The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
chapter-20•Chapter 20 — Courts
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
The supreme court shall be a court of record, and in addition to the original jurisdiction conferred by the constitution, shall have such appellate jurisdiction as may be provided by law; and during the pendency of any appeal, on such terms as may be just, may make an order suspending further proceedings in any court below, until the decision of the supreme court. As provided by section 1 of article 3 of the Kansas constitution, the supreme court shall have general administrative authority over all courts in this state, and the supreme court and each justice thereof shall have such specific powers and duties in exercising said administrative authority as may be prescribed by law. The chief justice shall be the spokesman for the supreme court and shall exercise the court's general administrative authority over all courts of this state. The chief justice shall have the responsibility for executing and implementing the administrative rules and policies of the supreme court, including supervision of the personnel and financial affairs of the court system, and delegate such of this responsibility and authority to personnel in the state judicial department as may be necessary for the effective and efficient administration of the court system.
History: G.S. 1868, ch. 27, § 1; R.S. 1923, 20-101; L. 1975, ch. 178, § 19; L. 1976, ch. 146, § 1; April 19.
The supreme court shall have original and exclusive jurisdiction in regard to any suit in law or equity, or any controversy relating to the apportionment of representation in the legislature of the state of Kansas.
History: L. 1963, ch. 203, § 1; June 30.
The supreme court shall meet at the state capital on the first Tuesday in January and July in each year. Special and adjourned terms of the court may also be held at such times as a majority of the judges may direct; but notice of the time of the holding of such special or adjourned terms shall be given by publication in the Kansas register.
History: G.S. 1868, ch. 27, § 2; R.S. 1923, 20-102; L. 1982, ch. 346, § 2; July 1.
If a majority of said court should not be in attendance on the first day of the term, the clerk shall enter such fact on record, and the court shall stand adjourned till the succeeding day, and so from day to day for three days; and if said court shall not be opened within three days, all matters pending therein shall stand continued until the next term, unless a special term be sooner ordered, and no action or matter shall abate or be discontinued thereby.
History: G.S. 1868, ch. 27, § 3; October 31; R.S. 1923, 20-103.
The records and papers of the supreme court shall be kept at the seat of government, in a suitable room to be provided for the accommodation of the court, and not be removed therefrom unless by direction of the court, and then only so long as the court may permit.
History: G.S. 1868, ch. 27, § 4; October 31; R.S. 1923, 20-104.
No person shall be qualified to hold the office of justice of the supreme court, unless such person shall have been regularly admitted to practice law in the state of Kansas and has engaged in the active and continuous practice of law, as a lawyer, judge of a court of record or any court in this state, full-time teacher of law in an accredited law school or any combination thereof for a period of at least ten (10) years prior to the date of appointment as justice.
History: L. 1917, ch. 153, § 1; R.S. 1923, 20-105; L. 1976, ch. 146, § 2; April 19.
The supreme court may, on special occasions, when necessity shall require, appoint a marshal, who shall have power to serve processes, and shall perform such other duties as may be required of him by the court or enjoined by law; he shall take the usual oath of office.
History: G.S. 1868, ch. 27, § 5; L. 1869, ch. 41, § 1; L. 1870, ch. 57, § 1; R.S. 1923, 20-106; L. 1967, ch. 434, § 5; July 1.
All process or writs issuing out of the supreme court shall be directed to the sheriff or other proper officer of the county where the same is to be executed, who shall serve the same: Provided, That the marshal of said court shall have power to serve any such order, warrant, notice or citation issuing out of said court, and shall receive the same fees therefor as other officers are entitled to for like services.
History: G.S. 1868, ch. 27, § 6; October 31; R.S. 1923, 20-107.
An appellate court of this state may require the district court of the county where any action or proceeding shall have originated to carry the judgment or decree of the appellate court into execution; and the same shall be carried into execution by proper proceedings, by such district court, according to the command of the appellate court made therein.
History: G.S. 1868, ch. 27, § 7; R.S. 1923, 20-108; L. 1976, ch. 146, § 3; L. 1978, ch. 107, § 1; July 1.
Before entering on the duties of his office, the clerk of the supreme court shall take and subscribe the oath of office; and the clerk shall receive, in addition to the fees already prescribed, such per diem during the term as may be allowed by said court.
History: G.S. 1868, ch. 27, § 8; L. 1869, ch. 40, § 1; R.S. 1923, 20-109; L. 1967, ch. 434, § 6; July 1.
It shall be the duty of the clerk of the supreme court to enter of record all orders, judgments, decrees and proceedings of the court, and to issue all process required by law or ordered by the court, and perform such other duties as may be required of him by the court or by law.
History: G.S. 1868, ch. 27, § 9; October 31; R.S. 1923, 20-110.
When a case is decided by the supreme court, the judge delivering the opinion shall, at the time the decision is made, file with the clerk a brief statement, in writing, of the points decided in the case, which shall constitute the syllabus in the published reports of the case.
History: G.S. 1868, ch. 27, § 10; L. 1869, ch. 39, § 1; R.S. 1923, 20-111; L. 1933, ch. 221, § 2; February 17.
The opinion of the court shall in all cases as soon as practicable be reduced to writing, and filed in the cause to which it relates, and a copy thereof be returned with the mandate to the court below.
History: G.S. 1868, ch. 27, § 11; L. 1869, ch. 39, § 2; March 2; R.S. 1923, 20-112.
History: L. 1897, ch. 110, §§ 2, 3; R.S. 1923, 20-113, 20-114; Repealed, L. 1953, ch. 375, § 95; July 1.
All fees accruing after the passage of this act shall be the property of the state of Kansas, and when collected shall be turned over to the general-revenue fund of the state, the same as above provided.
History: L. 1897, ch. 110, § 4; March 19; R.S. 1923, 20-115.
All supplies, blank forms, books and stationery used in the office of the clerk of the supreme court shall be provided as heretofore, except each requisition for such supplies shall be signed and approved by the chief justice of the supreme court.
History: L. 1897, ch. 110, § 5; March 19; R.S. 1923, 20-116.
History: L. 1927, ch. 188, §§ 1, 2; Repealed, L. 1951, ch. 242, § 1; June 30.
The member who is to be chairperson of the supreme court nominating commission shall be selected in the following manner: The clerk of the supreme court, in March of any year in which the chairperson is to be elected by members of the bar, shall send by ordinary first-class mail to all members of the bar eligible to vote a notice that such election is to be held and advising how nominations for such office may be made. Any member or group of members of the bar resident of and licensed to practice law in Kansas, may, on or before April 1, file in writing by mail or otherwise, in the office of the clerk of the supreme court, a nomination in writing accompanied by the written consent of the nominee, of a qualified individual for such office. After the nominations have been made the clerk of the supreme court, on or before May 1, shall send by ordinary first class United States mail to each of the members of the bar who are residents of and licensed to practice law in Kansas, a list of all the names and places of residence of the qualified nominees together with a ballot, in such form as may be prescribed by the such clerk, for voting upon such nominees.
Each member of the bar receiving such ballot may cast one vote thereon for one of the nominees named and shall return the ballot by mail in time to be received by the clerk on or before May 15. All ballots received at the office of the clerk by such date shall be counted and the nominee receiving the greatest number of votes cast shall be the chairperson member of such commission, except that if there are more than two nominees and no one of them receives a majority of the votes cast, the names of the two receiving the greatest number of votes shall be resubmitted for vote by ballot in like manner as is prescribed for the first ballot. Such second ballot to be mailed on or before June 15, and voted and returned so as to be received at the office of the clerk on or before July 1.
History: L. 1959, ch. 158, § 1; L. 2003, ch. 99, § 1; July 1.
The members of the supreme court nominating commission to be chosen from among the members of the bar of each congressional district shall be selected in the following manner: The clerk of the supreme court, in March of any year in which a member of the commission is to be elected by members of the bar, shall send by ordinary first-class mail to all members of the bar eligible to vote for the member to be elected a notice that such election is to be held and advising how nominations for such office may be made. Any member or group of members of the bar resident of the congressional district and licensed to practice law in Kansas may, on or before April 1, file in writing by mail or otherwise in the office of the clerk of the supreme court, a nomination accompanied by the written consent of the nominee, of a qualified individual who resides in the same congressional district, as member of the commission from that district. After the nominations have been made the clerk, on or before May 1, shall send by ordinary first class United States mail to each of the members of the bar who are residents of the congressional district and licensed to practice law in Kansas, a list of all the names and places of residence of the qualified nominees for that district, together with a ballot in such form as the clerk may prescribe, for voting upon such nominees.
Each member of the bar receiving such ballot may cast one vote thereon for one of the district nominees named and shall return the ballot by mail in time to be received at the office of the clerk on or before May 15. All ballots received at the office of the clerk by such date shall be counted by congressional districts and the nominee in each district receiving the greatest number of votes cast in the district shall be a member of the commission from that district, except that if in any district there are more than two nominees and no one of them receives a majority of the votes cast in the district, the names of the two receiving the greatest number of votes shall be resubmitted in the district for vote by ballot in like manner as is prescribed for the first ballot. Such second ballot to be mailed on or before June 15 and returned in time so as to be received at the office of the clerk on or before July 1.
History: L. 1959, ch. 158, § 2; L. 2003, ch. 99, § 2; July 1.
In any election held for selection of the chairman or other members of the commission to be selected by the members of the bar, in case no nominee receives a majority of the votes cast on the first ballot and two (2) or more are tied for either the first highest or the second highest number of votes cast so as to leave unsettled the determination of the question of which two (2) have received the highest number of votes, or if on either the first or second ballot two (2) nominees are tied so that one (1) additional vote cast for either would give him a majority, the canvassers shall resolve the tie by lot in such manner as they shall adopt and the winner of the lot shall be deemed to have the plurality or majority as the case may be.
History: L. 1959, ch. 158, § 3; March 24.
(a) The clerk of the supreme court shall use the certified roster of attorneys licensed to practice law in Kansas, as provided to the secretary of state pursuant to K.S.A. 20-170, and amendments thereto, for ascertaining the names and places of residence of those entitled to receive ballots and for ascertaining the qualifications of those nominated for membership on the commission. The clerk shall supply with each ballot distributed a certificate to be signed and returned by the member of the bar voting such ballot, evidencing the qualifications of such member of the bar to vote, including the name and residential address of such member of the bar, and certifying that the ballot was voted by the certifying voter.
(b) In order to ensure that the vote cast may be secret, the clerk shall provide a separate envelope for the ballot, in which the voted ballot only shall be placed, and the envelope containing the voted ballot shall be placed in another envelope, also to be supplied by the clerk, together with the signed certificate. A ballot not accompanied by the signed certificate of the voter shall not be counted. When the voted ballots are received by the clerk they shall be separated from the certificates by the canvassers, and after the ballots are counted and the results certified, the ballots shall be preserved by the clerk for a period of six months and the certificates shall be preserved by the clerk for a period of five years. No one shall be permitted to inspect the ballots received pursuant to this section except on order of the supreme court. Unless otherwise ordered by the supreme court, at the end of such six-month period the clerk shall destroy the ballots received pursuant to this section, and at the end of such five-year period, the clerk shall destroy the certificates received pursuant to this section.
(c) Within 14 days after the results of a selection are certified pursuant to this section, the clerk of the supreme court shall: (1) Create a list designating the position and year for which the selection was held and containing the names and residential addresses of all persons who returned a ballot with a signed certificate as described in subsection (b); and (2) transmit a certified copy of the list to the secretary of state. The list described in this subsection shall be transmitted in a format prescribed by the secretary of state. Upon receipt of the list described in this subsection, the secretary of state shall append the information contained therein to the roster for such selection as described in K.S.A. 20-170, and amendments thereto.
(d) Notwithstanding any other provision of law, the certificates received for a selection pursuant to this section shall be disclosed upon proper request submitted to the clerk of the supreme court pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(e) Notwithstanding any other provision of law, the lists described in subsection (c) shall be disclosed upon proper request submitted to the clerk of the supreme court or to the secretary of state pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(f) The provisions of this section shall apply to all selections held under K.S.A. 20-119 and 20-120, and amendments thereto, which have not been canvassed pursuant to K.S.A. 20-130, and amendments thereto, regardless of whether such selections are scheduled, upcoming or pending as on the effective date of this act.
History: L. 1959, ch. 158, § 4; L. 2003, ch. 99, § 3; L. 2016, ch. 93, § 4; July 1.
(a) When the chairperson and other members of the commission chosen by the members of the bar have been elected, and after the names of the nonlawyer members appointed by the governor have been certified to the clerk of the supreme court as provided in this act, the clerk shall make a record thereof in the clerk's office and shall notify the members of the commission of their election and appointment. The commission shall meet from time to time as may be necessary to discharge the responsibilities of the commission. Such meetings shall be held at such place as the clerk of the supreme court may arrange. Such meeting shall be held upon the call of the chairperson, or in the event of the chairperson's failure to call a meeting when a meeting is necessary, upon the call of any four members of the commission. The commission shall act only at a meeting, and may act only by the concurrence of a majority of its members. The commission shall have power to adopt such reasonable and proper rules and regulations for the conduct of its proceedings and the discharge of its duties as are consistent with this act and the constitution of the state of Kansas.
(b) (1) The supreme court nominating commission shall be and is hereby deemed to be a public body and shall be subject to the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto.
(2) Except as provided further, the commission shall not recess for a closed or executive meeting for any purpose. The commission, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting only for the purpose of discussing sensitive financial information contained within the personal financial records or official background check of a candidate for judicial nomination.
(3) Nothing in this subsection shall be construed to supersede the commission's discretion to close a record or portion of a record submitted to the commission pursuant to any applicable exception to public disclosure under the open records act.
History: L. 1959, ch. 158, § 5; L. 2003, ch. 99, § 4; L. 2016, ch. 93, § 5; July 1.
As terms of office of nonlawyer members from each congressional district are about to expire, their successors shall be appointed by the governor and the names of such appointees certified by the governor to the clerk of the supreme court before their terms of office begin. Any vacancy occurring among the nonlawyer members of the commission shall be filled by appointment by the governor within 10 days after the governor has notice of such vacancy, for the unexpired term of the member whose place is being filled, and the name of such appointee shall be certified to the clerk. All appointments by the governor shall be without regard to the political affiliations of the appointees.
History: L. 1959, ch. 158, § 6; L. 2003, ch. 99, § 5; July 1.
The term of office of the chairperson of the commission shall be for as many years as there are, at the time of such chairperson's election, congressional districts in the state. Except for those appointed to fill vacancies all terms of office for members of the commission, elected or appointed, shall be for as many years as there are, at the time of their election or appointment, congressional districts in the state.
History: L. 1959, ch. 158, § 7; L. 2003, ch. 99, § 6; July 1.
In any uncontested election, the nominee shall be declared elected without preparation of a ballot.
History: L. 1959, ch. 158, § 8; L. 1963, ch. 204, § 1; L. 1992, ch. 283, § 1; L. 2003, ch. 99, § 7; July 1.
If the chairman or any other members of the commission elected by the members of the bar shall cease to be a member of the bar entitled to engage in the general practice of law in Kansas, or if the chairman shall change his place of residence from the state or if any other member of the commission, whether elected or appointed, shall change his place of residence to a congressional district other than that from which he was elected or appointed, the chairman or such other member as to whom such change of condition exists, shall no longer be a member of the commission and a vacancy shall exist as to his membership.
History: L. 1959, ch. 158, § 9; March 24.
