Kansas Supreme Court
Encyclopedia
The Kansas Supreme Court is the highest judicial authority in the state of Kansas
. Composed of seven justices, led by Chief Justice
Lawton Nuss
, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals process.
an annual budget for the entire judicial branch of Kansas government.
and the Supreme Court. It sets the procedures in the district courts. It also provides oversight to the legal profession by setting rules that provide for the examination and admission of attorneys
within the state, the code of professional responsibility
which governs the conduct of attorneys, and include the canons of judicial ethics which regulate the conduct of judges. Lastly it sets the rules for the examination and certification of official court reports. To ensure compliance the Court may discipline attorneys, judges, and nonjudicial employees.
. The Commission is composed of five lawyer members and four non-lawyer members. One lawyer and one non-lawyer member must be from each of Kansas' congressional districts
, and one additional lawyer member who serves as the chairperson. Lawyer members are elected by their peers in each individual congressional district while the non-lawyer members are appointed by the governor.
To be considered as a Justice, one must be between the ages of 30 and 70. One must also be an attorney licensed in Kansas and be active as a lawyer, judge, or teacher of law at an accredited law school for a minimum of ten years. If a person meets these requirements and wants to be considered for the office, one must complete a detailed nomination form summarizing their educational, professional, community, and financial background. The Kansas Supreme Court Nominating Commission reviews the nomination forms and chooses which potential nominees merit an interview.
The interviews are conducted in the Supreme Court’s Conference Room in Topeka. Generally the interview process will take a day and a half. There is no official set of questions, but topics such as the potential nominees’ legal scholarship, professional experience, writing ability, and community service are normally covered. The Commission also receives letters of recommendation and other background information on the candidates. Once the interviews are complete, the commission enters into discussion to reduce the list to the top six to eight nominees. Then the commission votes by secret ballot
until a list of three nominees is chosen by majority vote to submit to the Governor.
in the next general election. If the justice receives approval from a majority of electors the he or she remain in office for a 6 year term. After the conclusion of each term the justice must face another retention vote. Retirement
is mandatory at age 70 or upon completion of the justice's current term.
The justice who has the longest continuous service is designated by the Kansas Constitution as the chief justice, unless he or she declines or resigns the position. The chief justice's duty is to exercise the administrative authority of the court. This merit system or Missouri Plan
has been used in Kansas since 1958, voted in by Kansans upset when Governor Fred Hall
resigned after losing the gubernatorial primary so he could be appointed to the Supreme Court by his successor Governor John McCuish
.
and conviction as specified in Article 3 of the Kansas Constitution. Justices can also be forced to retire upon certification to the governor after a hearing by the Supreme Court Nominating Commission that the Justice is so incapacitated as to be unable to perform the duties of the office.
in 1854, President Franklin Pierce
appointed Samuel Dexter LeCompte
as the first chief justice of the Supreme Court of the Kansas Territory.
laws for homosexuals.
leading to some calls for changes in how justices are selected.
that the Kansas Death Penalty was unconstitutional because the Eighth Amendment
prohibits imposing death when mitigating
and aggravating sentencing factors were equally balanced. The United States Supreme Court disagreed and reversed in a 5-4 decision.
to examine the abortion
records of 90 women to investigate possible crimes. It later denied Kline from pursuing 30 misdemeanor criminal charges against Dr. George Tiller
after he lost office. The case was a major issue in the 2006 defeat of Kline by former prosecutor and former Attorney General Paul Morrison
whose investigation found no crimes.
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
. Composed of seven justices, led by Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Lawton Nuss
Lawton Nuss
Lawton R. Nuss is a Kansas Supreme Court Justice appointed by Governor Bill Graves in August 2002. He is the current Chief Justice upon Robert E. Davis's resignation.-Personal life:Lawton R. Nuss was born in Salina, Kansas in 1952...
, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals process.
