Litigation

Lawsuit Hits KS Merit System for Picking Justices

By Peter Hardin

Several Kansans, represented by activist lawyer James Bopp of Indiana, have filed a federal lawsuit challenging the way state Supreme Court justices are selected under Kansas’ merit-based selection system.

The lawsuit seeks a court order blocking a nominating commission from filling a vacancy on the state Supreme Court created by retirement and death of Chief Justice Robert Davis, according to a Wichita Eagle article.

The nominating commission recommends candidates for selection by the governor. The commission is made up of five lawyer members and four non-lawyers. Bopp said in a statement that under this system, ordinary Kansas voters are denied an equal voice in selecting Supreme Court justices.

The nominating panel  fully intends to proceed with identifying nominees to fill the current vacancy on the court absent a court order to the contrary,” countered Ron Keefover, spokesman for the Kansas Judicial Center.

Bopp is best known as a champion for eliminating campaign finance regulation, but this is not his first foray into challenging a merit selection system. You can learn more about Bopp from earlier Gavel Grab posts, and you can read about merit selection of judges by checking out Justice at Stake’s issues page on the topic.

Full post as published by The Gavel on August 30, 2010 (boomark / email).