Any vacancy occurring from any cause in the office of chairman of the commission or among the lawyer members from the congressional districts shall be filled by appointment by the chief justice of the supreme court of Kansas, such appointee to hold office until the first day of July following the expiration of four months after such appointment is made. During the four months immediately preceding the termination of such appointive term an election shall be held in the manner by this act provided for other elections of subsequent members of the commission, for the unexpired term, if any, of the member whose vacancy is being filled. Appointments to fill such vacancies shall be certified to the clerk of the supreme court.
History: L. 1959, ch. 158, § 10; L. 1992, ch. 283, § 2; July 1.
In the event of redistricting which changes the number of congressional districts in the state, the members of the commission as constituted at the time of redistricting shall continue to be members of the commission until the first day of July following the expiration of four months after such redistricting becomes effective. Except for the chairperson on such date, the terms of all members of the commission shall expire. During the four months immediately preceding such termination of office, new commissioners shall be elected and appointed from the newly constituted congressional districts in the same manner which is provided in this act for election and appointment of commissioners. The terms of elected and appointed members first chosen from such newly constituted districts shall be staggered on the basis of the number of such districts and their successors shall be elected and appointed in such manner and for such terms as provided in this act.
History: L. 1959, ch. 158, § 11; L. 2003, ch. 99, § 8; July 1.
The canvassers at any election held pursuant to this act shall consist of the clerk of the supreme court, the secretary of state or the secretary of state's designee and the attorney general or the attorney general's designee. The canvassers shall open and canvass the ballots and shall tabulate and sign the results as a record in the office of the clerk.
History: L. 1959, ch. 158, § 12; L. 2016, ch. 93, § 6; July 1.
Any member of the commission shall be eligible for reelection or reappointment if otherwise qualified, but for not more than one (1) term in addition to that for which he was originally elected or appointed.
History: L. 1959, ch. 158, § 13; March 24.
When a vacancy occurs in the supreme court, the clerk of such court shall promptly notify the chairman of the commission of such vacancy, and the commission shall make nominations of three persons to fill such vacancy and certify the names of the nominees to the governor. When it is known that a vacancy will occur at a definite future date, but the vacancy has not yet occurred, the clerk shall notify the chairman of the commission thereof, and the commission may, within 60 days prior to the occurrence of such vacancy, make its nominations and submit to the governor the names of three persons nominated for such forthcoming vacancy. To the end that the administration of justice may be facilitated and that no vacancy on the supreme court may be permitted to exist unduly, the commission shall make its nominations for each vacancy and certify them to the governor as promptly as possible, and in any event not later than 60 days from the time such vacancy occurs.
History: L. 1959, ch. 158, § 14; L. 2016, ch. 93, § 7; July 1.
It is the intent of this act that the members of the commission shall consist only of those persons whose purpose it will be to recommend for appointment on the supreme court only lawyers or judges of recognized integrity, character, ability and judicial temperament, and whose conduct will conform to the letter and the spirit of the constitutional amendment implemented by this act. The commission shall take cognizance of the fact that the best qualified nominees may be those whom it would be most difficult to persuade to serve. Accordingly the commission shall not limit its consideration to persons who have been suggested by others or to persons who have indicated their willingness to serve. The commission may, if it sees fit to do so, tender nominations to one or more qualified persons, prior to and subject to the formal action of the commission in making its nominations, in order to ascertain whether such person will agree to serve if nominated.
History: L. 1959, ch. 158, § 15; L. 2003, ch. 99, § 9; July 1.
After the commission has nominated and submitted to the governor the names of three (3) persons for appointment to fill a vacancy on the supreme court, any name or names may be withdrawn for cause deemed by the commission to be of a substantial nature affecting the nominee's qualifications to hold office, and another name or names may be substituted therefor at any time before the appointment is made to fill such vacancy. If any nominee dies or requests in writing that his name be withdrawn the commission shall nominate another person to replace him. Whenever there are existing at the same time two (2) or more vacancies and the commission has nominated and submitted to the governor lists of three (3) persons for each of such vacancies, the commission may, in its sole discretion and before an appointment is made, withdraw the lists of nominations, change the names of any of such persons nominated from one (1) list to another and resubmit them as so changed, and may substitute a new name for any of those previously nominated. Action of a commission in withdrawing nominations may be taken at the same meeting at which the nominations were made, or at any later meeting.
History: L. 1959, ch. 158, § 16; March 24.
In the event of the failure of the governor to make the appointment within sixty days from the time names of the nominees are submitted to him, the chief justice of the supreme court shall make the appointment from such nominees. Any change in names made pursuant to K.S.A. 20-134 shall constitute a resubmission.
History: L. 1959, ch. 158, § 17; March 24.
The clerk of the supreme court is hereby authorized to procure such supplies and equipment as may be necessary to carry out the provisions of this act.
History: L. 1959, ch. 158, § 18; L. 1979, ch. 79, § 1; July 1.
Each member of the commission shall receive as compensation for his services the sum of fifteen dollars ($15) each day of attendance at meetings of the commission and shall be reimbursed for his necessary traveling, hotel, and sustenance expenses in connection with said meeting.
History: L. 1959, ch. 158, § 19; March 24.
The compensation and expenses of the supreme court nominating commission, the expenses of the members of a district judicial nominating commission and the compensation of the clerk, and clerk's expenses for supplies, equipment, and clerical and other assistance necessary to carry out the provisions of this act, including official hospitality and any expenses and clerical assistance necessary to perform the clerk's duties with respect to the nonpartisan selection of judges, shall be paid from available funds. The director of accounts and reports is hereby authorized to draw warrants for the use and purposes specified in this section upon the presentation of vouchers duly itemized and approved by the clerk of the supreme court.
History: L. 1959, ch. 158, § 20; L. 1974, ch. 137, § 14; L. 2003, ch. 99, § 10; July 1.
From time to time, the chief justice of the Kansas supreme court may order conferences of justices of the supreme court and judges of the district court and court of appeals on matters relating to the administration of justice. The actual and necessary expenses of the justices of the supreme court and judges of the district court and court of appeals incurred in connection with attending such conferences shall be paid, subject to the provisions of K.S.A. 75-3216.
History: L. 1963, ch. 202, § 1; L. 1973, ch. 128, § 1; L. 1976, ch. 146, § 4; January 10, 1977.
History: L. 1963, ch. 425, §§ 1–5; Repealed, L. 1965, ch. 212, § 6; May 1.
Revisor's Note: This section previously contained rules of the supreme court. Rules of the supreme court relating to the supreme court, court of appeals and appellate practice are now published by the Supreme Court Reporter, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1507.
History: L. 1965, ch. 212, § 1; Repealed, L. 1975, ch. 178, § 32; January 10, 1977.
History: L. 1965, ch. 212, § 2; L. 1967, ch. 169, § 1; Repealed, L. 1975, ch. 178, § 32; January 10, 1977.
History: L. 1965, ch. 212, § 3; L. 1972, ch. 95, § 1; Repealed, L. 1975, ch. 178, § 32; January 10, 1977.
History: L. 1965, ch. 212, §§ 4, 5; Repealed, L. 1975, ch. 178, § 32; January 10, 1977.
History: L. 1973, ch. 418, § 1; Repealed, L. 1976, ch. 145, § 246; January 10, 1977.
The supreme court may appoint a judicial study advisory committee to assist in conducting the judicial study and survey and to make recommendations to the judiciary and the legislature. The judicial study advisory committee shall be considered a regular committee of the judicial council for the purpose of receiving per diem allowances.
History: L. 1973, ch. 418, § 2; March 23.
The judicial council is authorized to procure such supplies and fix compensation of such clerical and other assistance, and enter into contracts for employment of such consulting and technical groups, as may be necessary to carry out the provisions of this resolution. Under direction of the supreme court, the judicial administrator shall participate in the judicial survey and study and shall cooperate with the judicial council in this project. Upon request of the chief justice, the legislative coordinating council may make available such of the council's staff services as may be necessary to assist the chief justice in the preparation of any legislation necessary to implement any recommended statutory changes resulting from the survey and study.
History: L. 1973, ch. 418, § 3; March 23.
Any funds appropriated by the legislature to the judicial council or the supreme court may be used to match any moneys available from federal or private sources to assist in the conduct of the judicial survey and study.
History: L. 1973, ch. 418, § 4; March 23.
There is hereby established the Kansas supreme court law library, which shall provide law library services to the judicial, legislative and executive branches of state government and to members of the bar under such rules as the supreme court may prescribe. The Kansas supreme court law library shall be under the supervision and control of the Kansas supreme court. For the purpose of operating and managing such library a state law librarian shall be appointed by and serve at the pleasure of the supreme court. Within the limits of appropriations made therefor, the state law librarian shall, with the approval of the supreme court, appoint such assistants and other personnel as required for the operation and management of the law library, in accordance with the personnel plan of the supreme court. The state law librarian and the librarian's assistants and other library personnel shall receive compensation in accordance with the pay plan of the supreme court. Before entering upon the duties of the office, the state law librarian shall take the oath of office prescribed by law for public officers.
History: L. 1974, ch. 135, § 1; L. 1975, ch. 180, § 1; L. 1981, ch. 130, § 1; July 1.
The state law librarian shall be responsible for the operation and management of the supreme court law library and shall have custody of all books, pamphlets and documents belonging thereto. He shall cause each book, pamphlet or document received by such library to be stamped with the words "Kansas supreme court law library" and to be classified and catalogued in accordance with approved library methods. The state law librarian shall provide for the procurement of the acts, journals and other publications of a legal nature of the congress and the legislatures of the several states and territories, together with the judicial decisions of the courts of the United States and of the several states and territories. For such purpose, the state law librarian may exchange the laws, judicial decisions and books, documents and publications of a legal nature of the state of Kansas and agencies thereof. The law librarian may exchange, sell or loan indefinitely, duplicate books, sets of works or other duplicate or temporary material, and the proceeds from any such sales shall be remitted by the state law librarian to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the "duplicate law book fund," which fund is hereby created. All expenditures from such fund shall be for miscellaneous law library purposes and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state law librarian or by a person or persons designated by him. Any exchange, sale or loan made hereunder shall be exempt from the provisions of K.S.A. 75-3739 to 75-3744, and amendments thereto.
History: L. 1974, ch. 135, § 2; L. 2001, ch. 5, § 68; July 1.
All books, pamphlets and documents of a legal nature now deposited with and the property of the Kansas state library and under the supervision and control of the state law librarian shall be transferred to and shall become the property of the Kansas supreme court law library. All books, records and accounts involving the sale of Kansas reports, advance sheets, court of appeals reports and reports and proceedings of the Wyandotte constitutional convention, together with records of the state law library report fund, shall be transferred by the state librarian to the custody and control of the state law librarian.
History: L. 1974, ch. 135, § 3; July 1, 1975.
The chief justice of the supreme court shall be responsible for the preparation of the budget for the judicial branch of state government, with such assistance as the chief justice may require from the judicial administrator, the chief judge of the court of appeals and the chief judge of each judicial district. Each district court and the court of appeals shall submit their budget requests to the chief justice in such form and at such time as the chief justice may require. The chief justice shall submit to the legislature the annual budget request for the judicial branch of state government for inclusion in the annual budget document for appropriations for the judiciary. Such budget shall be prepared and submitted in the manner provided by K.S.A. 75-3716 and 75-3717, and amendments thereto. Such budget shall include the request for expenditures for retired justices and judges performing judicial services or duties under K.S.A. 20-2616, and amendments thereto, as a separate item therein.
History: L. 1976, ch. 146, § 42; L. 1978, ch. 108, § 5; L. 1979, ch. 290, § 1; L. 1980, ch. 94, § 1; L. 1999, ch. 57, § 10; L. 2003, ch. 99, § 20; July 1.
The supreme court may provide for and authorize any chief judge of a judicial district, to photograph, microphotograph or otherwise reproduce or to have photographed, microphotographed or otherwise reproduced any of the court records, papers or documents which are by law placed in the courts of that judicial district and to acquire necessary facilities and equipment and to acquire, maintain and use all such appropriate containers, files and other methods as shall be necessary to accommodate and preserve the photographs, microphotographs, films or as otherwise reproduced. The photographing, microphotographing, filming or otherwise reproducing may be so authorized for the reproducing of court records, where to do so will promote efficiency in the office, or as a method of preserving old or worn records, papers or documents. The photographic films and prints or reproductions therefrom, shall comply with federal standard no. 125a, dated April 24, 1958, or the latest revision thereof, issued pursuant to the federal property and administrative services act of 1949, and amendments thereto. The device used to reproduce such records on for any type of storage shall be one which accurately reproduces the original thereof in all details. The court may use reproduction methods which include the digital storage and retrieval of official court records.
History: L. 1977, ch. 104, § 1; L. 1998, ch. 112, § 3; L. 1999, ch. 57, § 11; July 1.
The supreme court may adopt rules to govern the reproduction, preservation, storage and destruction of court records of this state, not inconsistent with this act*.
History: L. 1977, ch. 104, § 4; July 1.
The supreme court shall establish for the nonjudicial personnel of the supreme court and the court of appeals a formal pay plan, a personnel plan and an affirmative action plan for the hiring of minority persons. Such pay plan and personnel plan shall include, but not be limited to, job descriptions, qualifications of employees, salary ranges, vacation, sick and other authorized leave policies. A copy of such pay plan, personnel plan and affirmative action plan shall be submitted to the legislature on or before January 15, 1978.
History: L. 1977, ch. 296, § 2; July 1.
(a) The supreme court shall establish by rule a judicial personnel classification system for all nonjudicial personnel in the state court system who are not subject to the authority and power of the chief judge of each judicial district pursuant to K.S.A. 20-384, and amendments thereto, and for judicial personnel whose compensation is not otherwise prescribed by law. Such personnel classification system shall prescribe the compensation for all such personnel who are not subject to the authority and power of the chief judge of each judicial district pursuant to K.S.A. 20-384, and amendments thereto. No county may supplement the compensation of district court personnel. Such compensation shall be established so as to be commensurate with the duties and responsibilities of each type and class of personnel. In establishing the compensation for each type and class of personnel, the supreme court shall take into consideration: (1) The compensation of personnel in the executive branch of state government who have comparable duties and responsibilities; and (2) the compensation of similar personnel in the court systems of other states having comparable size, population and characteristics.
(b) The following personnel shall not be included in the judicial personnel classification system:
(1) County auditors;
(2) coroners;
(3) court trustees and personnel in each trustee's office; and
(4) personnel performing services in adult or juvenile facilities used as a place of detention or for correctional purposes.
The compensation for the above personnel shall be paid by the county as prescribed by law.
(c) The judicial personnel classification system:
(1) Shall prescribe the powers, duties and functions for each type and class of personnel, which shall be subject to and not inconsistent with any provisions of law prescribing powers, duties and functions of such personnel; and
(2) shall not infringe upon the authority of the chief judge of a judicial district to expend funds in such judicial district's budget for court administration pursuant to K.S.A. 20-384, and amendments thereto.
(d) In conjunction with the judicial personnel classification system, the supreme court shall prescribe a procedure whereby personnel subject to such classification system who are removed from office by their appointing authority will have an opportunity to seek reinstatement.
History: L. 1978, ch. 108, § 2; L. 2014, ch. 82, § 7; July 1.
(a) The official station of each justice of the supreme court and judge of the court of appeals shall be the county seat of the county where the justice or judge maintains an actual abode in which the justice or judge customarily lives.
