Vote Aug 4, 2026
Keeping Kansas Courts Fair and Free
Protecting Justice in Kansas
This timeline traces the history of Kansas’s Supreme Court and the merit-based system that has protected it from political interference for over six decades. The Montoy v. Kansas case in the 1990s marked a turning point, igniting long-standing tensions between the judicial and legislative branches over school funding and the separation of powers. In 2026, the future of the Court is at stake as Kansans prepare to vote on a proposal that could change the nonpartisan selection system.
What are the potential consequences?
In the News
Our work has been recognized and featured in various news outlets, highlighting the impact of our efforts statewide. Read the latest updates below.
This timeline traces the history of Kansas’s Supreme Court and the merit-based system that has protected it from political interference for over six decades. The Montoy v. Kansas case in the 1990s marked a turning point, igniting long-standing tensions between the judicial and legislative branches over school funding and the separation of powers. Now, in 2026, the future of the Court is at stake as Kansans prepare to vote on a proposal that could change the nonpartisan selection system.
A BRIEF HISTORY OF KANSAS COURTS
1956
The "Triple Play" Scandal
In an era where Kansas elected judges, outgoing officials orchestrated a political appointment to the Supreme Court. The move shocked the public and undermined trust in the judiciary.
1957
Public Outrage & Reform
In response to public outcry over the scandal, the Legislature passed a constitutional amendment requiring that justices be chosen according to a merit-based selection system.
1958
Merit-Based Selection Adopted
Kansas voters overwhelmingly approved the new system with 70% of the vote. Justices would now be chosen through a nonpartisan, merit-based process.
1992
Montoy v. Kansas Filed
Plaintiffs argued the state failed to adequately fund schools. The case challenged the Legislature’s responsibility under the state constitution.
2005
Court Orders School Funding Increase
Lawmakers debated defying the Supreme Court ruling, believing that the court’s instruction on school funding was overstepping into the territory of the legislative branch, creating a conflict over the appropriate separation of powers between the two branches.
2010
Gannon v. Kansas Filed
The Legislature made recession-era state spending cuts. Following these cuts, a new lawsuit emerged and Plaintiffs sought enforcement of constitutional obligations to public schools.
2013
Appeals Court Selection Changed
Gov. Brownback convinced the legislature to replace merit-based elections for the Court of Appeals. He has since called for a constitutional amendment to do the same to the Kansas Supreme Court.
2016
Court Reaffirms School Funding Mandate
In the Gannon case, the Kansas Supreme Court again ordered the legislature to spend more on public education.
2025
SCR 1611 Introduced
Lawmakers advanced a resolution to replace merit-based selection with election of Supreme Court judges.
2026
Resources and Toolkits
The constitutional amendment will be put on the ballot in August 2026 for a vote of the people. If passed with a simple majority, elections for the Kansas Supreme Court would begin in 2028, and Kansas would join 22 other states that use direct elections for their state supreme courts.