The parties agree that for the purposes of the preliminaryinjunction, it is unnecessary for the court to discuss the claimsregarding Carol Green, whose duties generally are discussed in K.S.A.20-119 through 123.
Kan. Const. art. III § 5(e) and K.S.A. 20-119 through 123
violate theEqual Protection clause and fundamental right to vote under theFourteenth Amendment. Specifically, plaintiffs allege that theelection of the five lawyer members of the commission, in which onlymembers of the Kansas bar are eligible to vote, violates the EqualProtection Clause.Kansas Constitution article III § 5 provides, in part:(a) Any vacancy occurring in the office of any justice ofthe supreme court and any position to be open thereon asa result of enlargement of the court, or the retirementor failure of an incumbent to file his declaration ofcandidacy to succeed himself as hereinafter required, orfailure of a justice to be elected to succeed himself,shall be filled by appointment by the governor of one ofthree persons possessing the qualifications of office whoshall be nominated and whose names shall be submitted tothe governor by the supreme court nominating commissionestablished as hereinafter provided.* * *(d) A nonpartisan nominating commission whose duty itshall be to nominate and submit to the governor the namesof persons for appointment to fill vacancies in theoffice of any justice of the supreme court is herebyestablished, and shall be known as the “supreme courtnominating commission.” Said commission shall beorganized as hereinafter provided.(e) The supreme court nominating commission shall becomposed as follows: One member, who shall be chairman,chosen from among their number by the members of the barwho are residents of and licensed in Kansas; one memberfrom each congressional district chosen from among theirnumber by the resident members of the bar in each suchdistrict; and one member, who is not a lawyer, from eachcongressional district, appointed by the governor fromamong the residents of each such district.Presently the commission is in the process of reviewing
Case 6:10-cv-01286-MLB -KMH Document 18 Filed 09/14/10 Page 2 of 9