(b) The chief judge of the judicial district in which a justice of the supreme court or judge of the court of appeals has the justice's or judge's official station, shall provide suitable office space upon request by the justice or judge for use by the justice or judge and the justice's or judge's staff personnel. Such office space shall be in or adjacent to the district court courtrooms and offices at the official station of the justice or judge. Notwithstanding the foregoing provisions, no office space shall be provided by the chief judge of the third judicial district.
(c) Each justice of the supreme court and judge of the court of appeals, upon appointment and from time to time thereafter as changes occur, shall notify the judicial administrator in writing of the justice's or judge's official station, if other than the city of Topeka.
(d) Notwithstanding the other provisions of this section, all mileage and other allowances for official travel for justices of the supreme court and judges of the court of appeals shall be determined from Topeka, Kansas.
History: L. 1982, ch. 128, § 1; L. 1999, ch. 57, § 12; July 1.
(a) The supreme court shall establish by rule an expedited judicial process which shall be used in the establishment, modification and enforcement of orders of support.
(b) The supreme court shall establish by rule an expedited judicial process for the enforcement of court orders granting visitation rights or parenting time.
History: L. 1985, ch. 115, § 53; L. 1991, ch. 112, § 1; L. 2000, ch. 171, § 2; L. 2006, ch. 200, § 80; L. 2011, ch. 26, § 38; L. 2012, ch. 162, § 28; May 31.
(a) The supreme court shall adopt rules establishing guidelines for the amount of child support to be ordered in any action in this state including, but not limited to, K.S.A. 39-755 and K.S.A. 23-2215, and amendments thereto, article 30 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, and K.S.A. 23-2711, and amendments thereto.
(b) In adopting such rules, the court shall consider all relevant factors, including, but not limited to:
(1) The needs of the child;
(2) the standards of living and circumstances of the parents;
(3) the relative financial means of the parents;
(4) the earning ability of the parents;
(5) the need and capacity of the child for education;
(6) the age of the child;
(7) the financial resources and earning ability of the child;
(8) the responsibility of the parents for the support of others;
(9) the value of services contributed by both parents; and
(10) the direct medical and pregnancy-related expenses of the mother.
(c) The maximum amount of child support to be ordered for the support of an unborn child shall not exceed the direct medical and pregnancy-related expenses of the mother of the unborn child. Pregnancy-related expenses shall not include any costs related to an elective abortion.
(d) The amount of child support determined pursuant to subsection (b)(10) shall be calculated from the date of conception of such mother's child. Interest shall accrue for any such amount of child support at the statutory rate provided under K.S.A. 16-204, and amendments thereto, and shall continue to accrue until the payment of such child support is no longer in arrearage.
(e) As used in this section:
(1) "Elective abortion" means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed, except that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that such mother will engage in conduct that would result in such mother's death; and
(2) "unborn child" means the same as defined in K.S.A. 23-3001, and amendments thereto.
History: L. 1986, ch. 219, § 2; L. 1992, ch. 312, § 1; L. 2011, ch. 26, § 39; L. 2012, ch. 162, § 29; L. 2014, ch. 116, § 1; L. 2025, ch. 112, § 1; July 1.
(a) There is hereby created in the state treasury the access to justice fund. Money credited to the fund shall be used solely for the purpose of making grants for operating expenses to programs, including dispute resolution programs, which provide access to the Kansas civil justice system for persons who would otherwise be unable to gain access to civil justice. Such programs may provide legal assistance to pro se litigants, legal counsel for civil and domestic matters or other legal or dispute resolution services provided the recipient of the assistance or counsel meets financial qualifications under guidelines established by the program in accordance with grant guidelines promulgated by the supreme court of Kansas.
(b) All expenditures from the access to justice fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.
(c) The chief justice may apply for, receive and accept money from any source for the purposes for which money in the access to justice fund may be expended. Upon receipt of each such remittance, the chief justice shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the access to justice fund.
(d) Grants made to programs pursuant to this section shall be based on the number of persons to be served and such other requirements as may be established by the Kansas supreme court in guidelines established and promulgated to regulate grants made under authority of this section. The guidelines may include requirements for grant applications, organizational characteristics, reporting and auditing criteria and such other standards for eligibility and accountability as are deemed advisable by the supreme court.
History: L. 1996, ch. 234, § 1; L. 2001, ch. 5, § 69; Revived and amended, L. 2016, ch. 78, § 4; July 1.
(a) The supreme court may establish a supervision fee schedule to be charged to a juvenile offender, or the parent or guardian of such juvenile offender, if the juvenile offender is under the age of 18, for services rendered to the juvenile who is:
(1) Placed on probation;
(2) placed in juvenile community correctional services;
(3) placed in a community placement;
(4) placed on conditional release pursuant to K.S.A. 38-2374, and amendments thereto; or
(5) using any other juvenile justice program available in the judicial district.
(b) The supervision fee established by this section shall be charged and collected by the clerk of the district court.
(c) All moneys collected by this section shall be paid into the county general fund and used to fund community juvenile justice programs.
(d) An annual report shall be filed with the secretary of corrections from every judicial district concerning the supervision fees. The report shall include figures concerning: (1) The amount of supervision fees ordered to be paid; (2) the amount of supervision fees actually paid; and (3) the amount of expenditures and to whom such expenditures were paid.
(e) The court may waive all or part of the supervision fee established by this section upon a showing that such fee will result in an undue hardship to such juvenile offender or the parent or guardian of such juvenile offender.
History: L. 1997, ch. 156, § 2; L. 2006, ch. 169, § 91; L. 2016, ch. 46, § 22; July 1.
In addition to the other purposes for which expenditures may be made from the moneys appropriated from the state general fund or from any special revenue fund, the supreme court may make expenditures to acquire and install a seal of justice in the supreme court courtroom of the judicial center that is designed to be a replica of the seal of justice in the supreme court chamber in the state capitol, which has represented thereon a hand holding the scales of justice and inscriptions reading "Supreme Court" and "State of Kansas" and which is affixed above the entrance behind the former bench for the justices. The supreme court is hereby authorized to accept gifts and donations to pay for the cost of obtaining and installing such seal of justice. All monetary gifts and donations received for this purpose shall be deposited in the state treasury to the credit of the judicial branch gifts fund of the judicial branch. The secretary of administration shall provide such assistance as may be requested by the supreme court for the purposes of acquiring and installing such seal of justice as provided by this section.
History: L. 2005, ch. 176, § 1; July 1.
(a) The judicial administrator is authorized to enter into contracts in accordance with this section for collection services for debts owed to courts or restitution owed under an order of restitution. On and after July 1, 1999, the cost of collection shall be paid by the responsible party as an additional court cost in all cases where such party fails to pay any debts owed to courts or restitution owed under an order of restitution and the court utilizes the services of a contracting agent pursuant to this section. The cost of collection shall be deemed an administrative fee to pay the actual costs of collection made necessary by such party's failure to pay court debt and restitution.
(b) As used in this section:
(1) "Beneficiary under an order of restitution" means the victim or victims of a crime to whom a district court has ordered restitution be paid;
(2) "contracting agent" means a person, firm, agency or other entity who contracts hereunder to provide collection services;
(3) "cost of collection" means the fee specified in contracts hereunder to be paid to or retained by a contracting agent for collection services. Cost of collection also includes any filing fee required under K.S.A. 60-4303, and amendments thereto, or administrative costs prescribed by rules of the supreme court; and
(4) "debts owed to courts" means any assessment of court costs, fines, fees, moneys expended by the state in providing counsel and other defense services to indigent defendants or other charges which a district court judgment has ordered to be paid to the court, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law. "Debts owed to courts" also includes: (A) The cost of collection when collection services of a contracting agent hereunder are utilized; and (B) court costs, fines, fees or other charges arising from failure to comply with a traffic citation within 30 days from the date of the mailing of the notice pursuant to K.S.A. 8-2110(b)(1), and amendments thereto.
(c) (1) Contracts authorized by this section may be entered into with state or federal agencies or political subdivisions of the state of Kansas, including contracts for participation in the collection program authorized by K.S.A. 75-6201 et seq., and amendments thereto. Such contracts also may be entered into with private firms or individuals selected by a procurement negotiation committee in accordance with K.S.A. 75-37,102, and amendments thereto, except that the judicial administrator shall designate a representative to serve as the chief administrative officer member of such committee and that the other two members of such committee shall be designated by the director of purchases and the judicial administrator.
(2) Prior to negotiating any contract for collection services, this procurement negotiation committee shall advertise for proposals, negotiate with firms and individuals submitting proposals and select among those submitting such proposals the party or parties to contract with for the purpose of collection services.
(3) The supreme court may adopt rules as deemed appropriate for the administration of this section, including procedures to be used in the negotiation and execution of contracts pursuant to this section and procedures to be followed by those who utilize collection services under such contracts.
(4) For purposes of this section, the agencies, firms or individuals with whom contracts are entered under this section shall be known as contracting agents. The judicial administrator shall publish a list of the contracting agents for use by courts or beneficiaries under orders of restitution who desire to utilize the collection services of such agents.
(5) Each contract entered pursuant to this section shall provide for a fee to be paid to or retained by the contracting agent for collection services. Such fee shall be designated as the cost of collection hereunder, and shall not exceed 33% of the amount collected. The cost of collection shall be paid from the amount collected, but shall not be deducted from the debts owed to courts or restitution. If a contracting agent uses the debt setoff procedures pursuant to K.S.A. 75-6202 et seq., and amendments thereto, to recover debts owed to the courts, the contracting agent's cost of collection for debt recovered through that program shall be the amount established by contract minus the collection assistance fee imposed by the director of accounts and reports of the department of administration pursuant to K.S.A. 75-6210, and amendments thereto.
(d) Judicial districts of the state of Kansas are authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding debts owed to courts. Subject to rules and orders of the Kansas supreme court, each judicial district may establish by local rule guidelines for the compromise of court costs, fines, attorney fees and other charges assessed in district court cases.
(e) Judicial districts of the state of Kansas are authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting restitution owed under an order of restitution. Any beneficiary under an order of restitution entered by a court is authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding amounts owed under such order of restitution.
(f) Contracts entered hereunder shall provide for the payment of any amounts collected to the clerk of the district court for the court in which the debt being collected originated, after first deducting the collection fee. In accounting for amounts collected from any person pursuant to this section, the district court clerk shall credit the person's amount owed in the amount of the net proceeds collected and shall not reduce the amount owed by any person by that portion of any payment which constitutes the cost of collection pursuant to this section.
(g) With the appropriate cost of collection paid to the contracting agent as agreed upon in the contract hereunder, the clerk shall then distribute amounts collected hereunder as follows:
(1) When collection services are utilized pursuant to subsection (d), all amounts shall be applied against the debts owed to the court as specified in the original judgment creating the debt;
(2) when collection services are utilized pursuant to subsection (e), all amounts shall be paid to the beneficiary under the order of restitution designated to receive such restitution, except where that beneficiary has received recovery from the Kansas crime victims compensation board and such board has subrogation rights pursuant to K.S.A. 74-7312, and amendments thereto, in which case all amounts shall be paid to the board until its subrogation lien is satisfied.
(h) Whenever collection services are being utilized against the same debtor pursuant to both subsections (d) and (e), any amounts collected by a contracting agent shall be first applied to satisfy subsection (e) debts, debts pursuant to an order of restitution. Upon satisfaction of all such debts, amounts received from the same debtor shall then be applied to satisfy subsection (d) debts, debts owed to courts.
History: L. 1996, ch. 195, § 1; L. 1997, ch. 181, § 25; L. 1999, ch. 131, § 16; L. 2015, ch. 53, § 5; L. 2017, ch. 80, § 3; L. 2022, ch. 31, § 1; July 1.
(a) The clerk of the supreme court shall maintain in the clerk's office a roster of attorneys licensed to practice law in Kansas. Such roster shall include the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, the congressional district of residence and the judicial district of residence for each person licensed to practice law in Kansas. Whenever any person licensed to practice law in Kansas moves from the residential address listed for such person on such roster, or when the name of any such person is changed by marriage or otherwise, such person, within 10 days thereafter, shall notify the clerk of the supreme court in writing of such person's old and new residential addresses or of such person's former and new names.
(b) Each person on the roster of attorneys licensed to practice law in Kansas on the effective date of this act, and for whom the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, is not correct on such roster on the effective date of this act, shall provide the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, in writing to the clerk of the supreme court within 60 days after the effective date of this act. The clerk of the supreme court, within 30 days after the effective date of this act, shall send notice to all persons listed on the roster of attorneys licensed to practice law in Kansas on the effective date of this act, that such persons are required by law to provide the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, in writing to the clerk of the supreme court within 60 days of the effective date of this act.
(c) Only attorneys licensed to practice law in Kansas and residing in Kansas on or before the 15th day of February preceding the selection of the chairperson of the supreme court nominating commission as provided in K.S.A. 20-119, and amendments thereto, and only attorneys so licensed and residing in the congressional district on or before the 15th day of February preceding the selection of the members of the supreme court nominating commission to be chosen from among the members of the bar of such congressional district as provided in K.S.A. 20-120, and amendments thereto, and, in either event, only attorneys for whom the roster of attorneys licensed to practice law in Kansas contains the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, shall be entitled to make nominations or receive and cast ballots in such selections.
(d) (1) On or before the 20th day of February preceding the selection of a chairperson of the supreme court nominating commission, the clerk of the supreme court shall transmit a certified copy of the roster of attorneys licensed to practice law in Kansas to the secretary of state. Such certified copy shall include the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, for each person listed on the roster and having a residential address within Kansas as of the preceding 15th day of February.
(2) On or before the 20th day of February preceding the selection of a member of the supreme court nominating commission to be chosen from among the members of the bar of a congressional district, the clerk of the supreme court shall transmit a certified copy of the roster of attorneys licensed to practice law in Kansas to the secretary of state. Such certified copy shall include the information enumerated in K.S.A. 25-2309(b)(1) through (5), and amendments thereto, for each person listed on the roster and having a residential address within the congressional district as of the preceding 15th day of February.
(3) The certified copy of the roster shall be transmitted in a format prescribed by the secretary of state. Upon receipt of such certified roster, the secretary of state shall append thereto the unique voter identification number for each person listed on the roster having such a number, as contained in the centralized voter registration database described in K.S.A. 25-2304, and amendments thereto.
(e) Notwithstanding any other provision of law, the names, residential addresses, dates of birth, unique voter identification numbers and dates of licensure to practice law in Kansas of all persons listed on the certified roster of attorneys licensed to practice law in Kansas created pursuant to subsection (d), including the information as appended to the roster pursuant to subsection (d), shall be disclosed upon proper request submitted to the clerk of the supreme court or to the secretary of state pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
History: L. 2016, ch. 93, § 2; July 1.
If any provision of this bill or the application thereof to any person or circumstances is held unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the bill which can be given effect without the unconstitutional or invalid portion or application, and, to this end, the provisions of this bill are severable.
History: L. 2016, ch. 93, § 16; July 1.
(a) Notwithstanding any other provisions of law, during any state of disaster emergency pursuant to K.S.A. 48-924, and amendments thereto, or any state of local disaster emergency established by K.S.A. 48-932, and amendments thereto, the chief justice of the Kansas supreme court may issue an order to extend or suspend any deadlines or time limitations established by statute or suspend the verification required pursuant to K.S.A. 38-2273, and amendments thereto, when the chief justice determines such action is necessary to secure the health and safety of court users, staff and judicial officers.
