Kansas: House votes to end merit selection for Court of Appeals

Unlike most state supreme courts, whose selection methods are typically placed into the state constitution, intermediate appellate courts (such as the Kansas Court of Appeals) are creations of statute, including their selection method.

After several attempts to push for constitutional amendments to alter the state’s Supreme Court merit selection system failed, opponents of the selection system instead focused on the state’s Court of Appeals, resulting in passage in the House today of HB 2101 on a 66-53 vote. Under the bill, instead of a judicial nominating commission selecting three names to forward to the governor for selection, the governor would be free to chose anyone otherwise meeting the basic eligibility (such as 10 years practice in law) subject to senate confirmation.

In the original version of the bill, the person confirmed would serve for life, however Article 15 of the state constitution prohibits terms of more than four years unless the constitution itself sets another term (for example, the same constitution gives the supreme court six year terms). As a result, the bill was amended to put retention elections back in.

Initial reports indicate the 66-53 was bipartisan with 48 Republicans joining 18 Democrats to approve the bill and 20 Republicans voting in opposition along with 33 Democrats.