Bill requiring governor to disclose court applicants passed by Kansas Senate

Gov. Sam Brownback would be required to disclose the names of applicants for the state Court of Appeals 10 days before making a judicial appointment under a bill that won approval in the Senate on Thursday.

That requirement was offered in an amendment by Senate Minority Leader Anthony Hensley, D-Topeka, as the Senate debated SB 197, which would make the state’s Supreme Court nominating commission subject to the state’s open meetings and open records act.

Hensley contended that if lawmakers wanted greater transparency from the nominating commission, long a target for criticism from Republicans, they ought to expect the same from the governor.

“We should be consistent here is what I’m trying to say,” Hensley said.

Much to Hensley’s surprise, Senate Vice President Jeff King, R-Independence, agreed.

“We really are having an earth-shattering day here in the Kansas Senate,” joked King, who rarely sees eye-to-eye with Hensley on policy. “I’m going to agree with the senator from Shawnee (County) that the names of applicants for the Court of Appeals should be open to the public.”

Brownback has twice appointed judges to the Kansas Court of Appeals – his former aide Caleb Stegall and Kathryn Gardner – since the appointment process was changed to give the governor greater power in the selection process.

Both times, his office would not disclose the names of other applicants for the position despite open records requests for them. In February, it cited an exemption for personnel records in the state’s open records law when rejecting the second request.

In recent weeks Brownback’s office has faced questions about whether it is intentionally skirting public records laws.

The administration faces a lawsuit from the Associated Press and other outlets over its refusal to disclose names of applicants for a post Brownback filled on the Saline County Commission, and The Eagle reported last month that administration officials discussed the state budget with lobbyists on private e-mails, which are not subject to open records laws.

The Senate halted debate on the bill to give Hensley time to draft the amendment, which passed without opposition after King expressed support.

The bill also passed. The final vote was 35-4. It still must go to the House.

The nominating commission, which selects Supreme Court nominees for the governor to choose from a pool of applicants, is composed of members selected by the governor and the state’s practicing attorneys.

It has been criticized by lawmakers who say that the selection process gives outsized influence to the state’s attorneys. Two proposals to change the selection process are currently before the state House.

While the bill would put the governor under stricter open records requirements, it also would give Brownback more power over the commission by enabling the governor to fill unexpected vacancies among its attorney members. The chief justice of the Supreme Court currently has that power.

This story was originally published February 26, 2015 at 8:27 PM with the headline "Bill requiring governor to disclose court applicants passed by Kansas Senate."