(b) Notwithstanding any other provisions of law, the chief justice of the Kansas supreme court may issue an order to authorize the use of two-way electronic audio-visual communication in any court proceeding when the chief justice determines such action is necessary to:
(1) Secure the health and safety of court users, staff and judicial officers; or
(2) expeditiously resolve pending cases.
(c) Any order issued pursuant to subsection (a) may remain in effect for up to 150 days after the applicable state of disaster emergency is terminated pursuant to K.S.A. 48-924, and amendments thereto, or state of local disaster emergency is terminated pursuant to K.S.A. 48-932, and amendments thereto. Any order in violation of this section shall be void.
(d) (1) For a deadline or time limitation that was extended or suspended because of an order issued pursuant to subsection (a), on the date such order terminates, a person shall have the same number of days to comply with the deadline or time limitation as the person had when the deadline or time limitation was extended or suspended; and
(2) for a deadline or time limitation that did not begin to run because of an order issued pursuant to subsection (a), on the date such order terminates, a person shall have the full period provided by law to comply with the deadline or time limitation.
(e) The provisions of subsections (a) and (c) shall expire on June 30, 2022.
History: L. 2020, ch. 4, § 1; L. 2020, ch. 1, § 24 (Special Session); L. 2021, ch. 8, § 1; March 30.
(a) The supreme court shall adopt rules for the establishment and operation of one or more specialty court programs within the state. The chief judge of a judicial district may establish a specialty court program in accordance with the rules adopted by the supreme court.
(b) (1) There is hereby established a specialty court funding advisory committee within the judicial branch. The committee shall:
(A) Evaluate resources available for assessment and treatment of people assigned to specialty courts or for the operation of specialty courts;
(B) secure grants, funds and other property and services necessary or advantageous to facilitate the operation of specialty courts;
(C) recommend to the judicial administrator the allocation of resources among the various specialty courts operating within the state; and
(D) recommend legislation and rules to aid the development of specialty courts.
(2) The committee shall consist of the following members:
(A) The chairperson of the standing committee on judiciary in the house of representatives, or the chairperson's designee;
(B) the chairperson of the standing committee on judiciary in the senate, or the chairperson's designee;
(C) the chairperson of the legislative budget committee created pursuant to K.S.A. 46-1208, and amendments thereto, or the chairperson's designee;
(D) one member of the legislature from the minority party appointed jointly by the minority leader in the house of representatives and the minority leader in the senate;
(E) five members appointed by the chief justice of the supreme court, including one representative of the prosecutors throughout the state and one representative of the criminal defense attorneys throughout the state;
(F) one member appointed by the secretary of corrections who shall serve as an ex officio, nonvoting member;
(G) one member appointed by the secretary for aging and disability services who shall serve as an ex officio, nonvoting member; and
(H) a drug and alcohol addiction treatment provider appointed by the Kansas sentencing commission who shall serve as an ex officio, nonvoting member.
(3) Three members appointed by the chief justice shall be appointed for a term of three years. Two members appointed by the chief justice shall be appointed for a term of two years. The ex officio, nonvoting members shall be appointed for a term of two years. Members shall serve until a qualified successor is appointed. Vacancies shall be filled in the same manner as provided in this subsection. Members of the committee shall be appointed prior to August 1, 2022.
(4) The chief justice of the supreme court shall designate the chairperson of the committee.
(5) The office of judicial administration may provide technical assistance to the committee.
(6) All members of the committee who are not judicial members shall receive compensation, travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto. Judicial members shall receive reimbursement for travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto.
(7) Nothing in this section shall prohibit any judicial district, local government or the judicial branch from directly applying for, receiving and retaining funding to facilitate the operation of specialty courts. Funds received by a judicial district or local government shall not be remitted to the state treasurer in accordance with this section.
(c) (1) There is hereby established the specialty court resources fund in the state treasury which shall be administered by the judicial administrator. All expenditures from the specialty court resources fund shall be for the purpose of operating specialty court programs established pursuant to this section, including administrative costs related to such programs. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the judicial administrator or the judicial administrator's designee.
(2) Funds acquired through appropriations, grants, gifts, contributions and other public or private sources that are designated for specialty court operations shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount into the state treasury to the credit of the specialty court resources fund.
(d) (1) If a person is sentenced to participate in a specialty courts program pursuant to K.S.A. 21-6604, and amendments thereto, and the person successfully completes such program, the person's sentence may be reduced or modified.
(2) Nothing in this subsection shall be construed to authorize a judge to impose, modify or reduce a sentence below the minimum sentence required by law.
(e) For the purposes of this section, "specialty court" means a district court program that uses therapeutic or problem-solving procedures to address underlying factors that may be contributing to a person's involvement in the judicial system, including, but not limited to, mental illness or drug, alcohol or other addictions. Procedures may include treatment, mandatory periodic testing for prohibited drugs or other substances, community supervision and appropriate sanctions and incentives.
History: L. 2022, ch. 79, § 1; July 1.
Revisor's Note: This section previously contained rules of the supreme court. Rules of the supreme court relating to judicial conduct are now published by the Supreme Court Reporter, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1507.
The clerk of the supreme court shall remit all moneys received by or for such clerk from fees, costs, other charges or penalties of the state board of law examiners from bar discipline program administration and activities to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the bar discipline fee fund, which shall not be a part of the state treasury. All expenditures from such fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the supreme court or by a person or persons designated by the chief justice. Amounts deposited under this section shall not be subject to any limitation imposed by any appropriation act by the legislature. All receipts, accounts, expenditures and other disbursements from the fee fund established by this section shall be subject to post audit in accordance with article 11 of chapter 46 of Kansas Statutes Annotated, and amendments thereto.
History: L. 1973, ch. 129, § 1; L. 2001, ch. 5, § 70; July 1.
The clerk of the supreme court shall remit all moneys received by or for such clerk from applicants for examination for certified shorthand reporter to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund, and the balance shall be credited to the court reporters fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the supreme court or by a person or persons designated by the chief justice. Compensation of members and other actual and necessary expenses of the state board of examiners of court reporters shall be paid from such fund as authorized by the rules of the supreme court.
History: L. 1973, ch. 129, § 2; L. 2001, ch. 5, § 71; L. 2011, ch. 53, § 10; July 1.
The clerk of the supreme court shall remit all moneys received by or for such clerk from applicants for admission to the practice of law in Kansas, except amounts received for immediate remittance to carry out contractual investigation and report of bar applicants to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the bar admission fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the supreme court or by a person or persons designated by the chief justice. Compensation of members and other actual and necessary expenses of the state board of law examiners may be paid from such fund.
History: L. 1973, ch. 129, § 3; L. 2001, ch. 5, § 72; L. 2011, ch. 53, § 11; July 1.
The clerk of the supreme court shall remit all moneys received by or for such clerk for docket fees, and all amounts received for other purposes than those specified in K.S.A. 20-1a01, 20-1a02 or 20-1a03, and amendments thereto, unless by order of the supreme court such clerk is directed to make other disposition thereof to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1973, ch. 129, § 4; L. 2000, ch. 177, § 3; L. 2001, ch. 5, § 73; L. 2008, ch. 95, § 4; Revived and amended, L. 2016, ch. 78, § 3; L. 2022, ch. 34, § 2; July 1.
Expenditures of the supreme court shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the supreme court or by a person or persons designated by him, unless otherwise provided by law.
History: L. 1973, ch. 129, § 5; July 1.
The clerk of the supreme court may temporarily deposit all moneys received by or for him from bar applicants, and other amounts specified by order of the supreme court to be received for deposits or other purposes in a bank checking account of a bank located in Topeka and selected by the chief justice of the supreme court. All expenditures from such bank account shall be made upon checks signed by the clerk of the supreme court or his deputy unless otherwise ordered by the supreme court. Amounts deposited under this section, except amounts which are required by K.S.A. 20-1a03 to be remitted to the state treasurer, shall not be subject to any limitation imposed by any appropriation act of the legislature. The provisions of K.S.A. 75-4214, 75-4215 and 75-4217 shall not apply to the bank account authorized by this section nor to moneys deposited therein which are not required to be remitted to the state treasurer. All receipts, accounts, expenditures and other disbursements from the bank account established under authority of this section shall be subject to post-audit in accordance with article 11 of chapter 46 of Kansas Statutes Annotated, and any amendments thereto, but shall not be subject to pre-audit by the director of accounts and reports.
History: L. 1973, ch. 129, § 6; July 1.
Except as otherwise provided in K.S.A. 20-1a06, nothing in this act shall be deemed to authorize remittances to be made less frequently than is authorized under K.S.A. 75-4215.
History: L. 1973, ch. 129, § 7; July 1.
(a) There is hereby created in the state treasury a judicial branch education fund.
(b) All money credited to the fund shall be used for the purpose of educating and training judicial branch officers and employees; for administering the training, testing and education of municipal judges as provided in K.S.A. 12-4114, and amendments thereto; for educating and training municipal judges and municipal court support staff; and for the planning and implementation of a family court system as provided by law. Expenditures from the judicial branch education fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the supreme court or by a person or persons designated by the chief justice.
(c) The chief justice may apply for, receive and accept money from any source for the purposes for which money in the judicial branch education fund may be expended. Upon receiving any such money, the chief justice shall remit the entire amount to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the judicial branch education fund.
(d) Upon the effective date of this act, the director of accounts and reports is directed to transfer all moneys in the municipal judge training fund to the judicial branch education fund. Upon the effective date of this act, all liabilities of the municipal judge training fund existing prior to such date are hereby imposed on the judicial branch education fund. Whenever the municipal judge training fund, or words of like effect, is referred to or designated by any statute, contract, or other document, such reference or designation shall be deemed to apply to the judicial branch education fund. The municipal judge training fund is hereby abolished.
History: L. 1992, ch. 315, § 1; L. 1997, ch. 156, § 35; L. 2001, ch. 5, § 74; July 1.
(a) There is hereby established in the state treasury a judiciary technology fund.
(b) Moneys in the judiciary technology fund shall be used to:
(1) Establish, operate and maintain a state-wide system of electronic remote access, at no cost to users, to court records that are otherwise publicly available;
(2) implement technological improvements in the Kansas court system; and
(3) fund meetings of the judicial council technology advisory committee at the judicial council reimbursement rate pursuant to K.S.A. 20-2206, and amendments thereto. Expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the Kansas Supreme Court or a person designated by the chief justice.
History: L. 1992, ch. 128, § 4; L. 1992, ch. 315, § 12; L. 2006, ch. 148, § 2; July 1.
The judicial administrator of the courts shall contract with credit card companies to provide for collection of bank card drafts from valid and unexpired credit cards used to pay for any docket fee, filing fee, fax service charge, and any other fee or charge. Any discount from the face value of a bank card draft shall not exceed 3%. All contracts entered into under this section shall be exempt from the provisions of K.S.A. 75-3739 to 75-3744, inclusive, and amendments thereto. Any fax service charge shall include an amount to cover the cost of accepting a bank card draft.
History: L. 1992, ch. 128, § 3; July 1.
(a) There is hereby established in the state treasury the judicial branch nonjudicial salary initiative fund.
(b) All moneys credited to the judicial branch nonjudicial salary initiative fund shall be used for compensation of nonjudicial officers and employees of the district courts, court of appeals and the supreme court and shall not be expended for compensation of judges or justices of the judicial branch. Moneys in the fund shall be used only to pay for that portion of the cost of salaries and wages of nonjudicial personnel of the judicial branch, including associated employer contributions, which shall not exceed the difference between the amount of expenditures that would be required under the judicial branch pay plan for nonjudicial personnel in effect prior to the effective date of this act and the amount of expenditures required under the judicial branch pay plan for nonjudicial personnel after the cost-of-living adjustments and the adjustments for upgrades in pay rates for nonjudicial personnel approved by the chief justice of the Kansas supreme court for fiscal year 2001. For fiscal years commencing on and after June 30, 2001, moneys in such fund shall be used only for the amount attributable to maintenance of the judicial branch pay plan for nonjudicial personnel for such adjustments and upgrades approved by the chief justice of the supreme court for fiscal year 2001.
(c) All expenditures from the judicial branch nonjudicial salary initiative fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to payrolls approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.
(d) The enactment of this legislation shall not be considered a statement of legislative intent to endorse future state general fund financing for ensuing fiscal years for the proposed nonjudicial pay plan contained in the report to the Kansas supreme court by the nonjudicial salary initiative entitled nonjudicial employee compensation submitted to the 2000 legislature.
History: L. 2000, ch. 177, § 1; July 1.
(a) There is hereby established in the state treasury the judicial branch nonjudicial salary adjustment fund.
(b) All moneys credited to the judicial branch nonjudicial salary adjustment fund shall be used for compensation of nonjudicial officers and employees of the district courts, court of appeals and the supreme court and shall not be expended for compensation of judges or justices of the judicial branch.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the judicial branch nonjudicial salary adjustment fund interest earnings based on:
(1) The average daily balance of moneys in the judicial branch nonjudicial salary adjustment fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the judicial branch nonjudicial salary adjustment fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to payrolls approved by the chief justice of the Kansas supreme court or by a person or persons designated by the chief justice.
History: L. 2008, ch. 95, § 1; L. 2014, ch. 1, § 2; L. 2014, ch. 125, § 2; L. 2017, ch. 80, § 24; July 1.
Revisor's Note: L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 Kan. 512, 364 P.3d 536 (2015).
History: L. 2014, ch. 82, § 4; Repealed, L. 2016, ch. 78, § 10; July 1.
The provisions of this act* are not severable. If any provision of this act is stayed or is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would not have enacted the remainder of such act without such stayed, invalid or unconstitutional provision.
History: L. 2014, ch. 82, § 43; July 1.
History: L. 2015, ch. 81, § 29; Repealed, L. 2016, ch. 2, § 2; February 11.
The provisions of 2015 House Bill No. 2005, chapter 81 of the 2015 Session Laws of Kansas, are severable. If any provision of 2015 House Bill No. 2005, chapter 81 of the 2015 Session Laws of Kansas, is held to be invalid or unconstitutional, the legislature declares by this act that the remainder of 2015 House Bill No. 2005, chapter 81 of the 2015 Session Laws of Kansas, shall remain in force and effect without such invalid or unconstitutional provision.
History: L. 2016, ch. 2, § 1; February 11.
There is hereby created in the state treasury the electronic filing and management fund. All expenditures from the electronic filing and management fund shall be for purposes of creating, implementing and managing an electronic filing and centralized case management system for the state court system and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chief justice of the supreme court or by a person designated by the chief justice.
History: L. 2016, ch. 78, § 1; July 1.
The reporter of the supreme court, appointed by the judges of said court according to the provisions of the constitution, shall, before entering upon the duties of his office, and within thirty days of his appointment, take and subscribe the oath of office, and cause the same to be filed in the office of the secretary of state.
History: L. 1867, ch. 120, § 1; May 27; G.S. 1868, ch. 27, p. 301, § 1; R.S. 1923, 20-201.
It shall be the duty of the justices of the supreme court to prepare and deliver to the reporter full notes of all decisions made by them, which they shall deem of sufficient importance to publish, within sixty days after the close of the term at which the causes are tried, in which such decisions are made.
History: L. 1867, ch. 120, § 2; May 27; G.S. 1868, ch. 27, p. 301, § 2; R.S. 1923, 20-202.
