This bill was introduced the day it was announced that the Supreme Court would be handing down its Gannon equity decision. It provides expansive grounds for impeachment of Supreme Court justices and some other judges. It was introduced by Senators Fitzgerald, Abrams, Arpke, Baumgardner, Donovan, Holmes, Knox, LaTurner, Lynn, Masterson, Melcher, O’Donnell, Olson, Petersen, Powell, Pyle, Smith and Tyson.
Justices should not be punished for upholding the Constitution and protecting the education of Kansas children.
SENATE BILL No. 439
AN ACT relating to grounds for impeachment of justices of the supreme court and certain judges of the district court.
Be it enacted by the Legislature of the State of Kansas:
Section 1. For the purposes of sections 27 and 28 of article 2 and section 15 of article 3 of the constitution of the state of Kansas, in an impeachment proceeding against a justice of the supreme court or in a proceeding for discipline, suspension or removal for cause against an appointed judge of the district court, the grounds for such impeachment or for such discipline, suspension or removal for cause shall include, but not be limited to, any one or more of the following:
(a) Commission of treason;
(b) commission of bribery;
(c) commission of other indictable criminal offenses; (d) commission of a breach of the public trust;
(e) commission of a breach of judicial ethics;
(f) failure to perform adequately the duties of office;
(g) attempting to subvert fundamental laws and introduce arbitrary power;
(h) attempting to usurp the power of the legislative or executive branch of government;
(i) exhibiting discourteous conduct toward litigants, jurors, witnesses, lawyers or others with whom the justice or judge deals in an official capacity; (j) exhibiting wanton or reckless judicial conduct;
(k) exhibiting personal misbehavior or misconduct;
(l) failure to properly supervise, administer or discipline judicial personnel; or
(m) such other actions which in accordance with section 28 of article 2 of the constitution of the state of Kansas may constitute grounds for impeachment or which in accordance with section 15 of article 3 of the constitution of the state of Kansas may constitute grounds for discipline, suspension or removal for cause.Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.
http://www.kslegislature.org/li/b2015_16/measures/sb439/
From one of our Facebook commenters: From an attorney friend: “I have been asked several times in the last 24 hours how the Kansas Supreme Court can rule on school finance? Actually, the answer is pretty simple. Article 6 of the Kansas Constitution sets up the state board of education, the Kansas Board of Regents, school boards, etc. The key provision which has triggered the lawsuits is as follows: “The Legislature shall make suitable provision for finance of the educational interests of the state.” Therefore, there is a constitutional question here of which the Courts have the sole authority to determine. The Courts don’t have the power to interfere in the Legislature’s authority to appropriate money for say the Department of Transportation or the Department of Revenue or the Department for Children and Families and they don’t interfere. Education is different because it is specifically mentioned in the Constitution where the other areas are not. So the Court’s authority is without question. Now, one can debate whether the Court can set up funding numbers but there is no debate about the jurisdiction of the Court to determine constitutionality.”