


Heartland Rural Electric Cooperative is adding solar power to its business.
“All of Heartland’s consumer-members will benefit from the two solar arrays that we are building,” Ron Graber, Heartland’s Director of Member Service andCommunication said.
The electric cooperative is joining with 11 other Kansas rural electric cooperatives to invest in 20 Megawatts of solar power to be built across the state, and power 80,000 homes across rural Kansas, according to a press release from Heartland.
“Even though the solar arrays will directly feed only two of our 17 substations, the arrays will provide affordable power that helps us keep power costs low for everyone,” Graber said. “In addition, the arrays are being designed to produce power during peak hours late in the day. That peak usage plays a big part in the price the co-op pays for power. So lowering that peak use will help us manage overall power costs for everyone.”
The solar panels will reduce the business’s amount of greenhouse gases and specifically carbon dioxide emitted.
“Because solar power is renewable and carbon-free, building these two arrays helps us reduce our carbon footprint, and that helps everyone,” Graber said.
Heartland’s portion of the project consists of two solar arrays of 1 Megawatt each, according to the press release. Preliminary work has already begun on the two tracts of land purchased by Heartland for the project. Groundbreaking was held on Tuesday, December 8. Construction should be completed by June of 2021.
One Heartland 1-MW array will be located in Crawford County, just west of Girard near Greenbush along Highway 47, according to the press release. The second Heartland 1-MW solar array will be built in Neosho County between Erie and Chanute along 160th Road (Shaw Road.)
The two Heartland solar arrays, and the 18 other arrays in Kansas, will all be built and owned by Today’s Power Inc, a North Little Rock-based company established by rural electric cooperatives in Arkansas, according to the press release. Today’s Power Inc. has successfully installed more than 25 solar projects totaling more than 40 Megawatts over the last five years in Arkansas, Oklahoma and Tennessee. Heartland has signed a purchased-power-agreement with Today’s Power Inc. to buy the solar energy produced by the two arrays for the next 25 years.
This opportunity began when the wholesale power contract between all participating cooperatives and their forward-thinking generation and transmission cooperative, Kansas Electric Power Cooperative, was recently modified to provide Kansas electric cooperatives with the ability to self-procure up to 15 percent of peak demand – with 5 percent of that amount specifically allowing for the addition of solar, according to the press release.
By joining together in the Kansas Cooperative Sun Power Program, all of the participating Kansas rural electric cooperatives were able to negotiate very competitive long-term pricing, according to the press release. In addition, the solar arrays will be customized in the design process to maximize output during the cooperative’s peak demand hours, when power is most expensive. These factors will all help Heartland control power costs and keep power affordable for those served at the cooperative’s 11,200 service locations.
Heartland currently has more than 60 members with almost 700KW of solar panels installed on their own property, according to the press release.
Heartland Rural Electric Cooperative provides power to more than 11,000 locations in Southeast and Central Eastern Kansas, according to the press release. Heartland’s service area includes consumer-members in 12 counties, including Allen, Anderson, Bourbon, Cherokee, Coffey, Crawford, Labette, Linn, Miami, Neosho, Wilson, and Woodson counties. Heartland REC traces its roots back to three original rural electric cooperatives, Cooperative Electric Power & Light Company, Sugar Valley Electric Cooperative Association, (which came together to form United Electric Cooperative in 1975) and Sekan Electric Cooperative Association (which combined to become Heartland in 1996.)

Childcare during the COVID-19 Pandemic has been essential for working parents.
Imagination Station Daycare, 678 Maple Rd., has received SPARK funds to update the daycare’s worn flooring, which helps with cleaning and keeping the daycare healthier, Marla Oharah, owner and operator said.
Oharah was one of over one-hundred Bourbon County businesses who applied for the SPARKS grant in July 2020.
” I applied for $25,000 and was awarded $17,500,” she said. “Two projects were identified on the application that would qualify for helping reduce the effects of COVID along with some administrative cost.”