A syllabus of the points of law decided in any case in the supreme court shall be stated in writing by the judge delivering the opinion of the court, which shall be confined to points of law arising from the facts in the case, that have been determined by the court, and the syllabus shall be submitted to the judges concurring therein for revisal before publication thereof; and it shall be inserted in the book of reports without alteration, unless by consent of the judges concurring therein.
History: L. 1867, ch. 120, § 3; May 27; G.S. 1868, ch. 27, p. 301, § 3; R.S. 1923, 20-203.
The reporter shall prepare all such decisions for publication. The report of each case shall contain the title of the case, a syllabus of the points decided, a statement of so much of the facts of the case as may be necessary to understand the decision, the names of counsel, and the opinion of the court: Provided, That a memorandum opinion may be prepared in any case where no new question of law is decided or which is otherwise considered as having no value as a precedent. Such a memorandum opinion need not contain a syllabus or statement of facts. Each volume shall contain a list of all the cases reported, alphabetically arranged, and also a complete index.
History: L. 1867, ch. 120, § 4; G.S. 1868, ch. 27, p. 301, § 4; R.S. 1923, 20-204; L. 1972, ch. 96, § 1; March 25.
The cases decided by the supreme court of this state which the court deem of sufficient importance to be published and those of the court of appeals which are to be published pursuant to rule of the supreme court shall be prepared by the reporter and delivered to the director of printing, who shall as speedily as possible print and publish such number of copies of each volume of the reports as shall be specified by the reporter, and deliver the same to the state law librarian. No volume shall contain less than seven hundred and fifty (750) pages, including the index.
History: L. 1889, ch. 247, § 1; L. 1901, ch. 171, § 1; R.S. 1923, 20-205; L. 1974, ch. 135, § 4; L. 1976, ch. 147, § 2; January 10, 1977.
The reporter shall cause each volume of reports hereafter published to be copyrighted for the use and benefit of the state of Kansas; and all papers and certificates relating to such copyright shall be filed and preserved in the office of the secretary of state.
History: L. 1889, ch. 247, § 2; May 25; R.S. 1923, 20-206.
The director of printing shall hereafter deliver the whole number of copies of reports of the supreme court and court of appeals required to be published to the state law librarian as soon as completed; and when the whole edition of any volume shall be so delivered, the librarian shall certify that fact to the secretary of state, who shall thereupon ascertain the amount due the director of printing therefor, and audit and certify the same to the director of accounts and reports for payment.
History: L. 1889, ch. 247, § 3; R.S. 1923, 20-207; L. 1974, ch. 135, § 5; L. 1976, ch. 147, § 3; January 10, 1977.
(a) When the reports of the decisions of the supreme court or court of appeals are delivered, the state law librarian shall use as many thereof as may be necessary to maintain reasonable and equitable exchanges of such reports for law books and other legal publications of the other states, territories, countries, societies and institutions, for use in the supreme court law library. As used herein, "Kansas reports" shall mean the reports of the decisions of the supreme court and court of appeals. The state law librarian shall distribute copies of the Kansas reports without charge, as follows:
(1) The supreme court, the court of appeals and the office of the attorney general shall receive the number of copies necessary to conduct the official business of such office, as certified to the state law librarian by the head or executive officer of the respective agencies;
(2) The office of each elected state official, other than those specifically provided for herein, shall receive one copy;
(3) The law library of the school of law of the university of Kansas shall receive 30 copies to maintain its sets of Kansas reports and for exchange purposes, and the law library of the school of law of Washburn university of Topeka shall receive 30 copies to maintain its sets of Kansas reports and for exchange purposes;
(4) The state library and the libraries of Emporia state university, Fort Hays state university, Pittsburg state university, Kansas state university, and Wichita state university shall receive two copies to maintain its set of Kansas reports;
(5) The United States district court for the district of Kansas shall receive six copies;
(6) The office of each judge of the district court shall each receive one copy;
(7) The Lansing correctional facility and the Hutchinson correctional facility shall each receive one copy for the use of inmates at such institutions and one copy for the use of the legal advisor at such institutions;
(8) The library of congress shall receive two copies in order to complete the copyright of said reports;
(9) One copy shall be deposited with the appropriate office of the United States post office in order to obtain a postal permit for mailing such reports;
(10) A personal copy of the reports shall be presented to each justice of the supreme court, each judge of the court of appeals, the clerk of the supreme court, the supreme court reporter, and the judicial administrator of the district courts. Also, a personal copy shall be sent to any retired supreme court justice, judge of the court of appeals, district judge or associate district judge, if such retired judge or justice files with the clerk of the supreme court annually a certificate stating that such judge or justice is not engaged in the active practice of law and is willing to accept judicial assignments; and
(11) The legislative coordinating council shall receive the number of copies necessary to conduct the official business of the legislative branch of government, as certified to the state law librarian by the legislative coordinating council.
(b) Except as otherwise specifically provided in paragraph (10) of subsection (a), all copies of the Kansas reports distributed pursuant to subsection (a) or purchased by any governmental agency or subdivision shall become the property of such office, agency or subdivision, which shall be accountable therefor, and the state law librarian shall not distribute any reports to any others or for any other purpose, but shall be responsible for the remaining volumes of said reports, which shall be sold at the per volume price fixed by the supreme court under this section for each current volume, plus the amount fixed by the supreme court under this section for the cost of postage and handling, and the per volume price fixed by the supreme court under this section for each noncurrent volume which has not been reprinted, plus the amount fixed by the supreme court under this section for the cost of postage and handling. The supreme court shall have authority to order printed such additional copies of the reports of the supreme court as in its judgment will be necessary to supply the demand upon the state law librarian for the same. The state law librarian shall sell any noncurrent volume which is reprinted at the per volume price fixed by the supreme court under this section, plus the amount fixed by the supreme court under this section for the cost of postage and handling. All purchases of reports shall be made by payment in advance. The supreme court shall fix the per volume price for copies of these Kansas reports sold under this section to recover the costs of printing and binding such volumes and shall fix the amount to be charged in connection with the sale of each of such volumes to cover the costs of postage and handling applicable thereto. The supreme court shall revise all such prices from time to time as necessary for the purposes of covering or recovering such costs.
(c) It shall be the duty of the director of printing, under the direction of the supreme court, to make and preserve for future use proofs, matrices, plates, computer tapes or impressions of all volumes of the reports of the supreme court and such other publications as the supreme court may designate. The director of printing shall not make or permit to be made any proofs, matrices, plates, computer tapes or impressions of any book published by the judicial branch of the state government except for the use of the state, as herein provided, and all proofs, matrices, plates, computer tapes or impressions so made for any book published by the judicial branch of the state government shall be the exclusive property of the state, except that the director of printing may grant a revocable license to any nonprofit corporation whereby such corporation may utilize the services of equipment and personnel under the supervision of the director of printing for the purpose of converting reports of the Kansas supreme court and the Kansas court of appeals to machine readable form for use by such corporation in providing computerized legal research services, subject to protection of the state's copyright as to any purpose unnecessary for such computerized legal research.
History: L. 1909, ch. 117, § 1; R.S. 1923, 20-208; L. 1941, ch. 206, § 1; L. 1947, ch. 221, § 1; L. 1960, ch. 46, § 1; L. 1965, ch. 213, § 1; L. 1969, ch. 164, § 1; L. 1970, ch. 118, § 1; L. 1974, ch. 135, § 6; L. 1975, ch. 181, § 1; L. 1976, ch. 147, § 4; L. 1976, ch. 151, § 4; L. 1977, ch. 106, § 1; L. 1978, ch. 109, § 1; L. 1980, ch. 95, § 1; L. 1990, ch. 309, § 10; May 24.
History: L. 1925, ch. 263, § 1; L. 1927, ch. 310, § 1; L. 1929, ch. 264, § 1; L. 1931, ch. 169, § 1; L. 1965, ch. 213, § 2; Repealed, L. 1970, ch. 118, § 7; July 1.
The state law librarian shall provide the legislative coordinating council with the number of complete sets of available Kansas reports necessary to conduct the official business of the legislative branch of government, as certified to the state law librarian by the legislative coordinating council, without charge.
History: L. 1975, ch. 181, § 2; July 1.
Whenever a new district judge position is created, the state law librarian shall provide a complete set of available Kansas reports to the clerk of the district court of the county of residence of the judge elected or appointed to such position. If any district judgeship is abolished, it shall be the duty of the clerk of the district court of the district where the judgeship was located to return to the state law librarian all Kansas reports which were acquired by such court without charge under the provisions of this act or the acts of which this act is amendatory. Whenever a person is elected or appointed to succeed to the office of district judge, it shall be the duty of the clerk of the district court of the county where the person's predecessor in office kept the set of Kansas reports, accountable by such office, to deliver such reports to the person so elected or appointed.
History: L. 1911, ch. 161, § 1; R.S. 1923, 20-209; L. 1929, ch. 161, § 1; L. 1970, ch. 118, § 2; L. 1974, ch. 135, § 7; L. 1976, ch. 145, § 83; L. 1978, ch. 109, § 2; L. 1986, ch. 115, § 30; January 12, 1987.
The state law librarian is hereby authorized to replace without charge volumes of the Kansas reports which have been destroyed by fire, flood or other natural catastrophe, only if the same were originally delivered to and in the custody of an office or agency authorized to receive reports without charge pursuant to K.S.A. 20-208.
History: L. 1909, ch. 117, § 2; R.S. 1923, 20-210; L. 1947, ch. 221, § 2; L. 1970, ch. 118, § 3; L. 1974, ch. 135, § 8; July 1, 1975.
The state law librarian shall have authority to order advance sheets of the reports of the supreme court and court of appeals to be printed for distribution and temporary use until the reports themselves are issued. Upon such order it shall be the duty of the reporter, as soon as possible after they are filed, to prepare for publication, and of the director of printing immediately thereafter to print the syllabi and decisions of the court in the same form the permanent report will bear, but upon inexpensive paper and to be bound in paper. The number of copies of each issue shall be specified in the order. When issued they shall be delivered to the state law librarian, to be distributed in the manner provided in K.S.A. 20-208 for distributing copies of the Kansas reports, except that no copies of advance sheets shall be delivered to a law library for exchange purposes. The remaining copies shall be sold at the per copy price fixed by the supreme court under this section, plus the amount fixed by the supreme court under this section for the cost of postage and handling. Said librarian may sell subscriptions to the current advance sheets and permanent report together for the subscription price fixed by the supreme court under this section, plus the amount fixed by the supreme court under this section for the cost of any postage and handling, the same to be paid in advance and if any one person, firm, association or corporation shall subscribe for two hundred (200) or more copies of any bound volume and the advance sheets thereto, the state law librarian may sell subscriptions to such persons, firm, associations and corporations to the advance sheets and permanent report together for a reduced subscription price fixed by the supreme court under this section, plus the amount fixed by the supreme court under this section for the cost of postage and handling, the same to be paid in advance. Upon order of the court any opinion may be withheld from publication in the advance sheets until such time as it may designate. The increased prices provided for in this section shall apply to current reports and advance sheets commencing with volume 224, and subscriptions for earlier volumes and advance sheets, or purchases of advance sheets of earlier volumes, shall be at the rate prescribed by this section prior to this amendment. All copies of advance sheets distributed pursuant to this section or purchased by any governmental agency or subdivision may be removed from the inventory of such office, agency or subdivision upon publication of the volume of the Kansas reports for which such advance sheets were issued. The supreme court shall fix the per copy prices, subscription prices, and reduced subscription prices for advance sheets and permanent reports sold under this section to recover the costs of printing and binding such advance sheets and permanent reports and shall fix the amount to be charged in connection with the sale and distribution of such advance sheets and permanent reports under this section to cover the costs of postage and handling applicable thereto. The supreme court shall revise all such prices from time to time as necessary for the purposes of covering or recovering such costs.
History: L. 1909, ch. 117, § 3; R.S. 1923, 20-211; L. 1947, ch. 221, § 3; L. 1960, ch. 46, § 2; L. 1963, ch. 422, § 11; L. 1969, ch. 164, § 2; L. 1970, ch. 118, § 4; L. 1974, ch. 135, § 9; L. 1976, ch. 147, § 5; L. 1980, ch. 95, § 2; July 1.
The state law librarian is authorized and directed to sell the Kansas courts of appeals reports and proceedings and debates of the Wyandotte constitutional convention now in his hands at a cost of two dollars ($2) per volume, plus fifty cents (50¢) for postage and handling, to be paid in advance.
History: L. 1905, ch. 497, § 3; R.S. 1923, 20-212; L. 1970, ch. 118, § 5; L. 1974, ch. 135, § 10; July 1, 1975.
The state law librarian shall remit all moneys received by or for such librarian from the sale of reports of the supreme court and from the sale of court of appeals reports to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the library report fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state law librarian or by a person or persons designated by such state librarian. The state law librarian may make expenditures from such fund for the purpose of paying the cost of transportation, handling and storage charges incurred by the state librarian in the sale, delivery and storage of such reports, including the cost of providing shelving for their storage, and for the purchase of library materials related to the subject of law and the rebinding of same, and for the purpose of reprinting volumes of such reports.
History: L. 1889, ch. 247, § 5; R.S. 1923, 20-213; L. 1947, ch. 221, § 4; L. 1970, ch. 118, § 6; L. 1973, ch. 309, § 12; L. 1974, ch. 135, § 11; L. 2001, ch. 5, § 75; July 1.
History: L. 1889, ch. 247, § 6; R.S. 1923, 20-214; L. 1943, ch. 269, § 8; L. 1965, ch. 213, § 3; Repealed, L. 1970, ch. 118, § 7; July 1.
There shall be in each county a district court, which shall be a court of record, and shall have general original jurisdiction of all matters, both civil and criminal, unless otherwise provided by law, and also shall have such appellate jurisdiction as prescribed by law.
History: G.S. 1868, ch. 28, § 1; R.S. 1923, 20-301; L. 1951, ch. 243, § 1; L. 1971, ch. 176, § 14; L. 1976, ch. 146, § 9; January 10, 1977.
There shall be two classes of judges of the district courts established pursuant to K.S.A. 20-301: District judges and district magistrate judges. As used in this act, "judge of the district court" means any of such judges. Such judges shall have the jurisdiction, powers and duties prescribed by this act and otherwise prescribed by law. The judicial power and authority of a judge of the district court in each judicial district may be exercised anywhere within such judicial district and may be exercised anywhere within any other judicial district when assigned to hear any proceeding or try any cause in such judicial district, as provided in K.S.A. 20-319, and amendments thereto.
History: L. 1976, ch. 146, § 10; L. 1986, ch. 115, § 31; January 12, 1987.
In each county of this state there shall be at least one judge of the district court who is a resident of and has the judge's principal office in that county.
History: L. 1983, ch. 105, § 12; L. 1984, ch. 111, § 1; July 1.
The district judge provided for in the Kansas constitution shall have and exercise the full judicial power and authority of a district court.
History: G.S. 1868, ch. 28, § 2; R.S. 1923, 20-302; L. 1965, ch. 214, § 1; L. 1976, ch. 146, § 11; January 10, 1977.
History: L. 1976, ch. 146, § 12; L. 1980, ch. 94, § 4; Repealed, L. 1986, ch. 115, § 105; January 12, 1987.
