Take it from this retired Kansas judge: An independent bench reinforces justice
A statue representing justice stands at the Kansas Judicial Center, where the Kansas Supreme Court is located, on Feb. 4, 2022. (Sherman Smith/Kansas Reflector)
This session, the Kansas Legislature voted to send Senate Concurrent Resolution 1611 to voters. This proposed constitutional amendment creates the direct partisan political election of Kansas Supreme Court justices. Such elections would be the death knell of an independent judiciary.
I was fortunate to serve as a trial district court judge for two and a half decades. I was faced with making difficult decisions, but also very unpopular ones. The majority of the Legislature sadly confuses the court of law with the court of public opinion.
Partisan election of judges conflicts with the very essence of the role of the judiciary. A judge has no constituency. A judge must not be influenced by popular opinion. A judge must not be beholden to a political party or a financial campaign contributor. Surely we can all agree we want our judiciary to be fair, impartial and insulated from outside influence.
This distinction of judicial office from legislative and executive positions is recognized by the Kansas Code of Judicial Conduct, canon 4. It addresses political activity by a judicial candidate that is inconsistent with the independence, integrity or impartiality of the judiciary. Rule 4.1 (A)(6) states '(A) judge or judicial candidate shall not, in connection with cases, controversies or issues that are likely to come before the court make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the court.'
A judge has no constituency. A judge must not be influenced by popular opinion. A judge must not be beholden to a political party or a financial campaign contributor.
– Steven Becker
This means no pledges, promises or commitments on gun control, abortion, Medicaid expansion or legalization of cannabis. The Kansas Code of Judicial Conduct explains further the importance of keeping our judiciary above the fray of political campaigns and rhetoric.
'A judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. In furtherance of this interest, judges and judicial candidates, must, to the greatest extent possible, be free and appear to be free from political influence and political pressure. … Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence.'
I suggest the ethical veil distinguishing a judicial candidate from a candidate for legislative or executive office is extremely important but extremely thin.
While serving as a district court judge, I applied twice for a vacancy on the Kansas Court of Appeals. At the time, the selection process was the merit-based system that we currently have for selecting our Supreme Court justices. My efforts were unsuccessful. After going through the interview process and an aggressive background investigation, I willingly admit that candidates better than I were chosen to be considered for appointment by the governor. The merit-based selection system works and has worked for more than 50 years.
The only reason a change to our state constitution is being sought is because the Kansas Supreme Court issued opinions that conflict with the court of public opinion — or the opinion of lawmakers in Topeka.
If court decisions are to align with public opinions, I suggest that our public schools would still be segregated. The independence of our judiciary, free from outside political and ideological influence, is a bedrock to our democracy. An independent judiciary is vital to our government's balance of power with checks and balances.
Steve Becker served as Reno County district judge for 26 years and served as state representative for the 104th District for three terms. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
‘Big Beautiful Bill' could cause thousands of Kansans to lose Medicaid
TOPEKA (KSNT) — Kansas is facing possible Medicaid cuts due to a bill that was recently passed by the U.S House of Representatives. The Republican-backed bill is widely known as the 'Big-Beautiful Bill,' and one Kansas lawmaker believes it could have an impact on tens of thousands of Kansans. The United Methodist Health Ministry Fund released a report on June 11 detailing how much money Kansas might lose out on. The organization estimates that if the bill is passed, Kansas will lose more than $3.7 billion in Medicaid cuts over the next 10 years. Additionally, it's projected that 13,000 Kansans would lose Medicaid coverage. Kansas State University lowering GPA requirements for 2029 students Republican lawmakers believe passage of the bill could curb federal spending. However, Kansas Democrat Representative Suzanne Wikle is urging Capitol Hill to oppose the bill. 'It is really damaging to Kansans and to Kansas not only in terms of what it could do to our healthcare system especially in rural Kansas, but what it could do to the food assistance program in Kansas, families who want to receive the child tax credit,' Wikle said. 'There's just a lot of implications here that harms Kansans across the board, so I really encourage them to oppose the bill and support Kansans.' The report also says, the 'Big-Beautiful Bill' would cut $700 billion dollars from Medicaid nationwide. For more Capitol Bureau news, click here. Keep up with the latest breaking news in northeast Kansas by downloading our mobile app and by signing up for our news email alerts. Sign up for our Storm Track Weather app by clicking here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
