Supreme Court Nominating Commission opens interviews to public

TOPEKA—Breaking from a longtime tradition, the Supreme Court Nominating Commission announced today that interviews of prospective nominees for vacancies on the Court of Appeals and Supreme Court will be open to the public, beginning with the next round of appellate court interviews February 17-18, 2011.

The Commission will convene then to interview applicants for a vacancy on the Court of Appeals created by the appointment of Judge Nancy L. Caplinger to the Supreme Court to succeed the late Chief Justice Robert E. Davis. Judge Caplinger is to be sworn in to the Supreme Court on January 7.

"Of the 33 states that use nominating commissions to fill appellate court vacancies, Kansas has become the 11th to open interviews to the public. The names of those applying for vacancies on the Supreme Court and Court of Appeals have been made public since 1981.

Commission Chair Anne E. Burke, Overland Park, said the move to open the interviews is designed to instill further confidence in the manner in which the appellate court judges and justices are nominated. “We believe the move toward open interviews will demonstrate the careful thought and consideration given by the Commission to those whose names are forwarded to the governor for appointment,” Burke said. “Kansans now can see for themselves how well the nonpartisan merit selection process works.”

“The decision to open the interviews recognizes that a more transparent process of appellate judicial selection is important. This change will allow the public to hear the questions asked by the Commission and the candidates’ answers,” she said.

Kansas adopted the merit selection method of choosing Supreme Court justices in 1958. Applicants for the positions are required to submit a comprehensive application packet that includes an agreement for a background and credit investigation, names of persons who have served as adversaries in court proceedings, writing samples and similar information touching on their qualifications to be on the Supreme Court and Court of Appeals. Following extensive background checks and personal interviews, the Commission submits the names of three persons to the governor for appointment. They stand for retention at the next general election following a full year on the bench.

Today’s change to the appellate court nominating procedures provides that the Commission adjourn to executive session to discuss personal traits and deliberate.