Topic: Merit Selection of Judges

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 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

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

Interviewed by Nancy Parrish

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 now being sent to the Judiciary committee because of lawsuits and that also caused friction because of the court's decisions on resolving the Montoy and Gannon cases. Owens also dealt with Show Morea 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 ended up teaching at Johnson County Community College and retired from the military as a full colonel. He even served a year as municipal judge in Lenexa. Show Less

Interview of Carol Beier, November 23, 2022

Interviewed by Richard Ross

Beier's interview explained how the judicial branch of government operates, showing how cases get to the Supreme Court and 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 makes the case that merit selection is the most appropriate method. She gave examples of how retention elections operate. She told a story about a friend living in New York Show MoreCity 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

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Interview of Richard Walker, December 2, 2022

Interviewed by Nancy Parrish

Richard Walker's 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 the private practice of law, Walker found his niche on the bench in his hometown of Newton/Harvey County. His descriptions of a group of young Republican lawmakers organizing to elect Wendell Lady as Speaker are interesting. 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 to Show Moreresolving domestic situations 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 Deanell Tacha, April 12, 2023

Interviewed by Jim Concannon

Jim Concannon skillfully guides retired Judge Tacha through an interview that probes her background, reasons for becoming a lawyer, and then a judge of 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 in her early law practice. She advocated for the advancement of women in law and the workplace. Tacha credits Bob Dole for her nomination to the Court of Appeals. She compares the federal system of selecting judges with the Kansas merit selection Show Moresystem and prefers the Kansas nonpartisan system. Her explanation of how the federal judiciary is organized is clear and instructive, especially as to what kinds of cases they hear. She relates an interesting story about her trip to Albania to assist with developing a new constitution for the country, discusses her experience as Dean of the Law School at Pepperdine University and closes with a plea for "thoughtful, civilized discourse". 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 diversity of cases in his legal practice Show Morewas a positive. The interview clearly describes how the Court of Appeals functions, and how the appointment of several judges from that court to the Supreme Court influenced how they decided cases. The role of dissents was discussed to point out their importance to the decision process. Upon his retirement, Johnson returned to Caldwell where he was born. Show Less

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Topic: Merit Selection of Judges