Voice For Liberty

Author: Bob Weeks

  • Ethics Require Recusal in School Finance Lawsuit

    We should be thankful that there are people like Karl Peterjohn to tell us of things like the conflict of interest he reports in this article. An important question we should be asking is why our newspapers and other news media in Kansas have not reported this.

    Ethics Require Recusal in School Finance Lawsuit
    By Karl Peterjohn, Executive Director of Kansas Taxpayers Network

    The Kansas Supreme Court will hear oral arguments again in the school finance lawsuit brought against the state by 15 Kansas school districts. The May 11 oral arguments will eventually be followed by a written decision by the court.

    On January 3, 2005 the court delivered an unsigned 3 1/2 page edict that created a fair amount of head scratching at the statehouse over what exactly the court meant at that time. Now that the court has shrunk with the death of one judge, Justice Gernon, the Kansas Supreme Court’s six remaining members will be deciding this case. However, there is a problem with one of the judges.

    The Kansas Supreme Court’s second canon of rules requires that its members, “shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”

    This rule goes on to state, “A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment.” These are important principles for the administration of justice in this state.

    These rules bring us to Justice Don Allegrucci, a long time member of the Kansas Supreme Court who needs to recuse himself from this case because of his family situation. Justice Allegrucci’s wife Joyce is Governor Sebelius’ Chief of Staff. His son, Scott, has until recently been a high level appointed official in the state Department of Commerce.

    Governor Sebelius’ position on the school finance law is clear. April 5 she said, “I believe the legislature’s school funding plan is neither responsible nor sustainable.” Governor Sebelius criticized the legislature for not increasing state public school spending by more than the $140 million approved by the 2005 legislature. Sebelius has clearly sided with the plaintiff’s position in this lawsuit. That is fine in a political, public policy debate but is problematic with her chief of staff’s husband being on the court where this case is being litigated. Judge Allegrucci needs to recuse himself from this lawsuit.

    Governor Sebelius is still hoping to get her package of proposed property, income, and sales tax hikes enacted into law so that state spending will begin growing faster. This is in addition to the rapid 7.3 percent increase in state spending that was approved by the 2005 legislature. The legislature’s budget, which largely followed the governor’s guidelines, puts this state within a few million of having the first $5 billion General Fund budget. This would be another state spending record in addition to having the first All Funds state budget that exceeds $11 billion too.

    Justice Allegrucci is no stranger to politics either. In 1978 Allegrucci was the unsuccessful Democratic candidate for the Kansas fifth district congressional seat. That is why the complaint by the Kansas Supreme Court in their January decision complaining about statehouse politics was laughable. While everyone admits to politics at the statehouse there is certainly more than a significant amount of politics, albeit conducted largely outside of public view, when it comes to the courts and judicial appointments dominated by the Kansas bar and the appointment committee dominated by members of the bar.

    The family ties that Justice Allegrucci has to the Sebelius administration indicate that he should recuse himself in the name of impartiality from the school finance litigation as called out by the court’s own canon and rules. Justice Allegrucci’s continued participation in this school finance lawsuit raises a host of troubling ethical problems about judicial impartiality with his family ties to Governor Sebelius’ administration.

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  • Because Government Should Have Accountability

    Because Government Should Have Accountability
    Paul M. Weyrich, Chairman and CEO of the Free Congress Foundation (Click here to read the article.)

    In an article from The Wichita Eagle published on May 3, 2005 titled “Ice rink figures don’t add up, records show” we find this quote: “Ice Sports Wichita has been on a downward slide longer than the city staff admits in a report the City Council is scheduled to act on today, records show.” These records were obtained through a request filed under the Kansas Open Records act. My understanding of this news story is that City of Wichita staff has been misleading everyone — including the mayor and city council — about the true state of the ice rink’s financial affairs. If not for the reporters who obtained the records, this deception might be continuing.

    The commentary by Paul M. Weyrich referenced above contains examples of where the Federal Freedom of information Act has been used to uncover governmental misdeeds. The article also mentions a bill titled the OPEN Government Act, designed to “ensure that government acts promptly and efficiently in responding to FOIA requests.”

  • Revolving Door Between Press and Government Turns Again

    Mr. Van Williams, Wichita Eagle city hall reporter for the past three years, will become Wichita’s public information coordinator.

    I believe there needs to be a tension between the press and the government officials it covers. The press needs to hold officials accountable. It needs to dig deep to uncover facts officials don’t voluntarily concede. It needs to ask them tough questions. It needs to make them angry from time to time.

    Would the City of Wichita hire someone who had been doing that?

  • Wichita City Council Meeting, April 19, 2005

    Some quotes and my remarks from the April 19, 2005 meeting of the Wichita City Council, where the AirTran subsidy was considered. Representatives from Delta attended and spoke.

    Allen Bell, Economic Development Director for the City of Wichita:

    Previous contracts had a dollar amount cap on them. The new contact, we refer to it as a no-cap contract. There is not, in the terms of the agreement, a specific dollar amount that is the not-to-exceed amount. In place of that there is a termination clause that allows the City to terminate its contract with 75 days notice for whatever reason. And the reason, of course, the major reason, would be that we know that within that 75 days, we will deplete the funds that the City believes is appropriate to spend on this.

    I was startled to hear this information, that the new contract has no dollar cap, as this has not been, in my memory, reported. It has been reported that AirTran sought a no-cap contract, but that Wichita would not agree to that. But it turns out that the city has agreed to what, in effect, is a no-cap contract. Yes, I believe Mr. Bell when he says that Wichita can cancel the contract, with notice, if the city believes it will spend more than the $2.5 million it has committed to. I would submit, however, that if the City spends the $2.5 million and realizes it needs to spend more to keep AirTran in town, the City Council would vote to do so. Therefore, the no-cap contract is in effect.

    Councilmember Schlapp extracted an admission from the Delta representative that Delta is not profitable on the Wichita route now, but they believe they will be soon. Ms. Schlapp concluded that there is no need, then, for a subsidy to Delta.

    Mayor Mayans said we have been discriminated against, rate-wise.

    Mayor Mayans: “Many of us, actually, are opposed philosophically to government interventions, because we feel that sometimes tilts the playing field.” The Mayor says one thing, but acts in a different way. What good is it to have a philosophical belief if it doesn’t guide your actions?

    Mayor Mayans and the Delta representative disagreed on who made telephone calls to whom and at what time. (Mayor Mayans: “So you didn’t call me back!” “Communications is a two way street!” Delta: “My recollection of it differs slightly from yours.” “I don’t recall it was my responsibility to get back to you.”) It is disheartening to realize that major public policy decisions may be made based on incomplete information, because someone didn’t get a telephone message.

    Councilmember Martz:

    “I guess to me, when I look at competition, if you’re losing money, then you ought to raise your rates enough so that you’re not losing money.”

    “I’m a firm believer in competition.”

    “I would prefer not having any financial help from the city, but rather through pure competition, all carriers reduce their rates to a level that they number one, can make a profit, at the same time make it economical for the citizens of the whole state of Kansas to be able to fly in and out of Wichita …”

    Like the mayor, Mr. Martz says one thing but acts in a different manner. His advice to airlines on how to set their fares is misplaced. We have to assume that businesses act in their best interests, and let it go at that.

    Sam Williams, Chairman of Fair Fares, who evidently is so well-known to Council members that he doesn’t introduce himself when he started to speak:

    “You know, Kansas in 1861 became a very important state in the history of this country, just before we went into the great dark area of the civil war. You know, we were a key state. What we did at that time had a lot to do with what happened and where we went from there. I would submit that little old Wichita, Kansas is doing that to the airline industry right now. Because of your vision, you are looking at different ways to bring fair pricing in an industry that is kind of broken, in getting them to look at themselves, us to look at ourselves, and how can we partner together to do this. Kansas again is a key, integral part of a change in this country.”

