Refine Your Results
Kansas Courts and the Rule of Law2024-06-15T16:13:27-05:00

Kansas Courts and the Rule of Law

About this Collection

The role of the Kansas Courts is to guarantee the “rule of law” to every citizen, regardless of wealth or position of power.  The decision-making of the appellate courts is seen only through written opinions. Interviews with former Supreme Court Justices, judges and others involved in the court system will illuminate this indispensable and often misunderstood part of the policy process.  Interviews of other legislators who chaired the House and Senate Judiciary committees can be found in Statehouse Conversations.

Picture of Mary Beck Briscoe

Interview of Mary Beck Briscoe, March 23, 2026

Interviewed by Richard Ross
This interview of Mary Beck Briscoe, a former judge in both state and federal courts, describes being one of the first women in law in Kansas. The interview covers three primary areas, Briscoe's service on the Kansas Court of Appeals and the Tenth Circuit Court of Appeals, a comparison of the two, and lessons learned. Briscoe described an instance of discrimination on the basis of sex from Georgia Pacific Paper when she was denied entry into management training. She cites that experienceas the trigger that led her into the legal profession. Briscoe co-chaired the Gender Bias Show MoreTask Force of the Kansas Bar Association in the eighties. She discusses the concept of merit selection of judges and why, at the time of the interview, she opposed a proposed constitutional amendment to elect Supreme Court Judges. She described the "Blitz Docket" on the state court of appeals and how much the appellate court judges traveled to hear cases which resulted in them getting to know each other very well. In 1990 a position on the federal Court of Appeals opened up. Kansas' US Senator Bob Dole was totally focused on getting her the appointment, despite the fact she was a Democrat. She paints a picture of how differently the federal court operated, as compared to the Kansas court, and suggests the Kansas court process is a better model.

Highlights -- short excerpts from the interview

Show Less

Interview of Carol Beier, November 23, 2022

Interviewed by Richard Ross
In this 2022 oral history interview, Carol Beier explained how the Kansas judicial branch of government operates, showing how cases get to the Supreme Court and explaining that the justices can only consider facts framed by the parties and their counsel. They don't "Google" for extra facts. They stay in the bounds of the facts as framed by the case. Beier is also an advocate for merit selection of judges and made the case that merit selection is the most appropriate method. She gave examples of how retention elections operate. Beier told a story Show Moreabout a friend living in New York City who asked the question, "What do people do in Kansas?" The answer was "Everything important in life." Beier connected that response to her conclusion: A strong, healthy, supported Judiciary that understands it role and performs it well is part of "everything important in life."

Highlights -- short excerpts from the interview

Show Less

Interview of Patrick Brazil, September 11, 2023

Interviewed by Richard Ross
This interview focused on the role of the Chief Judge of the Court of Appeals and the relationship of the intermediate appellate court to the state supreme court. In 1977 when the court composition was revised, it served in panels of three judges, traveling to hear cases statewide. In 1996 the number of appeals had grown to over 2,000. The interview discussed the appointment of the Chief Judge, caseloads, the philosophy of the judges and how they managed the work. The passage of the sentencing guidelines created what they described as a "Blitz Docket". Show More There is also discussion of the utilization of a Judicial Nominating Commission and how that process worked. The COVID pandemic also forced changes upon this particular court.-- primarily stopping its travel and using Zoom and video calls instead. Show Less

Interview of Lee Johnson, May 22, 2023

Interviewed by Jim Concannon and Richard Ross
Retired Supreme Court Justice Lee Johnson is interviewed by his law school professor, Jim Concannon and colleague, Richard Ross about his career as an appellate judge on both the Court of Appeals and the Kansas Supreme Court. Justice Johnson's path to the Supreme Court was a little different than most who served. He was a small town lawyer, a mayor and businessman from rural Kansas. He was appointed first by a Republican governor to the Court of Appeals; then by a Democrat governor to the Supreme Court. The interview clearly describes how the Court of Show MoreAppeals functions, and how the appointment of several judges from that court to the Supreme Court influenced how the Supreme Court operated. He describes the role of dissents and their importance to the decision-making process. Upon his retirement, Johnson returned to Caldwell where he was born. Show Less

Interview of Ed Larson, November 4, 2022

Interviewed by Richard Ross
This interview of longtime Kansas lawyer and jurist, the Honorable Ed Larson, gives a clear understanding of the workings of both Kansas Court of Appeals and the Kansas Supreme Court. Joining the appellate court in 1987 as a general practice lawyer exposed him to many more criminal cases than he had seen in his practice in Hays. He liked the court's practice of traveling around the state for hearings. Larson believed that solving the problems of individuals was the most important work they did, although there were many high-profile cases such as the sale of Blue Cross Show MoreBlue Shield to an out-state company. Larson is a supporter of merit selection for judges and credits the availability of the retirement system for judges with allowing judges to retire with dignity and benefits. Show Less
Chief Justice Lawton Nuss

