TOPEKA — Governor Laura Kelly has withdrawn Jeffry Jack’s nomination to the Kansas Court of Appeals.

In light of the information that has surfaced regarding Judge Jeffry Jack’s social media presence, Governor Laura Kelly is withdrawing his name from consideration for the Kansas Court of Appeals vacancy. Jack, at the request of Governor Kelly, submitted a letter last night removing his name from consideration, according to a media release from the governor’s office.

“I’m surprised and disappointed that a sitting judge would engage in this type of rhetoric,” Kelly said. “It’s unacceptable for a sitting judge, who must be seen as unbiased and impartial, to post personal political views on social media.”

The Governor’s Nominating Committee forwarded three names for consideration on February 1. The finalists were interviewed and their legal background and work history vetted by the committee. Additionally, the Kansas Bureau of Investigation conducted background investigations on the finalists.

“It’s clear that despite a thorough review and investigation, this was missed,” Kelly said. “In fairness to all the applicants, I ask that the nominating committee thoroughly review all applicants again – including social media activity – and send me additional names for consideration. Once this is done and background checks are complete, I will then submit a new nominee to the Kansas Senate for review and confirmation, prior to the end of the legislative session.”

Due to recent problems with state employees and judicial nominees posting inflammatory comments on Twitter, the governor believes further review is necessary. The two remaining finalists, Sarah Warner and Marcia Wood, will be considered with the additional names following a thorough, follow-up review.

“In an era when we increasingly see Twitter and other social media platforms being used to attack and divide, we can and must do better,” Kelly said. “The last 24-hours is just the latest example of the deterioration of political discourse – on both sides of the aisle. I hope all of those working in the public sphere will join me as I work to change the tone and rhetoric used both online and here in Topeka. Regardless of our political affiliation, we can and must do better.”

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By JOHN HANNA

TOPEKA, Kan. (AP) — Democratic Gov. Laura Kelly’s nomination of a trial judge to Kansas’ second-highest court appeared doomed Monday after two key Republican legislators decried past social media posts criticizing President Donald Trump and expressing support for gun control and abortion rights.

I’m pleased to nominate Judge Jeffry Jack to the Kansas Court of Appeals. Our judges must ensure that every Kansan who encounters our courts is treated fairly under the law. That requires integrity and impartiality. Judge Jack will bring those qualities to the Court of Appeals. pic.twitter.com/Iuf15TvWUx

— Governor Laura Kelly (@GovLauraKelly) March 15, 2019

Senate President Susan Wagle predicted that Judge Jeffry Jack’s appointment to the Kansas Court of Appeals will not be confirmed by her GOP-dominated chamber. She and Senate Judiciary Committee Chairman Rick Wilborn said the nomination should be withdrawn.

Even Kelly’s chief spokeswoman, Ashley All, called the tweets and retweets on a Jack’s feed “troubling” and said the governor’s office did not know about them, despite its vetting of potential appeals court nominees. Jack has been a district judge in Labette County in southeast Kansas since 2005 and served before that as a Republican in the Kansas House.

The judge’s Twitter page, showing his picture, includes political retweets with vulgar language, a September 2017 tweet referring to Trump as “Fruit Loops” and another saying, “I am so embarrassed that he is our President.” His postings show support for National Football League players who have kneeled in protest during the national anthem. The last tweet on Jack’s feed appeared to be from October 2017.

“He’s obviously politically biased, and he just isn’t the type of personality that you want on the bench, determining judicial questions,” said Wagle, a Wichita Republican.

All said the governor’s office was looking into Jack’s tweets and retweets. Jack was in court Monday and did not immediately return a telephone message to his office seeking comment.

Kelly picked Jack to replace longtime appeals court Judge Patrick McAnany, who retired the day the Democratic governor took office in January. She said Jack’s legislative experience was an important factor in choosing him over two other finalists and said he would bring qualities including “impartiality” to the bench.

The quickly-emerging problems with Jack’s nomination were particularly embarrassing for Kelly because she took the extra step — not required by law — of appointing a panel of lawyers and non-lawyers to screen applications, interview candidates in public and name three finalists.

Questions about Jack’s social media posts also came a day after the Kansas Department of Transportation said an employee who had used an official Twitter account to criticize Trump no longer worked at the agency.

All said she could not say why the governor’s office did not know about Jack’s feed on Twitter, which still could be viewed online Monday evening.

Some of Jack’s tweets criticized Republican legislators, including Wagle. One July 2017 tweet speculated that Wagle, who is now considering a U.S. Senate bid, might seek higher office and suggested she might be “failing upward.” He described another GOP senator with a vulgar acronym in a June 2017 tweet.

“It just flies in the face of everything you want a sitting judge to be,” said Wilborn, a McPherson Republican. “I would have thought that she (Kelly) would have vetted this candidate a little more closely and the prudent thing for her to do to continue to be credible is to withdraw that nomination.”

Sen. Vic Miller, of Topeka, the top Democrat on the Judiciary Committee, said he found Jack’s social media posts “deeply troubling.”

Asked whether Jack should withdraw as the nominee, Miller said: “If these are genuine, and he asked me for advice, I would advise him to do that.”

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TOPEKA, Kan. (AP) — The Latest on Kansas Gov. Laura Kelly’s nominee to the state Court of Appeals (all times local):

Kansas Senate President Susan Wagle and another key Republican say Democratic Gov. Laura Kelly’s nomination of a trial court judge for the state Court of Appeals should be withdrawn.

Wagle and Senate Judiciary Committee Chairman Rick Wilborn said Monday that they oppose Kelly’s nomination of Labette County District Judge Jeffry Jack. They cited tweets and retweets criticizing President Donald Trump and expressing support for gun control and abortion rights.

Kelly spokeswoman Ashley All called the Twitter posts “troubling” and said the governor’s office is looking into them.

Wagle predicted the GOP-controlled Senate would not confirm Jack.

Jack has been a Labette County district judge since 2005. Kelly nominated him Friday for an open seat on the state’s second-highest court.

Jack did not immediately return a telephone message seeking comment.

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2:15 p.m.

The Kansas Senate’s top leader says that she will oppose Democratic Gov. Laura Kelly’s nominee to the state Court of Appeals.

Senate President and conservative Wichita Republican Susan Wagle said Monday that nominee Jeffry Jack has a history of “pro-abortion” rhetoric, statements favoring gun control and criticism of President Donald Trump.

Wagle’s staff pointed to Jack’s social media tweets and retweets about gun violence, abortion and Trump. A picture of Jack appears on his Twitter page.

Jack has been a Labette County district judge since 2005. Kelly nominated him Friday for an open seat on the state’s second-highest court, and the appointment must be confirmed by the Senate.

Kelly spokeswoman Ashley All said her office is looking into the matter. Jack did not immediately return a telephone message seeking comment.