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20-119. Selection of chairperson. The member who is to be chairperson of the supreme court nominating commission shall be selected in the following manner: The clerk of the supreme court, in March of any year in which the chairperson is to be elected by members of the bar, shall send by ordinary first-class mail to all members of the bar eligible to vote a notice that such election is to be held and advising how nominations for such office may be made. Any member or group of members of the bar resident of and licensed to practice law in Kansas, may, on or before April 1, file in writing by mail or otherwise, in the office of the clerk of the supreme court, a nomination in writing accompanied by the written consent of the nominee, of a qualified individual for such office. After the nominations have been made the clerk of the supreme court, on or before May 1, shall send by ordinary first class United States mail to each of the members of the bar who are residents of and licensed to practice law in Kansas, a list of all the names and places of residence of the qualified nominees together with a ballot, in such form as may be prescribed by the such clerk, for voting upon such nominees.

Each member of the bar receiving such ballot may cast one vote thereon for one of the nominees named and shall return the ballot by mail in time to be received by the clerk on or before May 15. All ballots received at the office of the clerk by such date shall be counted and the nominee receiving the greatest number of votes cast shall be the chairperson member of such commission, except that if there are more than two nominees and no one of them receives a majority of the votes cast, the names of the two receiving the greatest number of votes shall be resubmitted for vote by ballot in like manner as is prescribed for the first ballot. Such second ballot to be mailed on or before June 15, and voted and returned so as to be received at the office of the clerk on or before July 1.

History: L. 1959, ch. 158, § 1; L. 2003, ch. 99, § 1; July 1.

Cross References to Related Sections:

Kansas constitutional provisions, see Kansas Constitution, article 3, § 5.

Law Review and Bar Journal References:

"The selection of judges in Kansas: A Comparison of Systems," Jeffrey D. Jackson, 69 J.K.B.A. No. 1, 32 (2000).

"Selection to the Kansas Supreme Court," Stephen J. Ware, 17 Kan. J.L. & Pub. Pol'y, No. 3, 386 (2008).

"Merit Selection: The Workings of the Kansas Supreme Court Nominating Commission; A Response to Processor Ware's Article — From the Perspective of a Supreme Court Nominating Commission Member," Patricia E. Riley, 17 Kan. J.L. & Pub. Pol'y, No. 3, 429 (2008).

"The Merits of Merit Selection; A Kansas Judge's Response to Professor Ware's Article," Janice D. Russell, 17 Kan. J.L. & Pub. Pol'y, No. 3, 437 (2008).

"Originalism, Balanced Legal Realism and Judicial Selection: A Case Study," Stephen J. Ware, 22 Kan. J. L. & Pub. Pol'y, No. 2, 165 (2013).

CASE ANNOTATIONS

1. Cited; non-lawyer remaining on Supreme Court nominating commission following issuance of temporary permit to practice law examined. State ex rel. Stephan v. Adam, 243 Kan. 619, 622, 760 P.2d 683 (1988).


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