3 hours ago
- Yahoo
Trump gives Homeland Security access to immigrant Medicaid data in Washington, AP reports
The Trump administration gave federal immigration authorities access to personal data on millions of Medicaid enrollees this week, including information from Washington, according to internal documents obtained by the Associated Press. Washington is one of a handful of states that allow undocumented immigrants to receive health benefits. The data transfer was ordered by two top advisers to U.S. Health Secretary Robert F. Kennedy Jr., despite opposition from Medicaid officials who warned it may violate federal privacy laws. Records show that the Centers for Medicare and Medicaid Services (CMS) were given less than an hour on Tuesday to comply with the directive from the Department of Homeland Security (DHS). Emails and a memo obtained by the AP show that CMS officials tried to block the request, citing concerns under the Social Security Act and the Privacy Act of 1974. However, Trump appointees overruled those objections. The information shared with DHS included names, addresses, Social Security numbers, and Medicaid claims data from enrollees in California, Washington, Illinois, and Washington, D.C. All of these areas offer state-funded Medicaid programs for non-U.S. citizens and have committed not to bill the federal government for those services. The timing of the transfer coincided with a ramp-up of federal immigration enforcement in Southern California, including raids involving National Guard and Marines in Los Angeles. The move is part of a broader effort by the Trump administration to give immigration authorities access to more data on undocumented immigrants. In May, a federal judge declined to stop the IRS from sharing immigrant tax records with U.S. Immigration and Customs Enforcement (ICE). CMS announced last month it would begin reviewing Medicaid enrollment data from several states to ensure that federal funds were not being used to support coverage for individuals with 'unsatisfactory immigration status.' The review was triggered by Trump's February 19 executive order, 'Ending Taxpayer Subsidization of Open Borders.' In response to the AP's reporting, California Gov. Gavin Newsom's office issued a statement calling the data transfer 'extremely concerning' and potentially unlawful. 'We deeply value the privacy of all Californians,' the statement read. Democratic U.S. Rep. Laura Friedman also voiced alarm, writing on X, 'We should never use a person's need to go to the doctor against them.' ACLU of Washington sent KIRO 7 News the following statement: 'We are still waiting for complete and detailed information, but it's clear that great harm has been done. That this data was shared with the federal government and with ICE is a gross violation of Washington residents' privacy, a violation of the promises HCA made to enrollees, and a flagrant misuse of this data. Washington immigrants enrolled in the Apple Health expansion program with the expectation they would receive critical services that we all need to thrive and that their personal data would be protected – and the state promised as such, publicly and on its website. That promise was not kept. The community and advocates have long demanded a risk analysis and mitigation plan to protect the privacy and well-being of enrollees, and the state has not taken meaningful action responsive to the request. The state must treat this moment with the urgency it deserves and protect communities who put their faith and trust in a system that promised to protect them.' In contrast, a spokesman for the U.S. Department of Health and Human Services (HHS), Andrew Nixon, defended the action. 'HHS acted entirely within its legal authority,' he said, describing the data transfer as necessary to ensure only lawful residents receive Medicaid. DHS Assistant Secretary Tricia McLaughlin said the department is working with CMS to 'ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans.' Critics say the decision could have far-reaching consequences for both immigrant communities and the states that provide them with health coverage. Sara Vitolo, deputy director of Medicaid, authored a June 6 memo warning that sharing personal data with DHS could deter states from cooperating with future federal requests and expose them to legal risk. Vitolo also wrote that sharing the data would violate long-standing policy and federal law, which restricts CMS from distributing personal health information for non-Medicaid administration purposes. Despite those concerns, HHS leadership directed the data to be transferred by June 10. Former CMS officials described the decision as highly unusual. 'DHS has no role in anything related to Medicaid,' said Jeffrey Grant, a former CMS career employee. California, Illinois, and Washington provided CMS with the requested data. Other states that allow undocumented immigrants to access full Medicaid coverage — New York, Oregon, Minnesota, and Colorado — had not yet submitted information as of this week, according to a public health official familiar with the process. Newsom, whose state plans to freeze new enrollment into its immigrant health care program due to budget constraints, later said the data handover 'will jeopardize the safety, health, and security of those who will undoubtedly be targeted by this abuse.' Illinois is also planning to shut down its program next month for approximately 30,000 undocumented enrollees. Health officials in Illinois, Washington, and D.C. did not respond to AP's request for comment.
