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.

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.

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.

​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.

​The results of Tuesday’s Primary are in, and the message is clear: Kansas voters are ready to get our state back on course. The opposition from Republicans against their party’s extremist legislators indicates that they’re ready for a change of direction. In the most visible and critical contests, new candidates won almost every race, adding more common sense and moderation to the Kansas Legislature and giving the state a new vision for the future. From Western Kansas to Johnson County, there will be new faces in the legislature and new problem solvers to begin the hard work of undoing the damage done by Governor Brownback and his legislative allies.

We knew August 2nd would be a critical benchmark day, and there are several important things to take away from it as we go forward. Obviously, this was one huge step toward returning Kansas to times of balance and sound decisions—under the consensus-building leadership of both Republicans and Democrats. Now the focus turns toward the November 8th General Election, where this coalition has the opportunity to build on the gains made in the Primary. With that in mind, now is an important time to mention that our friends with the Kansas Chamber of Commerce (etc.) and their wealthy backers will have had their reality check and will likely return—with more money and more misleading attempts to convince you that their experiment is working and “the sun is still shining in Kansas.” Fortunately, we now have proof that Kansas voters know better, but this makes the effort to continue reaching out and educating our fellow citizens even more important. It will be incumbent upon all the backers of quality candidates and real solutions to our challenges to double down and make the most of every campaign day. We have witnessed some dark days throughout the past few years, but with the help of many committed Kansans, the light of a new day can shine brightly all across our state.

The key contests in November will depend much more on the success of Democratic candidates in uniting people from across the political spectrum around this vision for a better future. In these races, there is a real opportunity to bring together the rational conservative voters, who value fiscal responsibility and support wise investments in our future, with Democratic and Independent voters, to reject the failed policies of the past, look beyond party labels, and bring change on behalf of the people of Kansas—not just the monied interests that got us where we are today in the first place. The quality of the candidates is certainly there, and I've been very impressed with their passion and commitment. The rest is up to us, the voters, to stay engaged and get involved.

For me, Tuesday’s results are a reflection of citizen concern about all the harmful decisions that have been coming from Topeka and, most importantly, a realization that concerned folks needed to do more than just complain. I see it reflected as well in the armies of grassroots support that many sound, moderate candidates have been able to assemble. The unified concern for restoring our constitutional commitment to public education, sustainably addressing the fiscal crisis, maintaining our infrastructure, securing the role of an independent judiciary, and rising to meet our many other challenges has been truly inspirational. Now, we just need more Kansans to join this cause. And, once again, I urge readers who are ready for a change of course to share this message and/or actively seek opportunities to prepare your friends and neighbors to vote for a continuation of the momentum we established in the Primary. What we do between now and November will decide the future of our state.

Following the Legislature in Special Session last Friday certainly kept me busy with my Twitter account. For most of the day, it appeared it was going to take some time to solve the immediate challenge of funding schools in Kansas at an equitable level, as deemed by the Kansas Constitution. Then suddenly out of the blue, they not only got the votes needed but almost unanimous votes in both houses. They got done in two days what had to be done in the short term. It could have taken ten, and I would not have been surprised. Given the court's response today, it appears the immediate crisis has been momentarily satisfied. So does this mean sanity suddenly returned to the Legislature during the Special Session? Unfortunately, the short answer is "no," but nonetheless, there were some important things we can take away from the two days of turmoil we witnessed last week.

First, it’s important to remember that the Special Session was only convened to address the equity portion of the lawsuit, yet to come is a decision on whether the funding levels of Kansas schools are constitutionally adequate. This means that more important decisions loom next year, when a more sustainable fix will be required. So what did we learn from this Special Session about the incumbents who will be seeking the opportunity to make these crucial decisions for our state, and what kind of representation will be required in order to get it right?

To me, an obvious takeaway from the Special Session is that, for one of the very few times, the ideas and leadership of moderate Republicans and Democrats were taken seriously. The interesting question is: why? From what I have learned, the pro-education legislators had done their homework and were better prepared to propose something that would work. Helping this might have been the desire of the current leadership to avoid more bad publicity and get their folks home to raise money and campaign. In this case, confirming “why” is not as important as what we, as voters, should do as a result of this. It’s critical that we take this as further incentive to review carefully our choices in the coming elections, and that we see there is a better way forward—one that’s possible through the election of more consensus-building problem solvers to the legislature.
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It’s also important that the legislature avoided, in the end, doing anything really outlandish during the Special Session. The only non-essential issue raised was the leadership’s constitutional amendment introduced to take the Supreme Court, (for now) an equal branch of government, out of any power to impact adequate and appropriate funding of public schools. Fortunately, for the sake of Kansas and public education, it failed by one vote to receive the ⅔ vote necessary for passage, going down to defeat in the State Senate. Along with eight Democrats, six Republican Senators stood up to the pressure of the Senate leadership and voted for public education. Come August 2nd and November 8th, if you live in any of these fourteen Senate districts and you want quality public schools, good judgment, and courage, you have your candidate to support. If you live in one of the other twenty-six Senate districts (or a House district held by someone who supports the direction of the current administration), electing different representation, regardless of party affiliation, will be needed in order to defend Kansas schools from further attacks, unconstitutional actions, and short-sighted policies.

​Truly restoring sanity will require many steps over the course of several election cycles and legislative sessions. But it's imperative that we make significant strides along that path during this election year and sustain that momentum in the years to come.

