Four DAs: Kansas Senate’s rejection of court nominee was ‘just plain wrong’

Last week the Kansas Senate rejected Gov. Laura Kelly’s appointment of Carl Folsom III to the Kansas Court of Appeals. According to the senators who spoke in opposition, he was unfit for the court for spending his career fulfilling his constitutional obligation, defending those accused of crimes.

Carl’s record speaks for itself: He’s qualified, committed to the Constitution and the rule of law, and conducts himself in accordance with law. The Senate’s actions were irresponsible and just plain wrong, and should be a wake-up call and a warning to all those committed to our justice system.

As prosecutors, we are elected by our communities to ensure that those who commit crimes are punished under the law — to see that justice is done. And we know that public defenders like Folsom are our essential partners in the criminal justice system. The Founding Fathers understood that the right to an attorney was an essential part of ensuring those accused of crimes are treated fairly. The Constitution says criminal defendants have a right to counsel, and Carl has dedicated himself to fulfilling that promise.

Unfortunately, too many Kansas senators were willing to ignore the critical role public defenders play in our justice system. Instead of reviewing Carl’s appointment on the merits and qualifications of his career, senators unfairly ascribed the acts of his court-appointed clients to Carl himself. Our system only works with defense attorneys like Carl doing their best to ensure that no matter how reprehensible their clients’ alleged conduct might be, they are treated fairly under the law. Gov. Kelly appointed a qualified candidate whose important role in the justice system was grossly distorted and used against him.

The Senate’s decision doesn’t just damage the career of an accomplished appointee who has been deprived of a well-earned opportunity to serve on the Court of Appeals, or for public defenders generally, who may feel stung by this unfounded, reckless rebuke of their profession. This will hurt all Kansans by discouraging qualified and talented attorneys from applying to serve on the Court of Appeals and depriving the courts of the experience and perspective of those attorneys who have served as public defenders.

Indeed, the vast majority of the cases the Court of Appeals hears are criminal cases. It is past time that we have a public defender on that bench. As our nation wrestles with how to ensure that racism is finally and completely stamped out of our justice system, the experience of a public defender would be a great benefit to our high courts.

We know that in Sedgwick County, Douglas County, Wyandotte County and Finney County — the communities we work to protect — there are daunting challenges facing our justice system. Every day, we work with police officers, social workers, judges, and — yes — public defenders, to face those challenges. We know prosecutors cannot do it alone.

So, to the public defenders like Carl Folsom out there, working to uphold the constitutional rights of the innocent and the guilty alike: Thank you. To those Kansas senators who could not see past political ideology to do the right thing: Kansans deserve better.

This story was originally published June 12, 2020 at 1:33 PM.