Biles was one of three candidates recommended by the Kansas Supreme Court Nominating Commission to Kansas Governor Kathleen Sebelius.
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Biles was appointed on January 7, 2009, by Kansas Governor Kathleen Sebelius to replace retiring Chief Justice Kay McFarland.
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On January 7, 2009, Biles was appointed by Governor Sebelius; the other two choices recommended by the Kansas Supreme Court Nominating Commission were the Chief Judge of the Douglas County Court Robert Fairchild and Kansas Court of Appeals Judge Tom Malone.
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