“Receiving only part of the requested grant, I was only able to complete one project,” she said. “I chose to replace the extremely worn floor covering in my 3,400 square-foot facility to help with keeping the daycare’s environment clean and virus free. The grant was awarded in September. The floor covering was purchased in mid-September and installed in mid-November. At the same time, I also replaced a worn water heater that wasn’t working properly and purchased/replaced a new carpet cleaner at my own expense.”

“The grant was very much needed and appreciated,” Oharah said. “The kids at the daycare love the new carpet and I appreciate the new carpet and hard vinyl plank floor covering for the ease of keeping the center environment cleaner and healthier.”
Marla and her husband, Lynne, purchased the daycare business in 2006 and have operated the facility as a Kansas State Licensed Child Care Center since.
“Child care is a business that is in demand and does fill a need of parents needing a quality place to have their children cared for,” she said. “I fill the need to provide safe, loving and learning service to the community.”
“We were closed for a very short time when COVID19 first was declared a pandemic and most of our clients had to honor the stay at home order,” Marla said. “Even though our numbers were greatly reduced I reopened in hopes that the children would return.”
About SPARK
The Strengthening People and Revitalizing Kansas (SPARK) Taskforce is charged with leading Kansas forward in recovery from the far-reaching effects of COVID-19 and is responsible for the statewide distribution of the federal coronavirus relief fund, according to its website.

The new grocery store in downtown Fort Scott is progressing.
“Lots of things have fallen into place really well and a few things have been a struggle due to long lead times due to COVID-related manufacturing delays,” said Bill Michaud, of BAJA Investment, the owner. “The most significant delays have been the mechanical components for the refrigerators and freezers. The final pieces of the equipment order won’t be arriving until January 4th.”
This sets the opening back a little.
“Before this delay, we had anticipated opening Dec 29th but because of this delay we now expect to open either January 8 or 11,” Michaud said. “The final decision on the actual opening date will be made as we get closer.”
Store hours will be 8 am – 8 p.m. Monday through Saturday and 9 am – 6 pm on Sunday.
“We will offer online ordering,” he said. ” Our website is still under development, but we will be activating our Facebook page in the next day or two.”
The store has a name and it was inspired by a downtown mural.
“The store name will be the Star Emporium Downtown General Store,” Michaud said.
This name was inspired by a mural on Skubitz Plaza on the north side of a building facing the Fort Scott National Historic Site.
“While we know that the original Star Emporium was a clothing store, the mural boasts that the Star Emporium was ‘the most unique shop in the land of oz’,” Michaud said. “We believe this store will be unique and serve a broad base of community needs.”
Products at the store will evolve, he said. Currently, they range from budget-conscious to specialty label food items.
“We will offer a very broad range of products ranging from budget-focused brands all the way to very high-quality specialty and private label products that people can’t get anywhere other than our store,” Michaud said. ” We understand people need to stretch their food dollar in these tough times so we are going to be very value-conscious in our pricing. We recognize that our product offering is going to evolve to suit the needs of our customers.”
Local producers and suppliers will feed into the store.
“In addition to recognized branded products we are also working with a variety of small local producers and suppliers including Bourbon County beef from Bronson Locker, several local produce growers, Good Natured Family Farms. We hope to continue to develop additional partnerships as we go along and continually adapt to the needs of our customer base.”
“In addition to our produce co-op and grocery options the store will also feature a large salad bar and deli which will also utilize as many fresh local ingredients as are available,” he said. ” The deli menu will be seasonal and offer 5 – 6 rotational feature sandwiches, wraps, and specialty items.”
Food insecurity is addressed in the venture.
“While the grocery store and deli will provide sustainability for our operation, one of the driving factors behind the community need for the store was the food insecurity and need for community-based food distribution programs,” Michaud said. ” We have reached an agreement with the Community Health Center of Southeast Kansas to provide food storage space to expand the food distribution and delivery programs they currently offer in Crawford County into Fort Scott. These services will also begin in January.”
