State ex rel. Schmidt v. KellyAnnotate this Case
In this expedited action in quo warranto brought by the State on relation of the Attorney General against Governor Laura Kelly, Chief Justice Lawton Nuss, and the Kansas Senate concerning statutory procedures and obligations to fill a vacancy on the Kansas Court of Appeals, the Supreme Court that the Governor's new appointment after the first appointee purported to withdraw was ineffective.
Shortly after the Governor announced the first appointment to fill the Court of Appeals vacancy, the appointee purported to withdraw. This lawsuit was filed. Thereafter, the Governor announced a new appointment to fill the same vacancy. The Supreme Court held (1) the Senate was not a proper or necessary party to this case; (2) the Governor's actions in making the appointment to fill the Court of Appeals vacancy effectively began the statutory sixty-day Senate confirmation process as to the first appointee, and Kan. Stat. Ann. 20-3020(a)(4) makes no provision for a withdrawal once an appointment is made; (3) Kan. Stat. Ann. 75-4315b(c), which authorizes that an appointing authority may withdraw an appointment from consideration by the senate at any time before confirmation, is inapplicable to Court of Appeals vacancies; and (4) the Governor's new appointment is ineffective because there may be only one appointee at a time.