Gov. Laura Kelly has nominated a new judge for the Kansas Court of Appeals despite a lawsuit over whether she has the power to fill the vacancy after her first nominee withdrew.
The Democratic governor announced Tuesday that she was submitting Lenexa attorney Sarah Warner's name to the Republican-controlled Kansas Senate for confirmation.
Kelly was forced in March to withdraw Labette County District Judge Jeffry Jack as her first nominee because of political posts on his Twitter feed in 2017.
Senate President Susan Wagle contends that Kelly missed the deadline to make a proper nomination and the choice now falls to Kansas Supreme Court Chief Justice Lawton Nuss.
Attorney General Derek Schmidt petitioned the Supreme Court last week to settle the issue. The court plans to hear arguments May 9.