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Gov. Brownback can withhold judicial appointment, Kansas Supreme Court rules

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The Kansas Supreme Court ruled Friday that Gov. Sam Brownback wasn’t required to fill a judicial vacancy within 90 days, dismissing a complaint filed by three southwest Kansas judges.

“We hold that a 90-day time limit set out in the statute is directory rather than mandatory under our precedent,” wrote Justice Carol Beier in the unanimous opinion. “This means that the timing of the governor’s appointment is discretionary rather than ministerial.”


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