BAJA Investments was granted SPARK funds for $450.000 for the project. SPARK grants were a part of the monies given Kansas from the federal government to help with the on-going effects of COVID-19.

The second floor of the building houses the offices of B-WERC.
B-WERC is a multi-partner collaboration of the Bourbon County Commission, the Kansas Small Business Development Center, Southeast KANSASWORKS, Fort Scott Community College, the Healthy Bourbon County Action Team, the Fort Scott Area Chamber of Commerce, and BAJA Investments. The center focuses on growing and sustaining businesses, connecting jobs, and serving people.
The B-WERC program is funded through the Federal Cares Act Relief, dispersed to the county from the state in SPARK Phase 1, to address current and immediate COVID related needs. These include assisting businesses, encouraging economic activity, and addressing unemployment, according to Jody Hoener, spokesperson for the program in Bourbon County.

Vandalism occurred at an Ellis Park playhouse for children sometime between Dec. 11 and 12.
“I discovered it on Saturday afternoon. I went there to get measurements to make roof repairs,” said Seth Needham, an organizer of the Citizens for Park Improvement group. “We assumed the original damage to the roof was wind damage.”
However, Needham heard from multiple people that some kids were bragging to their friends about tearing up the roof several weeks ago.
“Friday night they just finished what they started,” he said. “It also sounds like they may be responsible for the damage to the picnic tables, but there is no way to verify that because it’s hearsay.”
Needham also just recently became a member of the newly formed Fort Scott Park Advisory Board, organized by the city commission.
The FS Public Works Director Chad Brown did not want to comment on this particular case at Ellis Park since it is still being investigated, he said.
“But vandalism is a problem in our world, not just in Fort Scott but everywhere,” Brown said. ” Vandalism costs the taxpayers on so many levels you often have to wonder if the cost of having or re-building these things is worth it. Here in Fort Scott, we do not have much to begin with, so we as a community need to make sure that we are trying to take care of the amenities that we do have.”
Brown said the city is working to add security to the parks.
“In the future, we will be installing security cameras at various locations across the parks and other areas to make sure we can keep these things in as good a shape as we can and hopefully prevent this type of activity in the future,” Brown said.





A local non-profit group was reorganized this fall and is seeking ways to consolidate public services in the county to save money.
The Bourbon County Economic Development Council, BEDCO, has been around for 28 years. But recently the 501c-3 non-profit organization has been “reconstituted”, according to Gregg Motley, president of the group.
Incorporated towns in the county, and entities such as school districts were asked to provide a representative to the council.
They had their first meeting as a new council on Oct. 22.
“At that first meeting, several communities hadn’t finalized their choice of representation,” Motley said.
They met again in November, then last week.
Motley was chosen as the president of BEDCO on Dec. 3. At that time Jim Fewins was selected as vice president and Mary Pemberton as treasurer.
“No one as yet has taken the secretary position, I am doing double duty,” Motley said.
Following the Dec. 3 meeting, “Assignments were given,” Motley said. “We won’t meet again until January. There is a lot of work behind the scenes in those assignments to be completed.”
BEDCO in the past
Representing the Fort Scott Chamber of Commerce, Motley was a member of the group before it was “reconstituted”, along with current members Fort Scott City Commissioner Randy Nichols and Bourbon County Commissioner Lynn Oharah.
“The focus had narrowed,” Motley said. “We wanted broader representation and focus in the county. They had become focused on the industrial park in Fort Scott.”
BEDCO in the future
A committee was formed earlier in the year, led by Mark McCoy.
“What was left of BEDCO considered consolidating services in the county and they formed a committee to look into it,” Motley said.
“We discovered a lot of distrust between the rural and city populations,” Motley said. “Our conclusion was it’s not possible to look at consolidating government, but could look at consolidating services.”
