What You Should Know About Judicial Selection for Kansas District and Municipal Courts
The Role of District Courts
District courts have general original jurisdiction over all civil and criminal cases in Kansas. They play a critical role for the pro-life movement because they are the first courts to hear challenges to pro-life laws. They also have jurisdiction over family and juvenile law cases. Judges presiding over family and juvenile cases sometimes deal with situations where a minor may be pregnant and considering abortion. A sympathetic pro-life judge can have a direct impact on protecting unborn children by encouraging pregnant young women moving through the judicial system to keep their unborn babies.
District Court Judge Selection
District court judges are selected differently depending on the judicial district. Seventeen of Kansas’s judicial districts select judges by appointment and 14 select judges by partisan election. In districts where the judge is appointed, candidates for appointment are interviewed by a local nominating commission when a judicial position becomes vacant. The nominating commission then recommends three to five candidates to the Governor, who will appoint one of the candidates to the vacant judicial position.
The Role of Municipal Courts
Municipal courts handle cases in which a city ordinance has been violated. Municipal judges may hear cases related to sidewalk counseling outside of abortion clinics and pro-life political action within a city. It is important to have municipal judges who will recognize the right to free speech generally, including the right to free speech for people who are pro-life.
Selection of Judicial Nomination Commission Members
Judicial nomination commissions are made up of an equal number of lawyers and non-lawyers. The lawyer members are selected through election by a vote of the registered lawyers within the district. The non-lawyer members are selected by the county commissioners within the judicial district. Each county commissioner within the judicial district is allotted a certain number of appointments to the nominating commission. The number allotted per commissioner depends on how many counties are within the judicial district (For more information, see K.S.A. 20-2903, 20-2904, 20-2905).