Welcome to our online chat with Douglas County Dist. Atty. Charles Branson.

The chat took place on Thursday, February 16, at 1:00 PM and is now closed, but you can read the full transcript on this page.

Moderator: Welcome to our chat today with Douglas County Dist. Atty. Charles Branson.

I’m Dave Toplikar, online editor, and I’ll be moderating today’s chat.

Charles, thanks for coming down to the News Center on this blustery cold day.

We’ve got a lot of questions from our readers.

Dist. Atty. Charles Branson: Thank you for having me.

Chris, Lawrence: Charles,

I attend Lawrence HIgh School. As a student I think your ideas on the open lunch policy are different then how it really is. Students who go out to eat for lunch, often stay within a mile or two of the school. Last tuesday, I went to Taco Johns with a few friends, we were back in 10 minutes. By making students stay at school for lunch, it would be an extremely crowded lunch room, since there is hardly enough chairs as it is, and prevent students from making responsible decisions. The kind we’re supposed to be learning how to make. But we can’t when other people are making them for us. I would like to know what you think about what I have to say.

Dist. Atty. Charles Branson: Chris. Thank you for your question. I was a little surprised at the article that came out yesterday. When I was asked to comment, I was under the impression that an article about the subject was already in progress and not being written with my lead. My comments were directed to the impact open lunches have on truancy and other matters my office sees. I have no intention of making this an issue for my office other than to say that there are practical implications of open lunch for our office. I believe it is a subject worth discussing, but it is a matter that is entirely for the school board. I do agree with you that this is a time for students to learn how to make good choices for themselves.

Douglas County District Attorney Charles Branson responds to readers' questions.

Casey, Lawrence: Why do you think it is your job to decide that Lawrence Schools are experiencing too much truancy due to having open lunches? Or that, even though open lunches have been happening for 25 years, suddenly it may mean additional accidents or situations, although nothing has prompted this.

Moderator: Here’s a similar question on the open lunch topic.

Jc Lawrence: Regarding your comments on the open campus policy how much of a priority should a school board issue be for the DA’s office? I can see where students rushing to and from class has an infinite combination of potential problems. Does this mean that we can expect the DA’s office to pursue all possible dangerous outcomes with student travel or better yet travel for everyone? Where does this end? My opinion is that this issue has been exaggerated and sensationalized by the DA’s office and with 25 years of open campus I find the motive extremely suspect and complete waste of our DA’s time.

Dist. Atty. Charles Branson: Please see my previous comments. Our truancy program was done in partnership with all the schools in Douglas County. I was specifically approached by both lawrence high schools to discuss the subject. I was asked to make comments about the open lunch issues in conjunction with truancy and other matters our office sees. This is not a subject that my office is ‘pursuing’ with the school board.

Susan, Lawrence: Have you had many Consumer Protection cases since your election and is that program running as you had envisioned it?

Dist. Atty. Charles Branson: We have been reviewing and pursuing some consumer issues. We are not completely functional yet in this aspect. We expect to be fully functional next month. We recently went through a major software and case management overhaul and that has caused my office to have to recreate most of our documents, forms and protocols for handling cases. This overhaul has been ongoing since October and will continue for several more months.

Tim, Lawrence: Mr. Branson, do you know if the city has any codes concerning keeping sight-lines near roads open so that drivers’ views aren’t impaired by things like shurbs – and even if there aren’t such codes in place, do you think they should be?

Also, do you personally think the 40 miles an hour speed limit for the newly constructed 8 lane highway on 6th street (where there are no businesses or homes, other than one church) is an appropriate speed for that open stretch of road?

Finally, do you have an opinion on whether mandated reporting laws requires reports to SRS of all situations involving pregnant teens and if such situations were reported and investigated, would you ever prosecute a 15 year old who got his girl friend pregnant?

