Recently we had dinner with dear friends, and I was asked about the upcoming election on August 4th, 2025, to determine whether the way in which members of the Kansas Supreme Court are chosen should remain as they are or be changed. I am embarrassed that I could not answer his question, and of course I soon began some research. It led me to something called the Triple Play Scandal, involving a sitting Governor and two other men.
In 1958 the sitting Governor had run for reelection. He failed to be reelected and the scandal began. The sitting Chief Justice on the Kansas Supreme Court, a longtime friend of the unsuccessful Governor, resigned his position, and immediately the Lieutenant Governor appointed the failed governor as Chief Justice. That infuriated many Kansans, although it was not technically illegal.
As a result of that embarrassment, applications for members of the court changed. First, a nine-member nominating committee of attorneys received applications to fill the vacancy. Second, the committee selects 3 candidates from which the Governor would choose one within 60 days. One year later, the justice would face a state yes or no retention vote, and if successful they would continue, but with an obligatory vote every six years. Modifications have been made, but the goal has remained to avoid tricks and bad judgements in the court.
Why has Kansas used this system, ignoring the way other election candidates are chosen? My presumption, biased by having studied and practiced Law, with licenses in three states, is this. When I need someone to fix my car, I take it to a trained auto repair man. My law degree didn't teach me anything that would help me fix my car. I respect trained professionals, whether they are needed to install my plumbing or do open-heart surgery. I respect training and experience. As important as common sense and good judgement can be, some things require education and experience, and I believe the law is one of those things. The present way of selecting judges seems very wise.
As I understand the current voting, it decides whether the current way continues. using people trained in the law to evaluate the capability, experience, and reputations as practicing attorneys or voters will decide. Once elected the Justices would follow the same manner as in the past, serving 6-year terms and basically follow the practices as past judges have been doing. The primary changes seem to be that candidates can campaign as in other elections, and the people would have the responsibility to select the best person to serve in a highly complex position. What it also appears to do is involve politics more significantly, with campaigning and money more involved.
The questions that voters seem to need to ask is, are we being asked to fix something that is or is not broken? Where is the call for change coming from?
Also of concern, why was the election placed on a typically low turnout August 4th primary ballot. I do try to follow political issues, but I had overlooked this very important election. Now, I am concerned whether others have overlooked an extremely important election.
I am not aware of any abuse or failure of duty as a result of the current way judges have been chosen that warranted a call for a change. The issue seems to be more about bringing politics back into the selection of judges. It is true that many other states do include politics as part of their selection of judges, and that Kansas has been unusual. The question is however whether change would be better.
,









.jpg)





