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A recent Meadowlark
report commented on the political breakdown of the Kansas Supreme
Court in March before the death of Justice Robert Gernon. How did
this breakdown change with today's addition to the court? Governor
Sebelius was given a list of three candidates from which to choose the new
Supreme Court justice. The "contest" was likely between
Democrat Martha Coffman (age 54) and Democrat Eric Rose (age 52).
The other candidate, Robert Fairchild (age 57), a political contributor to
Dick Bond and Carla Stovall, was likely still "too Republican"
for Democrat Governor Kathleen Sebelius. In the end, Sebelius chose
Rosen, likely because he was about two years younger than Coffman (and
thus her "touch" on the Supreme Court could last two years
long -- due to mandatory retirement rules). Could there be another
reason? Could this appointment be some sort of pay back? From
the Jan. 8, 2003 Salina Journal:
"Gov.-elect
Kathleen Sebelius is apparently tickled with a judge's decision
that her budget review teams did not meet the letter of the Kansas Open
Meetings Act, and thus did not have to meet in public. However,
the happier she is, the more concerned the rest of us should be. Shawnee
District Judge Eric Rosen denied Monday a media group's request for an
injunction and
temporary restraining order against Sebelius' transition office for
alleged violation of the state's open meetings law."
A Nov 1, 2003 Meadowlark report described a conflict totally
ignored by the Kansas press: Judge
rules in Sebelius' favor but doesn't disclose his wife's
contributions to Sebelius? Judge Rosen's wife, Elizabeth, was a
nine-time contributor to Sebelius' Gubernatorial race! On KPTS'
Kansas Week this evening John Altevogt asked if this
disclosure of these political contributions had ever been made. AP
reporter John Hanna did not really have an answer, and switched the
subject to Sebelius' problems with Judge Allegrucci. Here is now a
summary of the makeup of the Kansas Supreme Court:
| Supreme Court Justice |
Political Party |
Age |
Comments |
| Donald L
Allegrucci |
Democrat |
70 |
Appointed 1987 by Governor Carlin.
Retained 1988, 1994, and 2000. Term expires Jan 2007. No
additional retention elections due to forced
retirement.
Member of the Democratic State Committee from
1974-1980; Served as a state senator from 1976-80; Democratic
candidate for the Fifth Congressional District in 1978.
Must retire by January 2007.
Wife,
Joyce, is longtime Sebelius friend, adviser,
campaign manager, and former chief of
staff. Rumored to possibly be campaign manager for
Sebelius' re-election bid in 2006.
Sebelius appointed Allegrucci’s son, Scott, to the state tourism
director: "Kansas: as big as you think!"
|
| Carol A.
Beier |
Democrat |
48 |
Appointed by
Sebelius in 2003. Retained in 2004. Retention
election in Nov 2010, for term expiring Jan 2011.
Gay
rights group gives her an A+ "Extremely Pro-Gay" Grade.
|
| Robert E.
Davis |
Democrat |
67 |
Appointed 1993 by Governor Finney.
Retained 1994 and 2000. Retention election in Nov 2006 for
term expiring Jan 2007. |
| Marla J.
Luckert |
Democrat |
51 |
Appointed 2003 by Governor Graves.
Retained 2004. Retention election in Nov 2010 for term
expiring Jan 2011.
A CapJournal article identified her as a Democrat in 2002:
www.cjonline.com/stories/112102/com_luckert.shtml
(copy and paste the link -- a direct link is blocked from this
page) Recent voter registration information from the Shawnee County Election
Office identifies both Luckert and her husband as Democrats.
|
| Kay
McFarland |
Republican |
71 |
Chief justice since 1995. Appointed
1977 by Governor Bennett. Retained 1978, 1984, 1990, 1996,
and 2002. Chief Justice. Term expires Jan 2009.
Will not face any more retention elections because of forced
retirement.
|
| Lawton
Nuss |
Republican |
53 |
Appointed 2002 by Governor Graves.
Retained in 2004. Retention election will be in Nov 2010
for term expiring Jan 2011.
Native of Salina appointed by Gov. Graves from Salina.
|
| Eric Rosen |
Democrat |
53 |
Appointed by
Sebelius, July 2005. Retention election in Nov 2008 for
term expiring Jan 2009 (narrowly
avoided 2006 retention election because of games played on
appointment date by Sebelius) |
Note: Ages may be round up if closer to next
birthday than last birthday.
From the Harris
News Service:
One of the most controversial figures on the court, Justice Donald
Allegrucci, who is married to Sebelius' chief of staff, would be up for
retention in 2006. But under the rules of the court, he must retire by
January 2007 because he turns 70 next year.
Chief Justice Kay McFarland, who turns 70 later this month, will
be allowed to finish out her term, meaning she must retire by January
2009.
The Kansas Governor elected in 2006 will
make the appointments to replace these two justices. Party politics
is quite important in the appointment of judges, and Sebelius' touch
will be on Kansas Supreme Court for years to come.
The Court may become quite controversial next year as
a huge court-ordered school funding increase is debated by the Kansas
Legislature.
The salary for the Chief Justice is $128,451 plus
$45,426 benefits. The remaining justices are paid $125,089 plus
$44,567 benefits. (Source: Karl Peterjohn's KTN press release,
June 9, 2005). But could they raise their salary, or raise taxes for
schools, unilaterally? From Sept 4, 2002 Kansas City Star,
"Supreme Court Budget problems":
In
March, the court issued an order, signed by McFarland, raising filing
fees by $5 and marriage license fees by $25, to $75, bypassing Graves
and the Legislature, to meet payroll. It was the first time the court
had issued such a directive, but lawmakers didn't challenge it.
So has the Kansas Supreme Court already established a
precedent of raising taxes to fund what they wish? Shouldn't
lawmakers challenge "taxation without representation" that is
being imposed by this court?
Also see these links:
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