“We talked to people around the county who observed there was a duplication of economic development directors,” he said. “The City of Fort Scott and Bourbon County Commission both had economic directors. Our committee suggested we start there, to serve all the county.”
Consolidation of the economic development directors would include sharing of costs and reducing overall investment, he said.
“More effort, less money,” Motley said.
“Economic development would be consolidated into one position and employed by BEDCO,” he said. “We would hire that person and there would be an office. We are going to take our time. We are close to having a job description and a human resource routine for that position.”
Not all on board
The Bourbon County Commissioners agreed to buy-in on the idea by appropriating money to a future position and eliminating their economic director’s position when that happens, Motley said.
“The City of Fort Scott has not taken up the issue,” Motley said. “It did not appear they had any interest in giving up their economic director position. My hope is they will get behind this effort.”
Following is a list of the current BEDCO members:
Lynne Oharah, Randy Nichols, Jess Ervin, Mike Blevins, Michael Stewart, Mary Pemberton, Misty Adams, Ted Hessong, Bret Howard, Jim Fewins, Gregg Motley, Mark McCoy, and Heather Davis.
December 1, 2020 Tuesday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Also present were the following, (some were present for a portion of the meeting, some were present for the entire meeting) Jason Silvers with the Fort Scott Tribune,
Clint and Rachel Walker, Jessie Walker, Anne Dare, Mark McCoy and Dale Arnold.
Eric Bailey met with the Commissioners; the Commissioners told Eric Bailey to contact KCAMP regarding applying for the $2,000 grant to be used for the repair of a tarp used on the hauling trucks.
Eric Bailey said there are 17 bridges due for inspection; he said Schwab Eaton will provide a proposal for the inspections. He said he would talk to them about the needed repairs for a bridge North on 69 Highway.
Eric said he has asked a contractor to give a quote on repairs for a guardrail south of Soldier Road on the old highway that was damaged in a hit and run accident.
Jeff Fischer said he would provide Eric Bailey contact information for the Federal Fund Exchange Program so that he can apply for grant money for the blasting work that was done at the Shepherds Quarry.
Eric reported that there may be a landowner contact the Commissioners regarding a road that has been closed at 45th & Unique; he said they may be coming to re-open the road since their property is landlocked.
Eric said that Phoenix Coal Company has petitioned to close out their mining operation; he said Phoenix Coal had 4-6”of gravel placed on the road in the area, Eric said it appears there are ditches in the area and said that portion of the road is better than the portion going south of there, he felt the road met or exceeded the requirements; Justin Meeks said he had reviewed the release for Phoenix Coal Company. Jeff made a motion to sign the release for Phoenix Coal Company (regarding an area on 260th) and said they had met the contractual requirement, Clifton seconded the motion and all approved and Lynne signed the release.
Eric reported that the exhaust manifold had cracked on a dozer; he said he is trying to find someone to weld this; he thanked the City of Fort Scott public works department for diagnosing what the problem was.
Eric reported they had cross trained an employee from the quarry to do grader work. Jeff suggested using the gravel road maintenance manual as a reference for the road grader operators.
Eric said the beavers had built dams in the culverts at Range and 235th; he said the City of Fort Scott helped blow open the culvert pipes. Jeff described a process that could be used to remove blockages in the culverts; Lynne said a lot of the culverts are blocked due to a lack of ditches.
Jeff made a motion to go into a 7 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, the session will be located in the old I/T office and the Commissioners will convene back in the Commission room when the session is over, Clifton seconded and all approved, (the session included the Commissioners, Eric Bailey and Justin Meeks). Jeff made a motion to go back into session, Clifton seconded and all approved.
