The "Manhattan Optimist Club Bulletin" Vol. 2026 #40 7-8-26
VOLUME 2026 JULY 8 NUMBER 40
President Kelly Karl welcomed everyone, Greg Wurst gave the reflection, followed by the flag salute.
The following presentation is the information and opinion of the speakers and not an offical or unoffical position of the Manhattan Optimist Club.
Tom Hawk introduced Doug Sebelius, who presented the “History of the Kansas Supreme Court” and the Kansas constitutional amendment on the August 4, 2026 primary election ballot. Doug Sebelius has been a resident of Manhattan for seven years and is a long time Kansas attorney who has served in the Kansas Legislature. He covered the following topics.
- British colonial court system: appointment of judges by the Crown
- Colonial governors prohibited a colony's assembly from protecting against the dismissal of a judge.
America breaks away:
“He (the King) has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. He has make Judges dependent on his Will alone....”
Evolution of the American System:
- At outset, Governors and Legislatures made the selection
- 19th century reforms: Choice of judge made at ballot box
- Early 20th century: Pivot to merit-based selection systems; Non partisan bodies screen applicant qualifications
- 1980's: Rebirth of politicization of the selection process
Selection of Supreme Court Justices Varies by State
- Thirteen states elect justices through non partisan elections
- Eight states hold partisan elections
- Twenty-two states use an “assisted appointment method”
- A nominating commission reviews qualifications of a candidate; list referred to the governor, who makes the selection.
- The commission can be governor controlled, bar controlled or a hybrid (differing rules as to who controls)
- Five states have direct appointment by the governor
- Two states elect justices by their legislature
The “Missouri Plan” 1940's
- Two-Stage appointment process
- An appointed commission screens candidates and forwards a list to the governor
- The governor selects a person from the list and makes the appointment to seat on the court
- Considered to be the gold standard for selection
- Commission is nonpartisan and has members who are both lawyers and non-lawyers
- Qualifications of applicants are evaluated
- Appointed judges face periodic single candidate retention election
The Kansas Experience
- Article III of the Kansas Constitution provides for a Supreme Court consisting of seven justices appointed for terms of six years on the Court
- Pre-1957: Kansas elected justices
- In the instance of a vacancy on the Court between elections, the governor made a direct appointment to fill the vacancy
- In 1956, events occurred that precipitated a need for change to take the appellate court out of rank politics.
The “Triple Play”
- Governor Fred Hall is up for re-election in 1956 and loses in the Republican primary.
- Hall is lame duck and resigns before George Docking takes office
- On December 31, 1956, Supreme Court Justice William Smith resigns; vacancy on the Court is created.
- Hall's Lt. Governor, John McCuish is governor for 11 days and appoints Fred Hall to the Supreme Court.
Kansas Supreme Court Nominating Commission
- Created by amendment to the Kansas Constitution through ballot question in the election in 1958.
- Uses version of two step process of the Missouri Plan
- Independent Commission of nine members:
- Four members-nonlawyers residents from each congressional district appointed by Governor
- Four members-lawyer residents from each Congressional district chosen by the bar of respective districts
- One member-licensed Kansas lawyer chosen by bar statewide (chair)
- Cannot hold position in political party
Nominating Commission Function
- Reviews eligibility and qualifications of applicants
- Eligibility: 1) 30 years of age and 2) lawyer admitted in Kansas, practicing 10 years, or as judge or full time professor at accredited law school
- Selection criteria: education, character, temperament, impartiality, legal and judicial experience, ethics, public service, and regard of peers.
- Submits list of three candidates to Governor
Should Kansas change its method of selection?
- Senate Concurrent Resolution 1611 amends Article III of the Kansas Constitution
- Does away with the nominating commission entirely
- Provides for direct election of justices starting in November, 2028
- Allows for political activity; campaigning and unlimited election spending
- Special ballot question election coincides with August 4, 2026 primary election.
Why the movement to depart from merit-based system?
- Elitist relic?
- Let the people choose
- Control of perceived judicial activism
- Greater transparency?
- “Politics veiled by a commission”
- True catalysts:
- Hodes and Nauser v. Schmidt (2019)
- 2022 failed referendum to amend the Kansas Constitution to eliminate a woman's constitutional right to reproductive freedom.
- Kansas Supreme Court has regularly enforced the constitution requirement that the Legislature adequately fund public education.
“A Judge who counts votes before the trial should burn his robe and run for the county line.” Judge Atlee in the book The Summons by John Grisham.
Probable outcomes of direct election of justices:
- Politics – struggle for power and influence, a process that has no place in the courts.
- Popularity vs. selection by vetted qualifications
- Elections will be heavily influenced through large special interest spending
- The whims of popular opinion often conflicts with the protection of rights
- The public loses its confidence in the courts as independent
Tom said the main question of the amendment is shall we retain the merit system we have had for 68 years or change to electing justices. He noted some of the ads currently running on media as examples of what to expect. While direct election is important to our democracy, our founders had some wise advice that the majority was not always right and for some things, for example the Bill of Rights, are meant for everyone, no matter who is in charge of the government.
