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By David J. Rebein David J. Rebein is partner-in-charge of the Dodge City office of Foulston Siefkin, LLP. Mr Rebein received his undergraduate education at Washburn University and his Inns Doctorate from the University of Kansas. He focuses his practice in the areas of Commercial and Complex Litigation, Employment and Labor Litigation and Insurance Defense. He is a member of the Kansas Supreme Court Nominating Commission and also serves on the Board of Governors of the Kansas Bar Association
The Kansas Supreme Court will undergo dramatic change in the next four months. Governor Bill Graves has recently named Salina lawyer Lawton Nuss as the next member of the Kansas Supreme Court, replacing retiring Justice Edward Larson of Hays. Before January 13, 2003, Governor Bill Graves will have the opportunity to appoint two more members to the Court as Justices Tyler Lockett and Fred Six retire. In addition, a new position on the Kansas Court of Appeals has been funded and will be filled in 2003. These are exciting times indeed!
Kansas presently utilizes a merit selection process for the appointment of Kansas Court of Appeals Judges and Supreme Court Justices. In 1958 the Kansas Constitution was amended to create the Supreme Court Nominating Commission and a process for nonpartisan selection of appellate judges. Before 1958, Supreme Court Justices were elected. The Kansas Supreme Court Nominating Commission receives nominations for open appellate court positions, interviews qualified candidates, and recommends three candidates to the Governor. The Governor then makes an appointment from these three names. The Supreme Court Nominating Commission consists of a chairperson and eight members. The chairperson must be a lawyer who is elected by the registered lawyers in Kansas. The current chairperson is Dick Hite of Wichita. Four of the members of the Commission are non-lawyers appointed by the Governor from each of the four Congressional Districts. The current non—lawyer members are James Maag of Topeka, Sue Bond of Overland Park. Dennis Greenhaw of Independence, and Debbie Nordling of Hugoton. The remaining four members of the Commission are lawyers elected by the lawyers in their Congressional Districts to a four year term. The current lawyer members are Tom Wright of Topeka, Lee Woodard of Wichita, Tom Bath of Overland Park, and David Rebein of Dodge City.
To serve as a Kansas Supreme Court Justice, the nominee must be an attorney licensed to practice law in Kansas and engaged in the active and continuous practice of law as lawyer, judge, or teacher of law at an accredited law school for at least ten years prior to the appointment. The position of Kansas Supreme Court Justice pays an annual salary of $113,073 plus benefits. The Justices serve six year terms at the end of which they must stand for retention election. The Justices are subject to mandatory retirement and may not stand for retention after reaching seventy years of age.
Qualified Potential nominees begin the nomination process by completing a very detailed nomination form summarizing their educational, professional, community, and financial background. The nomination form may be obtained upon request from the Clerk of the Appellate Courts, Carol Gilliam Green. The Kansas Supreme Court Nominating Commission reviews the nomination forms and makes an initial determination as to which of the potential nominees merit an interview. The potential nominees are then interviewed by the Commission. The Commission is interested in the potential nominees’ legal scholarship, professional experience, writing ability, and community service. The Commission receives letters of recommendation and solicits background information on the potential nominees. At the conclusion of the interviews, the Commission votes and three names are selected to be sent to the Governor. The Governor then conducts a personal interview of each nominee and orders a KBI background check. The Governor must make an appointment within 60 days. If the Governor fails to make an appointment, the appointment is made by the Chief Justice of the Kansas Supreme Court. Potential nominees who submitted nomination forms for the vacancy created by Justice Larson's retirement may resubmit their nomination form by notifying the Commission that they wish to be considered for the upcoming positions on the Appellate Courts by letter directed to the Clerk of the Appellate Courts.
These are historic times! The Supreme Court Nominating Commission will have its hands full in the next four months. The Commission encourages lawyers who have an interest to step forward. Lawyers should also encourage others to throw their hats into the ring. If you have questions, don’t hesitate to contact the Commission members or Carol Green, Clerk of the Supreme Court.
810 Frontview, P.O.
Box 1147, Dodge City, Kansas 67801 |
