Choice of Kan. justice proceeds under legal cloud

By Anonymous
Posted Sep 02, 2010 @ 09:23 AM
Last update Sep 02, 2010 @ 09:24 AM
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Kansas moved ahead toward selecting a new state Supreme Court justice on Wednesday, while facing a federal lawsuit alleging that voters' rights are being violated because lawyers unfairly dominate the process.

Nine lower-court judges and four attorneys hoping to fill the high court vacancy met a noon deadline for submitting applications to the Supreme Court Nominating Commission. The panel plans to interview the applicants Sept. 27 and 28, then submit three names to Gov. Mark Parkinson for him to choose from.

Five of the nine commission members are attorneys chosen for the posts by fellow attorneys. If the governor refuses to appoint one of the finalists named by the commission, the choice falls to the Supreme Court's chief justice. The Legislature has no role.

Four Kansas voters filed a federal lawsuit in Wichita last week, hoping to block the nominating commission's lawyer-members from participating in the selection of the new justice.

But Supreme Court spokesman Ron Keefover said the process will go forward as planned unless a federal court intervenes. Parkinson, a Democrat who leaves office in January, said the process has eliminated politics from selecting justices.

"We're coming up with our most qualified attorneys and judges who are willing to serve as appellate judges," Parkinson said at a news conference. "This is not a problem that needs to be fixed."

Kansas moved ahead toward selecting a new state Supreme Court justice on Wednesday, while facing a federal lawsuit alleging that voters' rights are being violated because lawyers unfairly dominate the process.

Nine lower-court judges and four attorneys hoping to fill the high court vacancy met a noon deadline for submitting applications to the Supreme Court Nominating Commission. The panel plans to interview the applicants Sept. 27 and 28, then submit three names to Gov. Mark Parkinson for him to choose from.

Five of the nine commission members are attorneys chosen for the posts by fellow attorneys. If the governor refuses to appoint one of the finalists named by the commission, the choice falls to the Supreme Court's chief justice. The Legislature has no role.

Four Kansas voters filed a federal lawsuit in Wichita last week, hoping to block the nominating commission's lawyer-members from participating in the selection of the new justice.

But Supreme Court spokesman Ron Keefover said the process will go forward as planned unless a federal court intervenes. Parkinson, a Democrat who leaves office in January, said the process has eliminated politics from selecting justices.

"We're coming up with our most qualified attorneys and judges who are willing to serve as appellate judges," Parkinson said at a news conference. "This is not a problem that needs to be fixed."

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed
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