Court order prevents a judicial shutdown in Kansas for now

The worry statewide that courts in Kansas could suddenly close their doors for lack of funding is over — at least until mid-March.

A district court judge Tuesday ordered that a law with a funding cutoff provision could not be enforced until March 15, at which time the Kansas Legislature will be in session.

Kansas Attorney General Derek Schmidt asked for the order to prevent a shutdown this fall, when lawmakers wouldn’t be available to deal with the fallout.

“This delay should eliminate talk of any ‘constitutional crisis,’ except perhaps among outside groups itching for a fight, and will give every Kansan involved an opportunity to thoughtfully reassess the situation,” Schmidt said in a statement.

The legislature earlier this year passed a law that would stop funding for the state judiciary system if a court invalidated a change in the way chief district court judges are selected. A state district court judge ruled the change as unconstitutional, but he put his ruling on hold.

The struggle between the legislature and the courts began in 2014 when legislators altered the selection process for chief district court judges, transferring the authority from the Kansas Supreme Court to judges in each of the state’s 31 judicial districts.

If the clause were triggered this fall, funding for the state court system would end and the legislature would not be in session to respond. Such a shutdown would violate a state constitutional provision that prohibits the reduction of judges’ salaries and would “impermissibly interfere” with the functioning of the justice system, Schmidt said.

The attorney general said his understanding from discussions with key legislators was that if the statute were invalidated, the legislature would revisit the issue of judicial funding.

“This delay ensures the legislature will have that opportunity next spring and will let the courts continue to function as usual until then,” he said. “I am hopeful this will calm the situation.”

This story was originally published September 22, 2015 at 6:44 PM with the headline "Court order prevents a judicial shutdown in Kansas for now."