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Kansans For Fair Courts

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Merit Selection

Do you believe Kansas courts should be fair and impartial?

So do we. This is how we do it…

In 2013, Gov. Sam Brownback set his sights on the courts, calling for changes to the way judges and justices were selected to give him more influence — so he could pack the courts with jurists more loyal to a political ideology than to the constitution and the law. He persuaded the legislature to replace a merit-based system for selecting judges to the Kansas Court of Appeals, the second highest court in the state, with a purely political model that gives the governor full control of the process. And he called repeatedly for an amendment to the Kansas constitution that would do the same for the selection of justices to the Kansas Supreme Court.

When it comes to our court system, Kansans believe strongly that:

  1. Our courts should be fair and impartial.
  2. Courts should protect the constitutional rights of every Kansan.
  3. Politicians have no place in our courtrooms.

The good news? Kansas has one of the best systems in place for selecting justices to the state supreme court. It is a system based on merit – not political access. The Kansas merit selection system is considered the gold standard for selecting justices to the high court. The system is transparent and allows everyone to have a voice in the process.

It’s no wonder then that some politicians are threatened by it.

How did we get here?

Why we choose justices based on merit rather than politics:

In 1956, Gov. Fred Hall found himself at the center of a notorious scandal known as the Triple Play. After losing his re-election bid, Hall schemed to have himself installed as chief justice on the Kansas Supreme Court. A few days before the end of his term, both Hall and the chief justice (a friend of Hall) resigned, and the lieutenant governor, sworn in as governor, quickly appointed Hall as the new chief justice. It was his only official act during the 11 days he served as governor. (At the time, justices were elected to the bench, but the governor could appoint justices to fill vacancies between elections.)

This brazen political episode disgusted the people of Kansas. They felt so strongly about keeping their court free of politics that they changed the state constitution to provide for the best possible way to select justices based upon merit — their qualifications, their legal ability and experience, and their ability to be fair to all Kansans. For nearly 60 years, this merit-based system has worked well under both Republican and Democratic administrations, ensuring fair and impartial courts insulated from partisan pressure — but the system is now under attack.

How does the merit system work?

In response to the Triple Play, Kansans voted to adopt the merit system for selecting justices to the Kansas Supreme Court. The constitutional amendment overwhelmingly passed in 1958 and has served Kansas well for over 60 years.

At the heart of the merit system is the Supreme Court Nominating Commission. The commission is made up of nine members — five elected attorney and four governor-appointed non-attorney members — who are responsible for recommending three qualified individuals to the governor for consideration and appointment to the supreme court. The governor interviews the three nominees and appoints one to the bench. The newly appointed justice stands for a retention vote on the first general election after being appointed to the court. Following this initial retention vote, justices stand for retention every six years. Retirement is mandatory at age 75. Justices may complete the final term which they turn 75.

For more information on the Supreme Court Nominating Commission and process, click HERE.

Why is the Kansas Court of Appeals different?

The Kansas Court of Appeals is the second-highest court in the state, but was not included in the original constitutional amendment because the court was not permanently established until 1977. However, when the court was created, the legislature decided to use the merit system for the appointment of judges to appeals court because it worked well and the people of Kansas overwhelmingly supported it.

The system continued to work until 2013, when Gov. Sam Brownback set his sights on the courts, attempting to remake them and pack them with his supporters, jeopardizing the fair and impartial balance that exists within the Kansas Court of Appeals.

Thanks to Brownback’s political model, the public is completely cut out of the judicial selection process. Now, a sitting governor has full control over the selection process for the court of appeals and the public no longer has a direct role in selecting their judges or providing key oversight.

Merit vs. Brownback’s Political Model

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CONTACT US

[email protected]

Kansas Values Institute
P.O. BOX 97
Lawrence, KS 66044
785.379.3520

Kansans for Fair Courts is an initiative of the Kansas Values Institute, a policy and grassroots advocacy organization committed to educating, equipping, and mobilizing Kansans to take action on a variety of topics that form the bedrock of the Kansas spirit. For more information, please visit www.KansasValuesInstitue.org. © Kansas Values Institute 2016. All Rights Reserved. Notice to our Donors: Thank you for your support of the Kansas Values Institute. The Institute is organized as a nonprofit organization under section 501(c)(4) of the Internal Revenue Code. The Kansas Values Institute will engage in issue advocacy and grassroots lobbying to advance Kansas values and support its core mission. There are no limits on the amount that may be contributed to the Kansas Values Institute by an individual, corporation, union or trade association. Any person or entity that contributes $5,000 or more to a 501(c)(4) organization must be disclosed to the Internal Revenue Service on Form 990. However, the IRS does not make these donor disclosures available to the general public. As a reminder, contributions to the Kansas Values Institute are not deductible as a charitable donation. However, contributions may be deductible, in part, as a business expense. For details, please consult your tax advisor. We estimate that 20% of contributions are used for lobbying-related purposes. The Institute's Federal Tax ID is 45-2621342. The Kansas Values Institute values the privacy of its donors and holds donor information in strict confidence. It is the Institute's policy to not release or publicize donor information.

Kansans for Fair Courts is an initiative of the Kansas Values Institute, a policy and grassroots advocacy organization committed to educating, equipping, and mobilizing Kansans to take action on a variety of topics that form the bedrock of the Kansas spirit. For more information, please visit www.KansasValuesInstitue.org. © Kansas Values Institute 2016. All Rights Reserved. Notice to our Donors: Thank you for your support of the Kansas Values Institute. The Institute is organized as a nonprofit organization under section 501(c)(4) of the Internal Revenue Code. The Kansas Values Institute will engage in issue advocacy and grassroots lobbying to advance Kansas values and support its core mission. There are no limits on the amount that may be contributed to the Kansas Values Institute by an individual, corporation, union or trade association. The Kansas Values Institute values the privacy of its donors and holds donor information in strict confidence. It is the Institute's policy to not release or publicize donor information.
As a reminder, contributions to the Kansas Values Institute are not deductible as a charitable donation. However, contributions may be deductible, in part, as a business expense. For details, please consult your tax advisor. We estimate that 20% of contributions are used for lobbying-related purposes. The Institute's Federal Tax ID is 45-2621342.