Category: Judicial System

Legal Dead-Ends and Damage to Democracy

11/30/2020

Whether perceived as farce or tragedy or some melding of the two, the Giuliani and friends press conference held at the Republican National Committee headquarters pushed a conspiracy involving foreign dictators (one of whom died 7 years ago), foreign governments, local and state election officials, German data storage equipment, an American election technology company (erroneously described as a Venezuelan company), and the ever-villainized George Soros along with the Clinton Foundation.

This combined effort to deny President Trump the “landslide” election he purportedly won—demands that responsible GOP leaders (in addition to Senators Romney and Sasse and certain state Republican election officials) stand up and say “Stop–Enough.” Now, I acknowledge that our Senator Moran has now referred to Vice President Biden as President Elect, which is a step but no direct concern expressed about the craziness going on in general like with the President attacking Republican Secretaries of State that certified Biden’s victory. Then there is Senator Elect Marshall giving $20k to help fund these crazy sideshows.

It is unclear whether this tragicomic effort is intended only to salve the wounded ego of our narcissistic president or to do something much more sinister—like overturning the outcome of a democratically conducted American presidential election. Whatever the intent, there are compelling reasons—life and death reasons—for it to end and hopefully has by the time you read this.

First, as the transition to a Biden presidency has been stalled and Trumpian disciples continue to insist that the Covid-19 pandemic is a hoax, silence from the President as he sulks in the White House ensures that millions of Americans will not take appropriate measures to at least slow the explosive spread of the coronavirus and lower the number of Covid-19 hospitalizations and deaths until a robust vaccination program is underway. His speaking out could make a real difference, particularly if joined by other Republican leadership. That consequence in itself should move our otherwise silent and apparently intimidated Kansas Senators to speak out and make clear to Kansans—many of whom may understandably be disappointed with the presidential outcome—that the election is over, that Biden won, and that speaking out clearly on the necessity of wearing masks, socially distancing, and limiting crowd size, could make a real difference in bringing this pandemic to an earlier end as well as save lives.

There is a second and equally important reason for our senators to convey a clear message to Kansans that the electoral process was fairly conducted and produced an honest result. Senators Moran and Roberts know that the Trump-Giuliani effort damages, perhaps irreparably and without justification, underlying confidence in our entire democratic system of government. Speaking the truth, clearly and unequivocally, may be uncomfortable for our senators. I realize they may receive some backlash from the more unhinged Trump supporters in the state, but a matter far more important than their comfort is at issue and that is the survival of our very system of government.

It is time for our senators to stand up for democracy. Why not put the country first? I would suggest that their children and grandchildren would be proud. I would also suggest there will be a lot of support from rank and file Kansans praying for sanity and for our system of government, as envisioned by the founders, to be preserved. Why not emulate the courage of President (then General) Eisenhower who on the eve of D-Day did not hesitate explicitly to accept full responsibility if the European landing did not succeed? His was indeed a profile in courage.

I am a Democrat, but I believe our state and country are stronger if we have a vibrant and sane two-party system. Neither America, nor the Republican Party, are served by the cowardice of otherwise reasonable leaders, including Senators Moran and Roberts—who indeed know better than to countenance the machinations of Trump, Giuliani, and their minions.

[Photo: Mandel Ngan/AFP via Getty Images]

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Debate Brings Full Threat to Democracy Into the Open

10/5/2020

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Along with all Americans, I am concerned about the health of President Trump and the First Lady and fervently hope they (along with others who have contracted the COVID-19 virus) experience a swift and complete recovery. In ordinary times, I would have delayed or held off on posting today’s blog. However, the extreme threat to our democratic electoral system posed by the President’s election strategy compels continued vigilance and explanation. We need to know what is happening and what is at stake. For that reason, the campaign season must go on. This includes inquiries, future debates, commentary, and engagement between the candidates themselves and especially voter-to-voter. So, with all of that in mind, I decided to move forward with this posting.

In a totally bizarre performance last Tuesday night, President Trump laid out his plan for retaining the presidency in starkly clear—and very troubling—terms. He did so knowing he will not win the popular vote, nor the Electoral College, if all votes are counted and certified accurately. Keep in mind that what he proposes would sabotage the process by which we select a democratically elected government for the United States. That his supporters have seemed either unconcerned or even approving of his plan and performance is hard to believe.

Given that Trump is likely to face enormous problems upon his exit from the White House, it is understandable that he views it as a safe house—a residence to be retained irrespective of the damage he does to the country’s underlying institutions.

So how does he win? He wins by creating an atmosphere that the election is rigged—that all his votes were not counted. In fact, Tuesday night he talked about votes already cast for him having been found in trash cans. Of course, no real specifics were shared. But even more troubling is his obvious effort to stir his radical base to mobilize in any way they see fit to disrupt the voting process, and to discourage voters from voting on election day November 3rd by telling these radicals to show up at polling sites.

His hope is that, with so many mail ballots being cast throughout the country and with only two states, Florida and Arizona, counting those ballots as they come in, he will be ahead on election night. He can then declare victory and, when the votes turn to favor Biden, assert fraud and go to the courts where he hopes to find a majority of sympathetic right-wing, Trump-appointed judges who will affirm a win for him.

Along with this judicial strategy, he is issuing a not-at-all subtle call to right-wing radicals and militia types to do what they can to intimidate voters and otherwise disrupt the electoral process and its aftermath. His direction to the Proud Boys, “stand back and stand by,” was immediately adopted by them as their mantra. They feel empowered that Trump embraced their group at the debate and took his statement as a rallying cry. Who would imagine that the President of the United States would in effect be issuing a call for civil insurrection? But that is the core of the Trump effort. And it adds fuel to a threat that's been on the rise in recent years here at home, nationwide, and abroad.

I am reminded of the Watergate era and the huge contrast between the actions of Republican leaders then and now. At that time, senators like Howard Baker (later Nancy Kassebaum’s husband) and Barry Goldwater stood up and spoke out when evidence of wrong-doing was clear. Their actions led to Nixon’s decision to resign and the peaceful transfer of power to President Ford. The Republican senators acted with political integrity and real concern about doing what was right for the country.

What happened then, however, is beginning to seem minor compared to the Trump assault on our democracy that is manifest today. There were, of course, serious concerns about Nixon himself and what had happened in the course of the Watergate break-in and cover-up, but, in truth there was no serious constitutional crisis nor was there a real threat to our democracy.

If Roberts and Moran as well as wanna-be Senator Congressman Marshall and the rest of the Republican Kansas delegation stay silent, in essence giving license to Trump to proceed, they will join other Republican-elected officials who share responsibility for undermining our democracy. In their silence, they will have broken their promise to support the Constitution of the United States of America. Our democratic system and institutions could be a casualty of their cowardice.

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Book Review - The Rise and Spectacular Fall: Radical Kansas Republicans, 2010 to 2020

9/5/2020

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Recently, my friend Ed Flentje sent me a book he authored including cartoons by Richard Crowson, entitled The Rise and Spectacular Fall: Radical Kansas Republicans, 2010-2020. I’ve read it and came away with not only an excellent refresher course in Kansas government and politics but a clear message that Governor Brownback may be gone but his damaging and totally counterproductive politics live on, and based on the recent Primary results, that continues into 2020.

