TOPEKA — A group of more than 60 Kansas attorneys is urging voters to approve a proposed constitutional amendment that would replace the state’s current Supreme Court selection system with elections.
In a joint statement released July 14 and circulated by Topeka attorney and voting rights advocate Mike Patton, the attorneys said the proposal, which supporters call the “Right to Vote Amendment,” would give all Kansas voters a direct role in choosing members of the state’s highest court.
The attorneys represent a variety of legal fields, including prosecution, criminal defense, family law, adoption and civil litigation.
“As attorneys, we recognize that this amendment would require our profession to relinquish a privilege that attorneys have held for decades — the ability to vote for attorney members of the Kansas Supreme Court Nominating Commission,” the statement said.
The measure is being opposed by various progressive organizations and out-of-state political funders, one of which spent some $23 million to elect Laura Kelly in the 2022 governor’s race.
Under the current system, attorney members of the nominating commission are elected by licensed Kansas attorneys, while non-attorney members are appointed by the governor. The commission submits three nominees for a Supreme Court vacancy to the governor, who selects one of them.
The attorneys said they respect the commission and those who have served on it but believe all Kansans should have an equal opportunity to participate in selecting Supreme Court justices.
“This amendment does not ask judges to make partisan promises or decide cases based on their political beliefs,” the statement said. “No judge should do either. It is about giving the people of Kansas the final say in selecting the members of their highest court.”
The statement said approval of the amendment would not establish all details of future Supreme Court elections in the Constitution. Instead, lawmakers could later determine whether the elections would be partisan or nonpartisan, whether justices would run statewide or from regional districts and what campaign finance restrictions would apply.
The attorneys acknowledged that other members of the Kansas legal profession support retaining the existing nominating commission system.
“We respect their position,” the statement said. “But Kansans should also know that many attorneys support giving the voters the final say.”
Supporters said the legal profession could continue evaluating judicial candidates, providing professional insight and helping inform the public, but should not have a greater formal role than other voters.
“We understand that supporting this amendment means giving up a measure of influence our profession has historically held,” the statement said. “Nevertheless, we believe the highest court in Kansas should be selected through a process that involves all Kansans.”
The attorneys signing the statement were:
Mike Kagay; Josh Ney; Mike Patton, Topeka; Chris McGowne; Kent Vincent; Kirk Nystrom; Joe Patton; Cindy Patton; Michelle Egbert; Susan Humphries; Brittany Jones; Bob Lewis; Dan Dunbar; Matt Bingesser; Byron Harden; Kenny Titus; Morten Vigilus; Brad Schlozman; Corey Moomaw; Kurtis Wiard; Dean J. Gengler; Ann T. Rider; Jacob Pugh; Eric Rucker; Jim Holt; Michael Duenes; Mark Kahrs; Jeff Kahrs; Tye Darland; Ray Geoffroy; Logan Overman; Shane Pierce; Jessie Rosell; Sean Tarantino; Matt Vermeeren; Kristin Westgard; Steven M. Stark; Calvin Rider; Clayton Kaiser; T. Chet Compton; Gordon G. Kirsten II; Matthew Shoger; Gary Ayers; Marshall Stula; Sarah Stula; Cameron Bernard; Alan Cobb; Jeffrey Harris Jr.; Clay Barker; Tim Keck; Garrett Roe; Ed Pugh; Lance Kinzer; Thomas Witherspoon; Luke Nath; Charles Macheers; George Bruce; and Matthew C. Hesse.