A year after the justices are appointed, they come up for a retention election and every six years afterward, thus we do have a voice in electing our judges. The current vetting process ensures we have a qualified judge to vote on. A recent Wisconsin judicial election was funded by $100,000,000, $20,000,000 from Elon Musk.
The idea for the change came from the Kansas Legislature who had a super majority, thus the Governor did not have a chance to veto the measure. Ty Masterson indicated he wanted the measure to cut funding to public schools. The primary in August is a lower turnout election than the November election and Tom does not feel a constitutional amendment should be voted on at a primary election because independent voters don't have a vote on candidates during the primary, but they do for the constitutional amendment. Kris Kobach said they did not get the constitutional amendment on women's rights and health care passed when they put it on the November ballot in 2022, so they will put this amendment on the August primary and overturn the women's rights in the courts. There are many other issues the court will decide besides that one. Funding of the justices campaigns may be influenced by their donors, for instance on data centers who's corporate owners have deep pockets. The issues of the future are different than the ones of the past.
We want our courts to be impartial and we don't want special interest groups to fund our judges campaigns and influence their decisions. Judges should not have to take policy positions during their campaign in order to receive the donations to fund their campaign; policy positions are the governor and legislators. The courts are for enforcing the constitution and the law. Flint Hills Coalition for Fair Courts, a bipartisan group, who support the current process of selection
Bill Pannbacker, a former Republican member of the Kansas House of Representatives, said four non-lawyers and four lawyers from each congressional district, one lawyer to chair the group, open application for all lawyers, the group interviews all candidates, open process, three recommendations to the governor, who picks one, all the voters get the chance to retain or reject that person. Or option two. Put all the lawyer candidates on the ballot, money pours in from everywhere, including out-of-state, lawyers campaign to their special interest, then the voters pick. The current system was designed and approved by all Kansans with a constitutional election because former system was corrupt; Governor Hall and the “Triple Play” played the system. That is not who we are as Kansans. It isn't about abortion, or school funding or any specific issue, it is really about whether you want the highest court controlled by people with the most money to buy the outcomes they want.
When you walk into the court you want to believe you have a fair chance based on the merit of the case and not rule against you and always rule for the wealthy people and special interest who got them elected.
Heater Peterson announced Just Try It is August 1st at City Park. A couple of volunteers are needed for each of two shifts: 7:00-9:00 am and 9:00 to 11:00 am. Contact Heather if you can help.
Sharon Fincham announced an Optimist social event for July 15th 5:00 to 7:00 pm for bowling at the KSU Union. Contact Sharon if you are interested in attending.
President Karl announced a trap shoot is scheduled for August 20th at the Tuttle Creek Shooting Park, 6364 Tuttle Creek Blvd., Manhattan, KS 66503. Bring your own gun; if you do not have one, a loaner is available. Ammunition can be purchased at the shooting range, as it is specialized.
President Karl gave a shout out to Jean Klassen and Judy Nickelson for spearheading the new T-Ball concession fundraiser. Judy indicated they raised $515 for the Club. Thanks to Jean and Judy!
Judy also thank recognized and thanked all the T-Ball workers. See lists below Birthdays
Clyde Scott conducted the raffle drawing for the $100 gift certificate to the Wine Dive. The winning number was drawn by guest Alec Garman. Greg Wurst held the winning ticket. Congratulations to Greg!
Clyde also share a copy of the advertisement the Optimist placed in the Manhattan Mercury's Reader's Choice Awards insert.
GUESTS: Mary Phelps, Tom Hawk's guest, Doug Sebelius, Gerit Garman's children, Alec, Ella, and Lilly.
Meeting adjourned with the Optimist Creed.
SAVE THE DATE: October 24th is our 24th annual Chili Crawl.
JULY 15 – MORNING MEETING: Program: Daniel Skucius, Riley County Extension Office: "Community Vitality Services"
JULY 22 – NOON MEETING: Program: Anne Smith, ATA Bus Services: Topic: “Update on Manhattan Public Transportation”
JULY 29 – MORNING MEETING: Program: Joshua Gering, Riley County EMS Services: Topic: “Update on Riley County EMS”
2026 T-Ball Volunteers Summary
- Steve Boeckman
- Mike Fincham
- Gary Lloyd
- Bill Wisdom
- Greg Wurst
- Steve Boeckman
- Mike Fincham
- 'Larry Fox
- Jim Franke
- Tom Hintz
- Kelly Karl (3 times)
- Fred Olsen
- Dan O'Neill
- Bill Wisdom
- Greg Wurst
- Bruce Bidwell
- Steve Boeckman
- Jim Franke
- Dan O'Neill
- Bruce Bidwell
- Steve Boeckman
- Jim Franke
- Judy Nickelson
- Doug Jardine
- Karen Hawes
- Kelly Karl
- Jean Klassen
- Greg McCune
- Judy Nickelson
- Jolene Roberts
- Bob Seymour
- Bill Wisdom
- 20 games played on Jim Franke Field
- Started 06/08 and ended 07/02 (4 weeks)
- Game times were 6:00 PM & 7:10 PM
- 2 games on Monday and Tuesday and 1 game on Thursday.
- Made up on Wednesday 07/01