    First, to equate our state’s role in the civil war with subsidizing an airline is ludicrous. Second, I feel very sad that Kansas may become the leader in subsidies, and that business leaders applaud this. Mr. Williams, I would ask you if you would welcome a governmental body deciding whether the rates that your business charges are fair, and if not fair, subsidizing your competitor?

  • I, Pencil

    I, Pencil
    Leonard E. Read (Click here to read the article.)

    Do you think there exists a single person who knows how to make a lead pencil? In this article, Mr. Read shows us how there is no one who knows even a small fraction of what is necessary to produce even this simple, everyday item.

    How, then, does a lead pencil come to be manufactured? Through the uncoordinated actions of many people, each exchanging their own small amount of knowledge for something else they want.

    The absence of a master mind, of anyone dictating or forcibly directing these countless actions which bring me into being. No trace of such a person can be found. Instead, we find the Invisible Hand at work. This is the mystery to which I earlier referred.

    Later on we read this:

    the configuration of creative human energies–millions of tiny know-hows configurating naturally and spontaneously in response to human necessity and desire and in the absence of any human master-minding! Since only God can make a tree, I insist that only God could make me. Man can no more direct these millions of know-hows to bring me into being than he can put molecules together to create a tree.

    It is free expression of creative human energy that makes economies work at their maximum potential. Attempts by governments to interfere are bound to fail, as even the coordination of the production of a simple lead pencil is beyond the comprehension of any single person, agency, or computer program.

  • The miracle and morality of the market

    The Miracle and Morality of the Market
    Richard M. Ebeling (Click here to read the article.)

    In this short article we learn the simple mechanism that makes our economy work so well. Interference with that mechanism is not only harmful, it is immoral.

    Prices convey the information that we need to make our economy work. Here is why:

    How are the activities of an increasingly larger group of individuals successfully coordinated, so that all the multitudes of demands and supplies are brought into balance and harmony? The Austrian economist and Nobel Laureate Friedrich Hayek showed how all of the knowledge and information in society can be encapsulated in the price system of the free-market economy. In our roles as both consumers and producers we communicate to one another what we think goods, resources, capital, and labor services are worth to us in their various and competing uses through the prices we are willing to pay for them. These “price signals” serve as the means for all of us to decide and coordinate what we want and are willing to do together with other members of society.

    Because of the information conveyed by prices, is not necessary for a government to rule over the economy to cause it to function properly. In fact, government intervention in the economy is harmful, because the market is so complex that it is impossible to guide effectively.

    The moral dimension of the market refers to how in a free society, people enter into transactions freely, choosing those that they believe will benefit them:

    There are none who are only masters and others who are simply servants. In the market society we are all both servants and masters, but without either force or its threat. In our roles as producers … be it as men who hire out our labor for wages, resource owners who rent out or sell our property for a price, or entrepreneurs who direct production for anticipated profits … we serve our fellow men in attempting to make the products and provide the services we think they may be willing and interested in buying from us.

    Yet we know there are those who wish to interfere with the working of a free market through various means. All attempts to do this reduce the amount of liberty we are able to experience.

    Too many want to dictate how others may make a living, or at what price and under what terms they may peacefully and voluntarily interact with their fellow human beings for purposes of mutual material, cultural, and spiritual betterment.

    Often the concept of free markets is viewed as contrary to a moral society. Those who advocate government programs to make us better off are portrayed as noble, virtuous, and smarter than the rest of us. This article shows us that they are not that at all — they are immoral. Why? Almost all these programs forcibly take money from one person and give it to another to whom it does not belong. There is no moral right for anyone or any government to do that, no matter how noble the cause appears.

  • Kansas Attorney General Has it Right

    TOPEKA — Alan Cobb, director of the Kansas chapter of the Americans for Prosperity Foundation, today released the following statement in response to the briefs filed in the State vs. Montoy case currently before the Kansas Supreme Court:

    “As questions and concerns swirl about whether or not the Kansas Supreme Court can order a statewide tax increase, we applaud Kansas Attorney General Phill Kline for putting this issue to rest.

    In a brief filed yesterday with the court and in response to questions from reporters, AG Kline said clearly that the Kansas Supreme Court does not have the authority to impose taxes or raises the current level of taxation.