In the Foreword written by Davis “Buzz” Merritt, newspaper reporter and editor since 1957, he started with a quote combined with his own addition: “Those who cannot do, teach, those who can do, can’t teach,” and “Those who cannot do or teach write newspaper opinion pieces.” That was a light way of introducing Ed’s collection of ten years of opinion pieces he wrote and shared around the state. And it is quite the archive of Kansas political thought and history.

Organized around three chapters: Finance, Politics, and Governance, Ed’s opinion’s are shared as the ten year period progressed, leaving us in depth information and analysis based on his observations and opinions at the time on government action and politics. For me, this read is a must for anyone who wants to better understand the unfortunate "lost decade" just completed in Kansas, but most importantly, to appreciate that the decade following will continue to be heavily influenced by the Brownback failures and, unless that is understood and dealt with, the damage will continue.

I will have more to say on this subject next week on my blog, but I share this today as a focus for further reading and learning on the topic. The book provides excellent background and great detail about the many problems created during those years, and it is my hope that it can provide both education and inspiration, as we charge up for another contentious and consequential election year.

Crowson’s cartoons will add a lighter touch but still very effective at getting the messages across in an entertaining and digestible way. The book is available via eBook or hard-copy and is a must read for anyone concerned about the challenges we face as a state and the politics of the time.

Ed Flentje - The Rise and Spectacular Fall: Radical Kansas Republicans, 2010 to 2020

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Will Republicans Ever Stand Up to Trump?

6/28/2020

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I’ve had this thought for some time after earlier screw-ups, wondering how, not just our own Kansas Republicans, but almost all elected Republicans stick with the President regardless how obvious the mistakes. What purpose does that serve? I suppose the answer is an easier re-election. But, given all the problems we have (including the unfolding story about Russian bounties for killing for U.S. troops), wouldn’t it be a good time to speak up respectfully?

IF THE NFL AND NASCAR CAN STAND UP TO PRESIDENT TRUMP WITH BILLIONS AT STAKE, WHY CAN’T YOU?

Over the past several weeks, we have seen people of all colors and backgrounds take to the streets, not just in this nation but around the world, demanding action to solve the obvious racial issues we have. Police departments all across the nation are under (and rightfully so) close inspection for major long overdue changes. Social justice for now is at the top of most political agendas. But where are the Republicans who are actually standing up to the President? This is a time for Republicans to join Democrats to pass real sensible legislation that has large public support and will signal just maybe we are on the road to recovery and sanity and, if necessary, over the President’s veto.

Consider also COVID-19 in the early stages, when lessons from other countries should have been learned and turned into mitigation strategies for the United States. Why were the Republicans silent when it became clear that cutting the CDC budget was a huge mistake? Where were they when the cross-agency federal task force set up by President Obama to deal with such problems was abandoned? Democrats spoke up, but I’m sure the general public saw that as only politics. We needed Republicans to speak the truth, speak the truth to power, but they did not and here we are.

I think back to the Republicans who previously represented Kansas that I have known and in some cases worked with for the common good. This includes Senator Frank Carlson, Senator Nancy Kassebaum, Senator Jim Pearson, Senator Bob Dole, and Congresswoman Jan Myers. I can't imagine any of these Kansans not standing up to President Trump for the best interest of the country and even the future of the Republican Party.

It is not just our Kansas delegation but the Republican Party in general. We need a return to the days when we had two strong, competent political parties representing in general two different philosophies. Leaders from both parties were committed to work together in the end to get done what needed to be done for the best interests of the state and country. With the Republican Party now being so very far right and in so many ways anti-government, compromises are hard if not impossible to come by, and the result is needed action doesn’t take place.

This stalemate explains why issues like social justice, climate change and infrastructure needs have never been dealt with and very likely will not be addressed unless major changes take place in how our political system works. That will only happen, it seems, when the people rise up and demand change, demand respect for the rule of law, and a return to the democracy our founders created for us. This positive change starts at the ballot box.

Register and vote like our future depends on it, because it most certainly does.

Majority Leader Mitch McConnell maintains a Republican shield, protecting the President's lawlessness and preventing needed legislative progress.

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Democrats Lucky to Have Speaker Pelosi

5/9/2020

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Speaker Nancy Pelosi has led through difficult times, balancing political realities with what is best for the country. She has certainly come across often as the adult in the room of Congressional leaders and the Administration. Despite representing a very liberal district, she has operated from a very pragmatic point of view. She has charted an aggressive course of action while working to keep her caucus in the majority, knowing if they lose the majority everything accomplished would be destroyed.

There are those that lump both Houses as making up the do nothing Congress. The facts clearly document that she and her caucus have actually been very responsive to the needs of the American people. Through her leadership and the hard work of her committee chairs and the Caucus, over 400 bills, many key ones, like safeguarding our elections and with huge public support, have passed the House and been sent to the Senate. From there, Republican Majority Leader McConnell makes sure the House legislation goes nowhere and that very few originating bills come out of the Senate for the House to work.

Her first major challenge was dealing with President Trump and the decision of Impeachment. Early on, she clearly wanted the Fall 2020 election to determine if the issues surrounding the President merited impeachment. I believe Speaker Pelosi thought delaying was both best for the United States as well as her Democratic Caucus. But when the Ukraine scandal more clearly brought to light impeachable offenses and the public tide shifted towards holding hearings, she quickly assigned her Judiciary and Intelligence committees to hold hearings. She managed the process effectively and amazingly kept her troops together (albeit, there was one defector), to pass the impeachment of the President and send the indictment to the United States Senate.

Her role in the government’s response to the Coronavirus again showed her leadership skills and capacity both to challenge and to work with this Administration. Speaker Pelosi worked one-on-one with Treasury Secretary Mnuchin to develop packages that address the nation’s needs as well as secure the support of the Administration and the votes needed in the Senate. While not perfect, these relief efforts have been made significantly better through the help of Speaker Pelosi and other Congressional Democrats.

The first day of the 116th Congress, Nancy Pelosi was once again elected Speaker of the House on January 3rd, 2019.

What makes her accomplishments even more interesting is that, after the 2018 Congressional elections and winning the majority, many members of the Democratic Caucus worked hard to deny Pelosi the Speakership. Yet, she not only won, but today is almost without exception solidly backed by the entire caucus. This is not an easy thing to accomplish. But the amount of respect she has garnered among her colleagues over the years and her experienced leadership have clearly made her the right person for the job, at the right time.

Given the challenges of dealing with a President like Trump and a Majority Leader like McConnell, Speaker Pelosi has done amazing things. History will place her in the short list of Speakers who have really stood out with common sense, political savvy, and success. She has impacted Washington action in a positive way for the best interests of our country.

I am currently reading the new book “Pelosi,” by Molly Ball. I haven’t finished it yet, but I’ve already learned about so many fascinating, character-building experiences she’s had in her decades of public service. She has always been a smart, tough leader. And she's paved the way for so many other outstanding female leaders, who will help guide us into the future. I’m looking forward to learning more about her brilliant career as I finish reading this insightful new book.

