Kansas Attorney General Derek Schmidt’s office has been asked for its formal legal opinion on whether a state law that authorizes criminal prosecution of Kansans who violate emergency orders issued by the governor is constitutional and enforceable. The attorney general issued a statement, saying while he continues to encourage all Kansans to follow the recommendations of public health professionals to help prevent the spread of COVID-19 as our economy and communities reopen, he will conduct a legal review of whether violations of emergency orders issued by the governor may lawfully be enforced and punished as crimes. Schmidt says the Kansas constitution grants the legislature, not the governor, power to define what behavior may subject Kansans to potential arrest, criminal prosecution, fines or imprisonment.
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