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Judicial selection in Kansas
| Judicial selection in Kansas | |
 | |
| Kansas Supreme Court | |
| Method: | Assisted appointment |
| Term: | 6 years |
| Kansas Court of Appeals | |
| Method: | Gubernatorial appointment |
| Term: | 4 years |
| Kansas District Courts | |
| Method: | Assisted appointment or Partisan election |
| Term: | 4 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Kansas, including:
As of April 2025, judges in Kansas were selected through a variety of methods. Supreme court justices and certain district court judges are selected through assisted appointment where a judicial nominating commission presents a list of nominees to the governor who then picks an appointee. Intermediate appellate court judges are selected through gubernatorial appointment with the consent of the Kansas State Senate. Certain district court judges are also elected through partisan elections.[1]
Click here to notify us of changes to judicial selection methods in this state.
Kansas Supreme Court
- See also: Kansas Supreme Court
The seven justices on the Kansas Supreme Court are selected through the assisted appointment method. The Kansas Supreme Court Nominating Commission is responsible for providing the names of nominees to the governor, who must then select a justice from that list.[2] The commission is made up of nine members, one lawyer and non-lawyer from each congressional district and one additional lawyer who serves as chairperson. The four non-lawyers are appointed by the governor. Four lawyers are elected by members of the Kansas State Bar in each congressional district. The fifth lawyer is elected by a statewide vote of members of the Kansas State Bar.[2]
Newly appointed justices serve for at least one year, after which they must stand for retention in the next even-year general election. If retained, the justice serves a six-year term and must stand for retention every six years after that point to remain in office.[2]
Qualifications
To serve on this court, a judge must:[2]
- have at least 10 years of active and continuous law practice in the state;[3]
- be at least 30 years old; and
- be no older than 75. If a sitting judge turns 75 while on the bench, he or she may serve out the term.
Chief justice
The court's chief justice is chosen by seniority. He or she is the longest-serving justice on the court and serves as chief indefinitely.[4] Upon his or her retirement, the justice with the next-longest tenure on the court becomes chief justice.
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[5]
The map below highlights how vacancies are filled in state supreme courts across the country.
Kansas Court of Appeals
- See also: Kansas Court of Appeals
The fourteen judges on the Kansas Court of Appeals are appointed by the governor with every nomination subject to confirmation by the Kansas State Senate. Newly appointed judges serve for at least one year, after which they must stand for retention in the next even-year general election. If retained, the judge serves a four-year term and must stand for retention every four years after that point to remain in office.[4]
Qualifications
To serve on this court, a judge must:[2]
- have at least 10 years of active and continuous law practice in the state;[6]
- be at least 30 years old; and
- be no older than 75. If a sitting judge turns 75 while on the bench, he or she may serve out the term.
Chief judge
The chief judge for the court of appeals is selected by the supreme court.[7]
Vacancies
If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a judge's term. The governor appoints a new judge, who must be confirmed by the Kansas State Senate. He or she then serves at least one year following his or her initial appointment and must stand for retention at the next statewide general election to remain in office.[4]
Kansas District Courts
- See also: Kansas District Courts
Judges on Kansas' District Courts are selected in one of two ways:
- Assisted appointment: a local judicial nominating commission consisting of non-lawyers and lawyers who live in the district present a list of three to five names to the governor who selects an appointment. Non-lawyer members are appointed by local county commissions and lawyers are elected by fellow lawyers in the judicial district. Newly appointed judges serve for at least one year, after which they must stand for retention in the next even-year general election. If retained, the judge serves a four-year term and must stand for retention every four years after that point to remain in office.[1][8]
- Partisan election: judges are elected to a four-year term during regularly-scheduled partisan elections.[9]
The following districts select judges through assisted appointment:[10]
The following districts elect judges through partisan elections:[10]
Qualifications
To serve on this court, a judge must:[1]
- have at least five years of active and continuous law practice in the state;[11]
- be at least 30 years old; and
- be a resident of the judicial district in question at the time of taking the oath of office and while holding office.
Chief judge
The chief judge in each district is selected by the supreme court.[12]
Vacancies
If a midterm vacancy occurs on a district court using the assisted appointment method, the position is filled as it normally would be had the vacancy occurred at the end of a judge's term. A local judicial nominating commission presents a list of nominees to the governor who picks an appointment. He or she then serves at least one year following his or her initial appointment and must stand for retention at the next statewide general election to remain in office.[1]
If a midterm vacancy occurs on a district court using partisan elections, the governor appoints a new judge to serve out the remainder of the preceding term, after which point he or she would need to win the position's partisan election to remain in office.[13]
Limited jurisdiction courts
Kansas has one type of limited jurisdiction court: municipal courts.
