Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor


January 13, 2023


The Honorable Fred Patton, Chairperson
House Committee on Judiciary
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Patton:
SUBJECT: Fiscal Note for HB 2001 by Representative Fairchild
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2001 is
respectfully submitted to your committee.
HB 2001 would specify grounds in an impeachment proceeding against a justice of the
Supreme Court or in a proceeding for discipline, suspension, or removal for cause against an
appointed judge of the district court. The grounds would include, but not be limited to, any one or
more of the following:
1. Commission of treason;
2. Commission of bribery;
3. Commission of other indictable criminal offenses;
4. Commission of a breach of the public trust;
5. Commission of a breach of judicial ethics;
6. Failure to perform adequately the duties of the office;
7. Attempting to subvert fundamental laws and introduce arbitrary power;
8. Attempting to usurp the power of the Legislative Branch or Executive Branch of
government;
The Honorable Fred Patton, Chairperson
Page 2—HB 2001

9. Exhibiting discourteous conduct towards litigants, jurors, witnesses, lawyers, or others
with whom the justice or judge deals in an official capacity;
10. Exhibiting wanton or reckless judicial conduct;
11. Exhibiting personal misbehavior or misconduct;
12. Failure to properly supervise, administer, or discipline judicial personnel; or
13. Other such action as specified in the bill.
The Office of Judicial Administration indicates enactment of HB 2001 would expand the
grounds for which a justice of the Supreme Court could be impeached and for which a district
judge could be disciplined, suspended, or removed from their position. During impeachment
proceedings against a justice or a disciplinary proceeding against a district judge, the Judicial
Branch would need to provide other judges to handle the work of the justice or judge while the
impeachment action or disciplinary hearing proceeds. If the action or disciplinary hearing is
successful, the Office states the Judicial Branch could have to pay a senior judge to sit with the
Supreme Court while a new justice is appointed or pay retired judges to assist with district court
caseloads until the judge position is filled. According to the Office, a fiscal effect cannot be
estimated until the Judicial Branch has had an opportunity to operate under the bill’s provisions.
Any fiscal effect associated with HB 2001 is not reflected in The FY 2024 Governor’s Budget
Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary