TOPEKA, Kan. — A Kansas Supreme Court ruling will force the state Senate to vote to reject a nominee for a lower-court judgeship if senators want to keep him off the bench because of his political tweets.
The Supreme Court ruled unanimously Friday that Gov. Laura Kelly did not have the authority to withdraw her nomination of Labette County District Judge Jeffry Jack for the state Court of Appeals.
Kelly dropped Jack's nomination after political posts on his Twitter feed in 2017 came to light.
"I want to thank the Kansas Supreme Court for their expedited decision on this important issue," Kelly said in a statement after the ruling. "I encourage the Senate to act swiftly to vote down the Jack appointment next week."
Kelly chose a second nominee, but Senate President Susan Wagle argued that the appointment went to Kansas Supreme Court Chief Justice Lawton Nuss.
"I intend to appoint Sarah Warner to the Court of Appeals following action by the Senate," Kelly said. "It's time to move forward and fill this vacancy with one of the brightest lawyers in our state."
A 2013 law on appellate court appointments doesn't say what happens when a candidate withdraws. The Supreme Court said that means a nominee cannot withdraw.
