Nominating commission opens application process after justice announces retirement, sets deadlines and interview dates

The Supreme Court Nominating Commission convened by videoconference to begin the process of selecting three nominees for the governor after a justice notified the court she will retire effective July 4.

Commission Chair Gloria Flenge, an attorney from Wichita, said the commission starts the work early because the governor has a 60-day window to consider the three nominees and complete any follow-up review before making a final appointment. “If we wait till the position is open, then that means it will be empty for quite some time,” Flenge said.

The panel unanimously approved the commission’s standard application form, with a minor administrative modification to insert the final submission date once scheduling is set. The motion to adopt the application was made by Bob (attorney, former trial-court judge) and seconded by Carol Morinovich (non‑attorney commission member); members responded “aye.” Gloria Flenge said staff will post the application on the Supreme Court Nominating Commission website, distribute a press release to attorneys across Kansas, and send notice to district court clerks so printed copies or guidance will be available on request.

The commission set a target of April 11 to post the vacancy notice and application, and agreed to a 30‑day application period with a filing deadline of Monday, May 12. Commissioners agreed to hold an initial scheduling meeting by Zoom at 8 a.m. on May 13 to decide whether to interview every applicant or to screen and limit interviews depending on the applicant pool.

Members discussed how applications will be handled as they arrive. Doug Shima, Clerk of the Kansas Appellate Courts and commission secretary, said incoming applications will be placed in a secure OneDrive and can be posted there for commissioners to review as they are received. The commission agreed investigators will be assigned to applicants: two commissioners (a lead and a secondary) will perform reference checks and background inquiries, then write confidential investigative reports.

Flenge and Michelle Moore, administrator for the Judicial Conduct Commission and the nominating commissions, explained investigative reports and related personnel materials are confidential and may be discussed in executive session when necessary under open-meetings rules. “They’re confidential. Written reports are confidential,” Flenge said. She added commissioners must conduct deliberations about individual applicants in open meeting unless the subject matter qualifies for an executive session.

The commission set tentative deadlines and in-person interview dates to fit statutory and logistical constraints. Commissioners agreed to target June 2 as a tentative deadline for investigators to submit their reports and to hold in-person interviews at the Kansas Judicial Center in Topeka on June 9 and June 10, with travel and lodging logistics to be provided for members who must come from out of town. The panel noted those dates could change depending on the number of applicants and members’ schedules.

Commissioners emphasized the workload involved: Flenge and others said applicants typically submit extensive materials and references, and commissioners should read submissions as they arrive and coordinate investigative assignments. Several members asked for a redacted sample investigative report to guide new members; staff agreed to provide example reports and to send email notices when new applications are posted.

Next steps: staff will finalize and post the vacancy notice and application as soon as practicable (target April 11), the commission will meet by Zoom at 8 a.m. on May 13 to set the interview roster, investigators will aim to complete reports by June 2, and the panel plans in-person interviews in Topeka on June 9–10. The commission will forward three nominees to the governor for final selection once interviews and deliberations are complete.

Votes at a glance: The only formal recorded motion at the meeting was to adopt the application form with the administrative modification (motion by Bob; second by Carol; outcome: approved by voice vote).