Kansas Municipal Courts
- See also: Kansas Municipal Courts
Judges of Kansas' Municipal Courts are appointed by the respective municipality's governing body with additional specifics varying as provided by individual municipal statutes. To serve on a municipal court, a judge must be a U.S. citizen and have a high school degree or equivalent. In first-class cities, municipal court judges must also be lawyers regularly admitted to practice law in Kansas. In all other cities, municipal judges may be lawyers or they may be non-lawyers. If a non-lawyer is holding office as a municipal court judge, he or she must complete a training program and pass an examination given by the supreme court within 18 months of assuming office and attend ten hours of continuing legal education each year.[14][15]
History
Below is a timeline noting changes to judicial selection methods in Kansas, from the most recent to the earliest:
- 2016: The selection of chief judges on intermediate appellate and district courts switched so that members of the respective courts select their chief judges. Before 2016, the Kansas Supreme Court had been responsible for such selections.[1]
- 2013: The selection method for the Kansas Court of Appeals switched from assisted appointment, using a judicial nominating commission, to gubernatorial appointment with the consent of the Kansas State Senate.[1]
- 1977: The Kansas Court of Appeals was re-established, with judges selected through assisted appointment.
- 1972: Under a constitutional amendment, assisted appointment became an option in selecting district court judges. Before this time, district court judges were selected through partisan elections. Following the change, judicial districts retained the ability to choose between the two selection methods.
- 1958: The constitution was amended to change the selection of supreme court justices from partisan elections to assisted appointment. This amendment created the Kansas Supreme Court Nominating Commission.
- This change came following a series of events in 1956. Gov. Fred Hall (R) initially lost in the Republican primary to challenger Warren Shaw (R). Shaw advanced to the general election where he lost to George Docking (D). On Jan. 3, 1957, before the end of Hall's term, Chief Justice Bill Smith resigned from the bench. The same day, Hall resigned from the governorship. His successor, Lt. Gov. John McCuish (R), then appointed Hall to fill the interim vacancy on the Kansas Supreme Court. Hall remained on the supreme court until resigning in 1958 to run for governor, which he lost.[16][4][17]
- 1895: The Kansas Court of Appeals was created to help with case delays with judges elected by popular vote to four-year, nonrenewable terms. The court ceased to exist in 1901.
- 1861: Established that judges of the supreme court are to be elected by popular vote to six-year terms.[18]
Courts in Kansas
- See also: Courts in Kansas
In Kansas, there is a single federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
- Federal courts
- State supreme court
- State court of appeals
- Trial courts
- Courts of limited jurisdiction
The image below depicts the flow of cases through Kansas' state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[19]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[20] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 CyberCivics, "Kansas Court of Appeals," accessed Sept. 24, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 Supreme Court Nominating Commission, "Filling a Supreme Court vacancy," Aug. 6, 2020
- ↑ This may include work as a lawyer, judge, or full-time teacher at an accredited law school.
- ↑ 4.0 4.1 4.2 4.3 Our Kansas Courts, "Judicial Selection," accessed Sept. 24, 2021
- ↑ Kansas Judicial Branch, "Kansas Supreme Court," accessed June 21, 2021
- ↑ This may include work as a lawyer, judge, or full-time teacher at an accredited law school.
- ↑ Kansas Judicial Branch, "Court of Appeals," accessed March 31, 2023
- ↑ Kansas Judicial Branch, "Become a Judge Through Merit Selection," accessed Sept. 24, 2021
- ↑ Kansas Judicial Branch, "Become a Judge Through Election," accessed Sept. 24, 2021
- ↑ 10.0 10.1 Kansas Judicial Branch, "Become a Judge Through Merit Selection," accessed Sept. 24, 2021
- ↑ This may include work as a lawyer, judge, or full-time teacher at an accredited law school.
- ↑ Kansas Judicial Branch, "About District Courts," accessed March 31, 2023
- ↑ Office of the Governor, "Governor Laura Kelly Appoints Magistrate Judge Andrea Cross to fill Court Vacancy in the 20th Judicial District," Sept. 1, 2021
- ↑ Kansas Legislature, "Article 41. - 12-4105. Municipal judge; appointment; qualifications; compensation.," accessed March 31, 2023
- ↑ Kansas Legislature, "Article 41. - 12-4114. Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court.," accessed March 31, 2023
- ↑ Kansas Judicial Branch, "Historical Listing of Supreme Court Justices," accessed Sept. 24, 2021
- ↑ Humanities Kansas, "TV, The Triple Play, and the Man from Dodge," accessed Sept. 24, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Kansas; Formal Changes Since Inception," archived October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Kansas • U.S. Bankruptcy Court: District of Kansas
State courts:
Kansas Supreme Court • Kansas Court of Appeals • Kansas District Courts • Kansas Municipal Courts
State resources:
Courts in Kansas • Kansas judicial elections • Judicial selection in Kansas