(a) Subject to assignment pursuant to K.S.A. 20-329, and amendments thereto, a district magistrate judge shall have the jurisdiction and power, in any case in which a violation of the laws of the state is charged, to conduct the trial of traffic infractions, violations of the wildlife and parks laws of this state or rules and regulations adopted thereunder, cigarette or tobacco infractions or misdemeanor charges, to conduct felony first appearance hearings and the preliminary examination of felony charges and to hear misdemeanor or felony arraignments. A district magistrate judge shall have jurisdiction over uncontested actions for divorce. Except as otherwise specifically provided in this section, a district magistrate judge shall have jurisdiction over actions filed under the code of civil procedure for limited actions, K.S.A. 61-2801 et seq., and amendments thereto, and all other civil cases, and shall have concurrent jurisdiction, powers and duties with a district judge. Except with consent of the parties, or as otherwise specifically provided in this section, a district magistrate judge shall not have jurisdiction or cognizance over the following actions:
(1) Any action, other than an action seeking judgment for an unsecured debt not sounding in tort and arising out of a contract for the provision of goods, services or money, in which the amount in controversy, exclusive of interests and costs, exceeds $10,000. The provisions of this subsection shall not apply to actions filed under the code of civil procedure for limited actions, K.S.A. 61-2801 et seq., and amendments thereto. In actions of replevin, the affidavit in replevin or the verified petition fixing the value of the property shall govern the jurisdiction. Nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to hear any action pursuant to the Kansas probate code or to issue support orders as provided by subsection (a)(6);
(2) actions against any officers of the state, or any subdivisions thereof, for misconduct in office;
(3) actions for specific performance of contracts for real estate;
(4) actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established. Nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in the acts contained in K.S.A. 61-3801 through 61-3808, and amendments thereto. Nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to hear any action pursuant to the Kansas probate code;
(5) actions to foreclose real estate mortgages or to establish and foreclose liens on real estate as provided in the acts contained in article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto;
(6) contested actions for divorce, separate maintenance or custody of minor children. Nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to:
(A) Except as provided in subsection (e), hear any action pursuant to the Kansas code for care of children or the revised Kansas juvenile justice code;
(B) establish, modify or enforce orders of support, including, but not limited to, orders of support pursuant to the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto, the uniform interstate family support act, K.S.A. 23-36,101 et seq., and amendments thereto, articles 29 or 30 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 39-709, 39-718b or 39-755 or K.S.A. 23-3101 through 23-3113, 38-2348, 38-2349 or 38-2350, and amendments thereto; or
(C) enforce orders granting visitation rights or parenting time;
(7) habeas corpus;
(8) receiverships;
(9) declaratory judgments;
(10) mandamus and quo warranto;
(11) injunctions;
(12) class actions; and
(13) actions pursuant to K.S.A. 59-29a01 et seq., and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in the absence, disability or disqualification of a district judge, a district magistrate judge may:
(1) Grant a restraining order, as provided in K.S.A. 60-902, and amendments thereto;
(2) appoint a receiver, as provided in K.S.A. 60-1301, and amendments thereto; and
(3) make any order authorized by K.S.A. 23-2707, and amendments thereto.
(c) (1) Every action or proceeding before a district magistrate judge regularly admitted to practice law in Kansas shall be on the record if such action or proceeding would be on the record before a district judge.
(2) In accordance with the limitations and procedures prescribed by law, and subject to any rules of the supreme court relating thereto, any appeal permitted to be taken from an order or final decision of a district magistrate judge:
(A) Who is not regularly admitted to practice law in Kansas shall be tried and determined de novo by a district judge, except that in civil cases where a record was made of the action or proceeding before the district magistrate judge, the appeal shall be tried and determined on the record by a district judge; and
(B) who is regularly admitted to practice law in Kansas shall be to the court of appeals.
(d) Except as provided in subsection (e), upon motion of a party, the chief judge may reassign an action from a district magistrate judge to a district judge.
(e) Upon motion of a party, the chief judge shall reassign a petition or motion requesting termination of parental rights pursuant to K.S.A. 38-2266 and 38-2267, and amendments thereto, from a district magistrate judge to a district judge.
(f) This section shall apply to every action or proceeding on or after July 1, 2014, regardless of the date such action or proceeding was filed or commenced.
History: L. 1976, ch. 146, § 13; L. 1977, ch. 112, § 2; L. 1979, ch. 92, § 12; L. 1979, ch. 80, § 2; L. 1983, ch. 140, § 3; L. 1984, ch. 39, § 31; L. 1985, ch. 115, § 30; L. 1986, ch. 115, § 32; L. 1986, ch. 137, § 1; L. 1986, ch. 137, § 2; L. 1990, ch. 212, § 1; L. 1992, ch. 312, § 30; L. 1995, ch. 193, § 11; L. 1996, ch. 214, § 23; L. 1998, ch. 148, § 1; L. 1999, ch. 159, § 1; L. 2000, ch. 171, § 3; L. 2001, ch. 157, § 1; L. 2004, ch. 71, § 6; L. 2006, ch. 169, § 92; L. 2007, ch. 195, § 10; L. 2011, ch. 26, § 40; L. 2012, ch. 162, § 30; L. 2014, ch. 71, § 1; L. 2015, ch. 53, § 1; L. 2023, ch. 7, § 18; July 1.
History: L. 1976, ch. 146, § 13; L. 1977, ch. 112, § 2; L. 1979, ch. 92, § 12; L. 1979, ch. 80, § 2; L. 1983, ch. 140, § 3; L. 1984, ch. 39, § 31; L. 1985, ch. 115, § 30; L. 1986, ch. 115, § 32; L. 1986, ch. 137, § 1; L. 1986, ch. 137, § 2; L. 1990, ch. 212, § 1; L. 1992, ch. 312, § 30; L. 1995, ch. 193, § 11; L. 1996, ch. 229, § 21; Repealed, L. 1998, ch. 148, § 2; July 1.
History: L. 1976, ch. 146, § 13; L. 1977, ch. 112, § 2; L. 1979, ch. 92, § 12; L. 1979, ch. 80, § 2; L. 1983, ch. 140, § 3; L. 1984, ch. 39, § 31; L. 1985, ch. 115, § 30; L. 1986, ch. 115, § 32; L. 1986, ch. 137, § 1; L. 1986, ch. 137, § 2; L. 1990, ch. 212, § 1; L. 1992, ch. 312, § 30; L. 1995, ch. 193, § 11; L. 1996, ch. 214, § 23; L. 1998, ch. 148, § 1; L. 1999, ch. 159, § 1; L. 2000, ch. 161, § 103; Repealed, L. 2001, ch. 157, § 2; July 1.
History: L. 1976, ch. 146, § 13; L. 1977, ch. 112, § 2; L. 1979, ch. 92, § 12; L. 1979, ch. 80, § 2; L. 1983, ch. 140, § 3; L. 1984, ch. 39, § 31; L. 1985, ch. 115, § 30; L. 1986, ch. 115, § 32; L. 1986, ch. 137, § 1; L. 1986, ch. 137, § 2; L. 1990, ch. 212, § 1; L. 1992, ch. 312, § 30; L. 1995, ch. 193, § 11; L. 1996, ch. 214, § 23; L. 1998, ch. 148, § 1; L. 1999, ch. 159, § 1; L. 2000, ch. 171, § 3; L. 2001, ch. 157, § 1; L. 2004, ch. 71, § 6; L. 2006, ch. 200, § 81; Repealed, L. 2007, ch. 195, § 59; July 1.
The secretary of state shall furnish each county organized for judicial purposes, a seal for the district court, which shall contain the words, "District court, ______ county, Kansas," inserting the name of the county —which seal shall remain in the custody of the clerk of said court, and with which he shall authenticate all process and all of his official acts. Until a seal shall be provided, the clerk may use a private seal.
History: G.S. 1868, ch. 28, § 3; October 31; R.S. 1923, 20-303.
History: L. 1885, ch. 11, § 1; R.S. 1923, 20-304; Repealed, L. 1937, ch. 205, § 2; June 30.
That all official instruments to which the seal of the district court of any county in this state has been attached by the proper official, wherein the said seal purports to be the seal of the clerk of the district court instead of the seal of the district court, be and the same are hereby made legal and valid, and of the same force and effect as though said seal contained the exact words provided by the statutes of this state.
History: L. 1937, ch. 205, § 1; June 30.
History: G.S. 1868, ch. 28, § 4; L. 1901, ch. 151, § 1; R.S. 1923, 20-305; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: G.S. 1868, ch. 28, § 5; R.S. 1923, 20-306; L. 1933, ch. 168, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: G.S. 1868, ch. 28, § 6; R.S. 1923, 20-307; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: G.S. 1868, ch. 28, § 7; R.S. 1923, 20-308; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: G.S. 1868, ch. 28, § 8; L. 1911, ch. 155, § 1; R.S. 1923, 20-309; L. 1933, ch. 168, § 2; L. 1957, ch. 200, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 121, § 1; R.S. 1923, 20-310; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
(a) Subject to the budget limitations of the district court, the chief judge of any judicial district may appoint a judge pro tem within such judicial district: (1) For good cause shown; or (2) in the absence, sickness or disability of a district judge or district magistrate judge, whenever a district judge or district magistrate judge from another judicial district has not been assigned to replace such district judge or district magistrate judge as provided in K.S.A. 20-319, and amendments thereto.
(b) Any judge pro tem appointed pursuant to this section shall be a regularly admitted, active status member of the bar of this state. The appointment of any such judge pro tem shall be made by the chief judge or, in the absence of the chief judge, by the departmental justice for the judicial district.
(c) Any judge pro tem appointed pursuant to this section shall have the full power and authority of a district judge with respect to any actions or proceedings before such judge pro tem, except that any judge pro tem appointed pursuant to subsection (d) or (e) shall have only such power and authority as provided therein. A judge pro tem shall receive such compensation as is prescribed by the district court, subject to the budget limitations of such district court.
(d) Subject to the budget limitations of the district court, the chief judge of any judicial district may appoint one or more judges pro tem for the limited purpose of hearing the original trials of actions filed pursuant to the small claims procedures act or other action within the jurisdiction of a district magistrate judge as provided in K.S.A. 20-302b, and amendments thereto. Any such judge pro tem shall have only such judicial power and authority as is necessary to hear such actions. Any party aggrieved by any order of a judge pro tem under this subsection may appeal such order and such appeal shall be heard by a district judge de novo. If the appeal is a small claims action, the appeal shall be under K.S.A. 61-2709, and amendments thereto. If the appeal is an action within the jurisdiction of a district magistrate judge, the appeal shall be under K.S.A. 20-302b, and amendments thereto.
(e) Subject to the budget limitations of the district court, the chief judge of any judicial district in which the board of county commissioners is authorized to use the code for the enforcement of county codes and resolutions as provided in subsection (b) of K.S.A. 19-101d, and amendments thereto, may appoint one or more judges pro tem for the limited purpose of hearing such cases. Any such judge pro tem shall have only such power and authority as is necessary to hear such actions, and shall have the power to compel appearances before the court, to hold persons in contempt for failure to appear, and to issue bench warrants for appearances. Such judge pro tem shall receive the salary and other compensation set by resolution of the board of county commissioners which shall be paid from the revenues of the county general fund or other fund established for the purpose of financing code enforcement.
(f) The chief judge of each judicial district shall report to the judicial administrator of the courts: (1) The dates on which any judge pro tem served in such district, (2) the compensation paid to any judge pro tem, and (3) such other information as the judicial administrator may request with regard to the appointment of judges pro tem. The reports shall be submitted annually on or before January 15 on forms provided by the judicial administrator.
History: L. 1976, ch. 146, § 36; L. 1977, ch. 107, § 1; L. 1981, ch. 131, § 1; L. 1986, ch. 115, § 33; L. 1988, ch. 102, § 4; L. 1989, ch. 83, § 1; L. 1990, ch. 93, § 1; L. 1992, ch. 83, § 2; L. 1999, ch. 57, § 14; L. 2012, ch. 64, § 1; July 1.
(a) Upon stipulation of the parties to an action, the court may order the action to be heard and determined by a temporary judge who is a retired justice of the supreme court, retired judge of the court of appeals or retired judge of the district court. Such temporary judge shall be sworn and empowered to act as judge in the action until its final determination.
(b) Any action before a temporary judge pursuant to this section shall be conducted in the same manner as any other action before a judge of the district court and any order entered by such temporary judge may be appealed and enforced in the same manner as a similar order of a judge of the district court.
(c) If a person acting as temporary judge pursuant to this section is a retired district magistrate judge, the powers and jurisdiction of such temporary judge shall be limited to the powers and jurisdiction of a district magistrate judge and appeals of orders of such temporary judge shall be governed by the laws governing appeals from orders of district magistrate judges.
(d) The court shall fix the compensation of a temporary judge acting pursuant to this section and such compensation shall be charged against any or all parties to the action, or paid out of any fund or subject matter of the action which is in the custody of the court, as directed by the court.
History: L. 1986, ch. 114, § 1; L. 1999, ch. 159, § 2; July 1.
In any contested civil or criminal case before a district court of this state, if any attorney of record or any party to such case is related, by blood or marriage to the judge before whom the same is pending, as a spouse, parent, child, grandchild, grandparent, brother or sister or is related to such judge as a result of being a spouse of any such parent, child, grandchild, grandparent, brother or sister, the judge shall be disqualified from hearing said case.
History: L. 1921, ch. 169, § 1; R.S. 1923, 20-311; L. 1933, ch. 168, § 3; L. 1947, ch. 222, § 1; L. 1976, ch. 145, § 84; January 10, 1977.
History: L. 1935, ch. 149, § 1; Repealed, L. 1965, ch. 215, § 7; June 30.
History: L. 1935, ch. 149, § 2; Repealed, L. 1965, ch. 215, § 7; June 30.
History: L. 1949, ch. 225, § 1; Repealed, L. 1965, ch. 215, § 7; June 30.
(a) If a party or a party's attorney believes that the judge to whom an action is assigned cannot afford that party a fair trial in the action, the party or attorney may file a motion for change of judge. The motion shall not state the grounds for the party's or attorney's belief. The judge shall promptly hear the motion informally upon reasonable notice to all parties who have appeared in the case. If the judge disqualifies the judge's self, the action shall be assigned to another judge by the chief judge. If the judge refuses to disqualify the judge's self, the party seeking a change of judge may file the affidavit provided for in subsection (b). If an affidavit is to be filed it shall be filed immediately.
(b) If a party or a party's attorney files an affidavit alleging any of the grounds specified in subsection (c), the chief judge shall at once determine, or refer the affidavit to another district judge for prompt determination of, the legal sufficiency of the affidavit. If the affidavit is filed in a district court in which there is no other judge who is qualified to hear the matter, the chief judge shall at once notify the departmental justice for the district and request the appointment of another district judge to determine the legal sufficiency of the affidavit. If the affidavit is found to be legally sufficient, the case shall be assigned to another judge.
(c) Grounds which may be alleged as provided in subsection (b) for change of judge are that:
(1) The judge has been engaged as counsel in the action prior to the appointment or election as judge.
(2) The judge is otherwise interested in the action.
(3) The judge is related to either party to the action.
(4) The judge is a material witness in the action.
(5) The party or the party's attorney filing the affidavit has cause to believe and does believe that on account of the personal bias, prejudice or interest of the judge such party cannot obtain a fair and impartial trial or fair and impartial enforcement of post-judgment remedies. Such affidavit shall state the facts and the reasons for the belief that bias, prejudice or an interest exists.
