Here’s a bipartisan win for Kansas defendants’ dignity and public safety | Opinion
In these partisan times, it can feel like there’s little we agree on. But it turns out there are a few things we all still want: that those who break the law are held accountable, that those who need help receive it, and that everyday spaces — such as sidewalks and convenience stores — are safe and usable for everyone.
Working together, we found a small but meaningful change that moves us closer to those shared goals.
A few years ago, a couple Overland Park City Council members sat down for lunch with our municipal court judges. The judges talked about how they balance compassion with accountability in their courtroom and prioritize keeping the community safe. They shared a gap in the system that was wasting resources and making it harder to keep communities across Kansas safe.
In municipal courts, judges see individuals charged with low-level offenses such as trespassing, disorderly conduct and similar misdemeanors — passing out inside a shop, for example. In some cases, judges believe the person is not competent to stand trial because of mental illness or other challenges. But under Kansas law, municipal judges had no authority to order a competency evaluation.
That left judges with only one choice. Since the accused in these cases could not meaningfully participate in their own defense, the judges had to release them, without holding them accountable nor providing the services and support they needed.
Too often, the result was a revolving door. Individuals would return again and again, cycling through the same interactions with the public, law enforcement and the courts. They weren’t getting the help they needed. Meanwhile, communities experienced repeated disruptions. It was frustrating for everyone and a poor use of public resources.
This wasn’t a partisan issue. It was a practical issue, and a human one.
That initial conversation set something in motion. Council member Melissa Cheatham connected state Sen. Ethan Corson, who represents parts of Overland Park, with the presiding court judge. Together, they began working on a legislative solution. The goal was straightforward: Give municipal judges the ability to order a competency evaluation when appropriate, the same basic tool available in other courts.
The Kansas Senate Judiciary Committee introduced the first version of the bill in 2024, and state Sen. Kellie Warren, the committee chair, prioritized the bill for consideration. As often happens with thoughtful policymaking, the initial hearing raised important questions from cities across Kansas. Rather than rush forward, lawmakers and stakeholders chose to slow down and get it right.
State Sen. Warren referred the bill to the Kansas Judicial Council, where legal experts, including a judge from Overland Park’s municipal court, worked together to refine its language. The result was a proposal designed to work in communities of all shapes and sizes.
That collaborative effort paid off.
This session, the bill returned to the Kansas Legislature, where three of four Judiciary Committee leaders represent parts of Overland Park. It passed unanimously in both the state House and Senate and Gov. Laura Kelly signed the bill earlier this month.
It’s a better outcome for everyone involved. Defendants in crisis will have a chance to get help. Our police and courts won’t waste tax dollars on repeat offenders. Our communities and public spaces will be safer by addressing the root causes of disturbances.
In name, this legislation concerns the competency of defendants. We like to think it’s also about the competency of the people you elect to serve. Politics doesn’t have to be about bombast and division. This quiet, in-the-weeds policymaking is what good government looks like. And the good news is, there’s more of it happening than you might realize.
Kellie Warren represents parts of Leawood and Overland Park in the Kansas Senate. She is chair of the Senate Judiciary Committee. Melissa Cheatham is the Overland Park City Council president.