    From the summary of the brief filed by the Attorney General:

    “The Kansas Constitution Prohibits the Supreme Court from Raising Taxes and Prohibits any Expenditure from the State General Fund from Occurring Unless Authorized by Laws Passed by the Legislature.” (emphasis added)

    The bottom line is that the Legislature has the responsibility to tax and to fund schools appropriately. They’ve met that burden.

    The Kansas Legislature and the Attorney General understand that our state’s taxpayers suffer the 15th worst state and local tax burden in the nation as a percentage of income. That’s an even heavier tax burden than citizens in the notoriously high-tax states of California and Massachusetts must carry! Also, our ranking this year is twice as bad as it was 20 years ago, when we ranked a much better 31st.

    “The short-term solution to over-taxation in Kansas is for the legislature to continue rejecting any and all proposed tax increases, and the long-term solution is the Taxpayer’s Bill of Rights. If Kansas had implemented a Taxpayer’s Bill of Rights in 1992, taxpayers would have received $1.1 billion in tax rebates and reductions and we would have squirreled away $1.4 billion in Rainy Day funds that would have offset the budget shortfalls that occurred during the recent economic downturn. And Kansas taxpayers would have a little more money in their pockets as they file their taxes this week.”

  • Book review: Knightfall

    Knightfall: Knight Ridder and How the Erosion of Newspaper Journalism Is Putting Democracy At Risk

    Davis Merritt
    Amacom Books, 2005

    The theme of this book, written by a former editor of The Wichita Eagle is that over the past few decades, the business of making newspapers has changed from a business unlike any other to a business just like all others, and we are not well served by this change.

    I think the most important quote from the book is this:

    With a handful of exceptions, American newspapers are being eroded, their traditional values subverted, their journalistic resources stripped away, their dedication to public service and local communities hallowed out, leaving a thin shell of public relations gimmicks that pretend to be public service and entertainment that pretends to be news.

    Newspapers are important. They provide the common set of information that we, as a democracy, can use to work through the issues that face us. Although most people now get news from television and Internet sources, the basis for much of this news content is newspapers.

    How is newspaper journalism different from journalism that happens to be in a newspaper? The answer is that newspaper journalism is “not shaped by a limiting technology,” such as a television broadcast; it values completeness over immediacy, it is lengthier and deeper than other sources of journalism, its goal is relevance rather than entertainment, and opinion and analysis is presented separately from news.

    What has changed?

    External changes have worked against newspapers. The baby boomer generation has not read newspapers with the same frequency as their parents. The fact that most newspapers are now publicly owned means that Wall Street pushes for ever-increasing profits. Newspapers, Mr. Merritt says, are a long-term investment and don’t fare well in today’s short-term investment climate. Technology changes, including the Internet, have been difficult for newspapers to adapt to.

    Internal changes have occurred, too. The “creeping corporatism” of the national chains such as Knight Ridder has distanced newspapers from their local communities. The rise of Management By Objective (MBO) in the newsroom has caused editors to make journalistically unwise decisions. Finally, and perhaps most importantly, the wall that has separated the journalism side from the business side of the newspaper business has all but crumbled.

    Is there a solution on the horizon that will bring back the great tradition of newspaper journalism across America? Mr. Merritt presents several possible solutions, but I have the sense that he doesn’t place much hope that any will succeed in the near future.

    I recommend this book to anyone who wants to understand newspapers and their important role in our country.

    Reading this book has helped me understand why our local newspaper is the way it is, which is to say I understand why it so poorly serves our community. It also reinforces my belief that I should spend less time watching television news and spend more time reading the important newspapers of our country: The Wall Street Journal, The New York Times, The Washington Post, The Los Angeles Times, and The Christian Science Monitor. All these newspapers place their content on the Internet through their web sites. The Wall Street Journal costs $6.95 monthly, but the other newspapers are free to read, although you may have to register.

    Links to material about this book: Publisher’s page with excerpt, excerpt at Poynter, excerpt at Authorviews.com.