GUEST COLUMN, Don Scott, Liberal and former Seward County Attorney

I have practiced law in this community for more than 30 years, primarily as your county prosecutor. I have appeared before the Court of Appeals and the Kansas Supreme Court close to 100 times. I take this opportunity to share some thoughts on the proposed amendment concerning election of the Kansas Supreme Court justices.

The function of judges and the legislature are very different. Legislators are expected to have and express opinions and positions on views of the day. We are able to select them based on whether their opinions and views coincide with ours.

Judges, on the other hand, are required to be impartial and not form or express opinions on a case until it has been presented by both parties. We would not want a judge sitting on our case if they had already formed or expressed an opinion (unless it was in our favor). Judges are rightly prohibited from deciding a case until it was presented by both sides.

Were the amendment to pass, voters would be required to select judges with very little information except what would be presented in campaign ads paid by donors. We would not or should not know their position on pending cases or cases to be brought before them. A candidate for the Kansas Supreme Court who formed or expressed these types of opinions would not be qualified to sit as a judge.

Under the current system, when there is a vacancy a panel of knowledgeable people vet candidates as to their experiences, character, knowledge of the law and impartiality. They send a list of the qualified persons to the governor (who is elected) for the appointment.

Periodically, judges appear on your ballot for retention. If you are considering a yes vote on the proposed amendment, I suggest you consider how you decide to vote on that retention issue. If you found you did not know enough to make an informed decision, then imagine voting on who to put on the court. The current system may not be perfect, but by no standard of the imagination would partisan elections be an improvement.