Kansas Supreme Court
From Judgepedia
| Kansas Supreme Court |
|---|
|
| Sitting Justices |
| Kay McFarland Robert Davis Lawton Nuss Marla Luckert Carol Beier Eric Rosen Lee Johnson |
| 2008 challengers |
| Kay McFarland Lee Johnson Both Justices are up for retention |
| Former justices |
| Kansas on Judgepedia |
Contents |
The Kansas Supreme Court consists of seven justices, each of whom is appointed by the Governor of Kansas, currently Kathleen Sebelius. It is the court of last resort within the Kansas judiciary. The court does not typically over-see trials, but decides appealed cases based upon trial records, legal brief, and oral arguments. Once a decision has been reached, justices author written opinions, that are later filed with the Office of the Clerk of the Appellate Courts.
The court's deliberations take place at the Kansas Judicial Center in Topeka, Kansas.
Appointment Process
The Supreme Court Nominating Commission selects three potential candidates for placement as supreme court justice and presents their recommendations to the governor. The governor is then tasked with appointing one justice from the list. After a year, the appointed justice is "subject to a retention vote in the next general election."[1]
Chief Justice
As designated by the Kansas Constitution, Chief Justices are appointed based upon seniority by way of continuous service. They are charged with supervising the affairs of the court and the unified judicial department.
Elections
If an appointed justice wins his or her retention vote, they remain in office for a six-year term. At the end of each term, they are again put to popular vote.
Nominating Commission
The Supreme Court Nominating Commission is comprised of representatives from each congressional district, and, during times of judicial vacancy, is in charge of compiling a list of potential supreme court justices to present to the governor.
Current Nominating Commission
- Richard C. Hite (Chairman)
- Kerry E. McQueen/Janet A. Juhnke (First Congressional District)
- Patricia E. Riley/Dale E. Cushinberry (Second Congressional District)
- Thomas J. Bath, Jr./Vivien B. Jennings (Third Congressional District)
- Lee H. Woodard/David N. Farnsworth (Fourth Congressional District)[2]
See also: Kansas Supreme Court Nominating Commission.
Current Justices
Upon appointment to the court, the justice is subject to a retention vote at the conclusion of their first year; if retained, the justice sits for a six year term. Retention elections occur at the end of every term. In the attached photo, the justices are as follows, seated left to right: Hon. Robert E. Davis, Hon. Kay McFarland, Chief Justice, and Hon. Lawton R. Nuss; standing left to right: Hon. Eric S. Rosen, Hon. Marla J. Luckert, Hon. Carol A. Beier, Hon. Lee A. Johnson.
- Kay McFarland, appointed in 1977 by Gov. Bennett; current term expires 2008.
- Robert Davis, appointed in 1993 by Gov. Finney; current term expsires 2012.
- Lawton Nuss, appointed in 2002 by Gov. Graves; current term expires 2010.
- Marla Luckert, appointed in 2003 by Gov. Graves; current term expires 2010.
- Carol Beier, appointed in 2003 by Gov. Sebelius; current term expires 2010.
- Eric Rosen, appointed in 2005 by Gov. Sebelius; current term expires 2012.
- Lee Johnson, appointed in 2007 by Gov. Sebelius; current term expires 2008.
Removal From Office
"Kansas judges may be removed in one of three ways:
Judges may be removed by impeachment and conviction, as prescribed in Article 2 of the Kansas Constitution.
Judges of the court of appeals and district court may be removed by the supreme court on the recommendation of the commission on judicial qualifications. The commission on judicial qualifications is authorized to investigate allegations of misconduct and to recommend a formal hearing. If the charges are proven by clear and convincing evidence, the commission may admonish the judge, issue a cease-and-desist order, or recommend to the supreme court public censure, suspension, removal, or compulsory retirement of the judge.
Supreme court justices are subject to retirement upon certification to the governor (after a hearing by the supreme court nominating commission) that the justice is so incapacitated as to be unable to perform his duties."[3]
See Also
- Kansas Court of Appeals
- District Courts: Kansas
- Kansas Municipal Courts
- Kansas Judicial Council
- Supreme Court Nominating Commission
External Links
- Kansas Courts, official website of the state's judiciary.
- 2008 Kansas Directory: The Kansas Judiciary, Kansas Secretary of State.
- Kansas Supreme Court Discovers “Education” as Fundamental Right, Kansas Meadowlark, Sept 10, 2005.
- Sebelius continues packing Kansas Supreme Court with Democrats, Kansas Meadowlark, July 22, 2005.
- Summary of Blogging on Judicial Ethics in Kansas, Voice For Liberty in Wichita
- The Wrong Canon; The Wrong Allegrucci, Voice For Liberty in Wichita. Although Justice Allegrucci no longer sits on the Kansas Supreme Court, this article illustrates what passes for judicial ethics in Kansas.
- Professor questions judge selection, Lawrence Journal-World. Editorial by Kansas University School of Law professor Stephen J. Ware, recommending changes to the way Kansas selects supreme court judges. Selection to the Kansas Supreme Court, the paper that Professor Ware wrote.
