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Kansas City, Mo. — A member of a panel interviewing applicants for a judgeship in eastern Kansas asked candidates if they believe in the Ten Commandments, surprising several lawyers who applied for the job.

"I was a little taken aback," lawyer Darrell Smith said. "It's my understanding that the Bill of Rights prohibits a religious test for an office of public trust."

Panel member Robert Harrington asked about the Ten Commandments, and posed other yes or no questions: Do you believe in abortion? Do you believe in capital punishment?

A dozen lawyers applied for the judgeship in the 6th Judicial District, which encompasses Miami, Linn and Bourbon counties. Those interested were interviewed by the panel Nov. 21, which chose a pair of top candidates: Miami County lawyer David Miller, 53; and Amy Harth, 33, a lawyer in Miller's office. Gov. Kathleen Sebelius is expected to make a final selection by Dec. 24.

Although Kansas law states "no religious test or property qualification shall be required for any office of public trust," Harrington said his question about the Ten Commandments was appropriate.

"The oath of office for district judge includes ‘So help me God,"' Harrington said. "So why wouldn't the Ten Commandments be an appropriate question?"

Edward Bigus, an attorney who practices in Johnson County, disagreed.

"It shouldn't come up in any job interview," Bigus said. "I learned that in business law when I was an undergrad."

Harrington also defended his other questions.

"I was asking the questions to see how they would react to difficult questions," Harrington said. "They'll have to make hard decisions, and if they can answer hard questions, that's fine. But if they have to make an explanation for their answer, that's different."

Lawyer Steven Jensen, of Paola, said he tried to explain his answer but was stopped. Judges must interpret "gray areas," Jensen said, and "if all you need is a yes or no answer, you don't need a judge -- you need a computer."

The interviews lasted 10 minutes. "Cub Scout leaders get more than 10 minutes," Jensen said.

Some questions also seemed irrelevant, said Osawatomie lawyer Richard Fisher Jr., who was asked whether he scouted for a high school football team (he does) and whether he went to many home games (he doesn't).

Kansas Supreme Court Justice Donald Allegrucci served as the panel's nonvoting chairman. Carol Green, the court's clerk, said Allegrucci told applicants it was their choice whether to answer questions.

Dick Kurtenbach, executive director of the American Civil Liberties Union of Kansas and Western Missouri, said he was contacted about the judicial interviews.

"It does raise a potential civil liberties concern," he said. The ACLU plans to discuss the complaint at a meeting in early January -- two weeks after Sebelius is expected to select a judge.

"If these lawyers want to take some action, they're perfectly capable of doing so," Kurtenbach said.