This photo was taken at the Reopening and Rededication of the Rotunda at the National Archives on September 17th, 2003. Pictured here are Congressional leaders, Rep. Steny Hoyer, Rep. Nancy Pelosi, Sen. Tom Daschle, and Speaker Dennis Hastert along with former Chief Justice William Rehnquist, who delivered remarks and myself, Archivist of the United States.

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Republicans Perfectly Comfortable with Trump's Wrongdoing

2/1/2020

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The United States Senate—with all but two Republican Senators—has cleared President Trump of any impeachable actions. What does that mean for our immediate future? What will Trump do beyond what he has already done? Certainly, Trump will do whatever it takes to win re-election, but it would not surprise me if he makes plans to stay in office beyond a second term.

At this point, just what would President Trump have to do to lose the support of Republicans in Congress? This week almost all Republicans are making it clear they are with him regardless of what additional evidence emerges. Even the President’s defense lawyers for the hearings admit to his wrongdoing in many cases. But they insist his actions do not reach the level for “Impeachment (Indictment) for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors” (Article II Section 4 of the United States Constitution).

I think back to all the earlier Republican Senators from Kansas that I’ve had a chance to work with or at least get to know. I cannot imagine any of them supporting what is going on now. Kassebaum, Pearson, and Carlson for sure, and I have to believe Senator Dole privately is shaking his head in disbelief. Their values and principles would have stood up to any future primary threat like what now seems to be keeping many of our current Senators towing the party line.

President Clinton lied about sex with a White House intern, and most Republican Senators had no hesitation supporting throwing him out of office. The Democrats in the end backed Clinton, but the trial was a real trial with witnesses and records very available. The rules for the trial were adopted on a vote of 100 to 0. That is in total contrast to the circus run by Majority Leader McConnell. Their vote to essentially skip the actual trial phase and deny the American people access to all the information and relevant witnesses is equivalent to full participation in the cover-up. Now, with multiple branches of government participating in this cover-up, we have reached a dangerous new low for our country.

If Trump, now having survived an impeachment trial, wins a second term, returning to our system of democracy and the rule of law will very likely not happen. Capitalism will dominate. The very rich will solidify their hold on Washington D.C., and our good memories of the past will be just that.

Trump and his campaign operatives will certainly feel comfortable doing whatever they want to win re-election. Certainly in play will be courting foreign countries to help rig the election in return for some kind of promise of financial support. In time, not cheating may become the pathway to almost always losing.

If leaders accept this conduct from a President now for whatever reason, I raise these questions: Just how do we get this genie back in the bottle? How do we go from ignoring the law and the Constitution to respecting and adhering to the Democracy and system of checks and balances set up by our founders? This is not just a setback that simply in the passage of time will be corrected. And this is particularly true if President Trump is re-elected, making November 3rd a do or die day for our future.

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Best and Worst from the 2010s

1/4/2020

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Looking back over the last ten years and my eighth decade of life, I am sharing what stands out for me both in good ways and bad:

On the good side:

I had the pleasure of finishing ten years as Archivist of the United States and played a role in making sure we all understand that it is not just for history that we have records, but to protect citizens’ entitlements (Veterans, for example). And maybe, most importantly given the times we are in, conveying the importance of records as essential in holding the government accountable.
My engagement with the Staley School of Leadership Studies at Kansas State University for the entire decade has grown my confidence in the potential of our younger population, giving me hope for the future.
Governor Kelly defeating Secretary of State Kris Kobach in the 2018 election.
Kansas City Royals won the World Series for the first time since 1985, K-State won Big 12 championships in both football and basketball. Yes, KU won the other nine in basketball, but offsetting that, K-State was 10-0 competing against KU in football.
Kansas State University closed the decade by making really good decisions and hires that will, I believe, have significant positive impact for the coming decade.

On the bad side:

Having to endure eight Brownback years (and all the mistakes that will haunt Kansans for many years) really makes a much more difficult path to the future for both the Governor and Legislators.
The election of Donald Trump as President in 2016. A man with little or no respect for the law, little or no understanding of how our government functions, and little or no appreciation of the huge challenges (e.g., climate change) we face that, if not addressed, will do damage of unbelievable portions.
Having Moscow Mitch (Republican Senator from Kentucky) in a position to stop almost every important piece of legislation through the entire decade, even those that had overwhelming public support. In addition, his handling of the courts and judges has set several damaging precedents for the future.
Almost 100% of Scientists with a climate background have issued serious warnings throughout the decade and there has been little or no action in response.
The national failure to make any progress on immigration reform, funding of infrastructure needs, dealing with gun violence, addressing climate change, as well as the increasing National debt. This represents the utmost failure of our leadership in Washington D.C.

Here’s to a new year and decade with the hope that progress can and will be made.

The rotunda of the National Archives, home to the "Charters of Freedom." These documents, including our Constitution, have safeguarded democracy in our country since its founding. But, as we know from Dr. Benjamin Franklin, our nation is only a republic, "if we can keep it."

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The Surge in Youth Voting Must Continue

11/17/2019

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The good news is that college voter participation is growing significantly. In a recent New York Times article, they shared that college voter “turnout in the 2018 midterms—40.3 percent of 10 million students tracked by Tufts University’s Institute for Democracy & Higher Education—was more than double the rate in the 2014 midterms, easily exceeding an already robust increase in national turnout.”

The bad news is that many Republican lawmakers all across the country are doing everything possible to not just stop this trend but to turn it around and not with a persuasive argument but through voter suppression. Intentionally making voting more difficult should not be a surprise, as we have long experienced issues like limited voting places in key areas to create long lines and wait time that can discourage voters. These strategies are all designed to help elect Republicans who struggle to appeal to a broad cross section of the electorate. Apparently, for at least some Republican lawmakers, making it more difficult for some voters to practice their right, just makes common sense if it will help them get re-elected or pass special interest legislation that Republicans support.

In general, today’s state action driven by Republicans to reduce student voting focuses on reducing and in some cases eliminating early voting sites, adding various voter ID requirements and restrictions, making use of student ID cards as difficult as possible, and on election day, not having any voting opportunities on campus. Some would say that this behavior is just politics and everyone does it. Aside from this being untrue, it is certainly not the American way to limit voter participation after all the years of work to get the vote for women and eliminate many restrictions designed to limit certain folks from voting.

We’ve been through voter challenges in Kansas with the reign of Secretary of State Kris Kobach and his agenda of voter suppression. Hid under the guise of detecting election fraud, he did everything he could to limit certain populations from voting, voters that he concluded would vote the wrong way. This in particular included students. At the height of his voter ID law, during the 2014 elections, I recall visiting with students here in Manhattan who did not have the required documents with them at college, such as a birth certificate, which was required in order to fully register and participate in Kansas elections. Many of these restrictions have since been paused or struck down in court, which has allowed for the full registration process to be completed online. And, after years of Kobach’s efforts, there was very little if any evidence of election fraud found. Almost all of his examples were new residents of Kansas that were not always aware of our different policies. Now he is running as a candidate for the United States Senate, and given his track record, I would expect him to, if elected, continue his cause and at the same time show no concern about Russian interference or the serious election infrastructure and security issues that need to be addressed in our national elections.