Lynne reported that the road is a mess (due to clay in the road) on 95th south of Soldier Road; Eric Bailey said due to the way the fiber optic was installed in the road, this will be an ongoing issue. Jeff suggested re-visiting the right-of-way policy and to have a bond in place prior to someone doing work on a County road; Eric said we already have this requirement, but said we will need to hold the companies accountable for this.
Eric said they have a grader broken down.
Monica Murnan (by phone) met with the Commissioners regarding the Spark grant funds. Lynne said there will be $11,815 leftover funds that will need to be allocated, he said it was suggested to use these funds for contact tracing, Jeff said USD234 requested a contact tracer and said two people had been hired to do contact tracing. Jeff said Tri-Valley had requested $5,900 in Spark funds, it was stated that the County I/T could use the funds for a broadband project. Monica said she was hesitant to bring in an entity that didn’t go through the original application process, (she said Tri-Valley did not go through the original application or MOU process), she said the original process was very transparent. Monica said the Health Department’s request is a direct COVID expense, Rebecca Johnson from the Health Department said they could also use funds for the COVID vaccination process. Jeff made a motion that the $11,815.57 be assigned to the SEK Multi County Health Department for the purpose of contract tracing (both payroll and supplies needed for contact tracing) due to COVID, Clifton seconded and all approved. Monica said there is still approximately $40,000 remaining of the appropriated money to Greenbush for administrative fees; she felt they should let William Wallis use this money to purchase COVID PPE supplies. Clifton made a motion that the remainder of the administrative funds be directed towards William Wallis for PPE, Jeff seconded and all approved. Monica said they are still trying to gather approximately $1 million worth of receipts from Spark grant recipients’.
Jessie Walker met with the Commissioners regarding Unique Road west of 95th; he said he met with the Commissioners a few years ago where they discussed if it was an open or closed road. He said a few years ago the County bladed the road and provided the Commissioners with a case from the Supreme Court where there was a ruling that if a road had been maintained by a County then it would be required to be an open road, but said that didn’t mean they would have to keep the road maintained. Mr. Walker asked that the road be graded or maintained a few times each year. Justin Meeks said they started this process two years ago and said in 1986 the County re-did their maps, he said they have a lot of roads that they were unsure of if they were vacated or not. Justin said in 1986, there were public hearings held about roads that were opened or closed. Justin said they are looking for a Resolution from 1986 and said then the Commissioners can decide whether or not to maintain the roads. Mr. Walker said he had a load of gravel put on this road and asked what his liability was for doing this. Justin said there is a process to petition to have a closed road opened.
The Commissioners discussed the OMNI lockbox option; Justin said adding a new endeavor would create a new universal position and that position could do the work regarding a new building, accounts receivable and budgets, HR director functions, business management, medical mall; Jeff said OMNI had been contracted to do the EMS billing, but said the universal position could possibly do the billing. Lynne made a motion that he be allowed to work with Justin Meeks to come up with a comprehensive list of items for this job description, Jeff seconded and all approved. The Commissioners recently hired a 1099 person to do the EMS receivables. Lynne said they could identify different areas where they could save money by hiring a universal employee.
The Commissioners discussed the holiday gift cards for County employees; Jeff said he had received feedback that employees were in favor of supporting local businesses, Lora Holdridge said getting Chamber Bucks helps local businesses and helps the Chamber. Jeff made a motion to select Chamber Bucks for the holiday gift cards, and that each employee (non-elected, elected, part-time and full-time, with the exception of the Commissioners) receive $25 worth of Chamber Bucks, Clifton seconded and all approved.
