Gov. Sam Brownback has made his second appointment to the Kansas Court of Appeals under a new law that eliminated the role of the Supreme Court Nomination Commission in the selection process.

The new process, under which the governor nominates a judge who then must be confirmed by the Kansas Senate, was touted as a more democratic and open way to appoint judges. However, at least the way it is being used by this governor, the process seems anything but open.

The governor invited Kansans to nominate themselves or others for the Court of Appeals position but revealed no information about who was nominated, how many names he received or what their qualifications were. He also failed to respond — at least before announcing his choice on Thursday — to an open records request from the Associated Press seeking applications, letters or emails from people making nominations for the Court of Appeals vacancy. The process was completely closed.

Brownback’s selection of Kathryn Gardner of Topeka may have been a stellar choice, but it’s difficult for Kansans to assess that choice without having any information on the other nominees. It at least gives the appearance that the governor has something to hide.

In announcing the nomination, Brownback noted Gardner’s experience as a law clerk for U.S. District Judge Sam Crow and as an assistant Kansas attorney general. He also noted that she has been a finalist in statewide cowboy poetry contests three times in the past four years. Hopefully, he was joking when he said the poetry connection “sealed the deal for me.”

Interestingly, Gardner shares some educational credentials with Supreme Court Justice Caleb Stegall, whose spot she is filling on the Court of Appeals. Both received their law degrees from Kansas University and both graduated from Geneva College, which indicates on its website that it is a “four-year comprehensive Christian college” in Beaver Falls, Pa., with a current undergraduate enrollment 1,335 traditional students.

The Kansas Senate now will have an opportunity to review Gardner’s credentials as part of the confirmation process, but the Senate’s large Republican majority almost certainly will agree with Brownback’s choice.

If the governor had his way, the same system would be used to appoint Kansas Supreme Court justices, but that would require both the Legislature and the voters of Kansas to approve a constitutional amendment. When advocates try to sell that amendment as a more democratic and open way to select state judges, Kansans should remember the closed process Brownback has instituted for Court of Appeals appointments.