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AG Derek Schmidt statement on Kansas Supreme Court decision in Court of Appeals appointment case

Release Date: May 10, 2019

TOPEKA – (May 10, 2019) – Kansas Attorney General Derek Schmidt issued the following statement on today’s Kansas Supreme Court decision in State ex rel Derek Schmidt, Attorney General, v. Laura Kelly, Governor, et. al.:

“I am grateful to the Kansas Supreme Court for expediting its consideration and decision on this controversy between the Governor and the Senate. By granting quo warranto relief as we requested, the Court has provided a roadmap for the Governor and Senate to follow in filling the vacancy on the Court of Appeals. This roadmap, if followed, will avoid the risk that has concerned me throughout this dispute: That the new appellate judge could assume office under a cloud that would call into question the legitimacy of his or her decisions.

“The Court made clear that the Senate must timely vote on the appointment of Judge Jack or he will be deemed confirmed to the Court of Appeals. Going forward, I encourage all involved to carefully adhere to the process in the appointments statute so future disputes of this sort can be avoided.”

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