Judicial
The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by the Court of Appeals and the ability to transfer cases to the U.S. Supreme Court.Administration
The Kansas Supreme Court must adopt and submit to the Kansas LegislatureKansas Legislature
The Kansas Legislature is the state legislature of the U.S. state of Kansas. It is a bicameral assembly, composed of the lower Kansas House of Representatives, composed of 125 Representatives, and the upper Kansas Senate, with 40 Senators...
an annual budget for the entire judicial branch of Kansas government.
Supervision
According to the Kansas Constitution, the Court has general administrative authority over all Kansas courts. Its rules govern the appellate practice in the Kansas Court of AppealsKansas Court of Appeals
The Kansas Court of Appeals is the intermediate-level appellate court for the U.S. state of Kansas.-History:The Kansas Legislature crated the first Kansas Court of Appeals in 1895, to help the Kansas Supreme Court with an increasingly heavy caseload. The original statute that created the court...
and the Supreme Court. It sets the procedures in the district courts. It also provides oversight to the legal profession by setting rules that provide for the examination and admission of attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
within the state, the code of professional responsibility
Professional responsibility
Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests....
which governs the conduct of attorneys, and include the canons of judicial ethics which regulate the conduct of judges. Lastly it sets the rules for the examination and certification of official court reports. To ensure compliance the Court may discipline attorneys, judges, and nonjudicial employees.
Selection Process
When a vacancy opens up on the Kansas Supreme Court, the Supreme Court Nominating Commission submits a list of three qualified individuals to the Governor of KansasGovernor of Kansas
The Governor of the State of Kansas is the head of state for the State of Kansas, United States. Under the Kansas Constitution, the Governor is also the head of government, serving as the chief executive of the Kansas executive branch, of the government of Kansas. The Governor is the...
. The Commission is composed of five lawyer members and four non-lawyer members. One lawyer and one non-lawyer member must be from each of Kansas' congressional districts
Kansas Congressional Districts
Following the 2000 Census, the U.S state of Kansas neither gained nor lost seats in the United States House of Representatives, retaining its four seats...
, and one additional lawyer member who serves as the chairperson. Lawyer members are elected by their peers in each individual congressional district while the non-lawyer members are appointed by the governor.
To be considered as a Justice, one must be between the ages of 30 and 70. One must also be an attorney licensed in Kansas and be active as a lawyer, judge, or teacher of law at an accredited law school for a minimum of ten years. If a person meets these requirements and wants to be considered for the office, one must complete a detailed nomination form summarizing their educational, professional, community, and financial background. The Kansas Supreme Court Nominating Commission reviews the nomination forms and chooses which potential nominees merit an interview.
The interviews are conducted in the Supreme Court’s Conference Room in Topeka. Generally the interview process will take a day and a half. There is no official set of questions, but topics such as the potential nominees’ legal scholarship, professional experience, writing ability, and community service are normally covered. The Commission also receives letters of recommendation and other background information on the candidates. Once the interviews are complete, the commission enters into discussion to reduce the list to the top six to eight nominees. Then the commission votes by secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
until a list of three nominees is chosen by majority vote to submit to the Governor.
Appointments
The governor then selects one of the three from the Commission's list to become a justice. If the Governor fails to make an appointment within 60 days the choice is then made by the Chief Justice of the Kansas Supreme Court. After the first year in office, the justice undergoes a retention voteRetention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
in the next general election. If the justice receives approval from a majority of electors the he or she remain in office for a 6 year term. After the conclusion of each term the justice must face another retention vote. Retirement
Retirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
is mandatory at age 70 or upon completion of the justice's current term.
The justice who has the longest continuous service is designated by the Kansas Constitution as the chief justice, unless he or she declines or resigns the position. The chief justice's duty is to exercise the administrative authority of the court. This merit system or Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
has been used in Kansas since 1958, voted in by Kansans upset when Governor Fred Hall
Fred Hall
Frederick "Fred" Lee Hall was a Republican lawyer and politician who served as Lieutenant Governor of Kansas, 1951–55 and the 33rd Governor of Kansas, 1955-57...
resigned after losing the gubernatorial primary so he could be appointed to the Supreme Court by his successor Governor John McCuish
John McCuish
John Berridge McCuish was the 34th Governor of Kansas.McCuish was born in Leadville, Colorado and attended Kemper Military School in Boonville, Missouri before graduating from Washburn University in Topeka, Kansas in 1925. After running several Harvey County newspapers, McCuish entered the...
