Topeka - Representative Lance Kinzer announced that he is introducing
a House Concurrent Resolution to change the judicial selection process
in Kansas.
The current system of selecting Court of Appeals & Supreme Court
Justices gives too much power to lawyers. 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 5005 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 reject the list and require that three new names be forwarded by the
commission.
- The individual selected by the Governor would then be subject to
confirmation by the Senate.
“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,” said Representative Kinzer. “By
removing control of selection of the nominating commission from lawyers
and requiring Senate confirmation we will preserve the best aspects of
the current system while providing a significantly greater degree of
openness and accountability.”
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.”
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