Kansas is the only state in the union that gives the members of its bar majority control over the selection of state supreme court justices. The bar consequently may have more control over the judiciary in Kansas than in any other state. This process for selecting justices to the Kansas Supreme Court is described by the organized bar as a “merit,” rather than political, process. Other observers, however, emphasize that the process has a political side as well. This paper surveys debate about possible reforms to the Kansas Supreme Court selection process. These reforms would reduce the amount of control exercised by the bar and establish a more public system of checks and balances.
Frank Edwards Tyler Distinguished Professor of Law, University of Kansas School of Law
Stephen Ware is the author of five books, over 60 law review articles and many other publications. His writings have been cited by the Supreme Court of the United States and in at least 37 other cases. Ware teaches and writes on:
each with an international or comparative dimension. An experienced teacher of lawyering skills exercises in which student groups negotiate, mediate, and draft legal documents, Professor Ware takes this approach in his Transnational Dispute Resolution course, which he has customized for universities from Beijing to Istanbul to Kansas.
Ware has testified before both houses of the U.S. Congress, several state legislatures and, as an expert witness, in court. He is a frequent guest lecturer and speaker at academic and professional conferences—having given such presentations throughout the U.S. and in several other countries. He has appeared on numerous television and radio stations and been quoted in The New York Times, Wall Street Journal, USA Today, Financial Times, National Law Journal and many other news outlets. He is an elected member of the American Law Institute (ALI) and has served, at various times in his career, on the editorial board of the Journal of Legal Education and as an arbitrator for the American Arbitration Association.
Ware was named as the Frank Edwards Tyler Distinguished Professor of Law in 2019.