LETTER TO THE EDITOR, Kansas attorneys

 

The undersigned Kansas attorneys, representing a range of legal practices including prosecution, criminal defense, family law, adoption, civil litigation, and other areas of law, announce their support for the proposed constitutional amendment regarding the selection of Kansas Supreme Court justices and encourage Kansans to vote YES on the Right to Vote Amendment.

As attorneys, we recognize that this amendment would require our profession to relinquish a privilege that attorneys have held for decades, the ability to vote for attorney members of the Kansas Supreme Court Nominating Commission. While we respect the commission and the attorneys who have faithfully served on it, we believe the time has come to place all Kansans on equal footing in the process of selecting the state’s highest court.

This amendment does not ask judges to make partisan promises or decide cases based on their political beliefs. No judge should do either. It is about giving the people of Kansas the final say in selecting the members of their highest court.

Supporting this amendment does not diminish our respect for the Kansas judiciary. It reflects our belief that public confidence is strengthened when authority, accountability and transparency are aligned.

Under the current system, attorneys are afforded a unique role in the judicial selection process that is not available to the general public. We believe every voter should have the same opportunity to participate in choosing the justices who interpret our laws and the Kansas Constitution.

Many respected members of the legal profession have voiced their position that the current system should stay in place. We respect their position. But Kansans should also know that many attorneys support giving the voters the final say.

We contend that, in a representative government, the people are the proper source of authority. The current system creates a Kansas Constitutional requirement that attorneys have majority control over who can be considered for appointment to the Kansas Supreme Court.

The Right to Vote Amendment takes a different approach. It simply allows Kansans to elect their Supreme Court justices. It does not lock a specific selection process into the Constitution.

Under the amendment, lawmakers can still choose nonpartisan elections, create either statewide or regional judicial districts, and impose strict campaign finance rules to help keep judges independent and free from outside influence.

We understand that supporting this amendment means giving up a measure of influence our profession has historically held. Nevertheless, we believe the highest court in Kansas should be selected through a process that involves all Kansans, and better reflects the principles of representative government and democratic accountability that are fundamental to our state.

The legal profession will continue to play an important role in evaluating judicial qualifications, providing professional insight, and helping inform public discussion. But the final decision should not belong to a select group. It should belong to Kansas voters.

We encourage Kansans to carefully review the proposed amendment and join us in supporting a process that gives every citizen an equal opportunity to participate in the selection of Kansas Supreme Court justices.

Vote YES on the Right to Vote Amendment.

 

SIGNATORIES — Mike Kagay, Josh Ney, Mike Patton (Topeka) Chris McGowne, Kent Vincent, Kirk Nystrom, Joe Patton, Cindy Patton Michelle Egbert Susan Humphries Brittany Jones, Bob Lewis, Jim Holt, Mark Kahrs, Dan Dunbar Matt Bingesser Byron Harden Kenny Titus Morten Vigilus Brad Schlozman Corey Moomaw Kurtis Wiard Dean J. Gengler Ann T. Rider Jacob Pugh, Eric Rucker Michael Duenes Jeff Kahrs, Tye Darland, Ray Geoffroy, Logan Overman Shane Pierce, Jessie Rosell, Sean Tarantino, Matt Vermeeren Kristin Westgard Steven M. Stark Calvin Rider, Clayton Kaiser, T. Chet Compton Gordon G. Kirsten, II Matthew Shoger, Sarah Stula Cameron Bernard Alan Cobb Jeffrey Harris, Jr. Gary Ayers, Clay Barker Tim Keck Garrett Roe Ed Pugh Marshall Stula, Lance Kinzer Thomas Witherspoon Luke Nath, Charles Macheers George Bruce Matthew C. Hesse