Kansas is the only state in the Union in which an attorney-dominated nominating commission — composed of 5 attorneys and four non-lawyers — selects nominees to the Kansas Supreme Court.
An amendment to the Kansas Constitution on the ballot on August 4, 2026, would change that.
Currently, according to the Kansas Judicial Branch, “when there is a vacancy on the bench, the Supreme Court Nominating Commission reviews applications and conducts public interviews of nominees. The commission narrows the nominee pool to three names that it sends to the governor. The governor chooses one nominee to appoint.”
Kansans’ only direct voice in the state supreme court is the opportunity to vote to “non-retain” a justice at the end of their six-year term.
The amendment, if passed, would provide the direct election of Kansas Supreme Court Justices and abolish the nominating commission. A “yes” vote on the amendment would also allow staggered elections and authorize the Kansas Legislature to develop rules governing them. Terms would still be six years.
State Director of the Americans for Prosperity Foundation-Kansas, Elizabeth Patton, supports the amendment.
“As it stands, Kansas has a judicial system that’s largely controlled by one interest group: the Kansas Bar Association,” Patton said. “We’re fighting to give every Kansas voter a say in selecting our Supreme Court justices so that we can end undue influence by political insiders over our highest court. It’s time to make our court truly impartial with accountability and transparency from everyone.”
Opponents, such as the American Civil Liberties Union say giving ordinary residents the opportunity to have a voice in judicial selection would “completely alter the balance between judicial independence and political influence in our state.”
“If partisan campaigning and outside spending become the keys to judicial selection, this would create real risks for how legal protections are applied and enforced,” the Kansas chapter of the ACLU said on its website. “Particularly for our most vulnerable populations, and the results could affect the lives of every Kansan.”
The ACLU also claims the ballot language is “confusing.”
However, the language is quite clear, stating a “vote for this proposition would give Kansas citizens the right to elect Kansas Supreme Court justices as provided by law,” and that a vote against would continue the current system.
Moreover, currently, 13 states conduct nonpartisan elections for Supreme Court justices, and eight more conduct partisan elections. While “assisted appointment” is used by 20 states, including Kansas, only Kansas has a nominating commission whose majority of members are lawyers.
Five states use the gubernatorial appointment method, similar to the federal system, and in two more states, a system in which judges are appointed by the legislature.
Infamous “Triple-Play” Supreme Court scandal created the current situation
The amendment, which created the nominating commission, was passed in 1958 following the “Triple-Play” scandal.
On Dec. 31, 1956, outgoing Kansas Supreme Court Chief Justice William Smith, whose term was expiring, resigned, giving the sitting Republican administration the power to fill the vacancy.
Governor Fred Hall, who had lost his reelection bid in the 1956 primary, resigned on Jan. 3, 1957, prior to the inauguration of a new democrat governor.
Lt. Governor John McCuish, who then became governor, appointed Hall to the vacant chief justice seat — his only official act as governor.
The backlash to the orchestration prompted the 1958 amendment, which created the bar-controlled system as it exists today.
