Judges now have to alert AG before declaring a law unconstitutional

A bill requiring Kansas judges to inform the state attorney general’s office before declaring a law unconstitutional was signed into law by Gov. Sam Brownback.

SB 334 was crafted by Attorney General Derek Schmidt in response to a Johnson County district court judge’s decision to strike down the state’s same-sex marriage ban in 2014.

Schmidt said in January that his office was not informed ahead of time about that decision, which he acknowledged was affirmed by the U.S. Supreme Court in summer 2015.

The bill would require judges to inform the attorney general before striking down a state statute and give the office a chance to defend the law.

This story was originally published March 22, 2016 at 11:36 AM with the headline "Judges now have to alert AG before declaring a law unconstitutional."