Interview of Lawton Nuss, July 27, 2022

Interviewed by Richard Ross
Retired Chief Justice Lawton Nuss describes his attempts to be appointed to the Court of Appeals (he was not) and to the Supreme Court. Nuss served as Acting Chief during the illness of Chief Justice Davis. After becoming Chief Justice in 2010 he became the chief spokesman and administrator for the entire judicial branch of nearly 1600 employees and 250 judges. In 2014-15 he appointed a Court Budget Advisory committee to help resolve an eight million dollar budget shortfall. He discussed at length the legislative reaction to the Gannon v State school finance case which was Show Morefiled in 2010 and not finally resolved until 2019. Nuss describes his work with the conservative leadership in the state legislature, and a conservative governor, and their attempts to gain more control over the courts. He dealt with budget shortfalls that resulted in closing the courts; attempts to elect rather than appoint judges; and threats to change the role of the courts in the constitution. Nuss was a vigorous defender of the judicial system's independence against legislative interference. He cited the Supreme Court’s Solomon case which essentially answered the question, "‘Should the judicial branch have to give away some of its power granted directly by the people in their Constitution in order to get funding from the legislature.” The court's decisions on school finance continued to provoke the legislature during his tenure. Show Less

Interview of Thomas (Tim) Owens, October 14, 2022

Interviewed by Nancy Parrish
In this oral history interview, Tim Owens described his career path from military officer to private attorney to city council member to the state legislature. He served seven years in the Kansas House and then ran for the Kansas Senate where he chaired the Senate Judiciary Committee. Owens recounts the pressure from Governor Brownback to change the merit selection procedure for judges, making them elected. Also, the education bills were then being sent to the Judiciary Committee because of lawsuits and that caused friction because of the court's decisions on resolving the Montoy and Gannon school finance Show Morecases. Owens also dealt with a death penalty bill which failed 20-20. He described frequent trips "across the street" carrying messages between the Chief Justice and the Governor's office. He lost his bid for reelection to the Senate in 2012 and afterward taught at Johnson County Community College and retired from the military as a full colonel. He also served a year as municipal judge in Lenexa. Show Less

Interview of Richard Ross, March 13, 2024

Interviewed by Eric Rosen
Richard Ross, from 1978 to 2016 served as the Reporter of Decisions of the Kansas Appellate Courts, a constitutional office. He edited over 132 volumes, 81 Kansas Reports and 51 Kansas Court of Appeals Reports in his 39-year career. Appearing in the Kansas Supreme Court conference room, Supreme Court Justice Eric Rosen interviewed Ross, who described in detail the processes he used to publish the Reports. When he started, there were no computers, just typewriters to create the courts' opinions. During Ross' early years as Reporter, the court moved from the Capitol, across the street into Show Morethe Judicial Building. As technology advance, the process of creating the Reports changed, but also the volume of work increased. The interview gives an insight into the inner workings of the Court and its judges/justices. It also chronicles the community work that Ross does, fund-raising for the renovation of Constitution Hall in Topeka with Friends of the Free State Capitol and serving on the Washburn University Foundation Board of Trustees. Show Less

Interview of Howard Schwartz, April 25, 2023

Interviewed by Richard Walker
Howard Schwartz credits Wilt Chamberlain for encouraging him to leave Philadelphia and come to Kansas to college. Then Jim James asked him to set up a system to manage personnel in 110 courts located in the state's 105 counties. Schwartz spent the next 32 years managing change within the Kansas courts as the Judicial Administrator. This oral history interview covers court unification, the management of court dockets, the creation of child support guidelines, and the evolving relationships among courts and judges over how the system is administered. Schwartz developed a special friendship with Justice Kay McFarland Show Morewho asked him and his wife, Elaine to assist with the disposition of her estate. Schwartz wrote an article for the Kansas Bar Association publication about Chief Justice McFarland which is also available for download. Show Less

Remembering Chief Justice Kay McFarland — Interview of Elaine Schwartz, April 25, 2023

Interviewed by Joan Wagnon
This short conversation with Elaine Schwartz, former legislator and Topeka city council person describes her friendship with Justice Kay McFarland and how Schwartz became trustee for McFarland's estate. The estate benefitted the Topeka Zoo and specifically, the Asian garden named for Justice McFarland. Justice Kay McFarland was the first woman appointed to the Kansas Supreme Court and the first Chief Justice. Her career and life story can be found at this link: https://my.lastinglegacyonline.com/story/kay-mcfarland/

