Kansas Attor­ney Gen­er­al’s sum­ma­ry of KOMA:

B. Pro­ce­dure
1. County/district attor­ney and attor­ney gen­er­al have con­cur­rent juris­dic­tion to inves­ti­gate or bring an action. K.S.A. 75–4320
a. Pol­i­cy of attor­ney gen­er­al’s office to first refer an alleged vio­la­tion to the county/district attor­ney, the local law enforce­ment offi­cer for the state. The deci­sion to inves­ti­gate or pros­e­cute is dis­cre­tionary on the part of the pros­e­cu­tor.
b. County/district attor­ney and attor­ney gen­er­al can issue inves­tiga­tive sub­poe­nas. K.S.A. 75–4320b.
c. If an indi­vid­ual wish­es to bring a pos­si­ble KOMA vio­la­tion to the Attor­ney Gen­er­al’s atten­tion, the Attor­ney Gen­er­al’s office tra­di­tion­al­ly asks that a com­plaint be sub­mit­ted in writ­ing, with as much sup­port­ing doc­u­men­ta­tion (i.e. min­utes) as pos­si­ble.
2. Bur­den of Proof: Plain­tiff has the ini­tial bur­den to show a pri­ma facie case. Bur­den then shifts to the defen­dant to jus­ti­fy its actions. K.S.A. 75–4320a(b)
3. Plain­tiff may receive court costs if vio­la­tion estab­lished. Defen­dant may receive costs only if action was friv­o­lous. K.S.A. 75–4320a© and (d)
4. No require­ment of spe­cif­ic intent to vio­late the law. “Know­ing” vio­la­tion occurs when there is pur­pose­ful com­mis­sion of the pro­hib­it­ed acts. Palm­gren, 231 Kan. at 536–37
5. Venue is prop­er in the coun­ty where the action occurred. K.S.A. 75–4320a(a)
6. Courts are to give KOMA cas­es prece­dence. K.S.A. 75–4320a(e)
C. Oth­er Con­se­quences
1. Vio­la­tion of the KOMA can be grounds for ouster from office pur­suant to K.S.A. 60–1205; AG Opin. No. 80–168. This is a sep­a­rate action which must be filed by a pub­lic pros­e­cu­tor
2. Alleged vio­la­tion of the KOMA can be grounds for recall. Unger v. Horn, 240 Kan. 740 (1987); K.S.A. 25–4301 et seq.
3. Ouster or recall not auto­mat­ic — these actions must be pur­sued separately.

How does one call for ouster or recall?

Since the AG is a par­ty to the com­plaint, who should a com­plaint be filed with? Shawnee Coun­ty Attorney?

I’ve emailed the AG’s com­mu­ni­ca­tions direc­tor with a gen­er­al com­plaint and request for inves­ti­ga­tion, but I imag­ine a for­mal com­plaint would be on paper and filed with the civ­il divi­sion. Any lawyers want to weigh in?