ABOUT THE RESOLUTION
SCR-1611: Proposing a constitutional amendment to provide for direct election of supreme court justices and abolish the supreme court nominating commission.
Senate Concurrent Resolution No. 1611 proposes amending the Kansas Constitution to change how Supreme Court justices are selected. It suggests that Kansans directly elect justices for six-year terms, starting in 2028, instead of the current appointment system led by a nominating commission. This amendment would dissolve the commission and allow justices to engage in political activities. Set for a vote on August 4, 2026, the resolution offers a choice: support direct elections or keep the existing appointment process. This decision could significantly shift judicial power and accountability in Kansas
THE CURRENT PROCESS
The current method for selecting Kansas Supreme Court justices emphasizes impartiality and integrity. Justices are appointed through a well-established process led by a nominating commission, which carefully reviews candidates to ensure fairness and competence before the governor makes the final decision. This system minimizes political influence, protecting judicial independence and maintaining a balanced approach to justice. By prioritizing merit over politics, the appointment method upholds neutrality and justice. Retaining this process ensures justices remain focused on interpreting the law over political pressures, preserving a fair judicial system for all Kansans.
THE PROPOSED PROCESS
The proposed method of directly electing Kansas Supreme Court justices introduces significant concerns about politicizing the judiciary. With elections, there is a risk of dark money and special interests shaping judicial outcomes, compromising impartiality. This shift could lead to more partisan influence, threatening established rights such as abortion and public education funding. By prioritizing electoral contests over merit-based appointments, the proposal risks undermining the fairness and stability of Kansas's judicial system. This change could result in judges more concerned with campaign support than with justice, altering the landscape of impartial legal interpretation and decision-making.
WHY DO WE APPOINT?
The Kansas "Triple Play" was a political upheaval in 1956-1957 that prompted the shift to a merit-based system for selecting Kansas Supreme Court justices. After a popular governor lost in the primary, both he and the Chief Justice resigned. In a swift maneuver, the outgoing governor appointed the former governor to the Supreme Court, sparking public outrage.
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Chief Justice William Smith, a political ally of Governor Hall, resigned his position.
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Governor Hall resigned, elevating Lieutenant Governor John McCuish to the governorship.
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Newly appointed Governor McCuish then appointed the former Governor Hall to the Supreme Court, filling the vacancy left by Smith.
This incident led to a constitutional amendment that established today's merit selection process.
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