Open Records suit against KU transferred to different judge
Citing a potential conflict, Judge Paula Martin turned over to another Douglas County district judge The World Company’s lawsuit seeking employment records for Kansas University athletic director Lew Perkins.
In a Wednesday afternoon conference with representatives of both sides, Judge Jack Murphy took the case, then set deadlines for attorneys to file motions and responses. He set a June 25 date for a hearing on the motions.
Murphy also granted KU attorneys 10 days to object to a request filed last week by The Associated Press and Kansas Press Assn. to join the lawsuit.
Though not yet permitted as intervenors in the case, the Topeka attorney representing both groups took part in Wednesday’s conference.
The AP is the world’s largest news-gathering organization; the KPA is the statewide newspaper trade group.
On Friday, the AP and KPA filed motions arguing that KU’s refusal to release the records was a violation of the Kansas Open Records Act, the state law intended to ensure public agencies and those spending public funds conduct their business in public.
Using the same argument, the Journal-World first requested the athletic department records in December. After a series of informal and formal requests were denied, the newspaper and 6News filed a lawsuit in January, asking a judge to force KU to disclose public records relating to Perkins’ salary and benefits.
The university earlier disclosed he received an annual base salary of $400,000 and fringe benefits, including two automobiles, family memberships to two country clubs and two season tickets to men’s basketball games.
It also said “contingent supplemental compensation is potentially available” under his contract.
That income has been said to boost Perkins’ annual compensation to $1 million or more.
In recusing herself from the case, Martin said her father-in-law’s employment contract was subject to approval by the KU athletic department, which could present the appearance of a conflict of interest. Her father-in-law is Max Falkenstien, who has been broadcasting Jayhawk basketball games on radio since 1946.







