Kansas Supreme Court decided they were not required to recuse themselves from
the Solomon vs. State case. Solomon deals with the unconstitutional infringement of the Court’s "general
administrative authority”. See; Article 3, section1 of Kansas Constitution. The
issue on appeal is whether a 2014 Senate Bill (Sen Sub for HB 2338), which contains provisions allowing
each judicial district to elect their chief judge and providing more
flexibility for each judicial district regarding its budget, is a violation of
the separation of powers doctrine.
appeals a district court verdict which found the law, Sen Sub for HB 2338, unconstitutional. The state made a motion requesting all seven
Kansas Supreme Court Justices to recuse. The Kansas Supreme Court concluded
that "no justice is compelled by the Kansas Code of Judicial Conduct or other
law to recuse.” However, Chief Justice
Lawton Nuss believed it best to "maintain the appearance of impartiality”
decided to step away from the case.
Chief Justice Nuss wrote "And when the written testimony to the House
Appropriations Committee is considered with the rest of my personal involvement
addressed in the court’s order, while I am not required to recuse in this case,
I shall do so voluntarily.”
The other six
justices will remain on the case.
See Order; http://www.kscourts.org/kansas-courts/supreme-court/Cases_of_interest/Cases/114573/Order120715.pdf
See also; http://www.kansas.com/news/politics-government/article48515185.html - Wichita Eagle;
See; http://www.sfgate.com/news/article/Kansas-chief-justice-won-t-hear-case-involving-6682241.php - SFGATE.com
have been scheduled for December 10th beginning at 9:00am. Each side
will be allotted 20 minutes. All
documents filed in this case are available on the court's website at http://www.kscourts.org/kansas-courts/supreme-court/Cases_of_interest/Cases/114573/default.asp
Court oral arguments are webcast live through the Watch Supreme Court Live! link in the right-hand column of the
Kansas judicial branch website at www.kscourts.org.