Selection Snapshots

The house judiciary committee is considering two bills that would move from partisan elections to merit selection with senate confirmation for the state’s three appellate courts. Members of the judicial nominating commission would be appointed by the governor, legislative leaders, and civic  and other groups and would be diverse in political, geographic, gender, and ethnic backgrounds.

A recent survey shows that the state’s courts have become more diverse over the last five years, with women comprising one third of the bench and racial minorities making small gains as well. On the supreme court, white males are in the minority, with women in four of the seven seats and four justices of Asian descent.

A bill that would have expanded the governor’s authority over the state’s judicial nominating commissions stalled after disagreement between the house and senate over whether the governor’s proposed authority to remove and replace commission members at will should extend to appointees of past governors.

A proposal to establish seven-year renewable terms for judges, who now enjoy life tenure to age 70, received majority support in the house of representatives but did not get the three-fifths vote required for a constitutional amendment.

There are three supreme court seats up for election in November, one of which is an open seat. Though the parties do not officially nominate candidates until their conventions later this year, Democrats give non-binding nods to favorites at the spring convention.

The house of representatives voted to abolish the Kansas Commission on Judicial Performance and end the state’s judicial performance evaluation program. While House Democrats believe the program provides important information to voters about judges, Republicans questioned its impartiality since all evaluated judges have been recommended for retention.

The judicial nominating commission created last April by Governor Perdue held hearings in three cities to hear from the public about the qualities and characteristics judges should possess. The commission screens and recommends applicants for positions on the supreme court, court of appeals, and superior court.

The senate approved a proposed ballot measure that would raise the retirement age for judges from 70 to 75. A similar measure is stalled in the house.

With no Democrats filing to run, the March Republican primary will determine the successor to Justice Thomas Woodall, who is not seeking reelection. The two candidates are a court of appeals judge and a circuit court judge, both of whom support partisan elections because they provide a cue to voters regarding a candidate’s philosophy.

The senate rejected a proposal supported by Governor Brownback that would have eliminated the judicial nominating commission's role in screening applicants for the state's court of appeals and given the senate a role in confirming appointments to this court.