Kansas Supreme Court
| Kansas Supreme Court |
|---|
|
| Court Information |
| Justices: 7 |
| Founded: 1861 |
| Location: Topeka |
| Salary |
| Associates: $168,598[1] |
| Judicial Selection |
| Method: Assisted appointment (Bar-controlled commission) |
| Term: 6 years |
| Active justices |
|
Caleb Stegall |
Founded in 1861, the Kansas Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Marla Luckert.[2]
As of December 2020, five judges on the court were appointed by a Democratic governor and two judges were appointed by a Republican governor.
The Kansas Supreme Court meets in the Kansas Judicial Center in Topeka, Kansas.[3]
In Kansas, state supreme court justices are selected through assisted appointment with a bar-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the state Bar Association. This is the only state using this selection method. To read more about the assisted appointment of judges, click here.
Jurisdiction
According to the Kansas Secretary of State's office:
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The [Kansas Supreme Court] hears direct appeals from district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. It may review cases decided by the Kansas Court of Appeals or may transfer cases from that court to the supreme court. The supreme court also has original jurisdiction in several types of cases.[4] |
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The supreme court also had general administrative authority over all lower courts in the state:
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Its rules govern appellate practice in the supreme court and the court of appeals, and procedures in district courts. The supreme court rules also provide for examining and admitting attorneys, set forth code of professional responsibility that govern attorney conduct, and include the canons of judicial ethics that govern conduct of judges. Rules also provide for examining and certifying official court reporters. The supreme court also may discipline attorneys, judges and nonjudicial employees.[4] |
” |
| —Office of the Kansas Secretary of State | ||
Justices
The table below lists the current judges of the Kansas Supreme Court, their political party, and when they assumed office.
| Office | Name | Party | Date assumed office |
|---|---|---|---|
| Kansas Supreme Court | Daniel Biles | Nonpartisan | January 7, 2009 |
| Kansas Supreme Court | Marla Luckert | Nonpartisan | January 13, 2003 |
| Kansas Supreme Court | Eric Rosen | Nonpartisan | 2005 |
| Kansas Supreme Court | Melissa Standridge | Nonpartisan | December 14, 2020 |
| Kansas Supreme Court | Caleb Stegall | Nonpartisan | December 5, 2014 |
| Kansas Supreme Court | Keynen Wall | Nonpartisan | August 3, 2020 |
| Kansas Supreme Court | Evelyn Z. Wilson | Nonpartisan | January 24, 2020 |
Judicial selection
- See also: Judicial selection in Kansas
The seven justices on the Kansas Supreme Court are selected through the assisted appointment method. The Kansas Supreme Court Nominating Commission is responsible for providing the names of nominees to the governor, who must then select a justice from that list.[5] The commission is made up of nine members, one lawyer and non-lawyer from each congressional district and one additional lawyer who serves as chairperson. The four non-lawyers are appointed by the governor. Four lawyers are elected by members of the Kansas State Bar in each congressional district. The fifth lawyer is elected by a statewide vote of members of the Kansas State Bar.[5]
Newly appointed justices serve for at least one year, after which they must stand for retention in the next even-year general election. If retained, the justice serves a six-year term and must stand for retention every six years after that point to remain in office.[5]
Qualifications
To serve on this court, a judge must:[5]
- have at least 10 years of active and continuous law practice in the state;[6]
- be at least 30 years old; and
- be no older than 75. If a sitting judge turns 75 while on the bench, he or she may serve out the term.
Chief justice
The court's chief justice is chosen by seniority. He or she is the longest-serving justice on the court and serves as chief indefinitely.[7] Upon his or her retirement, the justice with the next-longest tenure on the court becomes chief justice.
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections
2022
- See also: Kansas Supreme Court elections, 2022
Candidates and election results
Daniel Biles' seat
Kansas Supreme Court, Daniel Biles' seat
Daniel Biles was retained to the Kansas Supreme Court on November 8, 2022 with 65.2% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
65.2
|
571,967 | ||
No |
34.8
|
305,828 | |||
Total Votes |
877,795 | ||||
|
|
Marla Luckert's seat
Kansas Supreme Court, Marla Luckert's seat
Marla Luckert was retained to the Kansas Supreme Court on November 8, 2022 with 65.8% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
65.8
|
577,028 | ||
No |
34.2
|
299,524 | |||
Total Votes |
876,552 | ||||
|
|
Melissa Standridge's seat
Kansas Supreme Court, Melissa Standridge's seat
Melissa Standridge was retained to the Kansas Supreme Court on November 8, 2022 with 66.8% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
66.8
|
592,572 | ||
No |
33.2
|
295,029 | |||
Total Votes |
887,601 | ||||
|
|
Caleb Stegall's seat
Kansas Supreme Court, Caleb Stegall's seat
Caleb Stegall was retained to the Kansas Supreme Court on November 8, 2022 with 72.9% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
72.9
|
639,624 | ||
No |
27.1
|
237,864 | |||
Total Votes |
877,488 | ||||
|
|
Keynen Wall's seat
Kansas Supreme Court, Kenyen Wall's seat
Keynen Wall was retained to the Kansas Supreme Court on November 8, 2022 with 64.7% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
64.7
|
567,079 | ||
No |
35.3
|
308,976 | |||
Total Votes |
876,055 | ||||
|
|
Evelyn Wilson's seat
Kansas Supreme Court, Evelyn Z. Wilson's seat
Evelyn Z. Wilson was retained to the Kansas Supreme Court on November 8, 2022 with 65.7% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
65.7
|
574,938 | ||
No |
34.3
|
299,941 | |||
Total Votes |
874,879 | ||||
|
|
2020
- See also: Kansas Supreme Court elections, 2020
Candidates and results
Rosen's seat
General election candidates
- Eric Rosen (Incumbent) (Nonpartisan) ✔
2016
Justices who faced retention
■ Lawton Nuss 
■ Marla Luckert
■ Carol Beier
■ Daniel Biles
■ Caleb Stegall
Election results
November 8 general election
Lawton Nuss was retained in the Kansas Supreme Court, Nuss' Seat election with 55.32% of the vote.