The Commissioners discussed the proposed longevity pay; Jeff said the County currently has longevity pay plan, he said some employees have worked for the County more than one time, he suggested taking the prior service time and combining it with current service to come up with the total years of service. Jeff suggested doing $100/year for year 5 and on. $51,000 has been budgeted for 2020 for the one-time longevity pay. Jeff said this is a one-time payout, but said if the County could afford it in future years it could be paid out with each paycheck. Bobby Reed questioned if the employees would still receive their current longevity pay; the Commissioner said yes, Bobby asked if department heads came to the Commissioners with future budget requests asking for a wage increase for employees if they would be told they were given longevity pay instead of a raise; Lynne said the discussion of the longevity pay instead of a wage increase was never discussed. Jeff made a motion to do a one-time longevity payout, in addition to the current longevity pay, of $100/year of service beginning at year 5 with the effective date of 12/31/2020, excluding elected officials, (5 years of service as of 12/31/2020 = a one-time $500 longevity payout) to be paid by 12/31/2020 on a separate check and to include prior years of service, Clifton seconded, it was stated that an elected official doesn’t qualify, but if in the future they came back to work for the County as a non-elected employee, they would have elected and non-elected years of service combined, all approved the motion.
Clifton made a motion to go into a 20 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, and reconvene in the Commission room, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.
Clifton made a motion to go into a 24 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, and reconvene in the Commission room, Lynne seconded and all approved, (the session included the Commissioners and Justin Meeks). Clifton made a motion to go back into session, Jeff seconded and all approved.
Lynne made a motion to amend the agenda to discuss department head salaries, Clifton seconded and all approved. Lynne said the 2021budget included raises for two employees in the Correctional Center and for the I/T department, he said they needed to do a salary resolution for the increases. Lynne made a motion to give the two employees in the Correctional Center (major and captain positions) a 10% increase and to give the I/T person a $10,000 raise in 2021, Clifton seconded and all approved. Lynne said these positions weren’t given a raise last time and said they had given the I/T person a lot more responsibility and said they expect that job function to increase.
At 12:16, Clifton made a motion to adjourn, Jeff seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Clifton Beth, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
December 8, 2020, Approved Date

“We are blessed so that we will bless others.”
Jenn, a mutual fund expert, teared up when sharing that phrase that she had heard from a Colorado pastor. “Which is why we are here.”
I was in Kansas City for a workday to begin cleaning up a strip of buildings being converted to a shelter for prostitutes/trafficked women. For several months, my son, Adam, and his family have been involved with others like Jenn and her husband, Jared, in procuring a house to serve as a safe home for these women to be “loved on.” Just when they thought they had found the perfect place, doors would close and they would start searching again.
That’s when Jenn and Jared begin driving around Kansas City’s roughest neighborhoods where they observed prostitutes working. They wanted their facility to be in the heart of that area, so when they saw a “For Sale” sign on a group of dilapidated buildings, they got excited. A tour of the stores and apartments above reeked of danger, as floors were falling in and little was salvageable. To the trafficking team, it was loaded with potential, an opportunity for God to work.
Jenn spoke to me of the time when she and Jared were in front of their new purchase and watched a decked-out truck pull up to the curb; the driver kicked (literally) a woman onto the sidewalk, her pants around her ankles. A twelve-year old neighbor boy saw her lying there, battered and bruised, and ran inside his house to grab a blanket to cover her. She became one of the first people tended to and loved on by the young couple–confirmation to Jenn that God was blessing their dream and they were in the right neighborhood.
To Jenn, even Covid was a blessing. Normally she spends her weeks on a plane, flying around the country, but when she no longer could do that, she had time to spend on this endeavor. Jenn continued, “God did what only He does best.”
Volunteers began lining up to help, a church made a donation, a medical team signed on, and soon a “Christine’s Place” banner hung between two upstairs, painted windows. Literally, painted windows. When the glass broke years ago, instead of replacing it, the owner covered the holes with plywood and had windows painted on.
I met Christine yesterday. A recovering prostitute, she showed up, decked out in her Sunday finest and escorted by an elderly gentleman, her arm linked in his. Christine used to “work” that street until she was beaten so badly that she quit. She became pregnant, and her sight began failing. The doctor gave her a choice: use the medicine, save the eye but lose the baby, or lose the eye and save the baby. She chose the latter and gave her baby daughter up for adoption. Her second pregnancy offered her the same choice. Again, she chose blindness over abortion and today is completely blind. Her fourteen-year old son lives with her.
