The Kansas Supreme Court recently ruled that defendants convicted of crimes involving minors must pay only one $400 fee to the Children's Advocacy Center, regardless of the number of convictions. This decision affects defendants in similar cases across the state and clarifies how the law interprets fees related to child victim crimes.

The case, State v. Mildfelt, No. 126,968, involved Jack Rex Mildfelt Jr., who was convicted of six child-sex crimes. The Saline District Court initially ordered him to pay a total of $2,400 in Children's Advocacy Center fees, charging him $400 for each conviction. Mildfelt appealed this decision, arguing that the law only required a single fee.

The Kansas Supreme Court's ruling is significant because it establishes a clear interpretation of K.S.A. 20-370(a), the statute that governs the assessment of fees for defendants convicted of crimes involving minors. The court determined that the statute is ambiguous, as it could be interpreted in more than one way. However, they concluded that the grammar and structure of the statute support Mildfelt's argument that the fee is assessed on a per-defendant basis, not per conviction.

Background

The parties involved in this case are the State of Kansas, represented by the Attorney General's office, and Jack Rex Mildfelt Jr., the appellant. Mildfelt was convicted of multiple crimes involving two minor victims, leading to his appeal regarding the fee amount imposed by the district court.

The dispute arose when the district court sentenced Mildfelt to life imprisonment without the possibility of parole for 100 years and ordered him to pay a $2,400 Children's Advocacy Center fee for his six convictions. Mildfelt contended that the law only required him to pay a single $400 fee, prompting his appeal.

The Kansas Court of Appeals initially sided with the district court, asserting that the statute's language suggested the fee should be assessed on a per-conviction basis. Mildfelt then petitioned the Kansas Supreme Court for review, leading to the recent ruling.

The Ruling

The Kansas Supreme Court ruled in favor of Mildfelt, reversing the Court of Appeals' decision and vacating the district court's order regarding the fee. The court stated, "K.S.A. 20-370(a) requires the court to order any defendant convicted of a crime involving a minor to pay one $400 assessment fee, regardless of the number of convictions in the criminal case." This ruling was delivered by Justice Wall.

The court found that the statute's language was ambiguous, as it could be interpreted to mean either one fee per conviction or one fee per defendant. However, they determined that the grammatical structure of the statute indicated that the fee should be assessed on a per-defendant basis. They emphasized that the phrase "convicted of a crime... in which a minor is a victim" modifies the noun "defendant," making it clear that only one fee applies.

Impact

This ruling has significant implications for defendants in Kansas who are convicted of crimes involving minors. It clarifies that they will only be required to pay one $400 fee, regardless of the number of convictions. This decision may also influence how similar cases are handled in the future, potentially leading to fewer financial burdens on defendants in these circumstances.

The ruling sets a precedent for interpreting K.S.A. 20-370(a) and could impact future legislation or amendments related to fees assessed on defendants. By clarifying the law, the court aims to ensure that the intent of the legislation aligns with the actual financial obligations placed on those convicted of crimes involving minors.

What’s Next

The case has been remanded to the district court for the entry of an amended journal entry imposing the single $400 Children's Advocacy Center fee. There is no indication that the state plans to appeal this decision, and no related cases are pending at this time.