Fairness. Impartiality. These attributes are key to maintaining a court system that is respected by the public. Matt Birch, attorney with Shamberg, Johnson & Berman in Kansas City, MO, and representative from the Kansas Association for Justice, spoke to Rotarians about the role of the judiciary on June 22. Birch began his comments by highlighting the division of power between legislative, administrative, and judicial branches that structures federal and state governments. The courts were devised to stand independent of politics, serving as a check and balance to the actions of the other two branches of government where individuals are elected to office.
Birch began his comments by highlighting the division of power between legislative, administrative, and judicial branches that structures federal and state governments. The courts were devised to stand independent of politics, serving as a check and balance to the actions of the other two branches of government where individuals are elected to office. The current method of appointing Supreme Court judges in Kansas is known as a “merit system.” It was established in 1958 in response to the infamous “triple play” that took place in Kansas in 1956. Designed to separate judicial nominations from politics, the process uses a Supreme Court Nominating Commission made up of attorneys and other citizens to nominate three qualified people for the open seats on the court. The Governor selects one of the three nominees to serve.
The current method of appointing Supreme Court judges in Kansas is known as a “merit system.” It was established in 1958 in response to the infamous “triple play” that took place in Kansas in 1956. Designed to separate judicial nominations from politics, the process uses a Supreme Court Nominating Commission made up of attorneys and other citizens to nominate three qualified people for the open seats on the court. The Governor selects one of the three nominees to serve.Birch explained that the merit system method of selecting judges in Kansas is now being challenged in the state legislature. Instead of the merit system, the proposal is for a “federal-style” model where the Governor would select the nominee to the Supreme Court, subject to senate confirmation. Such a change to the selection procedure for Supreme Court judges will require an amendment to the Kansas State Constitution. This new procedure is already in place for the Kansas appellate courts, established under a statute passed in 2013.
Birch explained that the merit system method of selecting judges in Kansas is now being challenged in the state legislature. Instead of the merit system, the proposal is for a “federal-style” model where the Governor would select the nominee to the Supreme Court, subject to senate confirmation. Such a change to the selection procedure for Supreme Court judges will require an amendment to the Kansas State Constitution. This new procedure is already in place for the Kansas appellate courts, established under a statute passed in 2013.Matt Birch noted that this fall five Supreme Court judges will be on the state ballot in a routine retention election. Professional ethics prevents them from “campaigning” or defending their records in any way. Birch urged voters to avoid being influenced by whether or not these judges had made decisions that were popular with the public and instead to assess each of the five judges according to their professionalism, ethics, and legal credentials.
Matt Birch noted that this fall five Supreme Court judges will be on the state ballot in a routine retention election. Professional ethics prevents them from “campaigning” or defending their records in any way. Birch urged voters to avoid being influenced by whether or not these judges had made decisions that were popular with the public and instead to assess each of the five judges according to their professionalism, ethics, and legal credentials.
