[ Appointed: Governor tabs Shawnee County District Court... ]

Topeka Capital-Journal, The, Nov 21, 2002 by Jim McLean Capital-Journal

Appointed: Governor tabs Shawnee County District Court judge to replace retiring Justice Six

Marla J. Luckert

Age: 47

Education: Bachelor's degree in history, Washburn University; law degree, Washburn School of Law

Professional history: Former partner, Goodell, Stratton, Edmonds and Palmer, Topeka; Shawnee County District Court judge since 1992; chief judge of the 3rd Judicial District since 2000

Family: Married to Ken Morse; three daughters, Sarah, 17, Alisa, 14, and Arin, 8

By Jim McLean

The Capital-Journal

Shawnee County District Judge Marla J. Luckert on Wednesday became the second woman to be named to the Kansas Supreme Court.

Gov. Bill Graves announced Luckert's appointment during a Statehouse news conference attended by her husband and three daughters.

Luckert, 47, said she was humbled by the honor.

"I am also humbled by the responsibilities that lay before me," she said.

Luckert, who has been the chief judge of the 3rd Judicial District in Shawnee County since 2000, replaces retiring Justice Fred N. Six on the seven-member high court. She will be sworn in Jan. 13.

Earlier this year, Luckert was among three nominees submitted to Graves to replace retiring Justice Edward Larson. However, Graves named Lawton Nuss, 49, of his native Salina, to fill that vacancy.

Graves said he chose Luckert for the upcoming vacancy because of her reputation for fairness and innovation. Plus, he said, he thought it was past time to appoint another woman to the state's high court.

"I think our court needs to be a more accurate reflection of the citizens it serves," he said.

Until Wednesday, Chief Justice Kay McFarland, appointed in 1977, had been the only woman named to the Kansas Supreme Court.

Luckert, a native of Goodland, has a history of breaking the glass ceiling or quickly following those who did. She was the first woman appointed chief judge of a Kansas district court, the second to be elected president of the Kansas District Judges Association and the third to be selected as president of the Kansas Bar Association.

During Wednesday's news conference, Luckert grew emotional when talking about why the gender issue was important to her. She said she wanted to leave her daughters with a judiciary that reflected the gender and racial makeup of society.

"I feel strongly about that," she said in an interview after the news conference.

James Concannon, a Washburn law school professor who formerly served as dean, remembers Luckert as a "very bright student" during her days at the school in the late 1970s.

"She has been an outstanding judge," Concannon said. "I don't know that I've known anyone who is quite as organized as she is."

A district court judge since 1992, Luckert presided over the 2001 case of former Kansas Lottery employee Richard Lee Knowlton, who was convicted of altering lottery tickets to claim prize money. She also presided over a challenge of the state's 1992 school finance law, which reformed the way more than $2 billion in state aid was distributed to school districts. Her ruling upholding the law was affirmed by the Kansas Supreme Court.

Asked to describe her judicial philosophy, Luckert, a Democrat, said, "I think I'm very moderate and middle-of-the-road in almost everything."

Graves, a Republican, said Luckert's party affiliation didn't give him pause.

"There has been no litmus test for me," Graves said, noting that none of the nominees was a Republican. "I can tell you I don't get into philosophical discussions with the nominees."

In addition to Luckert, the nominees to replace Six were Riley County District Judge David L. Stutzman, who is unaffiliated, and Miami County District Judge Stephen D. Hill, a Democrat, Graves said.

Before he leaves office, Graves also must fill the vacancy that will be created by the Jan. 13 retirement of Justice Tyler Lockett. The governor said he expected the Supreme Court Nominating Commission to forward a list of three nominees by early next week.

Gov.-elect Kathleen Sebelius will appoint a successor to Luckert in Shawnee County. The supreme court will then select a new chief judge for the district.

Jim McLean can be reached at (785) 233-7470 or jmclean@cjonline.com.

See APPOINTED, page 9A

Appointed: Graves still has one seat to fill on court

Listen to Judge Marla Luckert and Gov. Bill Graves discuss Luckert's appointment to the state's highest court.

www.cjonline.com