| Kansas Supreme Court, Nuss' Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Lawton Nuss | 55.32% | |
| Source: Kansas Secretary of State Official Results | ||
Marla Luckert was retained in the Kansas Supreme Court election with 56% of the vote.
| Kansas Supreme Court, Luckert's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Marla Luckert | 56.0% | |
| Source: Kansas Secretary of State Official Results | ||
Carol Beier was retained in the Kansas Supreme Court, Beier's Seat election with 56.24% of the vote.
| Kansas Supreme Court, Beier's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Carol Beier | 56.24% | |
| Source: Kansas Secretary of State Official Results | ||
Daniel Biles was retained in the Kansas Supreme Court election with 55.5% of the vote.
| Kansas Supreme Court, Biles' Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Daniel Biles | 55.59% | |
| Source: Kansas Secretary of State Official Results | ||
Caleb Stegall was retained in the Kansas Supreme Court, Stegall's Seat election with 70.82% of the vote.
| Kansas Supreme Court, Stegall's Seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Caleb Stegall | 70.82% | |
| Source: Kansas Secretary of State Official Results | ||
- Election history, 2008-2014 (click to expand)
2014
RetentionJudge Election Vote Eric Rosen 52.7% 
Lee Johnson (Kansas judge) 2012
Judge Incumbency Division Retention vote Retention Vote % Nancy Moritz 
Yes 666,228 70.9% 2010
- See also: 2010 State Supreme Court elections
Daniel Biles (62%), Marla Luckert (62.7%), Lawton Nuss (62.5%) and Carol Beier (63.2%) were retained in 2010.[8]
2008
- See also: State Supreme Court elections, 2008
Two justices were retained to the Kansas Supreme Court: Eric Rosen with 69.9% of the vote and Lee A. Johnson with 70.2% of the vote.[9]
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year. The figures published by the state below include the Kansas Court of Appeals.[10]
| Kansas Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2019 | 1,797 | 2,620 |
| 2018 | 1,691 | 2,941 |
| 2017 | 1,770 | 2,951 |
| 2016 | 2,045 | 3,244 |
| 2015 | 2,007 | 3,046 |
| 2014 | 1,930 | 3,169 |
| 2013 | 1,784 | 2,777 |
| 2012 | 1,934 | 2,815 |
| 2011 | 1,817 | 2,577 |
| 2010 | 1,854 | 2,784 |
| 2009 | 1,957 | 2,972 |
| 2008 | 1,862 | 2,693 |
| 2007 | 2,016 | 3,005 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 7
- Number of cases: 120
- Percentage of cases with a unanimous ruling: 90.0% (108)
- Justice most often writing the majority opinion: Justice Daniel Biles (20)
- Per curiam decisions: 17
- Concurring opinions: 16
- Justice with most concurring opinions: Justice Caleb Stegall (5)
- Dissenting opinions: 13
- Justice with most dissenting opinions: Justice Daniel Biles (5)
For the study's full set of findings in Kansas, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[11]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[12]
Kansas had a Court Balance Score of -0.50, indicating Democrat control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Kansas was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Kansas received a score of 0.12. Based on the justices selected, Kansas was the 17th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[13]
Noteworthy cases
Kelly v. Legislative Coordinating Council (2020)
Kelly v. Legislative Coordinating Council: On April 9, 2020, Gov. Laura Kelly (D) filed a lawsuit against the Legislative Coordinating Council, which is a seven-member group made up of the state's legislative leaders from both parties. On April 8, the council voted 5-2 along party lines to revoke Kelly's executive order limiting religious gatherings to 10 individuals. Senate President Susan Wagle (R), a member of the council, said that the order violated the principles of freedom of religion.[14] Kelly said that the council violated the state constitution and that only the full legislature has the authority to revoke executive orders.[15]
On April 10, the Kansas Supreme Court announced it would convene on April 11 through a video conference to hear arguments in the case. This was the first time in history the court convened on a Saturday.[16] The Kansas Supreme Court ruled in favor of Kelly. The court said that the Legislative Coordinating Council did not have the power to overrule the governor.[17]
Gannon v. State (2014)
On March 7, 2014, the Kansas Supreme Court ruled that the level at which Kansas had been funding public schools was unconstitutionally low.[18] The court ordered legislators to remedy the difference of funds between school districts by July 1, 2014. The court then sent the case back to a lower court to specify exact amounts.[19]
Ethics
The Kansas Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Kansas. It consists of four overarching canons:
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|
” |
The full text of the Kansas Code of Judicial Conduct can be found here.