Kobach’s replacement as Secretary of State, also a Republican I must add, appears so far to want to increase voter participation, which I commend. Riley County, Kansas has a very professional County Clerk, who happens to be a Republican, running elections who is outstanding in his efforts toward encouraging voting. There are good examples at the local level of folks taking access to the vote seriously, and working to promote it among people no matter their background or political stripes. And, with the courts striking down many of Kobach's restrictions, access to the vote has improved in Kansas, and so has youth participation. All of this is cause for optimism, and I sincerely hope these trends can continue.

Surely this should transcend partisanship; more people involved in our electoral process is a very good thing for our system of government, especially at a time when the values and ideals of democracy are being tested at home and around the world.

If we give a damn about the future and the challenges we face like climate change, we will work hard to stop voter suppression policies and open up more access to the vote, not less. We desperately need young people’s participation in elections to bring a more balanced look at what needs to be done and policies to improve society and the environment for the long term. Making it difficult for young people to vote is just crazy and short-sighted.

Pictured here is Anita Austin of the organization Loud Light, which is working to increase youth participation through voter registration and information efforts. Click the photo to visit their website to learn more or support their work. [Photo Credit: Kansas News Service]

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Constitution Day: A Wake-Up Call

9/15/2019

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How do you celebrate Constitution Day? I suspect that not only do you not celebrate, but you likely are unaware that there is a day dedicated to recognizing the adoption of the U.S. Constitution on September 17th.

For ten years, I was the Archivist of the United States, and certainly one key responsibility I had was making sure the original Charters of Freedom—the Declaration of Independence, the Constitution, and the Bill of Rights—were protected, preserved, and as accessible as possible to the public. Early in my tenure, my staff and I concluded that we were not doing enough to adequately educate the public who came through the rotunda on the values of the Charters of Freedom. We made major changes to not only enhance the visit to the Rotunda but added educational space to further promote understanding of the Charters of Freedom, the importance of public records, and their many values to our democracy.

On September 11, 2001, the initial terrorist attacks on the Trade Center quickly led to concerns about attacks on Washington D.C. and the possibility of one target being the National Archives. That potential action could destroy the original documents that undergird our whole system of democracy. Fortunately, that did not happen, but the scenario certainly brought to me a reminder of the special value of the work of the Founders. They put together a system with three equal and powerful branches of government: the executive, legislative, and judicial. For over 200 years, this system has been the bedrock of modern democracy and has become a model for nations around the world.

In late July, as part of this year's Mandela Washington Fellowship six-week Civic Leadership Institute at K-State, I had a very good visit with a young woman from Zimbabwe who ran for public office there and plans to stay involved in public life. She made it clear that folks in her country who want a democracy like ours are now looking at us with real concern and potential doubt. For her and many others, America was the model that many developing nations used to move closer to a real democracy. Her message reminded me that our current crisis may have significant impacts far beyond our borders.

Today our system of governance is being tested daily by an administration that more and more acts if they, the executive branch and particularly the President, can dictate what will be done. Between Executive Orders and other actions that ignore the will of Congress, total disregard for the value of a quality civil service system, using the Presidency for his personal and financial gain, stoking the flames of hatred and racism toward immigrants and other minority groups, and appointing Judges whose ideology is extremely far to the right, the Trump Administration is the beginning of potentially demolishing our democracy. Ignoring legislative budget decisions as if President Trump were more like a King and looking to dictators to form close friendships causes not just me but lots of folks great concern.

It is my hope that this September 17th, Constitution Day, many of you will raise these issues of concern. I hope that this year, it will not be just another day but a wake-up call for all Americans to understand just how much impact the 2020 elections will have on our future as a democracy. It can no longer be assumed that our system of government will survive if the current disregard for democratic norms and systems of checks and balances continues.

The rotunda of the National Archives, home to the "Charters of Freedom"

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The Death Penalty in Kansas

4/4/2019

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As a result of the U.S. Supreme Court’s Gregg v. Georgia decision in 1976, states were permitted to reinstate the death penalty through state legislation. In 1977-78, the Kansas Legislature introduced and voted unsuccessfully to reinstate capital punishment. As a state legislator, I voted against these reinstatement bills. I was not a passionate opponent; I did not participate in the debates. I just did not feel it was right.

As a candidate for Governor, I kept my position of opposition but said if it passed that I would not veto it. I was comfortable letting the elected legislators by majority vote decide the outcome. Sworn in as Governor in January 1979, I gave little or no thought about the possibility of the death penalty coming up. But, as it turned out, the same voters that elected me also voted in enough change in the Legislature’s makeup that by late March, both Houses had passed and sent a death penalty bill for Kansas to my desk.

I had ten days to make a decision. My staff assumed I would sign the bill, so there was little discussion as there would have been on almost all other legislation passed. Thinking in depth for the first time, serious doubts about the rightness of the death penalty began to grow in me. As I share with students, there are times when ones values conflict. Yes, I had made a promise to the citizens, but now with the hard reality sinking in, my opposition became passionate and much more real. My staff warned me of the political consequences I would face, and I did not disagree. But on the tenth and final day—exactly forty years ago today—I made my decision.

Below, I share the full text of my Veto Message for legislation that would have reinstated capital punishment in Kansas. This message was submitted to the Kansas House of Representatives on April 4th, 1979, and it was the first of four times I vetoed this policy in my time as Governor (1979-1987). The death penalty was eventually passed into law on April 23rd, 1994. We have yet to see it used and often the costs of appeals, delays, and so forth have been much higher than simply "throwing away the key" when the circumstances suggest. Strong but unsuccessful efforts have been made in recent years to repeal that law, including during the current legislative session, but for now it will be up to the people to make it a priority for their legislators.

MESSAGE TO THE HOUSE OF REPRESENTATIVES OF THE STATE OF KANSAS
April 4, 1979
Topeka, Kansas

Life offers each person opportunities for decisions which are most profound and grave. For each such grave and profound decision, there is only one measure of choosing well. That measure is whether a person can respect what he or she has chosen. And for decisions which are most serious for all of us, it is not always possible to know in advance what one’s decision will be.

I believe that, in a civilized society, penalties applied by the state against those who break the law can only be justified for their rehabilitative, punitive, or deterrent value. I find that capital punishment fails all three of these standards.

I am an optimist. I believe that society can find a way to deal with violence without using violence. I am confident that the State of Kansas can protect its citizens without taking the lives of its criminals. It is for these reasons that I veto this bill.

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Governor Kelly Will Take on a Long List of Challenges for Kansas

1/10/2019

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As Inauguration approaches and the transition period for newly-elected Kansas Governor Laura Kelly comes to an end, the initial approach to the many problems the state faces will become public and ready for the Legislature to engage. I have high confidence that the Kelly administration will do the very best they can for Kansas, and I have no intention of second guessing their directions. What I do want to do is help educate the public on just how massive the problems are and how desperately important it will be for enough legislators from both parties to set politics aside and, in a-non partisan way, work with the Governor to address our endless challenges.