Some news stations were there to do a story on “Christine’s Place” and were amazed to see the number of men and women giving up their Saturdays to use their expertise to make this dream a reality. Christine was an instant hit, as were the carpenters, back-hoe drivers, donated clothes’ folders, and clean-up crew. From 10 years old to 84, people were there to help.
During this Christmas season, I pray that we all recognize that Jenn’s words are the formula for how we are to live our lives: “We are blessed so that we will bless others.”
May we all find a way to put those words into action.


Recently over 100 Bourbon County businesses, organizations, school districts, churches and other categories of entities received SPARk Grants to help with COVID-19 expenses.
The see the whole list of recipients, click below:
https://fortscott.biz/news/spark-projects-in-bourbon-county
The Strengthening People and Revitalizing Kansas (SPARK) taskforce plan is to lead Kansas forward in recovery from the far-reaching effects of COVID-19, according to its’ website,https://covid.ks.gov/spark-recovery-office/
SPARK is responsible for the statewide distribution of the U.S. Coronavirus Relief Fund.
The total amount of grants disbursed in Bourbon County were
$2,835,212.86, according to information provided by Bourbon County Economic Director Jody Hoener.
Ascension Via Christi Pittsburg Inc. received $203,150 for its’ emergency department in Bourbon County in October 2020.
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Story by the Associated Press, taken from its website.
https://apnews.com/article/kansas-topeka-courts-fc7e12e48e937d6465c34a21422805f3
TOPEKA, Kan. (AP) — A former Shawnee County prosecutor faces a disciplinary hearing this week over allegations that she lied in court and crossed other ethical boundaries to obtain convictions.
A three-member panel of the Kansas Board for Discipline of Attorneys is presiding over the weeklong hearing that started Monday to determine if Jacqie Spradling’s conduct merits formal discipline, the Topeka Capital-Journal reported.
Spradling is now the Bourbon County attorney and an assistant county attorney in Allen County. Neither she nor her lawyer immediately replied to messages seeking comment.
Spradling is accused of showing a lack of competence, candor and fairness in two cases she prosecuted.
The first was a 2012 case against Dana Chandler, who was convicted of murder in the 2002 deaths of her ex-husband, Mike Sisco, and his fiancée, Karen Harkness.
Spradling is accused of misleading a jury to believe Chandler had violated a protection order, despite there being no evidence that such an order existed. No physical evidence connected Chandler, who lived in Denver at the time of the killings, to the crime scene.
Chandler appealed her convictions and the Kansas Supreme Court overturned them in 2018 and sent the case back to Shawnee County District Court, where she is scheduled to stand trial for the killings again next year.
In its ruling, the Supreme Court said Chandler’s prosecution “unfortunately illustrates how a desire to win can eclipse the state’s responsibility to safeguard the fundamental constitutional right to a fair trial owed to any defendant facing criminal prosecution in a Kansas courtroom.”
In the second case, Spradling served as a special prosecutor in the case of Jacob Ewing, a Holton man who was convicted of sexually assaulting two women. The Kansas Court of Appeals overturned those convictions, finding that Spradling made a half-dozen errors and misled the jury by making assertions during her closing argument that were unsupported by the evidence.
Spradling claimed without evidence that Ewing had abused someone with autism — a claim that the appeals court said “improperly inflamed the passions and prejudices of the jury by painting Ewing as a bad person who preyed on especially vulnerable women.”
Ewing’s case was remanded to the district court, where he is set to stand trial again on the charges.
If the panel of three lawyers determines that Spradling engaged in prosecutorial misconduct and error, it could simply admonish her. If it finds that the conduct was more serious, it could recommend to the state Supreme Court hat she be disciplined. The high court would then decide on a punishment ranging from public censure to disbarment.