The Kansas Supreme Court has ruled that state law allows Gov. Sam Brownback to decide when he will fill a vacant district magistrate position.

Three 26th District judges asked the court in July to require Brownback to appoint a judge in that district within 90 days of learning of the vacancy. They argued state law requires five magistrate judges to serve the six-county district.

Brownback wants to wait until after the August election to appoint a replacement for Judge Tommy Webb of Haskell County, who retired in February.

The justices ruled unanimously Friday that wording of state law gives the governor discretion to exceed the 90-day deadline.

Justices Dan Biles and Caleb Stegall were not part of the decision. They were replaced by Senior Judges Michael Malone and David Stutzman.