Kansas House approves changes to judicial appointment process

February 24, 2011

Kansas: A bill regarding the judicial appointment process to the Kansas Court of Appeals was debated and passed by the state House of Representatives on February 24th, 2011 with a vote of 67-46. The current appointment process requires a judicial nominating commission to select three candidates from which the Governor chooses the new judge. The judicial nominating commission members are appointed by the state attorneys and are mostly attorneys themselves. Rep. Lance Kinzer (R-Olathe) was the main proponent of a new bill, which would remove the judicial nominating commission step from the appointment process. He argued that the current system gives too much power to attorneys. Under the new law, the Governor would be the one to make the initial appointments to the Court of Appeals, subject to confirmation by the Senate. This is the same process used at the federal level. Opponents, such as Rep. J. Robert "Bob" Brookens (R-Marion) believe that the bill will make the judicial selection process more partisan.

The courts are examining the current judicial nominating process as well. It was ruled unconstitutional, but the ruling has been appealed. The new bill, if passed by the Senate, will only apply to Court of Appeals judges, since the selection process for the Kansas Supreme Court is written into the state Constitution and cannot be amended as easily.