Saturday, September 11, 2010

Lawsuit challenges judicial nomination process

Here is an AP article that describes a lawsuit filed in federal court that seeks an injunction against the Supreme Court Nominating Commission from filling the vacancy on the Kansas Supreme Court. The lawsuit claims that Kansas employs an unconstitutional method for replacing judges, in part because it gives too much power to attorneys.

The current selection process is provided for in the Kansas Constitution, and it was specifically approved by Kansas voters in 1958. While it is very unlikely that a federal court is going to tell Kansas how to select its state judges, this lawsuit could create uncertainty in Kansas courts for some time if an injunction is granted.

[Update: here is a link to Judge Belot's decision denying a preliminary injunction stopping the judicial selection process.]

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