An inherent powers lawsuit that challenges the appropriateness of court funding has been described by some as the nuclear option of court funding. Rarely is this tactic tried and now we have Kansas. By the Associated Press:
Six trial-court judges in Kansas have filed a lawsuit against the state Legislature in hopes of forcing it to increase funding for the court system.
The judges filed the lawsuit Friday directly with the Kansas Supreme Court. The lawsuit alleges that state lawmakers have chronically underfinanced the judicial branch.
The judges asked the state’s highest court to force legislators to consider funding “independent of unrelated political agendas.” The Supreme Court itself has already proposed an $18 million increase in the court system’s budget. Much of the proposed funds would go toward increasing pay for both judges and court staff.