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 </figure>HUTCHINSON, Kan. — Reno County District Attorney Keith Schroeder has asked for a formal legal opinion from Kansas Attorney General Derek Schmidt on whether a state law that authorizes criminal prosecution of Kansans who violate emergency orders issued by the governor is constitutional and enforceable. “I want to make sure that if we criminally charge somebody for violating the executive order that there’s the authority for that charge,” Schroeder said. “The constitutional right to due process doesn’t stop because of a declared public health crisis.”Schroeder, who is on the task force that is in place to help open up the county again, says he is weighing the question he presented to the A.G.’s office carefully and is still waiting for the opinion to his question.“I’m in no rush to make charging decisions,” Schroeder said. “I want to make sure I have some type of perspective, what appears true today may not be true tomorrow.” Schroeder says it really comes down to having an ethical obligation to the citizens to make sure the law is fair.“Before we charge somebody with a crime involving a violation of the executive order, if we have a question about its validity, I think we have a moral obligation and we have an ethical obligation,” Schroeder said. “And as an elected official I have that obligation to make sure that we cross our t’s and dot our i’s and make sure that law is valid.”Schroeder did urge all citizens to follow the recommendations of public health officials and practice all of the necessary steps to protect each other from COVID-19.While the attorney general did not provide a legal opinion to Schroeder's inquiry, he did issue the following statement:“I continue 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. At the same time, a local prosecuting attorney has requested our office review whether violations of emergency orders issued by the governor may lawfully be enforced and punished as crimes. We have agreed to conduct that legal review.” “An unprecedented 27 statewide emergency executive orders have been issued in the past eight weeks on subjects ranging widely from stay-home, mass gatherings and business closures to alcohol sales, evictions and trash collection. 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. No appellate court has determined whether the legislature, through provisions of the Kansas Emergency Management Act, has lawfully delegated that power to the governor. Even if delegation is generally permissible, we have been asked specific legal questions that could affect the ability of law enforcement and prosecutors to criminally enforce emergency orders under authority of K.S.A. 48-939. We are working diligently and will issue our formal legal opinion on these important questions as soon as possible.”

Reno Co. DA asks AG for legal opinion on state's emergency orders