Tuesday, January 28, 2020

Court of Appeals Nominating Commission created

Here is a link to the Governor's press release announcing Executive Order 20-01 creating a Court of Appeals Nominating Commission. Once upon a time, the Supreme Court Nominating Commission, created by the Kansas Constitution, served a screening role for both Kansas Supreme Court and Kansas Court of Appeals vacancies. But because the Court of Appeals is entirely a statutory creation, the Legislature can and did modify the selection process for judges of that court. Now the statute provides for the Governor to appoint someone (no nominating commission) with confirmation by the Kansas Senate. The last few vacancies were filled by this method.

Governor Kelly is choosing to use a nominating commission, who she will name. Other than that, the process would appear to look very similar to the Supreme Court nominating process. But, in contrast to the Supreme Court nomination process, Court of Appeals appointments will still have to be confirmed by the Kansas Senate.

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