Litigation

Lawsuit Over KS Supreme Court Rejected

By Peter Hardin

U.S. District Judge Monti Belot threw out Wednesday a federal lawsuit challenging the way state Supreme Court justices are selected under Kansas? merit-based selection system. He wrote:

?It is not this court?s job to weigh in on the debate except to point out that Kansas voters approved the present system and the absence of evidence that Kansas? system has not worked and will not continue to work to ensure that qualified individuals are appointed to the Kansas Supreme Court and the Kansas Court of Appeals.?

His decision is not expected to end a continuing controversy, according to an Associated Press article. In the legislature, abortion foes are preparing to try to make changes to the state Constitution that would affect the process.

The lawsuit, filed by lawyer James Bopp of Indiana, sought 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 (see Gavel Grab).  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  that under this system, ordinary Kansas voters are denied an equal voice in selecting Supreme Court justices.

Judge Belot rejected in September the request for a preliminary injunction. Gov. Mark Parkinson named a new justice recently (see Gavel Grab). On Election Day, Kansas voters retained four justices in retention elections.

Full post as published by The Gavel on November 04, 2010 (boomark / email).