Order averts court shutdown

Attorney General Derek Schmidt demonstrated leadership in securing a judicial order Tuesday meant to avert the statewide crisis of a court shutdown, though lawyers in a related lawsuit doubt the injunction’s validity.

In any case, the risk existed only because lawmakers and the governor made the system’s funding contingent on their judicial reforms holding up in court. If they had shown better judgment, and greater respect for the state constitution, there would be no “flames of conflict between the Legislature and the judiciary,” to quote Schmidt, nor a need for him to “calm the situation” now.

The Legislature and Gov. Sam Brownback started the fire with a 2014 law that stripped the Kansas Supreme Court of its power to pick chief judges and control budgets across the state’s 31 judicial districts – changes seemingly at odds with the state constitution. Coercive language rolled over into a 2015 law guaranteed that if a court ruled any of the policy changes to be unconstitutional, all judicial funding would disappear through June 2017. That prospect loomed early this month after a Shawnee County judge struck down the provision about chief judge selection.

Tuesday’s order from Neosho County District Court seems to put the defunding trigger on hold until March 15, though lawyers representing four judges suing over the money provision question Schmidt’s actions and aren’t backing off their lawsuit.

Brownback and lawmakers have said they want the courts open. If they are sincere, and the injunction stands, they will seek a remedy early in 2016 that fully funds the judicial branch without stepping on its authority or independence.

For the editorial board, Rhonda Holman

This story was originally published September 24, 2015 at 7:07 PM with the headline "Order averts court shutdown."