How does it work today?A 9-person commission nominates three finalists for each judicial vacancy. The governor reviews and interviews these finalists, then selects one to appoint.
Voters later decide whether to retain or remove the judge in the next even-year election, and again every six years after that. Note: The commission is made up of one lawyer and one non-lawyer from each congressional district, along with one additional lawyer that serves as chairperson. Vertical Divider
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How would it change?If the amendment passes, Supreme Court justices would be elected directly by voters, similar to elections for governor or state legislators.
Anyone could run for a seat by placing their name on the ballot, and judges would be allowed to campaign and accept campaign contributions like other political candidates. |
Key Takeaways
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Digging in Deeper
Want more information? Great! We have the details.
How did we get here?Kansas currently selects Supreme Court justices through a merit-based system, a direct response to a 1956 political scandal known as the Triple Play.
That year, Gov. Fred Hall lost his re-election bid and schemed to install himself as chief justice. A few days before his term ended, Hall and the sitting chief justice (a friend of Hall's) both resigned, allowing the lieutenant governor to be sworn in as governor. In his only official act during 11 days in office, the new governor appointed Hall to the chief justice seat. At the time, justices were elected, but the governor had power to fill vacancies between elections — which is exactly what made the scheme possible. Kansans were outraged. To keep politics out of their courts, they amended the state constitution, creating a system that selects justices based on merit — their qualifications, experience, and ability to be fair to all. For 68 years, that system has worked well under both Republican and Democratic administrations, keeping courts fair, impartial, and insulated from partisan pressure. |
How does the merit system work?In 1958, Kansans overwhelmingly voted to adopt the merit system for selecting Supreme Court justices, a direct response to prevent another Triple Play.
At the heart of this system is the Supreme Court Nominating Commission, a nine-member panel responsible for recommending three qualified candidates to the governor. The commission includes one lawyer and one non-lawyer from each of Kansas's four congressional districts, plus a ninth member — a lawyer who serves as chair, elected by the Kansas Bar Association. The governor interviews the nominees and appoints one to the bench. That justice then stands for a retention vote in the first general election following their appointment, and every six years after that. Justices must retire at age 75, though they may complete the term in which they turn 75. |
Kansans already vote for judges!Once appointed to the court, a Supreme Court justice faces a retention vote during the next even-year election, decided by every registered voter in Kansas. If retained, they stand for another retention vote every six years after that. In the 68 years since Kansas adopted the merit system in 1958, some justices have not been retained.
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What is the responsibility of the Kansas Supreme Court?The Court's duties fall into three main functions:
Final Appellate Authority: The Court serves as the state's highest court of appeal, reviewing decisions made by lower courts. It hears direct appeals in serious criminal cases (such as capital punishment or class A felonies) and cases involving the constitutionality of statutes, and it reviews cases from the Kansas Court of Appeals. State Court Administration: The Kansas Constitution gives the Court general administrative authority over all state courts, including setting rules for case processing and judicial education to keep courts running efficiently. Supervision of the Legal Profession: The Court regulates attorneys and judges in Kansas, overseeing bar admissions, continuing legal education, codes of professional and judicial conduct, and attorney discipline. |
Kansans BelieveWhen it comes to our court system:
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Why do I need to care?The Kansas Public Employees Retirement System (KPERS) is governed by a detailed framework of state statutes that regulate its operations and benefits. When the Legislature changes KPERS benefits, those changes are often challenged in court, and the Kansas Supreme Court is typically the final word on whether they're constitutional.
Because of this, an impartial, merit-selected Court plays a key role in protecting the retirement security of Kansas's public employees from shifting political pressures. |
Now You DecideVote No:
If you want to keep the current merit-based system, ensuring judges are selected based on their qualifications, experience, and ability to be fair to all. Vote Yes: If you want to elect judges the same way politicians are elected, through political campaigns and contributions. Vertical Divider
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