(d) In any affidavit filed pursuant to this section, the recital of previous rulings or decisions by the judge on legal issues or concerning the legal sufficiency of any prior affidavits filed by counsel for a party in any judicial proceeding, or filed by such counsel's law firm, pursuant to this section, shall not be deemed legally sufficient for any belief that bias or prejudice exists.
History: L. 1971, ch. 198, § 3; L. 1972, ch. 97, § 1; L. 1973, ch. 130, § 1; L. 1978, ch. 110, § 1; L. 1985, ch. 104, § 1; L. 1986, ch. 115, § 34; L. 1999, ch. 57, § 15; July 1.
No judge or court shall punish for contempt anyone making, filing or presenting the affidavit provided for by K.S.A. 20-311d or any motion founded thereon.
History: L. 1971, ch. 198, § 4; July 1.
No party shall be granted more than one change of judge in any action, but each party shall be heard to urge such party's objections to a judge in the first instance, except that in prejudgment matters a party may move for a change of judge in accordance with K.S.A. 20-311d, and amendments thereto, within seven days after pretrial, or after receiving written notice of the judge before whom the case is to be heard, whichever is later. In post judgment proceedings the motion may be filed at any time.
History: L. 1971, ch. 198, § 5; L. 1978, ch. 110, § 2; L. 1985, ch. 104, § 2; July 1.
If any provision of this act or the application thereof is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1971, ch. 198, § 6; July 1.
History: L. 1927, ch. 177, § 1; L. 1973, ch. 131, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1927, ch. 177, § 2; L. 1951, ch. 244, § 1; L. 1965, ch. 216, § 1; L. 1971, ch. 100, § 1; L. 1973, ch. 131, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1973, ch. 131, § 5; Repealed, L. 1975, ch. 182, § 1; July 1.
History: L. 1947, ch. 234, § 1; L. 1973, ch. 131, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 234, §§ 2, 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 234, § 4; L. 1953, ch. 171, § 1; L. 1973, ch. 131, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1969, ch. 201, § 10; L. 1972, ch. 153, § 10; L. 1973, ch. 175, § 11; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
(a) There is hereby created within the state of Kansas a judicial department for the supervision of all courts in the state of Kansas. The supreme court shall divide the state into separate sections, not to exceed six in number, to be known as judicial departments, each of which shall be assigned a designation to distinguish it from the other departments. A justice of the supreme court shall be assigned as departmental justice for each judicial department.
(b) There is created hereby the position of judicial administrator of the courts, who shall be appointed by the chief justice of the supreme court to serve at the will of the chief justice. The judicial administrator shall have a broad knowledge of judicial administration and substantial prior experience in an administrative capacity. No person appointed as judicial administrator shall engage in the practice of law while serving in such capacity. Compensation of the judicial administrator shall be determined by the justices. The judicial administrator shall be responsible to the chief justice of the supreme court of the state of Kansas and shall implement the policies of the court with respect to the operation and administration of the courts, subject to the provisions of K.S.A. 20-384, and amendments thereto, under the supervision of the chief justice. The administrator shall perform such other duties as are provided by law or assigned by the supreme court or the chief justice.
(c) Expenditures from appropriations for district court operations to be paid by the state shall be made on vouchers approved by the judicial administrator. All claims for salaries, wages or other compensation for district court operations to be paid by the state shall be certified as provided in K.S.A. 75-3731, and amendments thereto, by the judicial administrator.
History: L. 1965, ch. 215, § 1; L. 1973, ch. 132, § 1; L. 1976, ch. 146, § 5; L. 1976, ch. 380, § 21; L. 1979, ch. 81, § 1; L. 1980, ch. 96, § 1; L. 2014, ch. 82, § 9; L. 2023, ch. 69, § 4; January 1, 2025.
(a) The office of judicial administration shall designate or develop a training protocol for judges, county and district attorneys and defense attorneys who work in juvenile court.
(b) The office of judicial administration shall report annually to the legislature and to the juvenile justice oversight committee established pursuant to K.S.A. 75-52,161, and amendments thereto, data pertaining to the completion of the training protocol, including, but not limited to, the number of judges, district and county attorneys and defense attorneys who did and did not complete the training protocol.
History: L. 2016, ch. 46, § 10; July 1.
(a) A justice assigned to each department shall:
(1) With the help and assistance of the judicial administrator, make a survey of the conditions of the dockets and business of the district courts in the justice's department and make a report and recommendations on the conditions and business to the chief justice.
(2) Assemble the judges of the district courts within the justice's department, at least annually, to discuss such recommendations and other business as will benefit the judiciary of the state. When so summoned, the judges of the district courts in the various departments shall attend such conferences at the expense of the state. Such judges shall be entitled to their actual and necessary expenses while attending such conferences and shall be required to attend the conferences unless excused by the departmental justice for good cause.
(b) Departmental justices shall have authority within their departments to assign any district judge or district magistrate judge to hear any proceeding or try any cause, within the judge's jurisdiction, in other district courts. Any departmental justice may request the assistance of any district judge or district magistrate judge from another department.
(c) Subject to the provisions of K.S.A. 20-384, and amendments thereto, the departmental justices shall supervise all administrative matters relating to the district courts within their departments and require reports periodically, covering such matters and in such form as the supreme court may determine, on any such matter which will aid in promoting the efficiency or the speedy determination of causes now pending. Nothing in this section shall grant the departmental justice the authority to make or change any budget decisions made by the chief judge of the district court pursuant to K.S.A. 20-384, and amendments thereto. Departmental justices shall have the power to examine the dockets, records and proceedings of any courts under their supervision. All judges and clerks of the several courts of the state shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the supreme court.
(d) In order to properly advise the three branches of government on the operation of the juvenile justice system, each district court shall furnish the judicial administrator such information regarding juveniles coming to the attention of the court pursuant to the revised Kansas code for care of children as is determined necessary by the secretary for children and families and the director of the statistical analysis center of the Kansas bureau of investigation, on forms approved by the judicial administrator. Such information shall be confidential and shall not be disseminated or publicly disclosed in a manner which enables identification of any individual who is a subject of the information.
(e) The departmental justice shall assign to each chief judge in the justice's department such duties as are necessary to carry out the intent of just, speedy and inexpensive litigation for the litigants of the state.
History: L. 1965, ch. 215, § 2; L. 1976, ch. 146, § 6; L. 1982, ch. 182, § 123; L. 1983, ch. 140, § 4; L. 1986, ch. 115, § 35; L. 1999, ch. 57, § 16; L. 2006, ch. 200, § 82; L. 2014, ch. 82, § 10; July 1.
The chief justice shall analyze and study such reports as are submitted to him and promptly submit a summary thereof, and the recommendations of the judicial departments and judicial administrators, and shall cause a copy of all recommendations to be filed as public record in the office of the clerk of the supreme court and shall, at the beginning of every legislative session, submit a written report to the governor of the state, and to the judiciary committees of both houses of the legislature.
History: L. 1965, ch. 215, § 3; June 30.
The chief justice of the supreme court and each judicial department justice shall adopt such rules and regulations as they may deem necessary to carry out the provisions of this article, and shall assign such duties and shall appoint such assistants to the judicial administrator as they deem necessary, to promptly and efficiently carry out the intent of just, speedy, and inexpensive litigation for the litigants of the state.
History: L. 1965, ch. 215, § 4; June 30.
This act shall be known and may be cited as the "judicial department reform act of 1965."
History: L. 1965, ch. 215, § 5; June 30.
This act shall be construed as supplemental to existing statutes pertaining to the selection or appointment of a judge pro tem of the district court.
History: L. 1965, ch. 215, § 6; June 30.
Revisor's Note: This section previously contained rules of the supreme court. Rules of the supreme court relating to the supreme court, court of appeals and appellate practice are now published by the Supreme Court Reporter, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1507.
History: L. 1968, ch. 385, § 31; Repealed, L. 2007, ch. 190, § 19; July 1.
Revisor's Note: This section previously contained rules of the supreme court. Rules of the supreme court relating to district courts are now published by the Supreme Court Reporter, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1507.
All judges of district courts elected under the provisions of this act* shall be elected for terms of four years and until their successors are elected and qualified.
History: L. 1968, ch. 385, § 32; March 30.
All actions and proceedings pending in the district court of any county at the time any judicial district is abolished and a new district established under the provisions of this act*, whether the issues are joined or not, shall proceed in the district court of the judicial district in which said county is placed by the provisions of this act in the same manner as if said actions and proceedings had been commenced in said district, except when an action or proceeding pending in such a district court has been tried by the judge of said court, and by him taken under advisement, and is still undecided at the time the judicial district is established, then it shall be the duty of the judge who tried said cause to make and render his findings and judgment thereon, and to determine all motions therein in all respects as though said county had not been placed in such judicial district.
History: L. 1968, ch. 385, § 33; March 30.
In every judicial district, the district court judges in such judicial district shall elect a district judge as chief judge who shall have general control over the assignment of cases within the district, subject to supervision by the supreme court. The procedure for such election shall be determined by the district court judges and adopted by district court rule. Within guidelines established by statute, rule of the supreme court or the district court, the chief judge of each district court shall be responsible for and have general supervisory authority over the clerical and administrative functions of such court. The district judge designated as chief judge by the supreme court on July 1, 2014, shall be allowed to serve as chief judge through January 1, 2016.
History: L. 1968, ch. 385, § 34; L. 1976, ch. 146, § 28; L. 1980, ch. 94, § 5; L. 1986, ch. 115, § 36; L. 1999, ch. 57, § 17; L. 2014, ch. 82, § 11; July 1.
Each of the district judges in judicial districts having more than one district judge shall have all the rights, powers and authority throughout said district possessed by district judges, the same as if each judge was the sole judge of such district, and such powers, rights and authority may be exercised by each of said district judges in the same or different counties in their district at the same time.
History: L. 1968, ch. 385, § 35; L. 1976, ch. 146, § 29; January 10, 1977.
(a) Except as provided in subsection (b), any person who has the qualifications prescribed for a district judge by K.S.A. 20-334 shall be eligible for nomination, election or appointment to the office of judge of the district court in any judicial district. If such person is not a resident of the judicial district at the time of nomination, election or appointment, such person shall establish residency in the judicial district before taking the oath of office and shall maintain residency while holding office.
(b) No person shall be eligible for nomination, election or appointment to the office of judge of the district court in any county of any judicial district for which there has been established residence requirements for the holding of such office if such person is not a resident of the county at the time of nomination, election or appointment.
History: L. 1968, ch. 385, § 36; L. 1976, ch. 145, § 85; L. 1978, ch. 111, § 1; L. 1980, ch. 94, § 6; L. 1981, ch. 132, § 1; July 1.
History: L. 1968, ch. 385, § 37; Repealed, L. 1976, ch. 145, § 246; January 10, 1977.
Whenever under the provisions of this act* provision is made for the abolishment of the office of district judge in any judicial district, and the district judge holding any such office shall die, resign or retire during the four (4) years next preceding the date fixed for the abolishment of such office, such office shall be and is hereby abolished at the time of such death, resignation or retirement.
History: L. 1968, ch. 385, § 38; March 30.
History: L. 1982, ch. 130, § 12; Repealed, L. 1983, ch. 105, § 13; April 28.
All actions and proceedings pending in the district court of any county at the time the county is transferred from one judicial district to another, whether or not the issues are joined, shall proceed in the district court of the judicial district to which the county is transferred in the same manner as if the actions and proceedings had been commenced in that district, except when an action or proceeding pending in a district court has been tried and taken under advisement by a judge of the court, and is still undecided at the time the county is transferred to a different judicial district, it shall be the duty of the judge who tried the cause to make and render findings and judgment on the cause and to determine all motions in the case in all respects as though the county had not been transferred to a different judicial district.
History: L. 1982, ch. 130, § 13; L. 1983, ch. 105, § 5; April 28.
History: L. 1982, ch. 129, § 5; Repealed, L. 1983, ch. 105, § 13; April 28.
(a) Subject to the provisions of K.S.A. 20-2909, and amendments thereto, any person who is elected, retained in office or appointed as a district judge shall:
(1) Have been regularly admitted to practice law in the state of Kansas;
(2) be a resident of the judicial district for which elected or appointed to serve at the time of taking the oath of office and shall maintain residency in the judicial district while holding office; and
(3) for a period of at least five years, have engaged in the active practice of law as a lawyer, judge of a court of record or any court in this state, full-time teacher of law in an accredited law school or any combination thereof.
(b) Any person who is elected, retained in office or appointed as a district magistrate judge shall:
(1) Be a graduate of a high school or secondary school or the equivalent thereof;
(2) be a resident of the county for which elected or appointed to serve at the time of taking the oath of office and shall maintain residency in the county while holding office; and
(3) if not regularly admitted to practice law in Kansas, be certified by the supreme court, in the manner prescribed by K.S.A. 20-337, and amendments thereto, as qualified to serve as a district magistrate judge.
History: L. 1976, ch. 146, § 14; L. 1978, ch. 111, § 2; L. 1979, ch. 82, § 1; L. 1980, ch. 94, § 7; L. 1986, ch. 115, § 37; L. 1999, ch. 159, § 3; July 1.
(a) On January 10, 1977, the following courts of limited jurisdiction shall be and are hereby abolished:
(1) County courts established pursuant to K.S.A. 20-802 or 20-802a;
(2) city courts established pursuant to K.S.A. 20-1424, 20-1424a, 20-1501, 20-1601 or 20-2403;
(3) magistrate courts established pursuant to K.S.A. 20-1801, 20-1901, 20-2501, 20-2521 or 20-2541;
(4) courts of common pleas established pursuant to K.S.A. 1975 Supp. 20-2001;
(5) juvenile courts established pursuant to K.S.A. 38-803; and
(6) probate courts established pursuant to section 8 of article 3 of the Kansas constitution, prior to the revision of such article in 1972.
(b) On January 10, 1977, the judge or judges of each of the courts designated in subsection (a) shall transfer all books, records, papers, files, dockets and documents of such court to the district court of the county in which such court is located, and such books, records, papers, files, dockets and documents shall become the property of said district court. All actions and proceedings commenced in any court designated in subsection (a) prior to January 10, 1977, including all pleadings, motions, orders, judgments and other papers therein, shall become actions and proceedings of the district court of the county in which such court is located. Any judgment of a court designated in subsection (a) shall not become a lien on real property by virtue of the transfer of documents pursuant to this subsection unless the court rendering such judgment was a court of record immediately prior to January 10, 1977. Nothing herein shall preclude a party in whose favor a judgment is rendered by a court designated in subsection (a) from filing a transcript of such judgment with the clerk of the district court in the manner provided in K.S.A. 60-2202, and amendments thereto, and in such event such judgment shall become a lien on real property as provided in K.S.A. 60-2202, and amendments thereto.
(c) Any person who was elected at the general election of 1974 for a four-year term of office as an officer, other than a judge, of a court specified in subsection (a), which office is abolished by this act on January 10, 1977, shall become an employee of the district court and shall have such duties as may be prescribed by the chief judge thereof and shall receive compensation which is not less than that prescribed for such office until January 10, 1979.
History: L. 1976, ch. 146, § 15; L. 1999, ch. 57, § 18; July 1.
In any judicial district which has not approved the proposition of nonpartisan selection of district court judges, election laws applicable to the election of county officers shall govern every election of district magistrate judges. Each district magistrate judge shall be elected by the electors of the county where the judge's position is located.
History: L. 1976, ch. 146, § 18; L. 1982, ch. 129, § 6; L. 1986, ch. 115, § 38; January 12, 1987.
