Kansas Supreme Court

From Judgepedia

Kansas Supreme Court
Sitting justices
Carol Beier Daniel Biles Robert Davis Lee Johnson Marla Luckert Lawton Nuss Eric Rosen
Former justices
Kay McFarland
Kansas on Judgepedia

The Kansas Supreme Court is the highest court in Kansas. It consists of seven justices, each of whom is appointed by the Governor of Kansas, currently Mark Parkinson. The court is located at the Kansas Judicial Center in Topeka, Kansas.

Jurisdiction

The Kansas Supreme Court has mandatory jurisdiction in civil, criminal, administrative agency, disciplinary, certified questions from federal courts and original proceeding cases, and discretionary jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding, and interlocutory decision cases.^[1]

Case load

In conjunction with the Court of Appeals, in 2007:

• 2,016 appeals were commenced.
• 3,005 appeals were terminated.
• 2,286 appeals were pending as of June 30, 2007.^[2]

The court's justices

The court has seven justices; they are chosen by a commission, and serve renewable six-year terms subject to retention votes. The mandatory age of retirement for a Kansas Supreme Court justice is 70, but a justice may choose to finish out their term if they turn 70 prior to its expiration. ^[3]

Selection of justices

Kansas chooses its justices using a selection commission. 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. If a justice is appointed, he must go to a retention vote after one year. Election to the Kansas Supreme Court gives a term of six years.^[4] Kansas judges may be removed by impeachment and conviction, according to Article 2 of the Kansas Constitution, may be removed by the supreme court on recommendation of commission on judicial qualifications, and or may be removed by the governor due to incapacitation.^[5]

Nominating commission

: See : Kansas Supreme Court 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.

Commission membership

• 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)^[6]

Qualifications

To be qualified to serve on the court, a candidate must have had "ten years of active and continuous practice of law in Kansas."^[7]

Current justices

Seated left to right: Robert Davis, Kay McFarland, Lawton Nuss; Standing left to right: Eric Rosen, Marla Luckert, Carol Beier, Lee Johnson

The seven justices of the Kansas Supreme Court are:

Chief justice

As designated by the Kansas Constitution, Chief Justices are appointed according to seniority, and have the responsibility of supervising the court and the "unified judicial department." When former Chief Justice Kay McFarland retired in January 2009, Robert Davis became the court's Chief Justice. Governor Kathleen Sebelius (D) determined the replacement from the three nominees sent to her by the Kansas Supreme Court Nominating Commission: Court of Appeals Judges Robert Fairchild and Tom Malone, and Overland Park Attorney Daniel Biles. Sebelius had until January 13, 2009 to make her decision, but finalized her decision in the first week of January with Daniel Biles. “For nearly 30 years, Dan has been an incredible advocate for those he represents, including the Kansas State Board of Education, the Kansas Turnpike Authority and the State of Kansas,” said Sebelius in statement. “His constitutional knowledge of issues and extensive experience in the legal field is well-respected. He has argued in front of the Supreme Court on multiple occasions and will now bring his unique perspective to the other side of the bench.”^[8]

History

At it's inception, the Kansas constitution provided that one chief justice and two associate justices would consist of the Supreme Court, and would be elected for six year terms. In 1900, the court increased from three justices to seven. In 1958, the selection of justices changed from partisan election to an appointment process.^[9]

Proposed reforms

Dissatisfaction with the commission-selection of Kansas justices has led to some recent attempts at reform. In 2005, a bill was introduced in the Kansas state legislature called for non-partisan election of the state's justices. That same year, a bill was introduced in the Kansas senate that would have required state senate confirmation of any justices chosen by the governor from the list provided to the governor by the state's judicial nominating commission.

Courthouse

"Within these walls, the balance of Justice weighs equal"; Statuary at the Kansas Judicial Center in Topeka

The Kansas Supreme Court sits in Topeka in the Kansas Judicial Center, which was completed in 1978. The building holds the 22-foot white marble statute, created by artist Bernard "Poco" Frazier. According to the "Eight Wonders of Kansas," "'Justice' kneels on a granite pedestal at the center of the Kansas Judicial Center. In a departure from the more traditional depictions of justice as a woman wearing a blindfold, in the Frazier statute, "Justice" is seen in a kneeling posture, eyes open, looking at her upraised arm at the symbolic figure of the Prairie Falcon, native to Kansas. The Prairie Falcon is native to Kansas and its vision is thought to be eight times more powerful than human vision. In 1976, work stopped with the artists' death; Malcolm Frazier, his son, was approved to complete the piece.^[10]

External links

• Kansas Courts, official website of the state's judiciary.
• State of the Kansas Judiciary, 2008.
• 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.
• Kansas Supreme Court Blog, write-ups of opinions issued by the Kansas Supreme Court

References

The Kansas Project on Judgepedia

Supreme Court Court of Appeals

Federal district for Kansas Federal court of appeal