TOPEKA—The Kansas Justice Commission, a 46-member citizen panel appointed by each of the three branches of government, today released a preliminary draft of its report and recommendations for improving the state court system.
In June 1997, the commission, which is co-chaired by former Gov. Robert F. Bennett and Wichita businesswoman Jill Docking, was appointed to undertake a "stem to stern" study of the courts. Appointments to the commission were made in equal numbers by the legislature's two judiciary committees, governor, and chief justice.
Bennett and Docking said in unveiling the preliminary report for public comment that they are pleased with the result of the two-year study. "We looked at virtually every aspect of the justice system, conducted listening post hearings across the state, commissioned scientific attitude surveys of citizens, lawyers, and judges, and spent hundreds of hours pouring over the results to arrive at this product," Bennett said. "The good news is that with limited financial resources, the judicial branch of government is doing an outstanding job of attempting to provide effective and efficient judicial services to Kansas citizens.
"We found nothing that is badly broken, but in many areas, some 23 in number, improvements are needed and could and should be made," the former governor said.
Docking said she "is impressed with the amount of hard work and dedication shown by the members of the Justice Commission over the past two years. These leaders of our communities met as a group for numerous day-long sessions and then worked in subcommittees between the full committee sessions to hammer out specific recommendations. All without compensation," she added.
Called the "Kansas Citizens Justice Initiative," the report is being made available for public comment until June 4th. The Justice Commission will meet in Wichita the following week to make any additional changes before it is formally presented to the governor, chairs of the judiciary committees of both houses of the legislature, and the chief justice.
The report addresses a wide range of issues surrounding the administration of justice in Kansas that were identified by commission members, as well as by many persons who spoke at public forums on the courts that were conducted throughout the state last summer and fall.
Among the Commission's 23 recommendations for court reform are:
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That Kansas adopt a statewide uniform method of non-partisan selection of district judges. Currently about half such judges are elected in partisan elections and half in retention elections. The commission's recommendation includes a provision requiring public evaluations of each judge on the ballot prior to each retention election.
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There is no demonstrated need to require one resident district judge in each county, but the legislature may, as it has in the past, choose to retain that requirement for political or other social reasons. The commission recommends that the choice of keeping that requirement should be made only if the legislature provides funding for additional judges and non-judicial personnel needed in the other areas of the state.
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That the Court of Appeals be increased in size from 10 to 14 judges. The Commission cited an increasingly heavy caseload and the lack of adequate judicial resources to deal with it in recommending the additional positions.
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That unified family courts should be evaluated, beginning with pilot programs in designated districts, to improve the quality of justice and increase public access and satisfaction with the court system.
Other issues addressed in the report range from the timeliness of trial court decisions and informal resolution of citizen and litigant complaints to increasing education requirements for new district magistrate judges. Numerous issues surrounding children and the courts were studied in addition to the way in which legal services are delivered in Kansas.