Dist. Atty. Charles Branson: Tim, I will combine two of your questions together. Unfortunately I am not extremely versed in the city code with regard to curtilage or roadways. Most if not all of these matters are handled by the city traffic department and if there is a violation those matters are handled in city court. As to the speed limit for 6th Street, I really do not have much of an answer for you. Again, that is a subject for the city traffic engineers.

For the second part, State law requires mandatory reporters to report to appropriate agencies. On occasion we review such cases. In any case were there is force or coercion or duress we will pursue those matters. In consensual situations, we prefer to have those handled by SRS and the families involved.

Christine, Lawrence: Are sentences for criminal charges based strictly on a person’s criminal history and Kansas sentencing guidelines or does your office have final say in what sentence a person receives ?

Dist. Atty. Charles Branson: Christine, that is a good and very common question we are asked. The answer is “it depends” If the matter is a felony, generally something punishable by more than a year in jail, then the sentence will be based upon the sentencing guidelines. The guidelines provide a sentence based upon a person’s criminal history and the predetermined severity level of the crime. If the matter is a misdemeanor, something punishable by 12 months or less, we can generally seek jail time from 1 to 365 days. There are some limits though even in misdemeanors because of severity level.

Katie, Baldwin: Do concerned phone calls from the public help in any way when you are trying to decide whether to press charges in a case? Do you encourage people to contact your office if they have concerns?

Dist. Atty. Charles Branson: If the caller has additional information with regard to the facts of a case or investigation we direct the caller to the appropriate law enforcement agency. We always welcome questions from the public in any other matter. Sometimes we will be unable to discuss the status of cases with the general public. We do not take into consideration comments of the public when it comes to deciding what to charge. Our charging decisions must be based upon the facts presented to our office by law enforcement and our belief that we could be successful in trial with the facts that we can prove in court.

Ben Lawrence: Do you favor making pot smoking a crime that could be brought in municipal court, as opposed to having to always go through your office?

Dist. Atty. Charles Branson: Yes, having a charge that is substantially similar to the state statute makes sense. I think I am on record saying that as a matter of efficiency these cases can be handled better in municipal court.

Ty Borders, Little Rock: Mr. Branson: I am a former resident of Lawrence, still have family and friends who reside there, and routinely read the on-line Lawrence Journal World. I have two questions. One concern that I and my Lawrence friends have is whether there is a sufficient degree of gender diversity and sensitivity within the Lawrence judicial system at-large. Can you comment on how your office promotes gender rights?

Dist. Atty. Charles Branson: Half of my prosecutors are female and overall 75% of my office is female. Three of the seven district court judges are female. I believe our court system has a good history of gender equality. Our office encourages everyone equally. Women hold many important positions in our office, including our lead felony prosecutor and charging attorney.

Lawrence, KS.: When you first came into the D.A.’s office you had said that you would help women who were abused by their male partners. Well I work in the field of giving assistance to battered women and I don’t see much punishment being giving to men causing these problems. I think this is something that should be looked into and dealt with on a greater scale. What are your thoughts on this subject. Thank you

Dist. Atty. Charles Branson: Our office immediately reached out to the service agencies in the community to discuss issues of domestic violence. We have a prosecutor in our office dedicated to domestic cases and have been pursuing grants for additional funding. Last year we also partnered with Women’s Transitional Care Services and KU to develop an intern program in our office to assist victims of domestic violence. We have also been working with the Kansas Coalition Against Sexual and Domestic Violence to improve our office. I agree that this is a subject that continually needs attention.

Ryan, Baldwin City: What is your office going to do about the Baldwin High School students who caused a huge ruckus last Friday and what is your office going to do about the BHS students who are throwing candy at elementary school kids?

Dist. Atty. Charles Branson: Our office is in the process of reviewing these cases. If we believe that a crime has been committed and we can prove the crime, we will file charges.

Moderator: That will be our last question today.

Charles, thanks for taking so many questions.

And I’d also like to thank our readers for participating in today’s chat.

Dist. Atty. Charles Branson: Thanks again for having me. If others have questions that we were unable to answer within our alloted time, please contact me.