Senate panel advances southeast Kansas judge nominated for state Court of Appeals

TOPEKA — A Republican-dominated Kansas Senate committee on Monday advanced a district judge nominee from Democratic Gov. Laura Kelly for the Kansas Court of Appeals.

Judge Lori Bolton Fleming now awaits a vote of the full Senate for confirmation.

Kelly appointed Bolton Fleming to replace the retired Judge Henry Green Jr., who is the longest-serving judge on the Kansas Court of Appeals.

Kelly selected Bolton Fleming from three nominees put forward by the Court of Appeals nominating commission .

Bolton Fleming has been the chief judge for the 11th Judicial District — which includes Cherokee, Crawford and Labette counties in southeast Kansas near the Kansas and Oklahoma borders — since 2021. She has served as a judge there since 2012, when she was appointed by Republican Gov. Sam Brownback.

In 2023, the Kansas Supreme Court appointed Bolton Fleming to the Rural Justice Initiative , which focuses on fulfilling legal needs in less populated parts of the state. Her focus in that role has been growing the number of attorneys in those communities.

“Our appellate courts are best served by having people serve from all parts of the state,” Bolton Fleming said during testimony before the Senate Judiciary Committee on Monday.

After spending her entire legal career in southeast Kansas, Bolton Fleming would be one of few rural voices on the Kansas Court of Appeals. The majority of the justices come from Wichita, Topeka or Kansas City.

Ranking Minority Member Democrat Sen. Ethan Corson of Prairie Village noted that there hasn’t been a judge on the Kansas Court of Appeals from the 11th district since 1978.

“I do think it’s important just for our citizens that we have geographic diversity on the court of appeals,” Corson said.

Bolton Fleming has been invited to sit with the Kansas Court of Appeals as well as the Kansas Supreme Court to help make decisions on cases, according to Kelly’s press release . She also has delivered 38 opinions on cases as an assigned appellate judge.

Sen. Craig Bowser, a Republican from Holton, asked Bolton Fleming during Monday’s hearing how he should respond when other senators ask why they should vote for her.

“So, I’ve actually done the work that I would be doing as a court of appeals judge, and I’ve actually done it while working full time as a district court judge,” Bolton Fleming said. “One of the times that I handled a court of appeals docket, I was actually handling a high-level felony jury trial. I would handle the trial during the day and I would write at night. I think it speaks to my work ethic as well.”

Courts don’t make law

When senators on the judiciary committee asked Bolton Fleming’s opinion on certain cases, she always answered the same: “Courts don’t make law.”

Sen. Kellie Warren, a Republican from Leawood, referenced an executive order from President Donald Trump ordering the federal government to recognize only two biological sexes . The legal fate of that order — one of several attacks on the rights of LGBTQ people in the U.S. since Trump took office in January — is playing out in the courts.

“I’m thinking Kansans might want to hear from you, and directly, what your thoughts on how you would answer the question, ‘What is a woman?’ ” Warren said.

“Again, courts don’t make law,” Bolton Fleming said. “So if the executive branch or legislative branch has created a law or administrative order, it’s not really before the court to answer that. We leave that to the people, through the elected representatives. That’s certainly not an issue that’s come up in front of me.”

When Sen. Jeff Klemp, a Republican from Lansing, asked if Bolton Fleming has ideas on how the judicial system should change, she acknowledged the Kansas Legislature’s recent approval of a constitutional amendment that would make seats on the state Supreme Court elected positions . But she reiterated that as a judge, she would not weigh in on the matter.

“The idea is that the government belongs to the people, the people through their elected representatives — all of you — have decided to propose a method to the public, and they will vote, and that is a very democratic process,” Bolton Fleming said.

Before going to law school, Bolton Fleming was an English teacher at Fort Scott High School. Bolton Fleming says she was inspired to attend law school by some of her students, who lived in foster care homes.

“As I got to know them and hear their stories, it occurred to me that their stories may have had a different ending with someone in their corner,” Bolton Fleming said.