Kansas City archbishop emeritus supports ballot measure restoring direct election of state Supreme Court justices

Kansas’ current, atypical method of choosing state Supreme Court justices is “deeply flawed,” according to the archbishop emeritus of Kansas City. On July 7, he outlined why he will be voting this August in favor of an amendment restoring Kansans’ ability to elect the justices.

Currently, every justice candidate must be nominated by a commission primarily composed of lawyers selected by Kansas Bar Association members, Archbishop Joseph Naumann explained in the National Catholic Register.

According to the State Court Report, the current system was put in place in 1958 after a political scandal involving the governor who in 1956 orchestrated his own appointment to the Kansas Supreme Court. There are 13 other states that also use such a system. The amendment would abolish the commission and require justices to participate in competitive elections.

“By design, there is no citizen input outside of this small group of lawyers,” Archbishop Naumann wrote. “There is no public vetting or media scrutiny about the qualifications of candidates. Most Kansans are not aware that this process is susceptible to the power possessed by special-interest groups.”

Archbishop Naumann said the current method has had a number of bad consequences, citing the court’s decision saying that the state constitution bill of rights includes a right to unlimited abortion. Kansas legislators’ attempts to bring it to a vote on a ballot referendum has taken decades of effort, according to Archbishop Naumann, who added that the amendment on the Aug. 4 ballot has already been met with opposition from a number of groups.

“Not surprisingly,” Archbishop Naumann wrote, “trial lawyers’ groups have linked arms with Planned Parenthood, the abortion lobby, and gay-rights and gender-rights advocates, and have spent large sums of money to inundate mailboxes, television, computer screens, radio ads and social media with frantic messages urging Kansans to continue to allow a small group of lawyers to dominate the selection process.”

He emphasized that “courts do not exist to further special interests” but rather to ensure that laws and executive actions put forth by the other branches of government are faithful to state and federal constitutions’ tenets.  

The U.S. government system was designed to have checks and balances to protect against abuse of power and to enable citizens to choose their representatives in authoritative positions, the archbishop underscored. 

“This distinct system of government has survived for more than 250 years, fostering an environment that has protected freedoms and created opportunities for economic success that are the envy of the world,” he said. “For our nation to continue to prosper and protect the God-given dignity of every human life, Americans need to strive to be virtuous and engaged citizens. This requires that we become informed voters, both about the individuals whom we elect to serve in public office as well as about ballot issues.”

He encouraged people of faith and goodwill to pray for wisdom and prudence when voting and noted that he does not speak for the archdiocese. 

“But as a registered Kansas voter, I will be voting to restore to Kansans the ability to choose the justices who serve on the Kansas Supreme Court,” he added. 

He also encouraged citizens around the U.S. to educate themselves about how judges and justices are selected in their respective states.

“God has blessed abundantly the United States of America,” he concluded. “We must never take for granted the sacrifices made by so many of our ancestors, who helped found and preserve our nation. We need to be educated and involved citizens for future generations to enjoy the freedoms and opportunities that have been entrusted to us.”