I say all this because we are at a point of no return. We either step up and correct what is not working or the state, at some point soon, will be in a hole so big that getting out just may not be possible. Making these corrections will, from my experience, require at least two actions to take place. First, will be the incredible importance of quality and sustained communication from the Kelly administration to the Legislature and the people of Kansas. Kansans must understand the massive problems we face. Second, citizens need to participate, speak up, and let the Legislature know they expect (and will support) action in addressing these challenges.

The reality is that quality state government has been totally decimated as a result of the disastrous Brownback years. Public education, as it should, gets lots of attention and, to a lesser extent, the need to take care of our infrastructure is known. Both these areas must be responsibly addressed. But my point is that recent policies have negatively impacted state government across the board. Twelve and sixteen hour shifts for workers in our prisons and state hospitals are not the norm because it is the new way to better serve these agencies’ missions. These institutions simply do not have the budget to adequately undertake their responsibilities and maintain accreditation standards, which can lead to loss of federal funds, further compounding the problem.

Often forgotten is the devastating damage the Brownback administration did to the civil service system. That administration was able, with legislative support, to ignore the long standing system where merit prevailed, which lead to quality folks being attracted to public service. I am sure the Kelly administration will work to get the civil service law changed back. But in this case, the law will allow the administration to switch back to merit now and start the process of recruiting quality public servants we need to successfully carry out state programs and functions. This will all take time and probably much of the four-year term for any significant progress to be made. But steps in the right direction will need to start right away.

For quality government to be restored, it is essential that the public know the long range plan and that the initial steps taken by the Kelly administration are consistent with that plan. From a practical point of view, this will take leadership from both sides of the aisle understanding that it cannot be politics as usual. I know the Governor will be reaching out and doing her part. Key to success is whether the legislative leaders within both parties can set aside 2020 election goals and “gotcha” politics that only lead to stalemate and getting done only what has to be done. We must now put the state and its future first, or that future will not be what we want and need.

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Don’t Brag about Denying Pardon Requests, Thank the KS Judiciary

7/15/2018

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Recently, Kansas Governor Jeff Colyer made a big deal about his "tough-on-crime" stance by, in essence, bragging about turning down inmate requests for clemency and pardon. The Topeka Capital-Journal headline read, “Governor Colyer slams door on murderers, rapist pleading for clemency.” In the Wichita Eagle, the Governor highlighted his “denial of 21 requests for pardons.” I am not questioning his decisions, but I do want to put those decisions in perspective and provide some context and history on our court system here in Kansas.

First, Governor Colyer is Kansas’ 47th, and the issues that deal with Pardons and Extraditions have been dealt with by Kansas Governors from day one. My attorney dealing with this area (memory says I had two in my eight years) spent a lot of time dealing with the huge number of requests put together by, almost without exception, jailhouse lawyers. This work gave some prisoners something to do and they were not without talent. The problem was they didn’t have the evidence to make the case. In my time, I dealt with thousands of requests and appreciated the quality of my legal team making sure there was no justification to approve the request. After eight years, I only responded positively twice. The inmates were both lifers dying of cancer with 5 or 6 months to live. They were expensive for the state to incarcerate, and their families were willing to take care of them. I commuted their sentences to a level where they were immediately eligible for parole, allowing the Parole Board—if they agreed—to release them, which they did. The very small number of releases is a large credit to our judicial system, which was established to carry out fair and impartial justice by merit-based selection of judges.

That experience has not been the same in some other states. Arkansas is an excellent example of the opposite. Governor Huckabee issued something like 8,000 plus pardons in his tenure. Was Huckabee, of all people, just letting people go to reduce the prison population? Definitely not! He, in fact, was the court of last resort in a state where the whole judiciary was caught up in politics and money. Someone had to provide justice. Other Governors of Arkansas had similar experiences.

So where am I headed? It makes a difference whether judges are selected on merit or on political and money connections. Until the Brownback-Colyer administration, Kansas had a judicial system pretty much free of politics and money. But all that has begun to change. Because the Court of Appeals Justices are not protected by the state constitution, it allowed Brownback-Colyer to successfully press the legislature to make those appointments directly by the Governor. So far, the attacks on our Supreme Court Justices have failed because of the protection of the constitution and the supportive votes of citizens in retaining the five justices up for retention in 2016. But clearly, Governor Colyer is in the camp of wanting to change the constitution to not only allow direct Governor appointments but taking the court out of playing a balancing role in the funding of public education.

The elections in August and November will go a long way in determining whether Kansas goes the Arkansas way or we maintain our historical support of justice and respect for the third and equal branch of government. Think about this before you vote. This is not just another inside the ballpark discussion that in the end doesn’t make a difference. It does. And the impacts for better or worse fall on individuals and entities standing up for a fair and independent judiciary in Kansas.

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Final Stretch of the 2018 Legislative Session

4/26/2018

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The tentative positive outcome on both school funding and the overall budget (which could have seen more cuts to Higher Education and additional robbing from the highway fund beyond the existing $450+ million) is the direct result of many successful efforts in the 2016 legislative races. The results changed the makeup of the legislature to one that is more likely to invest wisely in public education and eventually address our serious infrastructure issues. This is the best realistic outcome for 2018. But as it has been said, it ain’t over ‘til it's over, and we are not yet there.

The bill correcting the $80 million error on school funding should be treated as simply a technical correction. But, like it or not, it is an opportunity for amendments and a rehash of the original bill passed and signed by the Governor. The wildcard here is over the three week break, what did legislators hear from constituents and/or lobbyists with money for the fall election? Were they complimented for doing what was right or castigated for over funding and bowing to the Supreme Court? As votes are taken on amendments, we will quickly know which way legislators were successfully directed.

Opinions differ on whether the school funding bill might need tax increases sometime soon. But for now, not having to make any tax increases in an election year made the most legislators happy. Unfortunately, they are working a possible tax cut for Kansans tied to the changes nationally on deductions. I understand the politics. But this is a missed opportunity to take a modest step in putting together the resources for next year that are going to be needed if we want to make further progress on getting the State of Kansas back on track.

So what is the Court’s next move? Will the legislative funding number be enough? At this point, I hope so for the sake of the court system and the positive step taken to fund education. Shooting down what the Legislature has done could set off a constitutional crisis. For sure, there would be another push for changing the Constitution and further movement to throw Judges out of office. Neither of these actions, if successful in the broader sense, would be good for the State of Kansas. It would signal a declining support for public education, a movement away from the three equal branches of government that our founding fathers knew was necessary, and it would leave partisan politics playing a much stronger role than ever.

Sine Die, final adjournment is set for May 4th. If things don’t go as hoped, there will very likely be a special session of the legislature this summer.