Removal of judges
Judges in Kansas may be removed in one of two ways:
- The Kansas Commission on Judicial Qualifications hears allegations of misconduct, investigates, and may hold formal hearings on the allegations. The commission, if it finds that the judge committed the misconduct by clear and convincing evidence, may then admonish or issue a cease-and-desist order on the judge. The commission may also submit a recommendation to the Kansas Supreme Court that a judge be removed from the bench, publicly censured, compulsorily retired, or suspended.
- A judge may also be removed by impeachment and then conviction, pursuant to Article 2 of the Kansas State Constitution.[21]
History of the court
At its inception, the Kansas Constitution provided that one chief justice and two associate justices would comprise the supreme court, and would be elected for six-year terms. In 1900, the court increased from three justices to seven. In 1956, Gov. Fred Hall (R) lost in the Republican primary to challenger Warren Shaw (R). Shaw advanced to the general election where he lost to George Docking (D). On Jan. 3, 1957, before the end of Hall's term, Chief Justice Bill Smith resigned from the bench. The same day, Hall resigned from the governorship. His successor, Lt. Gov. John McCuish (R), then appointed Hall to fill the interim vacancy on the Kansas Supreme Court. Hall remained on the supreme court until resigning in 1958 to run for governor, which he lost.[22][7][23]This series of events led to a constitutional amendment, approved in 1958, that changed the selection of supreme court justices from partisan election to assisted appointment. This amendment created the Kansas Supreme Court Nominating Commission.[24]
Courts in Kansas
- See also: Courts in Kansas
In Kansas, there is a single federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Kansas' state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Party control of Kansas state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Kansas has a divided government where neither party holds a trifecta. The Democratic Party controls the office of governor, while the Republican Party controls both chambers of the state legislature.
See also
External links
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ 2.0 2.1 Kansas Judicial Branch, "Supreme Court," accessed Sept. 25, 2021 Cite error: Invalid
<ref>tag; name "supreme" defined multiple times with different content - ↑ Kansas Judicial Branch, "Visit the Judicial Center," accessed Sept. 25, 2021
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 5.3 Supreme Court Nominating Commission, "Filling a Supreme Court vacancy," Aug. 6, 2020
- ↑ This may include work as a lawyer, judge, or full-time teacher at an accredited law school.
- ↑ 7.0 7.1 Our Kansas Courts, "Judicial Selection," accessed Sept. 24, 2021
- ↑ Kansas Secretary of State, "2010 General Election Results," accessed Sept. 25, 2021
- ↑ Kansas Secretary of State, "2008 General Election Results," accessed Sept. 25, 2021
- ↑ Kansas Judicial Branch, "Annual case statistics from Kansas courts," accessed Sept. 25, 2021
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ The Wichita Eagle, "War over Easter: Kansas lawmakers revoke Gov. Kelly’s order limiting church gatherings," April 8, 2020
- ↑ The Wichita Eagle, "Kansas Gov. Kelly sues lawmakers over vote striking down limits on church gatherings," April 9, 2020
- ↑ WIBW, "Kansas Supreme Court will hear coronavirus case Saturday," April 10, 2020
- ↑ ksn.com, "Kansas Supreme Court rules in favor of Gov. Laura Kelly lawsuit against LCC," April 11, 2020
- ↑ Kansas Judicial Branch, "No. 109,335," accessed Sept. 25, 2021
- ↑ Star Tribune, "Kansas Supreme Court says state is inadequately funding public schools, violating constitution," March 7, 2014
- ↑ Kansas Judicial Branch, "Kansas Code of Judicial Conduct," accessed May 31, 2015
- ↑ National Center For State Courts, "Methods of Judicial Selection: Removal of Judges," accessed May 23, 2015
- ↑ Kansas Judicial Branch, "Historical Listing of Supreme Court Justices," accessed Sept. 24, 2021
- ↑ Humanities Kansas, "TV, The Triple Play, and the Man from Dodge," accessed Sept. 24, 2021
- ↑ CyberCivics, "Kansas Supreme Court," accessed Sept. 24, 2021
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Kansas • U.S. Bankruptcy Court: District of Kansas
State courts:
Kansas Supreme Court • Kansas Court of Appeals • Kansas District Courts • Kansas Municipal Courts
State resources:
Courts in Kansas • Kansas judicial elections • Judicial selection in Kansas
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