Today Governor Laura Kelly signed Executive Order 20-47, which clarifies that in the event an appointee to the Court of Appeals does not receive Senate consent the Court of Appeals Nominating Commission will forward an additional nominee for the Governor’s consideration. That nominee will be selected from the applicants for the same vacancy and will be considered along with the two remaining nominees already submitted for that vacancy.
“As Governor, I have committed to using a fair, open process for selecting judges based on merit,” Kelly said. “While I was disappointed that members of the Senate rejected a qualified appointee, I was encouraged by near universal response from Kansas’ law community condemning their actions and rallying in support of Carl Folsom. I take Court of Appeals appointments seriously, and I will continue to do everything I can to make sure we have the best and brightest serving Kansans on the bench.”
Executive Order 20-01 initially established the Court of Appeals Nominating Commission on January 28, 2020. Executive Order 20-47 merely adds a new requirement that the Commission forward an additional nominee to the Governor if an appointment fails. This will ensure that the Governor always has three qualified nominees to consider.
The Court of Appeals Nominating Commission also announced that it has named Marcia A. Wood, of Wichita, Kan., as an additional nominee for the vacancy created by the retirement of Judge G. Joseph Pierron, Jr. Wood is an attorney at Martin, Pringle, Oliver, Wallace and Bauer, L.L.P., and focuses on civil litigation.
Governor Kelly will announce her appointee to the Pierron vacancy on or before August 2, 2020. She will announce her appointment to a separate Court of Appeals vacancy, created by the upcoming retirement of Judge Steve Leben, on or before August 26, 2020. Both appointments will be considered by the Senate when the Legislature reconvenes in January 2021.