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The 2018 Legislative Session and School Finance

1/18/2018

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With Governor Brownback’s State of the State speech and the release of the Administration’s budget recommendations, we now have the opening of this year’s legislative session behind us. What makes this year totally unique are two factors not routinely in play. First, we don’t know how long it will be until we will have Governor Colyer—as we await news from the US Senate on Browback's confirmation effort. Second, the the Kansas Supreme Court and school finance hangs over the Capitol like a tornado on the horizon. To say this session will be a huge challenge is an understatement.

Early reaction says the budget that the Administration delivered was dead on arrival. Republicans, in particular, have led the negative response with a focus on the fact that the Governor had a nice sounding message but delivered it out of context. His avoidance of saying anything about how the state should pay for his recommendations was particularly offensive to almost all legislators. This was particularly upsetting to those who voted for tax adjustments last year in efforts to start addressing the fiscal crisis tied to the failed Brownback tax experiment.

So where are we? First let us look back to last year for a moment. As you know, very significant progress was made that included overriding the Governor’s veto on a tax plan that took a significant step in restoring much needed funds. The downside was that it was not enough to fund a reasonably full recovery. Too many legislators, as well as special interest groups, were a little too anxious to get anything close to what is needed. In the process, they likely left some important resources on the table that could have lessened the existing fiscal pressure.

Despite the progress, the Kansas Supreme Court has made it clear that even with the additional funding, it is not adequate. Their position is based on their interpretation of the Kansas Constitution regarding the state’s role in funding public education. Additionally, those who have never supported increasing education resources will be pressing for a Constitutional amendment that basically takes the Court out of any jurisdiction on school funding. Given the required ⅔ vote from both Houses, that is unlikely to happen.

Next are the political realities. Last year’s progress on school funding and the budget was clearly a heavy lift. Now we are in an election year, with the entire House up for re-election. Also, it is easy to assume that whatever tax bill reaches the Governor's desk, regardless of who is Governor, will be vetoed. There were no extra votes in last year's override. Given that fact, the likelihood of a repeat in 2018 is very slim. In addition, why would all the newly-elected members who were there for the 2017 override vote for another tax bill that, logic says, will not pass?

So where does all of this leave us? At the moment, I see no traditional answer to this constitutional crisis. My dream would be a Supreme Court that is willing to talk privately to legislative leaders from both parties about the realities that they face. Then, out of that, would come a compromise that spreads the mandated funding increase over a reasonable period of time. This might allow the money that became available from last year’s effort to be adequate to meet the first year’s commitment and then begin down a multi-year path towards meeting our constitutional commitment to public education. Although, I understand when your response is “dream on.”

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The True Cost of Neglecting our Civil Service System

10/11/2017

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In my last blog, which reviewed the six plus years of the Brownback Administration, the final major point was the damage done to the civil service system. I want to follow up on that because there is more to the story, and understanding this in some depth is very important as we move forward with efforts to restore our state in the wake of these damaging years for Kansas. Without a clear comprehension of what happened with the civil service system and the consequences of those decisions, there will be little opportunity to gain the support necessary for positive action.

This problem was underlined recently when I was helping Lynn’s mother get her handicapped license renewed. We got her a handicapped parking permit when she moved here to Manhattan three years ago. In reality, she has done so well she has almost never used it. But when renewal time came, we decided to re-up, and I was given that responsibility. My first move was to go out east of town to the State Motor Vehicle License facility. I made it no further than just inside the door to learn, with the room packed at mid-afternoon, that there was no way they could take care of me that day. I came back earlier the next day to another jammed room, but lucky for me, I thought when I signed in I should make sure I was in the right place. I wasn’t. I needed to go to the county treasurer’s office at the courthouse, which I did. Now, stick with me, for I’m about to get to the point.

At the state facility, it was obvious that one needed to allow plenty of time, hours not minutes, to get a driver's license new or renewed. This was not because of state employees not doing their job, but because with the budget cuts from the Brownback administration, they were short the staff they needed to serve the public in an efficient way that was respectful of Kansans’ valuable time. At the county courthouse, service was efficient and professional, and I was in and out in no time. It appears that our local officials fund services conservatively but adequate to do the job in an effective manner. And I know this is but a small, personal example of what happens to countless Kansans on a daily basis.

The key message here is that getting the state back to quality service will not be easy, and it will take time. It is not just restoring professionalism by repealing the Brownback spoils system, providing stability to the state employee retirement system, and opening up our state workforce to a wider and more diverse talent pool, but also finding resources to better staff needed functions. Examples include twelve hour shifts at state prisons, way under-staffed Children Services, and just recently, the Kansas Bureau Investigation reports they are 25 staff members below what they need to efficiently work with local officials investigating crimes. Unfortunately, for far-right conservatives, starving the government is a key strategy because the underfunded agency will perform at a lower level of quality, providing the evidence they'll use to make the case for privatization or more tightening of the budget.

Again, a reminder to all the folks who love tax cuts. Yes, it appears you are paying lower taxes because of decisions made, but are they really lower? You still pay taxes (and an increasing amount of fees for government services, which is also a form of taxation), and the declines in service do have an impact—in many cases, far greater than if the services would have been properly funded from the beginning. Whether that is addressing maintenance needs in a timely fashion or seeing that a vulnerable child is taken care of, not doing these things will ultimately cost much, much more.

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Reflecting on Governor Brownback's Six Plus Years

9/28/2017

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With the date set for Governor Brownback’s confirmation hearing (October 4th), we in Kansas have the opportunity to look back on his six plus years as Governor. Below are my reflections on the lasting impacts of his time in office and some thoughts on where we, as a state, go from here.

What we got from Governor Brownback was not quite what we expected. Much changed between the time he was Secretary of Agriculture and Governor. He went from being quite likable and non-controversial to being a very polarizing figure. His leadership approach was certainly not built on bringing people of different persuasions together. Not only did he change religions but, philosophically, he went from reasonably moderate to extreme right.

His policy mistakes were many but none more puzzling than his systematic destruction of the Kansas Bioscience Authority (KBA). What was at one time the darling of legislators across the board (created with bipartisan support in 2004) was now being trashed. Truth was not important and philosophical positions were often quite bizarre. None was more puzzling than his stance against picking winners and losers. He disliked that the KBA worked hard to make the wisest investments for the best interest of Kansas. He preferred that we invest the money without considering the likelihood of success. I think the Bible talks about putting the seeds where they can grow and not on the rocks.

His lack of support for all levels of public education is another example of his move to the far right, which favors private education. This dramatic change of position was totally new for Kansas. Proud of our public school system, most Kansans took for granted that the support from most public officials would be strong. With big money from private donors and other public school opponents, a push to support private education took place—more often and in new, different ways. This includes an assault on our judicial system to change the way we select judges in Kansas, in order to push the policies that these monied interest groups favored.

In his run for re-election, he loved to promise of his support for very much needed highway improvements. He was comfortable endorsing specific projects but never sharing on how they might be funded. Given he robbed extensively from the highway fund to avoid Kansas going broke, maybe that is understandable. Historically, highway maintenance and improvements had strong support from both sides of the isle, but not under this Governor.

