Lemuz Ex Rel. Lemuz v. Fieser

The opinion of the court was delivered by

Abbott, J.:

This case is before the court on a question certified by the United States District Court for the District of Kansas under the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq. Judge Frank G. Theis certified to this court the following question:

“Does K.S.A. 65-442(b) or K.S.A. 40-3403(h), as interpreted in the case of McVay v. Rich, 255 Kan. 371, 874 P.2d 641 (1994), violate either Section 1 or Section 18 of the Bill of Rights of the Kansas Constitution?”

The facts, as set forth in the district court’s order certifying…