Topeka ? Kansas Supreme Court justices will be asked Tuesday to determine how far county commissioners can go regarding the hiring and firing of appointed deputies of other elected officials.

The division of power case is one of dozens the court will hear during its final session of the 2002 term. It will also be the final session for Justices Tyler Lockett and Fred Six, whose terms expire Jan. 13. Six will be replaced by Shawnee County District Judge Marla Luckert. A replacement for Lockett is yet to be named.

The case, the Board of Lincoln County Commissioners v. Sheriff Wray Nielander and Deputy Jack Jackson, is a closely watched appeal with far-reaching implications.

County commissioners have twice tried to fire Jackson, who serves as a deputy sheriff. Nielander has reinstated Jackson, maintaining that his office as sheriff is separate and equal to that of the commission.

Nielander maintains that he should be free to hire and fire his employees as he sees appropriate.

Commissioners took Nielander to court and obtained an injunction prohibiting the sheriff from employing Jackson and Jackson from taking any job within county government.

Jackson was fired by the commission on Jan. 22 but continued to work for the sheriff. On Feb. 28, commissioners amended the county personnel policy, reserving the right to hire and fire county employees.

The appeal before the justices asks where the powers of county commissioners begin and end regarding employment of deputies, assistants or other appointees of elected officials.

In addition to the named parties, the Kansas County Treasurers’ Assn., the Kansas Register of Deeds Assn., the Kansas County Clerks’ and Elected Officials’ Assn., as well as the Kansas Sheriff’s Assn., have filed briefs in the case asking for a ruling limiting power over personnel by county commissions.

A decision on the case is expected Jan. 24.

Other cases on the docket include two appeals regarding the sale of prescription drugs on the Internet.

In the first case, the attorney general’s office is appealing a Shawnee County decision dismissing a consumer complaint. The complaint alleged that an Ohio physician and an Internet company violated the Kansas Consumer Protection Act.

The state argued that DVM Enterprises Inc., violated the act by requiring Internet customers to waive liability in connection with their prescription purchases. The attorney general’s office contends the waiver violated the protection act’s prohibition of unconscionable acts and practices.

A second, similar prescription case involves a Lee’s Summit, Mo., physician who appealed a Shawnee County decision refusing to set aside a default judgment against him regarding violation of the consumer protection act. The attorney general filed suit against Dr. Miles Jones for allegedly prescribing Viagra without conducting an examination and consultation.

The trial court entered a default judgment when Jones failed to respond to the lawsuit even though the complaint was signed for by his daughter. Jones contends he was in Alaska and had a legally sufficient reason for not responding to the lawsuit. Jones claims he learned of the lawsuit when notified about the default judgment.