As puzzling as anything was his adamant opposition to Medicaid expansion. Kansans were paying for it but not getting it. Despite many Republican Governors accepting the dollars and significant support from Kansas citizens, he stood his ground. The result was pain inflicted on large numbers of Kansans as well as the financial viability of many, particularly rural, community hospitals and nursing homes.

But maybe the most damaging mistake over time will be his lack of support for, and his meat ax approach to, the civil service system and public service in general. I say that because it may take a generation or more to restore the quality state workforce we once had. With the Governor's recommendation and the Legislature’s support, now when a civil service employee leaves the system the position automatically becomes political, bringing back in essence the spoils system that most of us thought was a thing of the past.

The story of the past six years will be about a Governor who sowed the seeds of political division in Kansas. From his all-out attacks on members of his own party, to his blatant disregard for opposing views of any kind, Governor Brownback leveraged a big money machine to turn our state into a petri dish for far-right policy and an extremist approach to governing. This is a far cry from the Kansas that many of us have known and loved.

What will happen to our state as a result of the Brownback years remains to be seen, and it will largely be up to us to decide. Kansans of all political stripes have certainly been activated. And, so far, there are signs that we may learn our lessons from these divisive and damaging years for our state and begin to put Kansas back on the right track by bringing people together around the solutions to our largely self-created challenges. The path forward will not be easy, and there is certainly a lot of work to do. But perhaps the next chapter can be the most exciting and impressive one yet: a state turning the page on division and building a model for how to come together, engage, and overcome the disastrous results left behind by these difficult years for Kansas.

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Reflecting on November 8th

11/14/2016

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The November 8th election left us with some bright spots and also made clear some of the challenges our state and country will face moving forward. Looking back on the outcomes, I intentionally waited, giving myself some time to reflect and get over what was disappointing. I wanted to get in a frame of mind that is ready to move forward, by building off of what was successful and learning from what didn’t work. On the successes, I want to thank and give credit to the thousands of you who read and, I believe, acted on the challenge to influence others and advance the conversation on issues. Your work helped make the difference on the retention of Judges as well as provided the opportunity to improve the quality and problem solving capacity of the Kansas Legislature. The positive results are very significant, and you deserve credit and gratitude. And, going forward, your voice will be more important than ever.

We have sent a powerful message that the people of Kansas like merit selection and do not want any Governor to have too much power in selecting future Justices or Judges. In the process, we have held off a move where the blatant use of politics and money would have controlled the Judiciary. What we have been proud of, an independent and equally powerful Judiciary, will continue adding to sixty years of success.

As a result of this year's primary and general elections, we now will have a legislature, particularly in the House, that will be much more in tune with the people and issues that need to be addressed. A coalition of moderate Republicans and Democrats will, at the very least, be able to stop crazy things that in the past made it to the Governor for signature. As we look towards the 2017 Legislative Session, there are a host of issues that will need immediate and sustained attention. On the policy front, this blog post from Duane Goossen, "Rise Up, Kansas" lays out some of the important places to start and points to an upcoming policy roll-out event that will take place next month at the Capitol.

On the engagement side, one way you can continue to help out going forward is to share with me in your comments, your observations of both the campaigns for retention and individual legislative races. I want to know what you think worked and what didn’t. Does the candidate and/or supporters going door to door impact your vote? Were the postcards and mailers effective? Did getting so many make a positive impact? Did the use of digital ads showing up online have impact? What about taped robo calls versus live calls? I want to know whatever you can share that might be helpful going forward. Knowing what works can really make a difference.

I will have more to say as time passes as to what the decisions of November 8th will mean for Kansas, including the Presidency and how it will impact our state and nation. In the meantime, please consider sharing this message and any feedback you have that can assist in future efforts to bring change to Kansas.

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Vote 'Yes' on Judicial Retention

10/26/2016

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As I hope many Kansans know, there is an organized and heavily financed effort to throw out four of the five Justices up for retention on the Kansas Supreme Court and six Judges on the Court of Appeals. Frustrated by the Court supporting the Kansas Constitution on proper funding of public education, the effort is driven by special interests who see an opportunity to lock the courts into a far, far right position for as many as thirty years. Our current system of selecting judges based upon merit has served us well for sixty years. The retention clause in our system is there as a safeguard but, fortunately, has never been needed. We have a 100% record of retaining our Judges because the current merit system has brought quality and balance to the bench.

So if the system is so good, what really is the problem? First, the Kansas Legislature, working with the Governor, successfully changed the law for the appointment of Court of Appeals Judges. They moved away from merit selection to allowing the Governor to appoint whomever he wants, subject to Senate confirmation. Second, the merit selection system for the Supreme Court is now in control of the Governor. He has made four citizen appointments to the nine member Merit Selection Commission and, by neglect of the Kansas Bar allowed, in essence, the appointment of the fifth and final lawyer to chair and have control of the Commission.

The Carr brothers case out of Wichita, one of the most gruesome multiple murder cases in Kansas, is being used to drive emotions and create opposition to retention. This happened in 2000, and there has never been any doubt the brothers were guilty. They were sentenced to death. As is usual, the long delay in carrying out the death penalty has made a very painful path to closure for the family and friends of the victims. The dispute between our Supreme Court and the U.S. Supreme Court was over a technicality, but there has never been any doubt that the Carr brothers will die on death row.

The bottom line and key point is: why would we oppose retention when opposition is totally unjustified? The current Justices have a superb record. They are not opposed to the death penalty, as some charge. They have upheld the constitutionality of the Act on several occasions, including recently with the Robinson case. But the major thing to know, understand, and spread is that if special interest groups are successful in throwing out these judges, it will politicize the courts and assure that merit selection will be replaced by money and political influence. We will leave behind our historical fairness where individual citizens' rights are protected, free from the influence of money and political pressure. VOTE YES ON RETENTION.

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The "Home Stretch" Before November 8th

10/3/2016

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In the coming days, our efforts or lack thereof will determine the future of Kansas for decades to come. After years of frustrating, unfair, and short-sighted policies from Topeka, the people of Kansas have only a few days left to make their point and have their voices heard on the direction of the state. There are key decisions to be made in both the legislative and judicial branches of government on this year’s ballot, and voters statewide will need to know their alternatives and realize just what’s at stake in each race. In many cases, it comes down to voters deciding whether to approve or reject the current actions and direction of each branch. With the help of the executive branch—the administration of Governor Brownback—the Kansas Legislature has been the source of extreme and experimental policies that puzzle the common sense voter, defy our long history of balanced policy and consensus-building leadership, and make a laughing stock out of the state that many of us know and love. Meanwhile, the Kansas Judicial Branch has been working to uphold the Kansas Constitution and, despite the best efforts of the other two branches, maintain their standing as an independent third branch of government, separate from partisan politics. From looking at the direction of each, I believe it’s easy to see why we need to bring change to the legislative branch and keep the judicial branch exactly the way it is.

