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29 J. B. Ass'n St. Kan. 1 (1960-1961)

handle is hein.barjournals/jkabr0029 and id is 1 raw text is: e Journal of the Bar Association of the State of Kansas VOL. XXIX AUGUST, 1960 No. I Published Quarterly, August, November, February and May, by the Association. Price per copy $2.00; to members, $1.50; per year to nonmembers, $8.00 Address Journal communications to Franklin Corrick, Editor-in-Chief, Third Floor, Statehouse, Topeka, Kansas Second Class Postage Paid at Topeka, Kansas REPORT ON CODE OF CIVIL PROCEDURE REVISION (The following was written by Judge SPENcEn A. Gmnr of Iola, a member of the Judicial Council, for publication in this issue of the Bar Journal. Justice ROBERT T. PsucE, Chairman, Kansas Judicial Council.) For many years the Bar Association of the State of Kansas has actively advocated a study and revision of the Kansas Code of Civil Procedure. The changes made in the revision of 1909 related chiefly to joinder of causes of action and the substitution of appeals for the old bill of exceptions and petitions in error. Otherwise the Code is very much the same on its face as the Field Code adopted by the Kansas Territorial Legislature in 1859. It would appear that after a hundred years of Supreme Court interpretation and experience with it in a vastly changing economy, the Code should be and is in need of a complete overhauling. Those who work closely with civil pro- cedure appreciate the need for revision. Opinions have differed as to the best method of achieving the desired end. Some have thought that the Supreme Court in the exercise of its inherent power should assert its natural authority and restore unto itself, independently of the legislature, the responsibility of making its own rules for the judicial branch, leaving to the legislature those areas in the Code which involve substantive law. Others have thought that the whole job of revision, including the substantive aspects of the Code, should be done by a supreme court commission appointed pursuant to an enabling act, with final adoption depending entirely on legislative action or legislative right of veto. This is the approach taken by the Association in recent years. The legislative history of the effort is well known. The effort on behalf of a supreme court commission having been given full play over the years and the enthusiasm for it having waned through repeated failure, interest recently turned toward the Judicial Council as the proper body to undertake this project. The Council is clothed with complete statutory authority to undertake the

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