Posted 11/22/2008
Kansas Supreme Court Vacancy: list down to three
by Editor
Kansas Supreme Court Vacancy: list down to three
There has been a lot of speculation recently about Governor Kathleen Sebelius' future as a member of the Obama Cabinet. However, before she leaves us, Sebelius will be naming Chief Justice Kay McFarland's successor to the Kansas Supreme Court. In doing so, she has an opportunity to shift the court decidedly to the left - with apparently no electoral future here in Kansas, it is not clear that there is any reason she won't do so.
For that reason, it rather looks like Overland Park Attorney, Dan Biles, is the favorite for the Supreme Court vacancy. The eight applicants for the position have been described on this blog, and on November 14th the nominating commission narrowed the list to Biles (who represented the State Board of Education in the controversial Montoy school funding case), Douglas County Chief Judge Robert W. Fairchild and Court of Appeals Judge Tom Malone.
Both Fairchild and Malone are plausible-looking candidates, however Sebelius has twice had the opportunity to name Fairchild to the Court and has declined to do so - it is hard to see why she would choose differently on this third occasion. Malone has been nominated once before, and was also passed over by Sebelius. Of the three candidates he is the lowest profile, having spent many years as a trial judge before Sebelius elevated him to the Court of Appeals.
Sebelius must make her decision between now and January 13th.
-----------------------------------------------------
Biographies:
Supreme Court Applicant: W. Daniel Biles
Daniel Biles is a prominent Johnson County Lawyer. He lives in Shawnee and is a partner in Overland Park law firm Gates, Biles, Shields and Ryan. A
1978 graduate of Washburn University Law School he has litigated many high profile cases, including representing the State Board of Education in the Montoy case on School Funding.
His most recent political donation was in 2004: $250 to Dennis Moore, and his caseload is no stranger to controversy: his firm successfully defended the Kansas Expanded Lottery Act, with Biles as the attorney named on the brief.
GBSR partner, Thomas Kelly Ryan was recently named as a District Judge in the 10th Judicial District and Biles opposed the election of judges in Johnson County, signing the 'No' campaign's list of endorsers.
-----------------------------------
Supreme Court Applicant: Robert W. Fairchild
Robert Fairchild, Chief Judge of the 7th Judicial District (Lawrence), has the distinction of twice having been nominated to the Supreme Court by the Nominating Commission, only on both occasions to be passed over by Governor Sebelius, in favor of now Justices Rosen and Johnson. This track record certainly makes it likely that he will again make it to the shortlist. A graduate of KU Law (1973) he was appointed a judge by Governor Bill Graves in 1996.
A public records search shows no federal donations. Fairchild has faced some criticism over sentencing policies and has been a forceful defender of the judiciary. During a previous nomination he hit back at criticisms of the judicial system, stating:
"The judiciary is under attack, both on a state level and a national level, by individuals, by interest groups and by legislators - not only the judiciary, but the methods by which judges are selected," ... "I think you need to be prepared to speak out and to defend the system, and be prepared to be attacked."
In the context of Kansas' recent controversies over the role of the Supreme Court these remarks pretty clearly indicate where he positions himself.
-----------------------------------------
Supreme Court Applicant: Thomas E. Malone
Thomas Malone (Washburn, 1979) is a member of the Kansas Court of Appeals, to which position he was appointed by Governor Kathleen Sebelius in 2003.
Previously he was a district judge in the 18th Judicial District (Sedgwick County). He was elected to that position in 1990. His workload then was mainly as a trial judge. He has also been active within the Kansas Bar Association and Kansas Judicial Council.
This is his second attempt to gain a place on the Supreme Court - in 2006 he was one of three proposed by the Nominating Commission for the position ultimately filled by Justice Lee Johnson. Malone has actually sat on the Supreme Court under the substitution rules where for a given case a vacancy or recused justice's place may be filled by another judge.
Publicly available campaign finance records show no political contributions by Judge Malone, either at the State or Federal levels.
Biographies:
Supreme Court Applicant: W. Daniel Biles
Daniel Biles is a prominent Johnson County Lawyer. He lives in Shawnee and is a partner in Overland Park law firm Gates, Biles, Shields and Ryan. A
1978 graduate of Washburn University Law School he has litigated many high profile cases, including representing the State Board of Education in the Montoy case on School Funding.
His most recent political donation was in 2004: $250 to Dennis Moore, and his caseload is no stranger to controversy: his firm successfully defended the Kansas Expanded Lottery Act, with Biles as the attorney named on the brief.
GBSR partner, Thomas Kelly Ryan was recently named as a District Judge in the 10th Judicial District and Biles opposed the election of judges in Johnson County, signing the 'No' campaign's list of endorsers.
-----------------------------------
Supreme Court Applicant: Robert W. Fairchild
Robert Fairchild, Chief Judge of the 7th Judicial District (Lawrence), has the distinction of twice having been nominated to the Supreme Court by the Nominating Commission, only on both occasions to be passed over by Governor Sebelius, in favor of now Justices Rosen and Johnson. This track record certainly makes it likely that he will again make it to the shortlist. A graduate of KU Law (1973) he was appointed a judge by Governor Bill Graves in 1996.
A public records search shows no federal donations. Fairchild has faced some criticism over sentencing policies and has been a forceful defender of the judiciary. During a previous nomination he hit back at criticisms of the judicial system, stating:
"The judiciary is under attack, both on a state level and a national level, by individuals, by interest groups and by legislators - not only the judiciary, but the methods by which judges are selected," ... "I think you need to be prepared to speak out and to defend the system, and be prepared to be attacked."
In the context of Kansas' recent controversies over the role of the Supreme Court these remarks pretty clearly indicate where he positions himself.
-----------------------------------------
Supreme Court Applicant: Thomas E. Malone
Thomas Malone (Washburn, 1979) is a member of the Kansas Court of Appeals, to which position he was appointed by Governor Kathleen Sebelius in 2003.
Previously he was a district judge in the 18th Judicial District (Sedgwick County). He was elected to that position in 1990. His workload then was mainly as a trial judge. He has also been active within the Kansas Bar Association and Kansas Judicial Council.
This is his second attempt to gain a place on the Supreme Court - in 2006 he was one of three proposed by the Nominating Commission for the position ultimately filled by Justice Lee Johnson. Malone has actually sat on the Supreme Court under the substitution rules where for a given case a vacancy or recused justice's place may be filled by another judge.
Publicly available campaign finance records show no political contributions by Judge Malone, either at the State or Federal levels.
Copyright © 2010 - The Kansas Progress