It is time for judicial reform in Kansas.
Here is what is happening: Gov. Laura Kelly just chose her appointee for the state Supreme Court. Her choice was limited to a recommended three from a panel of mostly attorneys, the Supreme Court Nominating Commission. Never heard of this commission? Have no idea who sits on it? You are not alone.
The truth is that these advisers are unelected political insiders who meet behind closed doors. Often they are left-leaning trial attorneys. As a result, the commission usually selects nominees that are beholden to a certain party line, ideology, or to litigators themselves.
Kansas is the only state in the whole country that gives unelected attorneys majority control over judicial picks — and it is not working for us.
The state Supreme Court is the highest court in Kansas. Its decisions set binding legal precedent lower courts must follow. Trusting so few, unaccountable people to choose justices virtually guarantees that special interests will be the only voices that will be listened to by the state Supreme Court.
Justices’ decisions have ramifications for residents, families, businesses, schools, the entire economy, and more. With such an enormous reach into our daily lives, Kansans should expect more transparency in the process — especially since our state Supreme Court is one of the most overturned in the country.
The fact that our justices frequently misinterpret the law creates continuous uncertainty for state lawmakers, businesses, and citizens. The court often gets it wrong because the process for picking justices is wrong. The entire system must be reformed to put more power into the hand of the people.
In August 2026, voters will have the chance to do just that by voting for a ballot initiative, Question 1, that would amend the state constitution to allow direct elections of state Supreme Court justices.
Currently 22 states, from Texas to Pennsylvania and Oregon to Alabama, allow voters to choose who sits on the state Supreme Court. Another 18 states have judicial nominations similar to the federal model, where elected officials control the nomination of Supreme Court judges and voters, in turn, can hold those elected officials accountable for their choices.
It is time Kansas join the majority. It is time that we, not an unelected panel of special interest lawyers, get to decide who sits on the state Supreme Court.
Some opponents of Question 1 will point out Kansans are able to vote whether a justice stays on the court. That is true. After a justice's first full year in office, he or she must stand for a retention vote. If the justice earns a majority of the vote, they get to remain in office for another six years.
But just because this claim is true, does not make the system sound.
Retention votes are an insufficient check on unaccountable judges. In fact, since 99% of judges are retained, these votes are a little like a dictator claiming they held “free elections.” In systems like that, voters do not really have a voice.
That is true in Kansas today as well. At no point do we have an opportunity to have a say in who the judge is. Giving us that voice is the only true reform that will remove special interests from our selection system.
It is time that Kansas stops bypassing the will of the people. It is time the governor stops giving power to select lawyers, and it is time we stop letting political insiders influence our state Supreme Court.
In August 2026, vote “yes” on Question 1.
State Representative Barb Wasinger (R-Hays)
District 111