The current system of selecting Court of Appeals & Supreme Court Justices gives too much power to the state bar. Under current law a nine member commission, five of whom are attorneys selected by other attorneys, submit a list of three nominees to the Governor. The Governor is then required to appoint one of those three nominees. Kansas is the only state in the nation that allows lawyers to control the selection of the majority of a state judicial nominating commission.
HCR 5031 & HB 2799 would implement the following reforms:
- Change the make up of the nominating commission to allow three appointments each by the Governor, the President of the Senate and the Speaker of the House. One of each appointing authorities appointees would be required to be an attorney in good standing in Kansas.
- The new nominating commission would still present three names to the Governor who would be free to either select one of those nominees or to make a selection of her own.
- The person selected by the Governor would then be subject to confirmation by the Senate.
Proponents of the current system contend that it heightens confidence in the judiciary by isolating it from political influence. Unfortunately, in practice this isolation serves to exacerbate public frustration with and alienation from a process they see as insular and elitist. Placing clear responsibility for judicial selection in the hands of politically accountable elected officials will provide an appropriate mechanism by which the people may at least indirectly participate in the process of judicial selection.
In November of 2007 Professor Stephen Ware of the University of Kansas School of Law published a white paper titled “Selection to the Kansas Supreme Court” in which he noted, “The bar has an unusually high degree of control over the selection of supreme court justices in Kansas. None of the other forty nine states gives the bar as much control.” Summarizing his findings Professor Ware noted, “In short, senate confirmation is a reform worthy of serious consideration.”
I hope that this Committee will agree with Professor Ware and give HCR 5031 & HB 2799 your serious consideration.
