Kansas AG Schmidt wants to be notified before courts strike down statutes

Attorney General Derek Schmidt asked lawmakers on Wednesday to require Kansas courts to notify his office before striking down a statute as unconstitutional.

Schmidt, who appeared before the Senate Judiciary Committee, is seeking SB 334 after two recent cases in which judges found a state law unconstitutional without giving his office a chance to respond.

A Johnson County District Court judge declared that the state’s ban on same-sex marriage was unconstitutional in fall 2014. Schmidt said the judge did not inform his office of the order beforehand nor give the state an opportunity to dispute the conclusion.

He said the judge’s decision was confirmed by the U.S. Supreme Court ruling in 2015 but that the state should have had an opportunity to defend its marriage ban before that.

The judicial system is supposed to be adversarial, Schmidt said, “and it doesn’t work when there isn’t an adversary.”

Another case prompting the issue is a criminal case in Mitchell County. During the appeal, which was handled by the county attorney, the Kansas Supreme Court found last year that a state statute imposing deadlines on courts was unconstitutional. Schmidt’s office tried to appeal that finding but was denied by the Kansas Supreme Court.

Schmidt was the bill’s sole proponent at the hearing. No opponents spoke.

This story was originally published January 27, 2016 at 12:18 PM with the headline "Kansas AG Schmidt wants to be notified before courts strike down statutes."