Kansas Senate approves bill establishing new grounds for impeaching state Supreme Court justices

By a tiny margin, the Kansas Senate on Tuesday approved a bill that would define new grounds for impeaching state Supreme Court justices, including for attempts “to usurp the power” of the Legislature.

The 21-19 vote sends the bill to the House.

The state constitution refers to “high crimes and misdemeanors” for impeachment. The bill defines that language to include “attempting to subvert fundamental laws and introduce arbitrary power” and “attempting to usurp the power of the legislative or executive branch of government.”

The measure includes a similar list of impeachable grounds for the governor, lieutenant governor, secretary of state and attorney general.

Last month, the Kansas Supreme Court ruled in a school financing case that the Legislature must fix a school equalization formula or public schools won’t open for the 2016-17 school year.

Critics of the impeachment bill said it is an overreaction to school finance rulings and other court decisions and is an attack on the court’s authority.

But Sen. Greg Smith, an Overland Park Republican, and other proponents said the state’s retention elections have not functioned as a check on justices, requiring the effort to define “high crimes and misdemeanors” for impeachment.

Smith rejected the idea that the bill’s purpose is “to go after judges.”

This story was originally published March 22, 2016 at 12:38 PM with the headline "Kansas Senate approves bill establishing new grounds for impeaching state Supreme Court justices."