Here is where you come into play. It starts with sorting out the good from the bad and deciding who to support. There are many ways to make your choice, but first do your own investigation. You can look into the candidates through local news media or events in your area where you can hear from the candidates directly. You can also check out a number of organizations partnering with the Save Kansas Coalition who have published questionnaires or made endorsements (such as Game on For Kansas Schools and Women For Kansas), and you will likely find them agreeing on which candidates would work towards solving problems in a cooperative, bipartisan way. Or you could look for the candidate who favors the status quo and the current direction, by investigating who the State Chamber endorses, and then I’d advise you to give strong consideration to their opponent. This special interest group backed all the legislators who partnered with the Governor to damage our schools, our infrastructure, our rural hospitals, our judicial system, and unfortunately, the list could go on. Now they're working to lead a barrage of false and misleading attacks on quality candidates and the qualified Judges and Justices of the Kansas Judicial Branch.

After determining who to support, what can each and every one of us do to help quality candidates win on November 8th? Whether through valuable volunteer hours, financial support, or other voter outreach and education, there are a number of ways to get involved, and there is a role for everyone in this process. First, candidates always need good volunteers in order to have an army of support in the closing weeks that will help offset the overwhelming money advantage the opposition has. Just a few hours spent contacting voters, knocking on doors, or attending events can help reach people and get everyone out to vote. Go out and enjoy the camaraderie of being with others and supporting a cause you care about; it’s a great example of civic engagement wherein each and every citizen can make a real difference. If you’re able to provide it, monetary support is also something that candidates will need to help offset the millions coming from special interests, much of it from out of state. In this internet age, it is easy to find where to donate online, send a check, or attend an upcoming fundraiser. And, as proven recently by the Bernie Sanders campaign, even small contributions can make a big impact. Finally, as you make your decision on who to support, it is important to help others along in this process. For those who have followed the recent events at the statehouse, the decisions are often very clear, but people are busy and there are many eligible voters out there who may be looking into these issues for the first time. This makes any efforts to reach family, friends, coworkers, and neighbors with information on these important decisions absolutely critical. Remember: many of these races will come down to each and every vote.

Important Dates to Know:
October 18th - The final day to register to Vote in Kansas. Check your registration status here, and make sure everyone you know is registered by this day!
October 19th - Most Advanced Ballots are mailed if you've already submitted an application to your County Clerk. Early voting in-person will also begin in many Kansas counties, check with your local County Clerk for details about early voting in your county!
November 4th - The final day to register for an Advanced Ballot by Mail. The application form is due to the County Clerk in the county you'll be voting in (see the second page of the form for their contact information).
November 7th - Advanced voting in-person ends on this day. Check with your County Clerk to find information about in-person opportunities to vote early before this day!
November 8th - Election Day! Most polls are open from 7am to 7pm at your local precinct location, find your polling place here. All Advanced Ballots by Mail are also due by the close of polls on Election Day.

We have reached the “home stretch” of this election year, and your engagement can make all the difference. The future of Kansas depends on it.

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Judicial Retention is Vital for Kansas

9/8/2016

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Hopefully, former Kansas Governors traveling the state in the last two days on this issue has caught your attention. Four of the five living former Governors, two Republicans and two Democrats (Governor Parkinson had a conflict but is supportive), have come together to speak out on the huge importance of retaining the five Supreme Court Justices up for a vote come November 8th. I trust you understand that we wouldn’t be doing this if it was anything close to a “toss-up” issue. It is critical that Kansas voters cast their ballots to maintain the integrity of our Judicial branch and defend it from partisan politics.

The question on the ballot will be whether you, as a voter, want to individually retain each of the five Justices up for retention. Retention is part of the time-tested judicial selection process that is currently under attack in Kansas. Having an option, in extraordinary cases, where removal is possible obviously makes sense. We do have mandatory retirement, so judicial appointments are not for life. What is different in this particular election is the organized effort to remove all but one, in appearance, based almost exclusively on one case handled by the court. But here is the real issue. What the opponents of retention really want, and why so much money will be thrown at this from special interests, is for Governor Brownback to have the opportunity to appoint five of the seven members of the Supreme Court, packing the court with far-right conservative judges. What does that mean for us? It means we will have an extreme approach, totally foreign to what we have experienced in Kansas for decades. There will no longer be push-back when a Legislature and a Governor refuse to properly fund public education. There are good reasons that our Kansas “Founding Fathers” put public education as a priority into our Kansas Constitution, but a far-right court has the power to neuter that charge.

Here is the broader case for retention. The judicial system we have in Kansas has worked in a very satisfactory way for decades, through Republican and Democratic administrations alike. Why is this the case? First of all, we have an excellent system of screening and providing Governor’s with a quality list of three candidates from which to select. This is true for not just the Supreme Court, but also for the Court of Appeals and appointed District Judges. Screening commissions are made up of appointments from the Kansas Bar Association as well as appointments from the Governor. For me and my former Governor colleagues, it was important to not just appoint high quality men and women to screening commissions but to also, without interference, let them do their job. Merit has dominated the selection process and it is why our system has had such a good reputation. That is, until the Brownback Administration, when the strategy became obvious to stack the court with right wing idealogues holding complete loyalty to the Governor and his agenda.

From a political point of view, if retention fights become the norm, it puts Judges in an untenable situation. How do they defend themselves? Do we want Judges to have to raise money to literally campaign for retention? If we start throwing out Justices over say one controversial case, how can this approach do anything but lower the quality of justice for all? Not only will highly qualified future candidates think longer about leaving a successful law practice, but worse yet, Justices, being human, may start calculating in the issue of retention as they decide cases. All of this runs counter to the purpose of an equal and independent branch of government to “check and balance” the other branches.

Contrast our current and successful judicial selection system with states where, historically, politics dominate and money has a huge influence on who makes it to the bench. You have not only a different system, but one that does not serve the real interest of the public and the state. Consider here in Kansas, Governors have seldom if ever issued a pardon to any convicted felon. At the same time, in states like Arkansas, the pardons are in the thousands. There, the Governor is literally the court of last resort in a state where money and politics have basically corrupted the system. This is not the future we want for Kansas, and I was glad to join four former Governors this week to share a message on how we, the people, can fight back. Vote for retention, and if this message resonates, please pass it along.

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Legal Dead-Ends and Damage to Democracy

Debate Brings Full Threat to Democracy Into the Open

Book Review - The Rise and Spectacular Fall: Radical Kansas Republicans, 2010 to 2020

Will Republicans Ever Stand Up to Trump?

Democrats Lucky to Have Speaker Pelosi

Republicans Perfectly Comfortable with Trump's Wrongdoing

Best and Worst from the 2010s

The Surge in Youth Voting Must Continue

Constitution Day: A Wake-Up Call

The Death Penalty in Kansas

Governor Kelly Will Take on a Long List of Challenges for Kansas

Don’t Brag about Denying Pardon Requests, Thank the KS Judiciary

Final Stretch of the 2018 Legislative Session

The 2018 Legislative Session and School Finance

The True Cost of Neglecting our Civil Service System

Reflecting on Governor Brownback's Six Plus Years

Reflecting on November 8th

Vote 'Yes' on Judicial Retention

The "Home Stretch" Before November 8th

Judicial Retention is Vital for Kansas

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