TOPEKA—Chief Judge Rene Young of the 28th judicial district has been appointed to sit with the Kansas Supreme Court to hear oral arguments in one case on the court's 9 a.m. docket Wednesday, October 28.
After hearing oral arguments, Young will join Supreme Court justices in their deliberations and opinion drafting.
"I am so glad that Chief Judge Young is taking time from her duties in the 28th judicial district to sit with the Supreme Court," said Chief Justice Lawton R. Nuss. "It's a great help to our court and we look forward to her contributions deliberating this case."
Since January 2015, Young has served as chief judge of the 28th judicial district, which is made up of Saline and Ottawa counties. She has been a district court judge since 2006.
"I look forward to the opportunity to sit with the Kansas Supreme Court," Young said. "I consider it an honor to serve in this capacity."
Before becoming a judge, Young practiced law in Salina for 20 years. She is a graduate of Washburn University School of Law. Prior to attending law school, Young worked as a registered nurse in the intensive care unit at Asbury Hospital.
All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! link in the right-hand column of the Kansas Judicial Branch website at www.kscourts.org.
The case Young will hear is the last one scheduled on the Supreme Court's 9 a.m. docket Wednesday, October 28:
Appeal No. 109,367: Carol Einsel v. Rodney Einsel, et al.
Comanche County: (Petition for Review) Carol and Rodney Einsel divorced in 1994 and the Ellis County District Court awarded Carol 40 percent of a remainder interest in certain real estate that Rodney had received by inheritance during the marriage. Carol later filed a partition action in Comanche County alleging that the award entitled her to 40 percent of Rodney's interest in the real property as opposed to a money judgment for the value of the real estate. The district court denied Carol's request for partition. Carol appealed to the Court of Appeals, claiming the district court erred in interpreting the Ellis County award. The Court of Appeals agreed and reversed and remanded the case with directions to the district court to grant Carol relief on her claim for partition as set forth in her petition. The Supreme Court granted Rodney's petition for review.
The issues on review are whether the district court's ruling that Carol received a monetary judgment in the 1994 divorce, not an ownership interest in real estate Rodney acquired from his father's estate, is supported by the evidence and whether the Court of Appeals erred in reversing the district court judgment. The Supreme Court will also review whether the Court of Appeals must be reversed to save Rodney's right to present defenses under K.S.A. 60-1003(d) and to correct an error in fractional property shares alleged in Carol's petition.