Interview of Fred Six, December 4, 2021

Interviewed by Richard Ross and Deanell Tacha
In this oral interview, former Kansas Supreme Court Justice Fred Six recounts his career as Judge of the Court of Appeals and Justice of the Kansas Supreme Court, reviewing changes in procedure that took place during his years on the bench and topics of litigation the courts reviewed. Six explained how the Supreme Court operates, especially as he discussed the "growing pains" brought about from the "IT Revolution." He described precedent-setting opinions and the process of writing a dissent. His discussion of the medical malpractice issues highlighted the tension between the courts and the legislature. After Show MoreJustice Six left the bench, he was asked to work with the Senate and House Judiciary committees to alter the Merit Selection plan of judges. work which was ongoing until 2011. The interview concludes with him stating that his greatest takeaway from his years of service was the establishment in 1992 of the Lawyers Fund for Client Protection. Show Less

Interview of Deanell Tacha, April 12, 2023

Interviewed by Jim Concannon
Jim Concannon guides retired federal Judge Deanell Tacha through an interview that probes her background, reasons for becoming a lawyer, and then a judge on the United States Court of Appeals, and her career in public service as an administrator and professor of law. Tacha spoke about how women were treated in law school and during her early law practice. She advocated for the advancement of women in law and the workplace. Tacha credited Kansas' U.S Senator Bob Dole for her nomination to the federal Court of Appeals. She compared the federal system of selecting judges Show Morewith the Kansas merit selection system and prefers the Kansas nonpartisan system. Tacha explained how the federal judiciary is organized, focusing on the kinds of cases they hear. She related a story about a trip she took to Albania to assist with developing a new constitution for the country, discussed her experience as Dean of the Law School at Pepperdine University, and closed with an observation about "thoughtful, civilized discourse". Show Less

Interview of John Vratil, September 13, 2022

Interviewed by Joan Wagnon and David Heinemann
John Vratil served 14 years in the Kansas Senate, chairing the Judiciary Committee eight of those years and serving as Senate Vice-President for 10 years. Vratil was a leader in the Senate on both education and judiciary issues. He served on the Judicial Council helping the courts coordinate policy initiatives with the executive and legislative branches. He discusses the change in the power structure of the Senate, from "moderate Republican to Right Wing Conservative." He cites Medicaid expansion as one example of an issue popular the public, but not with the "right-wing" conservative majority. Vratil comments Show Morethat the declining number of lawyers in both the Senate and House may be due to the low salaries. Show Less

Interview of Richard Walker, December 2, 2022

Interviewed by Nancy Parrish
Richard Walker's oral history interview shows the human side of being a judge for 30 years in his hometown of Newton. After a brief foray into politics while fresh out of law school and starting the private practice of law, Walker found his niche on the bench in his hometown of Newton in Harvey County KS. His describes of a group of young Republican lawmakers organizing to elect Wendell Lady as Speaker. Walker became disillusioned about the parole board practices during his service there but saw a way as a judge to look for creative, flexible alternatives Show Moreto resolving domestic disputes and preventing children from being damaged in the process. In 2015 he moved to senior judge status and worked with the Court of Appeals, largely because "he had had it with domestic cases." Show Less

Interview of Evelyn Wilson, April 21, 2025

Interviewed by Richard Ross
Evelyn Wilson’s 2025 oral history interview provides an explanation of the role of the Kansas Supreme Court. Wilson described how Supreme Court Justices are selected in Kansas and explained the importance of the judicial branch remaining separate from the other two branches of government, emphasizing that each branch was designed to be completely separate. She said there is always a method to make the law better, to change the law, if you work within the process that was designed by the writers of the U.S. Constitution. Her closing admonition, “… we all have a job to do, Show Moreand that job is so important.” It’s to vote. “The Supreme Law is the people’s law, not a king. As long as we protect the republic, that will remain the case. And if we don’t protect the republic, it might not be.”

Highlight -- short excerpt from the interview

Show Less

Interview of Ronald Wurtz, April 18, 2023

Interviewed by Nancy Parrish
As he tells it in this oral history interview, Ron Wurtz always wanted to be a lawyer. He chose Washburn University because they had a law school and a ROTC program. He interned with Shawnee County District Attorney Gene Olander as a law student, and after four years as an Air Force Judge Advocate, he returned to work as an Assistant District Attorney in Topeka before becoming a state public defender in 1979. Wurtz's interview covers -- the death penalty, to which he has always opposed, and sentencing guidelines, which he originally supported and later opposed. He discusses Show Moreseveral of the cases he worked on. More recently, he has worked on the Expungement Project and at the time of this interview, taught at the Washburn University Law Clinic. Occasionally he has also served as a judge pro tem. Show Less

Menu

Home

About

Collections

Contact

Donations

How to Use This Site

Legal

“Compromise is not a dirty word. Compromise is the way you accomplish things for people. You listen to both sides. You try to create some kind of agreement in order to move forward.”

– Rochelle Chronister, the first woman to chair the House budget committee and who was assistant majority leader for three years.

Rochelle Chronister Kansas

Rochelle Chronister

CONTACT US

Kansas Oral History Project, Inc.
P.O. Box 67051
Topeka, KS 66667

Email us with our Online Contact Form.

Visit Us on YouTube

KOHP on YouTube

Go to Top