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


February 16, 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 2357 by House Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2357 is
respectfully submitted to your committee.
HB 2357 would require the Senate to vote on the qualifications of Supreme Court justices
appointed by the Governor. The bill specifies when the Governor makes an appointment of a
Supreme Court justice, the Governor would be required to notify the Senate. The Senate would
vote on the qualifications of the appointee no later than the end of the regular session of the
Legislature. If the Senate is not in session, the Senate would be required to vote on the appointee’s
qualifications no later than the end of the next regular session of the Legislature. The appointee
would serve as a justice pending Senate consideration. In the event a two-thirds majority of all
members of the Senate does not vote to consent to the appointee, the appointee would be deemed
not qualified. If the Senate fails to vote on the appointee within the time limits prescribed in the
bill, the appointee would be deemed not qualified.
A justice who is serving on July 1, 2023, would be deemed to be qualified by the Senate
until the end of the justice’s current term. The justice would not be qualified to serve a subsequent
term unless qualified by the Senate. A justice serving on July 1, 2023, and who is retained for a
subsequent term pursuant to Section 5 of Article 3 of the Kansas Constitution would be deemed
qualified by the Senate until the Senate votes on the justice’s qualifications in the next regular
session of the Legislature following retention.
An individual appointed by the Chief Justice to serve on the court in a pro tempore capacity
would be deemed to be qualified by the Senate, but the person would only be allowed to serve in
that capacity for six months. A person who has served five full terms as a judge on the Court of
The Honorable Fred Patton, Chairperson
Page 2—HB 2357

Appeals, a justice of the Supreme Court, or any combination of the two courts would not be
qualified to hold the Office of Justice of the Supreme Court.
The Office of Judicial Administration states enactment of HB 2357 would have a fiscal
effect on the operations of the Judicial Branch. The Office estimates the bill’s provisions would
result in increased vacancies on the Supreme Court and the vacancies could last for longer periods
of time, which would result in additional expenditures for retired and senior judges to fill in on
Supreme Court cases. The Office indicates until the Judicial Branch has had an opportunity to
operate under the bill’s provisions a fiscal effect cannot be estimated.
The Office of the Attorney General states if the bill is enacted, it would likely be challenged
on constitutional grounds in state court. The litigation could be ongoing and likely reach the
appellate level. The agency estimates that any litigation that would be derived from enactment of
the bill could be handled within existing resources. Any fiscal effect associated with HB 2357 is
not reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Vicki Jacobsen, Judiciary


Statutes affected:
As introduced: 20-105