Yahoo
4 hours ago
- Yahoo
WA Medicaid data shared with federal immigration authorities, report says
(Photo by Michael M. Santiago/Getty Images) Washington is one of a few states whose Medicaid data has reportedly been shared with the U.S. Department of Homeland Security, which could use it to potentially track down immigrants without legal status. The shared information, including names, addresses, and social security numbers, is from California, Illinois and Washington D.C., on top of Washington state, according to the Associated Press. This comes as the Trump administration seeks to ramp up deportations. Washington provides benefits that mirror Medicaid to immigrants in the U.S. without legal authorization. Enrollment is capped based on available funding, and only state dollars are used to pay for the program. The other states with data handed over offer similar benefits. The agency that runs Washington's Medicaid program, known as Apple Health, wasn't sure 'what information was disclosed or how it may have been used.' 'We've seen the reports and are deeply concerned about the potential misuse of personal health information belonging to Washington Apple Health clients,' state Health Care Authority spokesperson Katie Pope said in an email on Friday. 'We are currently working closely with the Governor's Office and the Attorney General's Office to understand the scope of what occurred, including what data from Washington has been shared and how many individuals may have been affected,' Pope continued. As of this spring, nearly 2 million Washington residents were enrolled in Apple Health, including over 850,000 children. Medicaid, primarily funded by the federal government and run by the states, provides health insurance to low-income residents. Federal law prohibits noncitizens from accessing Medicaid, but states can shell out money for programs that cover immigrants. Washington state lawmakers this year earmarked $150 million for this purpose, enough to continue coverage for about 13,000 people. California and Illinois have moved to freeze or shut down their similar programs. Republicans in Congress have proposed reductions in federal Medicaid reimbursements for states that provide this kind of coverage to immigrants. In a statement, Assistant Secretary of Homeland Security Tricia McLaughlin said, 'President Trump consistently promised to protect Medicaid for eligible beneficiaries.' 'To keep that promise after Joe Biden flooded our country with tens of millions of illegal aliens CMS and DHS are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans,' McLaughlin continued. In light of a February executive order from President Donald Trump, the federal Centers for Medicare and Medicaid Services late last month announced it was reviewing state Medicaid data to ensure federal funds weren't being used on immigrants without legal status. 'Medicaid is not, and cannot be, a backdoor pathway to subsidize open borders,' Mehmet Oz, the agency's administrator, said in a statement at the time. 'States have a duty to uphold the law and protect taxpayer funds.' California, Washington and Illinois shared information about noncitizens receiving health coverage, according to the AP, citing a June 6 memo. 'Protecting the privacy of our Apple Health clients is core to our mission, and we take these concerns very seriously,' said Pope, of the Health Care Authority. 'We'll continue to coordinate with state and federal partners to determine the facts and will take appropriate action as we learn more.' The Centers for Medicare and Medicaid Services are within the Department of Health and Human Services, run by Secretary Robert F. Kennedy Jr., whose advisers ordered the Medicaid data shared with the Department of Homeland Security, the AP reported Friday. They reportedly shared the information despite pushback from federal Medicaid officials. The sharing came as federal immigration agents conducted immigration raids in California that led to protests. Trump has deployed National Guard troops and Marines in response to the demonstrations.
