Retention votes likely new form of attack on judiciary

Kansas education advocates are also going to need to be court advocates. The courts are being attacked by legislation and now face the threat of organized campaigns against retention of justices who do not rule as the governor would like them to.

“The president of the Kansas Bar Association calls 2016 a ‘defining moment.’ Natalie Haag, of Topeka, serving in the top office since June, is part of a crusade to fight for the independence of the Kansas Supreme Court, which she believes will be threatened at election time.

“In November 2016, five of the seven justices will be up for retention. Four of the five could be swept from the bench by a highly politicized, well-funded conservative juggernaut…Only one body is left to serve as a watchdog, an integral part of our constitutional checks and balances. That is the Supreme Court.

“Haag anticipates an ideological movement to oust the three justices up for retention not appointed by Brownback. That would give Brownback the chance to appoint justices more aligned with his agenda…

“Which Supreme Court decisions could be construed as odious to conservatives? The hot-button rulings on state funding for schools clearly lead the list. The Supreme Court ruled in the Montoy decision in 2005 that schools in Kansas were not being funded adequately, as required by the Kansas Constitution, and ordered the Legislature to come up with $500 million annually in additional school aid. That led to a peak aid amount of $4,400 per student in 2008, which later was reduced by the Legislature, eventually resulting in its current $3,852 per student.

“Several cases pending before the Supreme Court could affect school funding. Conservatives are anticipating those rulings will not go their way.”

Read more here: http://www.kansascity.com/opinion/opn-columns-blogs/steve-rose/article35009262.html

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