This memorandum describes the methods for filling vacancies on the Kansas Supreme Court and the Kansas Court of Appeals, as well as recent legislative efforts to amend the selection process.
Current Method for Filling Vacancies
Kansas Supreme Court
Article 3, Section 5 of the Kansas Constitution governs selection of Kansas Supreme Court justices. After an amendment in 1958, Section 5 has specified any vacancy on the Court shall be filled through the Governor’s appointment of one of three candidates nominated by the Supreme Court Nominating Commission. The non-partisan Commission has nine members:
- A chairperson who is an attorney chosen by the members of the Kansas Bar;
- One attorney member from each congressional district (4) chosen by members of the Kansas Bar who reside in that district; and
- One non-attorney member from each congressional district (4) appointed by the Governor.
Kansas Court of Appeals
The process for filling vacancies on the Kansas Court of Appeals is governed by statute. In 2013, KSA 20-3020 was amended (2013 HB 2019) to allow the Governor, with the consent of the Senate, to appoint a qualified person to fill any vacancy on the Kansas Court of Appeals.
Under this procedure, the Governor must make an appointment within 60 days of receiving notice of the vacancy from the Clerk of the Supreme Court. Otherwise, the Chief Justice of the Supreme Court, with the consent of the Senate, will appoint a qualified person for the position. The Senate is required to vote on the appointment within 60 days of being received or, if the Senate is not in session and will not be in session within the 60-day time limit, within 20 days of the next session. If the Senate fails to vote within the time limit, its consent will be deemed given. If the appointee does not receive a majority vote in the Senate, the Governor will appoint another qualified person within 60 days, and the same consent procedure will be followed.
Qualifications and Terms
To serve on either Court, a person shall be regularly admitted to the practice of law in Kansas (Kansas Bar) and has engaged in the active and continuous practice of law for at least ten (10) years prior to appointment (See KSA 20-105 and KSA 20-3020). Once appointed, Supreme Court justices and Court of Appeals judges are subject to retention elections following their first full year in office and at the end of each term. Supreme Court justices serve six-year terms, and Court of Appeals judges serve four-year terms.
Legislative Efforts to Change Selection Process
As the Kansas Court of Appeals is governed by statute, amending the method for filling vacancies on that court requires only a statutory amendment. The method for filling vacancies on the Kansas Supreme Court is governed by the Kansas Constitution, which requires a constitutional amendment to modify that process. Article 14, Section 1 of the Kansas Constitution provides that a concurrent resolution originating in either chamber of the Legislature that is approved by two-thirds of all members will be considered by Kansas voters at the next election. If a majority of Kansas voters approve the amendment, it becomes a part of the Kansas Constitution.
Since the process for filling vacancies on the Court of Appeals was amended in 2013, numerous bills and resolutions concerning the selection of Court of Appeals judges and Supreme Court justices have been introduced in the Legislature, but only two concurrent resolutions (2015 HCR 5005 and 2022 SCR 1621) have been debated by the full House or Senate, respectively. Neither resolution was adopted by the required two-thirds majority of members on final action.
by Elizabeth Cohn
Senior Research Analyst
785-296-4382