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Kansas Supreme Court justices are chosen through merit-based appointments. That could change

Kansas Supreme Court
The Kansas Supreme Court could soon be chosen in a new way.

Republicans in the Kansas Legislature are pushing a resolution that would put a proposed constitutional amendment on the ballot in August 2026, that would require Kansas Supreme Court justices to be elected by the popular vote.

In Kansas, state Supreme Court justices are selected through a merit-based appointment process. But GOP lawmakers are working to change that.

Earlier this month, Republican lawmakers in Topeka passed Senate Concurrent Resolution 1611 through the Senate and onto the House. It proposes placing a constitutional amendment on the August 2026 ballot that would alter the selection process so that Supreme Court justices would be directly elected by voters.

This could have a significant impact on the Kansas judiciary and, ultimately, the laws of the state.

Since 1958, Kansas has had a Supreme Court Nominating Commission made up of five lawyers and four governor appointees based on congressional districts. The commission vets each candidate and then sends three names to the governor, who then chooses one of those candidates.

Dave Morantz of the Kansas Trial Lawyers Association told KCUR's Up To Date this process was designed to insulate the judicial branch from politics and outside influence.

"(What Republicans are suggesting) is entirely outcome driven, and this is about trying to insert politics into a branch of government that should not be political, and that's very dangerous for Kansas."

Kansas House Majority Leader Chris Croft, a Republican from Overland Park, believes that allowing the people to elect judges makes the justices more accountable.

"This gives (voters) the opportunity to have their voices heard. And if they want to elect judges, they'll elect the judges. And it reflects them and what they want."

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When I host Up To Date each morning at 9, my aim is to engage the community in conversations about the Kansas City area’s challenges, hopes and opportunities. I try to ask the questions that listeners want answered about the day’s most pressing issues and provide a place for residents to engage directly with newsmakers. Reach me at steve@kcur.org or on Twitter @stevekraske.
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