Topic: Merit Selection of Judges
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 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
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 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