There is a critical vote on August 4 and it is important you understand that a yes vote will change the Kansas Constitution as it relates to who makes up the Kansas Supreme Court and a no vote will leave the Merit system in place. In 2025, the Kansas Legislature passed SCR1611 which received the required votes in each chamber for passage. Because this was a bill to change the Constitution of the state, it did not go to the governor. I have heard, read and seen many things about this proposed change that are completely inaccurate.
It is important that you know why you are either opposed or in support of this change. Starting with the history of how we got to this point regarding the highest judicial court in Kansas. My objective with this letter to the editor is to provide the public with the facts and consequences of this change. More information will be provided as we move closer to the August 4 primary.
Did you know in 1956, Fred Hall was the Governor of Kansas? He was defeated for reelection and shifted his focus from governor to a Kansas Supreme Court seat in the future. Obviously, he wasn’t a popular governor and probably didn’t think he would win an election to the Court. At this time in our history, Kansas elected members to the Kansas Supreme Court. Fred Hall and his lieutenant governor, along with his friend - the Chief Justice of the Kansas Supreme Court, came up with a plan. With 11 days until the inauguration of the new governor, Fred Hall resigned as the governor and his lieutenant governor became governor. At the same time, the Chief Justice of the Court resigned his position. Because justices were elected to serve on the Supreme Court, if a vacancy became open between elections, the Governor would appoint a replacement to the Court. You guessed it! Fred Hall was appointed to the Kansas Supreme Court as the Chief Justice. This legal but not ethical maneuver is known as the “Triple Play”. You should Google it and learn about this “stunt”. The people of Kansas were outraged and pushed the legislature to pass a bill to change the way justices were selected to the Court by changing the Kansas Constitution. A bill was written and passed by the required vote threshold of the legislature to change the Kansas Constitution regarding Kansas Supreme Court appointments and send it to the people of Kansas to decide how they want justices selected to the Court. It would change the election system to the Merit system of selection we still use today. It was overwhelmingly passed by the people of Kansas during the 1958 election. For 68 years, our Kansas Supreme Court justices have been selected through the Merit system selected by the people of Kansas in 1958. It involves a 9 member Commission made up of four non-attorneys, 4 attorneys from each of the congressional districts and one person elected by the Kansas Bar Association and acts as the chair. This is why Kansas uses a Merit system of selection - more on this topic to follow. Shelley Dunham