Governor Sam Brownback says he has the right to wait longer than 90 days to fill a vacant district magistrate position.

A written response filed Monday in the Kansas Supreme Court on Brownback’s behalf says the “precise timing of the appointment is left to the Governor’s constitutionally-provided executive power.”

Three 26th District judges filed a petition last month after Brownback announced he would wait until after the August primaries to consider filling the vacancy. The opening was created when Judge Tommy Webb of Haskell County announced his retirement in February.

The petition seeks to force Brownback to fill the position, saying Kansas law requires five magistrate judges to serve the six-county district. Brownback contends in the court filing that granting the request would “violate the separation of powers.”