2 days ago
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.
