STATE EX REL. SCHMIDT v. KELLY

No. 121,061.

441 P.3d 67 (2019)

STATE EX REL. Derek SCHMIDT, Attorney General, Petitioner, v. Governor Laura KELLY, in Her Official Capacity, Chief Justice Lawton R. Nuss, in His Official Capacity, and Kansas Senate, Respondents.

Supreme Court of Kansas.

Opinion filed May 10, 2019.


Attorney(s) appearing for the Case

Derek Schmidt , attorney general, argued the cause, and Jeffrey A. Chanay , chief deputy attorney general, Toby Crouse , solicitor general, Dwight R. Carswell , assistant solicitor general, Bryan C. Clark , assistant solicitor general, M.J. Willoughby , assistant attorney general, and Kurtis Wiard , assistant attorney general, were with him on the brief for petitioner.

Clay Britton , chief counsel, Office of the Governor, argued the cause, and was on the brief for respondent Governor Laura Kelly.

J. Steven Pigg , of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, appeared, and Samuel A. Green , of the same firm, was with him on the responses for respondent Chief Justice Lawton R. Nuss.

Jeffrey R. King , of Sage Law, LLP, of Overland Park, argued the cause and was on the brief for respondent the Kansas Senate.


This is an expedited original action in quo warranto brought by the State on relation of the Attorney General against Governor Laura Kelly, Chief Justice Lawton R. Nuss, and the Kansas Senate concerning statutory procedures and obligations to fill a vacancy on the Kansas Court of Appeals. Controversy...

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