Kansas 2023-2024 Regular Session

Kansas Senate Bill SCR1616

Introduced
1/30/24  
Refer
1/31/24  

Caption

Proposing an amendment to the constitution of the state of Kansas to add a senate confirmation requirement for supreme court justices and to change the membership of the supreme court nominating commission.

Impact

By instituting a confirmation process, SCR1616 could transform the relationship between the legislative and judicial branches of government in Kansas. Proponents argue that this would ensure that justices are more directly accountable to the electorate through their elected representatives. This change may raise the stakes for judicial appointments and could influence the political composition of the court, as nominees would have to appeal not only to the governor but also to a potentially politically diverse senate.

Summary

SCR1616 proposes an amendment to the Kansas state constitution aimed at introducing a senate confirmation requirement for appointed supreme court justices. This shift would require that justices nominated by the governor receive approval from the state senate, marking a significant change in the process of judicial appointments. The bill seeks to enhance legislative oversight over judicial appointments, potentially increasing transparency and accountability in the judiciary system of Kansas.

Contention

The introduction of such a confirmation process is likely to be contentious. Critics of SCR1616 express concerns that it may lead to politicization of the judiciary, as justices might feel pressured to align their rulings with the views of the legislative majority to secure confirmation. Opponents also fear that this could set a precedent for further encroachments on the independence of the judiciary, undermining the principle of judicial neutrality that is fundamental to many supporters of an independent judiciary.

Companion Bills

No companion bills found.

Previously Filed As

KS SCR1611

Proposing a constitutional amendment to provide for direct election of supreme court justices and abolish the supreme court nominating commission.

KS HB506

Constitutional amendment revising selection of supreme court justices

KS HB915

Constitutional amendment to change process to select supreme court justices

KS SJR6

Constitutional amendment; Judicial Nominating Commission; requiring Senate confirmation of certain judicial appointments. Ballot title.

KS HJR140

Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct and the authority of the commission and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.

KS SJR27

Proposing a constitutional amendment regarding the membership of the State Commission on Judicial Conduct, the membership of the tribunal to review the commission's recommendations, and the authority of the commission, the tribunal, and the Texas Supreme Court to more effectively sanction judges and justices for judicial misconduct.

KS HB533

(Constitutional Amendment) Provides for the appointment of justices of the supreme court

KS SCR101

Proposes constitutional amendment reducing initial appointed terms of Supreme Court justices, abolishing their reappointment with tenure, and establishing retention elections to serve additional terms.

KS SJR34

Constitutional amendment; Judicial Nominating Commission; adding requirement for holding certain office; modifying certain appointment procedure.

KS HJR138

Proposing a constitutional amendment for filling vacancies in the offices of justices of the supreme court, judges of the court of criminal appeals, and district judges by appointment.

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