     
|
Selection of Judges
The current system by which State judges are selected in Johnson County provides for nomination of judicial candidates by a committee elected by the Kansas Bar Association, with the final selection made by the Governor, not subject to consent or confirmation by the people or their representatives in the Legislature. Some Kansas counties choose their judges by direct election. I believe this system needs to be reformed, because it places too much power and authority in the judicial nomination process in the hands of liberal trial lawyers, who usually comprise a majority of the Kansas Bar nominating commission, and who consistently recommend for selection activist judges who legislate from the bench, rather than strict constructionist judges who properly see their role as interpreting and applying the Constitutions and laws of the United States and the State of Kansas to cases before them for decision.
The current system needs to be replaced by a uniform one statewide that reduces the influence of trial lawyers and strengthens the voice of the people in the judicial selection process. However, I do not support direct election of judges, given the inevitable fundraising burdens and pitfalls in the election process and the potential conflict of interest dilemmas they would cause in the adjudication of cases, as well as the commitment of time and resources required in any political campaign. I prefer a middle approach, modeled on the Federal system, wherein the people’s voice is heard through their elected representatives in the Legislature. I will advocate and vote for a system wherein a nine-member commission nominates judicial candidates for the Governor’s consideration. Three of the Commission members would be appointed by the House Speaker, three by the Senate President, and three by the Governor. The nominating commission, so comprised, would deliberate and submit a panel of three recommended judicial candidates to the Governor for each judicial opening. The Governor would select one candidate from the panel as his choice to fill the judicial vacancy, but his choice will be subject to Senate confirmation by a majority vote, as is the case at the Federal level.
Back to Issues
|
|
|
