Litigation

OK to Fill KS High Court Vacancy, Judge Rules

By Peter Hardin

Kansas can move forward to fill a vacancy on its state Supreme Court, a federal judge ruled in a lawsuit challenging the way Kansas selects its justices.

District Judge Monti Belot rejected a request for an injunction against lawyer members of a nominating commission that recommends candidates for appointment by the governor, according to an Associated Press article.

The judge found that the plaintiffs challenging Kansas merit-based selection system did not show they were likely to win the lawsuit on its merits.

A preliminary injunction did not serve the public interest and would interrupt a process long in place, a Wichita Eagle article quoted the judge as saying.

Jay Fowler, a lawyer who serves on the nominating commission, said about the ruling, “Merit selection of the Supreme Court is an important part of our state constitution and Judge Belot’s order allows that process to go forward.”

Lawyer James Bopp of Indiana, representing the Kansas plaintiffs, had contended that under the state’s  system, ordinary Kansas voters are denied an equal voice in selecting Supreme Court justices.

To learn more about merit selection, check out Justice at Stake’s issues page about it. To read more about the Kansas lawsuit, turn to Gavel Grab.

Full post as published by The Gavel on September 15, 2010 (boomark / email).