Lawyers have much more power than their fellow citizens in selecting the Kansas Supreme Court, and Wichita lawyer Richard Hite argued for keeping it that way ("Don't change process for selecting justices," Aug. 15 Opinion, Wichita Eagle). But he is simply wrong in claiming "no viable reason has been shown" to reform this system.
The reason for reform begins with the fact that judges make law. This has been true throughout our country's history and even earlier, going back to England. Judge-made law, called the "common law," continues today to govern thousands of cases including those involving contracts, property rights and bodily injuries.
State supreme court judges play an especially large lawmaking role because they are the final word on their state's common law. Also, state supreme court judges have enormous lawmaking power because of their role in interpreting their state's constitution.
The power to interpret constitutions enables the Kansas Supreme Court to hold unconstitutional, and thus nullify, laws approved by the Legislature and governor on a variety of topics. The Kansas Supreme Court has done this to laws on public school funding and the death penalty.
In short, judges on the Kansas Supreme Court are, like judges on other state supreme courts, tremendously important lawmakers. What is unusual about the lawmaking judges of Kansas is how they are selected. None of the other 49 states uses the system Kansas uses to pick its Supreme Court. And for good reason, because the Kansas system is a shockingly undemocratic way to select lawmakers.
For the full story, go to dodgecitydailyglobe.ks.newsmemory.com.
