Kansas committee hears bill to open most Supreme Court nominating commission records

The Senate Federal and State Affairs Committee on Thursday heard testimony on Senate Bill 299, which would make most records kept by the Supreme Court Nominating Commission public, including the names and cities of nominees.

Jason, who briefed the committee, said, “The bill would make most of the commission's records, including the names and cities of residents of individuals who are nominated to serve on the commission.” He added that certain sensitive material, such as criminal-history checks and sensitive financial information, would remain closed to public disclosure if a request justified keeping them sealed. Jason also noted that SCR 16-11 — a proposed constitutional amendment on the August 4 ballot that would change the Supreme Court selection process to elections — could substantially alter or repeal this statute if voters approve it. According to Jason, SB299 would take effect July 1 if enacted.

Proponent testimony came from attorney Josh Nye of the Kayin Law Group. Nye told the committee he once asked an appellate clerk who had filed for a chair position on the nominating commission and was told the information could not be released because of Supreme Court Rule 1101. Nye said that rule appears aimed at judicial applicants rather than nominating-commission members. “I don't see a reason for secrecy in nominating commission proceedings,” Nye said, arguing that knowledge of who has filed can affect how elections and applications proceed and that the public has a right to greater transparency in selecting judges.

In questioning, Senator Blue asked whether the commission has any duties besides nominating appointees to the Kansas Supreme Court; Jason answered that the commission's sole role is to nominate candidates for gubernatorial consideration. Senator Fazcadot asked whether secrecy might be justified for safety reasons; Nye acknowledged safety concerns could justify narrow carve-outs for criminal-background checks and credit checks but said he did not see a broader public-policy rationale for withholding basic identifying information about nominees.

The committee closed the hearing after Nye's testimony; there were no neutral or opponent witnesses. The chair said the committee will probably take final action on the bill next Tuesday and warned members that balloon amendments are possible. The hearing record notes that SCR 16-11 is on the August 4 ballot and could change the underlying constitutional selection process for the Kansas Supreme Court.