Kansas Supreme Court

Infobox_High_Court
court_name = Kansas Supreme Court

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imagesize = 120px
caption =
established =
country = United States flagicon|USA
location = Topeka, Kansas
type = Missouri plan with retention elections
authority = Kansas Constitution
terms = 6 years
positions = 7
website = [http://www.kscourts.org/supct Official site]
chiefjudgetitle = Chief Justice
chiefjudgename = Kay McFarland
termstart = September 1, 1995
termend =
termend2 = January 2009

The Kansas Supreme Court is the highest judicial authority in the state of Kansas based in Topeka. Composed of seven justices, led by Chief Justice Kay McFarland, the Court supervises the legal profession, administers over the judicial branch, and serves as the state court of last resort in the appeals process.

Functions

Administration

The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of Kansas government.

upervision

According to the the Court has the general administrative authority over all Kansas courts. Its rules govern the appellate practice in the Kansas Court of Appeals 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.

Judicial

The Kansas Supreme Court 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. [cite web | title = Kansas Supreme Court Purpose and Authority | url =http://www.kscourts.org/supct/scinfo.htm | format = English | accessdate =2007-03-05]

Jurists

election process

When a vacancy opens up on the Kansas Supreme Court the Supreme Court Nominating Commission submit a list of 3 qualified individuals to the Governor of Kansas. 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's 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. [cite web | title = Judicial Selection in Kansas: An Introduction | url =http://www.ajs.org/js/KS_methods.htm | format = English | accessdate =2007-03-05]

To be considered as a Justice one must be between the ages of 30-70. They 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 they 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 half. There are no official set of questions but are normally consisting of such topics as the potential nominees’ legal scholarship, professional experience, writing ability, and community service. 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.

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 vote 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. [cite web | title = State of Kansas, Supreme Court | url =http://pview.findlaw.com/view/2349634_2?noconfirm=0 | format = English | accessdate =2007-03-05]

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. [cite web | title = Kansas Supreme Court Justices | url =http://www.kscourts.org/supct/scbios.htm | format = English | accessdate =2007-03-05] 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. [cite web | title = Committee Considers Changing Selection of Supreme Court Justices | url =http://www2.ljworld.com/news/2006/feb/09/committee_considers_changing_selection_supreme_cou/ | format = English | accessdate =2007-03-05]

Current justices

Composition

The Kansas Supreme Court has 7 justices. This includes 3 women (MacFarland, Luckert, Beier), 4 Democrats (Davis, Luckert, Beier, and Rosen), and 4 alumni of Washburn University School of Law (MacFarland, Luckert, Rosen, Johnson).

Removing a judge

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 impeachment and conviction as specified in Article 3 of the . 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.

Controversy

"Limon v. Kansas"

The Kansas Supreme Court unanimously struck down part of a law that sentence Matthew Limon to prison over a decade longer than a heterosexual would receive because of different age of consent laws for homosexuals. [cite web | title = The Other Matthew | url =http://bostonphoenix.com/boston/news_features/other_stories/documents/02704491.htm | format = English | accessdate =2007-03-05]

"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. [cite web | title = Montoy v. Kansas | url =http://www.kscourts.org/kscases/supct/2005/20050103/92032.htm | format = English | accessdate =2007-03-05] [cite web | title = School Suit Means More Stability, But Much Is Unsettled | url =http://www2.ljworld.com/news/2006/sep/24/school_suit_means_more_stability_much_unsettled/?kansas_legislature | format = English | accessdate =2007-03-05] [cite web | title = Timeline of Events in School Finance Lawsuit | url =http://www2.ljworld.com/news/2006/jun/22/timeline_events_school_finance_lawsuit/?kansas_legislature | format = English | accessdate =2007-03-05] [cite web | title = Vonnegut: Lawyers Could Use Literary Lesson | url =http://www2.ljworld.com/news/2005/may/05/vonnegut_lawyers_could/ | format = English | accessdate =2007-03-05] Many Republicans saw this as an act of judicial activism leading to some calls for changes in how justices are selected. [cite web | title = Committee Considers Changing Selection of Supreme Court Justices | url =http://www2.ljworld.com/news/2006/feb/09/committee_considers_changing_selection_supreme_cou/ | format = English | accessdate =2007-03-05]

"Kansas v. Marsh"

The Court ruled in "Kansas v. Marsh" 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. [cite web | title = Justices Pose Pointed Death Penalty Queries | url =http://www.findarticles.com/p/articles/mi_qn4179/is_20060426/ai_n16458855 | format = English | accessdate =2007-03-05]

"Kline v. Tiller"

The Court unanimously allowed then Attorney General Phill Kline to examine the abortion records of 90 women to investigate possible crimes. [cite web | title = Kansas Supreme Court Ruling Allows State AG To Seek Abortion Records, Restricts Access To Personal Information | url =http://www.medicalnewstoday.com/medicalnews.php?newsid=37233 | format = English | accessdate =2007-03-05] It later denied Kline from pursuing 30 misdemeanor criminal charges against Dr. George Tiller after he lost office. [cite web | title = Former AG’s Case Against Abortion Doctor Now Dead | url =http://www.kansascity.com/mld/kansascitystar/news/politics/16697636.htm | format = English | accessdate =2007-03-05] The case was a major issue in the 2006 defeat of Kline by former prosecutor and current Attorney General Paul Morrison whose investigation found no crimes. [cite web | title = Battle of Attorneys Clouds Sex Crime Issue | url =http://www.kansas.com/mld/kansas/16353869.htm | format = English | accessdate =2007-03-05]

References

External links

* [http://www.kscourts.org/kansas-courts/supreme-court/default.asp Kansas Supreme Court]