, or after an investigation into criminal conduct has been initiated and completed.

Once the reports are reviewed, the county attorney makes a decision whether she believes there is evidence beyond a reasonable doubt to obtain a conviction in a case. There are many instances where reports are sent back to the submitting agency requesting addition investigation and/or information.

Kansas law requires that a statement of probable cause be submitted with a report – prosecutors call it an affidavit. If the law enforcement agency has not submitted an affidavit when charges are ready to be filed, one is requested from the particular agency. The charging documents are then completed and those documents, the complaint, and a warrant or summons are sent to a judge to review and to sign if he or she believes the affidavit contains probable cause to believe that the named person, the suspect, has committed the crime alleged in the charging document. This is a lower standard of proof than beyond a reasonable doubt.

The first time the suspect, now called the defendant, appears in court will be for a first appearance. At that hearing, the judge will advise the defendant of the charges against him or her and the possible penalties. If one or more crimes charged are felonies, a date is set for a preliminary hearing within 14 days. Representation by an attorney and bond issues may also be addressed.

At the time of the preliminary hearing, the State (prosecutor) will present evidence through the testimony of witnesses and physical evidence to establish that probable cause exists to believe that a crime has been committed, and that the defendant is the person who

committed the crime or crimes. The judge will then make a ruling to either bind the defendant over for trial, if he or she finds probable cause, or to dismiss any felony charges in which he or she did not find probable cause.

The next stage in the criminal justice process is the arraignment. This is the time when a defendant will enter a formal plea. That plea may be not guilty, no contest, or guilty. If the defendant enters a not guilty plea, the case is then set for pretrial and trial either to the court or to a jury.

There are many legal issues that may need to be addressed prior to a trial. These can include matters such as motions to suppress evidence, motions to determine the voluntariness of statements, and a myriad of other issues. It is sometimes necessary for trials to be continued in order for motions to be heard and ruled upon prior to a trial actually taking place. One district judge is appointed to all criminal cases in Barton, Ellsworth, Russell, Rice, and Stafford counties. Additionally, the district judge’s calendar in this judicial distict is historically very full with court trial and jury trial settings. That, coupled with a defense attorney’s and prosecution’s calendars, often complicates finding a trial setting that works for all parties.

With all of the above being said, the State does not have the luxury of choosing who reports a crime, who is a victim of a crime, and who is a suspect of a crime. “Ethically,” Mellor said, “I am prohibited from filing frivolous cases; if there is no evidence that a crime has been committed, no charges will be filed.”

“And, I will not file a case to prove a point’ or ‘teach someone a lesson,” Mellor said. “I must absolutely believe that a crime has been committed and that I have the evidence to prove it. I won’t file a case because I want to or because someone else wants me to do so. There has to be a crime and the necessary evidence.”

If, however, the possibility exists that a conflict of interest were to arise, Mellor said it’s her obligation to step aside.

“If I’m presented with a situation where I believe I have a crime and the necessary evidence, I may not be able to file a case myself because the situation or the people involved would allow someone to call the County Attorney’s Office into question,” she explained.

“If someone could say, ‘you filed that charge to gain a political or personal advantage,’ I can’t proceed and must ask a judge to appoint another prosecutor,” said Mellor. “I have to be aware that this kind of situation—however rare—could arise.”

The duties are challenging and the days sometimes long. But, says Mellor, she still thinks being a prosecutor is a calling she wants to answer. “I don’t know that I would call it a ‘fun’ job, but it is rewarding knowing that I’ve helped right some wrongs.”