.
Current Justices
The Kansas Supreme Court has seven justices. This includes three women (Luckert, Beier, Caplinger), and five alumni of Washburn University School of Law (Luckert, Rosen, Johnson, Biles, Caplinger). The appointment of Dan Biles by Governor Sebelius marks the first time a majority of the court has been appointed by one person.| Justice | Birthplace | Year Service Began | Next Retention Election | Appointing Governor | Law School |
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| Lawton Nuss Lawton R. Nuss is a Kansas Supreme Court Justice appointed by Governor Bill Graves in August 2002. He is the current Chief Justice upon Robert E. Davis's resignation.-Personal life:Lawton R. Nuss was born in Salina, Kansas in 1952... (Chief Justice) |
Salina, Kansas Salina is a city in and the county seat of Saline County, Kansas, United States. As of the 2010 census, the city population was 47,707. Located in one of the world's largest wheat-producing areas, Salina is a regional trade center for north-central Kansas... |
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Bill Graves William Preston "Bill" Graves , was the 43rd Governor of Kansas from 1995 until 2003.Graves was born in Salina, Kansas in 1953 to parents who owned a trucking firm... |
University of Kansas School of Law The University of Kansas School of Law is a public law school located on the main campus of the University of Kansas in Lawrence, Kansas. The University of Kansas Law School was founded in 1893, replacing the earlier Department of Law, which had existed since 1878. The school has more than 50... |
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| Marla Luckert Marla Luckert is a Kansas Supreme Court Justice appointed by Governor Bill Graves on Nov. 20, 2002 and sworn in January 13, 2003.-Personal life:... |
Goodland, Kansas Goodland is a city in and the county seat of Sherman County, Kansas, United States. As of the 2010 census, the city population was 4,489.-History:... |
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| Carol A. Beier Carol A. Beier is a Kansas Supreme Court Justice appointed by Governor Kathleen Sebelius. She took office September 5, 2003 to replace retiring Justice Bob Abbott.-Personal life:... |
Kansas City, Kansas Kansas City is the third-largest city in the state of Kansas and is the county seat of Wyandotte County. It is a suburb of Kansas City, Missouri, and is the third largest city in the Kansas City Metropolitan Area. The city is part of a consolidated city-county government known as the "Unified... |
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Kathleen Sebelius Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors... |
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| Eric Rosen Eric S. Rosen is a Kansas Supreme Court Justice. He was appointed to the Court by Governor Kathleen Sebelius in 2005.-Personal life:... |
Topeka, Kansas Topeka |Kansa]]: Tó Pee Kuh) is the capital city of the U.S. state of Kansas and the county seat of Shawnee County. It is situated along the Kansas River in the central part of Shawnee County, located in northeast Kansas, in the Central United States. As of the 2010 census, the city population was... |
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| Lee A. Johnson Lee A. Johnson is a Kansas Supreme Court Justice appointed by Governor Kathleen Sebelius. He started on January 8, 2007 to replace retiring Justice Donald L. Allegrucci.-Personal life:... |
Caldwell, Kansas Caldwell is a city in Sumner County, Kansas, United States. As of the 2010 census, the city population was 1,068.-19th century:In 1887, the Chicago, Kansas and Nebraska Railway built a branch line north-south from Herington to Caldwell... |
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El Dorado, Kansas El Dorado is a city situated along the Walnut River in the central part of Butler County, located in south-central Kansas, in the Central United States. As of the 2010 census, the city population was 13,021. It is the county seat and most populous city of Butler County... |
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| Nancy Caplinger Nancy Moritz Caplinger is a justice on the Kansas Supreme Court. She was appointed to this position by Governor Parkinson in November 2010 and was sworn in on January 7, 2011.-Biography:... |
Beloit, Kansas Beloit is a city in and the county seat of Mitchell County, Kansas, United States. As of the 2010 census, the city population was 3,835.- History :... |
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Mark Parkinson Mark V. Parkinson is the president and chief executive officer of the American Health Care Association and the National Center for Assisted Living... |
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Removing a Justice
Due to the checks and balances of the judicial branch with the legislative and executive branches, it is difficult to remove a Justice. Usually a Justice either dies, retires by choice, or retires after surpassing the state age limit of 70. A Justice may be removed by impeachmentImpeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
and conviction as specified in Article 3 of the Kansas Constitution. Justices can also be forced to retire upon certification to the governor after a hearing by the Supreme Court Nominating Commission that the Justice is so incapacitated as to be unable to perform the duties of the office.