“What the Hell is Wrong With Kansas” was the title of a joint presentation that Governor Mike Hayden and I made in Wichita on Saturday, at a forum sponsored by Women for Kansas. The effort highlighted some of the serious issues facing our state and, in the process, made the point that the concern wasn’t just coming from one political party. Kansans of all political stripes—​Republican, Democratic, and Independent—​have real policy differences with the Governor and those in the legislature who made his agenda a reality in our state. This is what prompted Governor Hayden—​a conservative—​and myself to speak out together on the desperate need to change directions in Kansas.

In our presentation, we discussed just how much has changed in the political environment in the years since we each left office—​from the decline in civility, to the increased impact of special interest money, and the viciousness and extremism of our politics. Of course there were very strong differences when each of us served in the legislature and the governor’s office. But the fight then was always over how best to serve Kansas, knowing that we had to wisely invest in education, take care of our infrastructure, and provide help to our citizens most in need. Throughout our history, our approach to solving problems has been straightforward: we listened to each other, clarified our differences, and reached compromises that wisely served the people of Kansas.

Fortunately, the proud past I just described isn’t ancient history—in fact, it’s far from it. This August and November, the people of Kansas have an opportunity to restore this common sense approach by electing more problem solvers to the legislature. And that spirit of collaboration and compromise for the common good is alive and well among the many courageous individuals—both citizens and public servants—who are working (or will join the effort) to turn things around. It’s critical that voters understand the importance of being informed on the challenges we face and that they know which candidates would serve their real interests. In order to accomplish this, volunteers and supporters will need to work purposefully every day to make sure that their personal networks—and their neighbors—are ready to vote for a change of course.

The first benchmark day will be August 2nd, where the Primary Election will decide a number of key seats in both the House and Senate. That will be the first opportunity to send a clear message—​around the state and to the nation—​that we’re getting back on track, that the failed tax experiment will be brought to an end, and that the long tradition of sane, forward-thinking policy is on its way back to Kansas.

Fortunately, for the moment, Kansas has received a stay on the elimination of our historically sound method for selecting Kansas Supreme Court Justices. This is thanks to the Democrats and Moderate Republicans in the House of Representatives. We have only time now to catch our breath before the war on sanity continues down the path to potential destruction of our beloved state of Kansas. I know some of you are probably wondering, why the strong language? The simple answer is: I’m not exaggerating.

Last week, the Kansas Supreme Court handed down their decision on school finance, declaring the block grant approach put in place by Governor Brownback and his allies in the Legislature unconstitutional. This led to all sides putting the gloves on and signalling no backing down, including a rumor that the Legislature just might call the court’s bluff and leave town without doing the work required of them by our constitution. Keep in mind that current legislative leaders and the Governor were already at odds with the members of the Supreme Court and are now being ordered to do school finance right or they will shut down the school system, this is like high noon at the OK Corral.

To put this in a bigger picture, all of the above is happening in an election year where the entire Legislature is up for election and five of the seven Supreme Court Justices are up for retention vote in November. For the first time in our history, our judicial system—​built on the concept of being one of three equal branches of the government—​is facing potential for devastating results with huge impacts on the funding of public education. Key will be the public’s understanding of the importance of these events and their ability to accurately assess whether their legislators served their interest. Put another way, will they vote for legislative candidates who support the Kansas Constitution and the proper funding of public education?

​There will be more to share on this and also the vacancy on the U.S. Supreme Court as the year goes on towards Election Day on November 8th. But, for now, it’s safe to say—​at both the state and national level—​the judiciary will play a bigger role in this year’s election season conversation than perhaps any point in our history.

Remember the old adage, “If it ain’t broke, don’t fix it?” This classic lesson needs to be raised in Topeka as the Kansas Legislature considers making major changes to our court system. From how Supreme Court Justices and Appeal Court Justices are selected to lowering the mandatory retirement age of such Justices, it appears to be an overwhelmingly partisan move to put in place politically attractive judges. In addition, it would lock in for decades an ideology that runs counter to our progressive history.

For the eight years I was Governor of Kansas (1979-1987), I appointed judges from a panel submitted to me as a result of by-laws and the constitution—our merit selection system. It was designed to support a quality, independent, third, and equal branch of government. The system, in my opinion, has worked well, and the results are generally accepted as fair and reasonable. I said early in my tenure that appointing judges would be one of my most important responsibilities. Knowing the choices were qualified made my task much easier.  

To add evidence to the point that the system has worked, I would share my experience with pardon requests from inmates incarcerated in our State Penal System. Thousands of requests would come to my Pardon Attorney, who would do the initial screening before bringing the case to me. The bottom line is: I issued not one pardon. To the best of my memory, there never was a single public push for any request.

I contrast that with former Governor Huckabee of Arkansas, who issued over eight thousand pardons in his eleven years of service. Given the limited outrage, individual ones aside, one has to assume that citizens of that state have accepted the role for the Governor to be the court of last resort. The Arkansas Judicial system is built on electing judges in a very political environment. This leaves judicial independence and focus on justice as asides rather than fundamental values. That is their system, and it is their right to have it. Our system is not broken, so why would we want to fix it?

Also in this Blog Series on Judicial Selection in Kansas: Money and Judges: Not a Good Mix and Let's Not Let History Repeat Itself