The method of judicial selection has never been easy to understand, and so it might also not be easy to understand why we're seeking to change it. To help you understand the current process, why we're seeking change, and what the result of those changes would be, we have constructed several "common questions" that some are asking.
Q: What will this initiative accomplish?
A: The proposal is to change the method of selection of judges to election by voter ballot.
Q: What is the method of selecting Johnson County judges now?
A: The Tenth Judicial Nominating Commission is comprised of 7 lawyers elected by the Johnson County Bar Association and 7 non-lawyers with one non-lawyer selected by each of the seven Johnson County Commissioners. The commission meets when there is an opening on the District 10 bench and three nominees are selected and presented to the governor for his/her selection for district judge. The Governor of Kansas then picks one of the three. There is no voter input, other than voting for the Governor and Johnson County Commissioners in the previous election.
Q: Why would election of judges be better?
A: The current method is extremely political, despite its nonpartisan label, with qualified conservative candidates for judge being passed over by the overwhelmingly liberal nominating commission. The current method has allowed our judicial branch of state government to drift away from the principle of self-government, to which we adhere in our other two branches, toward an unaccountable rule by a few (an oligarchy). High-level state government authority which is not held accountable to voters is dangerous.
Q: How is judicial election working in other Kansas judicial districts?
A: Very well, notably in districts such as Sedgwick County and throughout approximately half of the 31 Kansas judicial districts.
Q: Isn’t it enough to have judges stand for retention votes every four years?
A: No, because judges rarely fail to receive at least 70% retention votes. Previous grass roots campaigns to oust Judge Franklin Theis in Shawnee County and Judge Paula Martin in Douglas County who have been extremely lenient in sentencing sexual predators failed to obtain 50% plus one non-retention votes. Most voters possess little or no information about the men and women that sit on the bench. These campaigns to oust a bad judge have rarely succeeded in the Kansas retention process.
Q: Wouldn’t lawyers know better about picking judges than voters?
A: Many lawyers fear retribution from judges when they know they may need to try a case in front of a judge that they failed to support. In addition, many lawyers aspire to become judges and do not want to upset the apple cart. The best government is of the people, by the people, and for the people. We must put our faith in informed voters making decisions according to their interests and standards.
Q: How will I know enough to vote for a candidate for judge, if the proposal passes in November of 2008?
A: Candidates for judge will conduct a campaign to be elected, based on their qualifications, record of legal work and viewpoints on issues that are not currently before their court. Voters will be able to make an informed choice, which they are presently denied, by comparing campaign information. In addition, Kansas Judicial Review will continue to provide information on each judge in future partisan elections should the ballot initiative pass.
Q: What is wrong with Johnson County judges now?
A: The Kansas Judicial Review of Johnson County is providing detailed background information and judicial records of Johnson County district judges on their Internet page, as well as a voter guide. In particular, some departures from criminal sentencing guidelines are being called into question as inadequate for protecting the community.
Q: Where do Johnson County judges work? Can I see them in a courtroom setting?
A: Judges hold court at the Johnson County Courthouse, 100 N. Kansas Ave. in Olathe. District courts are normally open to the general public.
Q: What if the initiative fails?
A: The petition would not be able to be resubmitted to Johnson County voters again for 8 years.
If you have any questions, please contact us by e-mail at info@kansasjudicialreviewofjoco.org