History
Following the passage of the Kansas-Nebraska ActKansas-Nebraska Act
The Kansas–Nebraska Act of 1854 created the territories of Kansas and Nebraska, opening new lands for settlement, and had the effect of repealing the Missouri Compromise of 1820 by allowing settlers in those territories to determine through Popular Sovereignty if they would allow slavery within...
in 1854, President Franklin Pierce
Franklin Pierce
Franklin Pierce was the 14th President of the United States and is the only President from New Hampshire. Pierce was a Democrat and a "doughface" who served in the U.S. House of Representatives and the Senate. Pierce took part in the Mexican-American War and became a brigadier general in the Army...
appointed Samuel Dexter LeCompte
Samuel Dexter LeCompte
Samuel Dexter LeCompte was born in Dorchester County, Maryland, on December 13, 1814. He was a lawyer and judge in Kansas.He graduated from Jefferson College in 1834....
as the first chief justice of the Supreme Court of the Kansas Territory.
State v. Limon
The Kansas Supreme Court unanimously struck down part of a law that sentenced Matthew Limon to prison over a decade longer than a heterosexual would have received because of different age of consentAge of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
laws for homosexuals.
Montoy v. Kansas
The court has ruled that the $2.7 billion in school funding was inadequate and distributed unfairly. It then recommend the Kansas legislature increase funding to schools and change the way the money was distributed. Many Republicans saw this as an act of judicial activismJudicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
leading to some calls for changes in how justices are selected.
Kansas v. Marsh
The Court ruled in Kansas v. MarshKansas v. Marsh
Kansas v. Marsh, 548 U.S. 163 , is a case decided by the United States Supreme Court. The Court held that a Kansas death penalty statute was consistent with the U.S...
that the Kansas Death Penalty was unconstitutional because the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
prohibits imposing death when mitigating
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
and aggravating sentencing factors were equally balanced. The United States Supreme Court disagreed and reversed in a 5-4 decision.
Kline v. Tiller
The Court unanimously allowed then Attorney General Phill KlinePhill Kline
Phillip D. "Phill" Kline is the former district attorney of Johnson County, Kansas, USA. From January 2003 to January 2007, he was the Attorney General of Kansas. Kline, a member of the Republican Party, lost re-election as attorney general to Democratic challenger Paul Morrison on November 7,...
to examine the abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
records of 90 women to investigate possible crimes. It later denied Kline from pursuing 30 misdemeanor criminal charges against Dr. George Tiller
George Tiller
George Richard Tiller, MD was an American physician from Wichita, Kansas. He was the medical director of a clinic in Wichita, Women's Health Care Services, one of only three nationwide which provided abortions after the 21st week of pregnancy .Pro-life group Operation Rescue kept a daily vigil...
after he lost office. The case was a major issue in the 2006 defeat of Kline by former prosecutor and former Attorney General Paul Morrison
Paul Morrison
Paul Morrison is the name of:* John Paul Morrison , aka Paul Morrison or J. Paul Morrison, Canadian computer programmer* Paul Morrison , British film director & screenwriter...
whose investigation found no crimes.