Kansas attorney general wants justices to recuse themselves from case

Attorney General Derek Schmidt on Tuesday formally asked the justices of the Kansas Supreme Court to recuse themselves from a case that concerns the court’s power.

Schmidt earlier had indicated that the justices should not hear the case after some spoke out in 2014 about a legislative proposal to have district court chief judges elected by their peers rather than appointed by the Supreme Court. The Legislature approved that change.

Chief Justice Lawton Nuss said in September that the justices wouldn’t necessarily have to recuse themselves, but Schmidt said they should because it’s a case in which their “impartiality might reasonably be questioned.”

Schmidt recommends that the court appoint members of the Kansas Court of Appeals to hear the case, which is set for Dec. 10. The case is part of an ongoing standoff between the Legislature and the Supreme Court that threatens to close the state’s courts if a resolution is not reached; lawmakers have tied the policy to court funding.

This story was originally published November 10, 2015 at 6:00 PM with the headline "Kansas attorney general wants justices to recuse themselves from case."