Three judges in Southwest Kansas have filed a Writ of Mandamus with the Kansas Supreme Court with the Respondent being Gov. Sam Brownback. Bradley Ambrosier, Chief Judge, Kansas 26th Judicial District, Linda P. Gilmore, District Judge, and Clinton B. Peterson, filed this petition with the Supreme Court to get Gov. Brownback to appoint a District Magistrate Judge to fill the vacancy in Haskell County. The position has been vacant since February 19, 2016 with the Governor acknowledging receipt of official notice of the vacancy on February 5, 2016. The vacancy was created when District Magistrate Judge Tommy Webb retired on February 19, 2016.
Judge Webb gave notice to Chief Judge Ambrosier, the Supreme Court, and the office of Judicial Administration on February 1st of 2016. The Governor was notified of the upcoming vacancy in Haskell County by letter on February 5, 2016. Chief Counsel Brant M. Laue acknowledged the vacancy and the Governors Statutory obligation to appoint a replacement within 90 days. Judge Ambrosier as Chief Judge, made arrangements for continued case coverage in Haskell County through the appointment deadline. These arrangemnet have had to be extended as no Interim Magistrate Judge has been appointed by Gov. Brownback, and no appointment is expected any time soon.
The three Judges, Ambrosier, Gilmore, and Peterson , have covered the Duties of the Haskell County Judge incurring over 3400 miles in travel to ensure the citizens of the Haskell County jurisdiction had adequate coverage. Four persons have filed to run in the August 2nd Primary election for the position with at least 2 of them seeking temporary appointment to the position until the elections are held. They applicants were told no appointment would be made prior to the Primary and may not be made thereafter.
The Petitioners are hoping the Supreme Court will direct the Governor to immediately appoint an interim District Magistrate Judge for Haskell County, and award reasonable attorney fees for the filing and prosecution of this action.