Any person who takes office as district magistrate judge on January 10, 1977, and any person who thereafter is elected or appointed to the office of district magistrate judge and, in either event, and who has not been regularly admitted to practice law in Kansas, as required by subsection (c)(3) of K.S.A. 20-334, shall be issued a temporary certificate permitting such judge to commence upon the duties of office, conditioned that such judge becomes certified as being qualified to hold such office, as provided herein. The supreme court shall provide by rule for the examination of such district magistrate judges, in order to ensure that each such district magistrate judge possesses the minimum skills and knowledge necessary to carry out the duties of such office. Such examination shall be administered without charge, and shall be given at least once each six months at a time and place designated by the supreme court. If a district magistrate judge fails to successfully complete such examination within eighteen (18) months after the date said judge takes office, said judge shall forfeit his or her office and the district magistrate judge position for which such judge was elected or appointed shall be vacant at the expiration of such eighteen-month period. A district magistrate judge who fails to successfully complete any examination may take such examination again at the next time it is offered prior to the expiration of such eighteen-month period. Any person who fails to successfully complete the examination within the prescribed time shall be ineligible for election or appointment as a district magistrate judge, unless such person subsequently meets all the qualifications prescribed by subsection (c)(3) of K.S.A. 20-334.
Any person who successfully completes the examination administered under this section shall be certified by the supreme court as qualified to hold such office. Any district magistrate judge who has been so certified shall be eligible for reelection or retention in office as provided in this act.
The supreme court shall prepare a manual which shall contain the substantive and procedural rules of law and principles of judicial conduct which are deemed necessary to be understood and practiced by a district magistrate judge. Such manual shall be given to each district magistrate judge who is required to be examined under this section subsequent to the time of such judge's election or appointment. From time to time, as the necessity arises, such manual shall be amended and supplemented to reflect changes in the law or code of judicial conduct.
History: L. 1976, ch. 146, § 22; April 19.
(a) District magistrate judge positions shall be constituted as provided in subsection (b).
(b) (1) In the first judicial district, there shall be one district magistrate judge position in Atchison county, subject to the provisions of K.S.A. 20-354a, and amendments thereto.
(2) In the second judicial district, there shall be three district magistrate judge positions in the district, with position one in Jefferson county, position two in Pottawatomie county and position three in Wabaunsee county.
(3) In the fourth judicial district, there shall be two district magistrate judge positions in the district, with position one in Osage county and position two in Coffey, Anderson or Franklin county as determined by the supreme court.
(4) In the fifth judicial district, there shall be one district magistrate judge position in Chase county.
(5) In the sixth judicial district, there shall be a district magistrate judge position in Bourbon county.
(6) In the eighth judicial district, there shall be two district magistrate judge positions in the district, with position one in Dickinson county and position two in Morris county.
(7) In the 11th judicial district, there shall be one district magistrate judge position in Cherokee county.
(8) In the 12th judicial district, there shall be six district magistrate judge positions in the district, with position one in Cloud county, position two in Jewell county, position three in Lincoln county, position four in Mitchell county, position five in Republic county and position six in Washington county.
(9) In the 13th judicial district, there shall be two district magistrate judge positions in the district, with position one in Elk county and position two in Greenwood county.
(10) In the 14th judicial district, there shall be one district magistrate judge position in Chautauqua county.
(11) In the 15th judicial district, there shall be six district magistrate judge positions in the district, with position one in Cheyenne county, position two in Logan county, position three in Sheridan county, position four in Wallace county, position five in Thomas county and position six in Rawlins county.
(12) In the 16th judicial district, there shall be five district magistrate judge positions in the district, with position one in Clark county, position two in Comanche county, position three in Gray county, position four in Kiowa county and position five in Meade county.
(13) In the 17th judicial district, there shall be six district magistrate judge positions in the district, with position one in Graham county, position two in Decatur county, position three in Norton county, position four in Osborne county, position five in Phillips county and position six in Smith county.
(14) In the 20th judicial district, there shall be four district magistrate judge positions in the district, with position one in Ellsworth county, position two in Rice county, position three in Russell county and position four in Stafford county.
(15) In the 21st judicial district, there shall be one district magistrate judge position in Clay county.
(16) In the 22nd judicial district, there shall be three district magistrate judge positions in the district, with position one in Doniphan county, position two in Marshall county and position three in Nemaha county.
(17) In the 23rd judicial district, there shall be three district magistrate judge positions in the district, with position one in Gove county, position two in Rooks county and position three in Trego county.
(18) In the 24th judicial district, there shall be six district magistrate judge positions in the district, with position one in Edwards county, position two in Hodgeman county, position three in Lane county, position four in Ness county, position five in Pawnee county and position six in Rush county.
(19) In the 25th judicial district, there shall be five district magistrate judge positions in the district, with position one in Greeley county, position two in Hamilton county, position three in Kearny county, position four in Scott county and position five in Wichita county.
(20) In the 26th judicial district, there shall be five district magistrate judge positions in the district, with position one in Grant county, position two in Haskell county, position three in Morton county, position four in Stanton county and position five in Stevens county.
(21) In the 28th judicial district, there shall be one district magistrate judge position in Ottawa county.
(22) In the 30th judicial district, there shall be four district magistrate judge positions, with position one in Barber county, position two in Harper county, position three in Kingman county and position four in Pratt county.
(23) In the 31st judicial district, there shall be two district magistrate judge positions in the district, with position one in Allen county and position two in Woodson county.
History: L. 1976, ch. 146, § 16; L. 1977, ch. 112, § 3; L. 1982, ch. 130, §§ 14, 15; L. 1982, ch. 129, §§ 7, 8, 9; L. 1983, ch. 105, § 6; L. 1983, ch. 105; § 7; L. 1985, ch. 105, § 1; L. 1986, ch. 115, § 39; L. 1996, ch. 199, § 1; May 16.
History: L. 1976, ch. 146, § 17; Repealed, L. 1986, ch. 115, § 105; January 12, 1987.
History: L. 1976, ch. 146, § 19; Repealed, L. 1986, ch. 115, § 105; January 12, 1987.
(a) District magistrate judges shall be reimbursed for expenses incurred in the performance of their official duties in the same manner and to the same extent district judges are reimbursed for such expenses.
(b) Commencing with the first day of the first payroll period of the fiscal year ending June 30, 1994, district magistrate judges who make an election as provided in K.S.A. 20-2620 and district magistrate judges who are elected or appointed on and after July 1, 1993, shall become members of the retirement system for judges and shall be subject to and covered by the provisions of article 26 of chapter 20 of the Kansas Statutes Annotated. For such purpose a district magistrate judge shall be considered a district judge. If, upon entry into the retirement system for judges, a district judge has prior service under the Kansas public employees' retirement system, any retirement benefits to which such judge was entitled under the Kansas public employees' retirement system and retirement benefits under the retirement system for judges shall become vested whenever the total service under both systems equals 10 years, and upon such judge's retirement, each such retirement system shall be liable for the payment of retirement benefits under such system in the proportion that the years of such judge's service under such system bears to such judge's total years of service under both such systems.
History: L. 1976, ch. 146, § 27; L. 1977, ch. 108, § 1; L. 1978, ch. 108, § 6; L. 1986, ch. 115, § 40; L. 1993, ch. 227, § 1; July 1.
After consultation with the district magistrate judges of such court, each district court, by action of a majority of the district judges thereof, may promulgate such rules as may be necessary to provide for the administrative operations of such court and to facilitate the regulation and supervision of the nonjudicial personnel thereof subject to the provisions of K.S.A. 20-384, and amendments thereto. Any rules so adopted shall be consistent with applicable statutes and, subject to the provisions of K.S.A. 20-384, and amendments thereto, rules of the supreme court. Such rules shall be in addition to the rules adopted under authority of K.S.A. 60-267, and amendments thereto.
History: L. 1976, ch. 146, § 30; L. 1980, ch. 94, § 8; L. 1986, ch. 115, § 41; L. 2014, ch. 82, § 12; July 1.
The chief judge of each judicial district, shall appoint a clerk of the district court in each county within such judicial district. The chief judge shall designate one of such clerks as the chief clerk of the district court of such judicial district, except that a chief clerk is not required to be designated in a judicial district which has a court administrator pursuant to the personnel plan of the supreme court or subject to the provisions of K.S.A. 20-384, and amendments thereto. The clerks of the district court and deputies, assistants and other clerical personnel shall have such qualifications as are prescribed for the offices by statute, rule of the district court and rule of the supreme court. Such clerks, deputies, assistants and other personnel shall have such powers, duties and functions as are prescribed by law, prescribed by rules of the supreme court or assigned by the chief judge.
History: L. 1976, ch. 146, § 31; L. 1977, ch. 109, § 14; L. 1978, ch. 112, § 2; L. 1980, ch. 94, § 9; L. 1981, ch. 133, § 1; L. 1986, ch. 115, § 42; L. 1999, ch. 57, § 19; L. 2003, ch. 14, § 1; L. 2014, ch. 82, § 13; July 1.
History: L. 1976, ch. 146, § 32; L. 1976, ch. 380, § 22; L. 1977, ch. 110, § 2; Repealed, L. 1978, ch. 108, § 15; January 1, 1979.
Within staffing limits prescribed by the supreme court and appropriations therefor or the annual budget allocated pursuant to K.S.A. 20-384, and amendments thereto, the chief judge of each judicial district shall appoint such bailiffs, court reporters, secretaries, court services officers and other clerical and nonjudicial personnel as necessary to perform the judicial and administrative functions of the district court. Persons appointed pursuant to this section shall have qualifications prescribed by law or rule of the supreme court. Unless specifically established by law, such persons shall receive compensation prescribed by the judicial personnel classification system or the chief judge, whichever is applicable. Such persons shall perform the duties and functions prescribed by law, designated in the personnel classification system and assigned by the chief judge. Personnel whose salary is payable by counties shall receive compensation in the amounts provided in the district court budget approved by the board of county commissioners. Whenever any person is employed or assigned to work under direct supervision of any judge or in a division of court in which a judge presides, the employment or assignment of the person shall be subject to the approval of that judge.
History: L. 1976, ch. 146, § 33; L. 1977, ch. 110, § 3; L. 1978, ch. 108, § 7; L. 1984, ch. 112, § 1; L. 1986, ch. 115, § 43; L. 1999, ch. 57, § 20; L. 2003, ch. 14, § 2; L. 2014, ch. 82, § 14; July 1.
History: L. 1976, ch. 146, § 34; Repealed, L. 1978, ch. 112, § 5; July 1.
(a) The department of corrections shall have the functions and duties provided by law with regard to providing parole officers for felons placed on parole by the prisoner review board but shall not provide parole officers for the supervision of misdemeanants placed on parole by the district courts of this state. The department of corrections shall provide the visitation, supervision and other services regarding probationers and parolees which are required under the uniform act for out-of-state parolee supervision.
(b) All court services officers supervising adults and juveniles placed on probation by the district courts of this state and all court services officers supervising misdemeanants placed on parole by the district courts of this state shall be appointed by the district courts as provided by law. The supreme court shall prescribe the qualifications required of persons appointed as court services officers of the district courts. The compensation of court services officers of the district courts shall be paid by the state either in accordance with the compensation plan adopted by the supreme court or approved by the chief judge of the district court where such officer is appointed, whichever is applicable.
History: L. 1978, ch. 120, § 14; L. 1984, ch. 112, § 2; L. 2014, ch. 82, § 15; July 1.
The chief judge in each judicial district, with the approval of the supreme court, may provide for holding court in locations within such judicial district, other than in the courthouses of the several counties within such district, whenever suitable facilities are available for such purpose.
History: L. 1976, ch. 146, § 39; L. 1999, ch. 57, § 21; July 1.
Except for expenses required by law to be paid by the state, the board of county commissioners of each county have an obligation to adequately fund the operation of the district court in the county and shall be responsible for all expenses incurred for the operation of the district court in the county.
History: L. 1976, ch. 146, § 41; L. 2002, ch. 56, § 1; July 1.
The chief judge in each judicial district shall be responsible for the preparation of the budget to be submitted to the board of county commissioners of each county. The board of county commissioners shall then have final authority to determine and approve the budget for district court operations payable by their county. The judicial administrator of the courts shall prescribe the form upon which such budgets shall be submitted. The budget shall include all expenditures payable by the county for operations of the district court in such county. A separate budget shall be prepared for each county within the district and the judges of the district court shall approve the budget for the county in which such judges are regularly assigned prior to submission of such budget to the board of county commissioners. The compensation to be paid to district court personnel excluded from the judicial personnel classification system pursuant to subsection (b) of K.S.A. 20-162, and amendments thereto, shall be listed in the budget as a separate item for each job position. After the amount of such district court budget is established, the expenditures under such budget, other than expenditures for job positions contained in the budget, shall be under the control and supervision of the chief judge, and the board of county commissioners shall approve all claims submitted by the chief judge within the limits of such district court budget. The financial affairs of the district court in each county including, but not limited to, nonexpendable trust funds, law library funds and court trustee operations shall be subject to audit pursuant to the provisions of K.S.A. 75-1122, and amendments thereto, as part of the annual county audit. Reports of fiscal or managerial discrepancies or noncompliance with applicable law shall be made to the judicial administrator of the courts as well as the board of county commissioners. Chief judges who have not elected to be responsible for the district court budget pursuant to K.S.A. 20-384, and amendments thereto, shall be subject to the supreme court rules relating to the district court operations payable by the county.
History: L. 1976, ch. 146, § 44; L. 1977, ch. 110, § 4; L. 1978, ch. 108, § 8; L. 1992, ch. 267, § 1; L. 1999, ch. 57, § 22; L. 2002, ch. 56, § 2; L. 2014, ch. 82, § 16; July 1.
(a) Except for fines and penalties authorized to be paid to counties pursuant to K.S.A. 19-101e, and amendments thereto, and subsection (b), and amendments thereto, all moneys received by the clerk of the district court from the payment of fines, penalties and forfeitures shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund, except as provided in K.S.A. 74-7336, and amendments thereto.
(b) Except as provided by K.S.A. 20-368, and amendments thereto, all moneys received by the clerk of the district court from the payment of bail forfeitures shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and shall credit equal portions of such remittance to the indigents' defense services fund and the state general fund.
(c) The chief judge may invest any moneys on deposit in the district court account if the moneys are not immediately required for the purposes for which they were collected or received. Such moneys may be invested in: (1) Time deposits, open account or certificates of deposit, for periods not to exceed six months, or savings deposits, in commercial banks located in the county, except that amounts invested which are not insured by the United States government shall be secured in the manner and amounts provided by K.S.A. 9-1402, and amendments thereto; (2) United States treasury bills or notes with maturities not to exceed six months; or (3) savings and loan associations located in the county. No investment of more than the amount insured by the federal deposit insurance corporation shall be made in any one savings and loan association. Interest received from the investment of moneys pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(d) Upon application of a party to an action in which such party claims ownership of moneys held by the district court, the chief judge may invest such moneys in the same manner as provided by subsection (c). Interest received from the investment of moneys pursuant to this subsection shall become the property of the person found to be the owner of the moneys.
History: L. 1976, ch. 146, § 45; L. 1977, ch. 109, § 16; L. 1978, ch. 108, § 9; L. 1981, ch. 134, § 1; L. 1989, ch. 239, § 2; L. 1990, ch. 94, § 1; L. 1998, ch. 52, § 4; L. 1999, ch. 57, § 23; L. 2001, ch. 5, § 76; L. 2006, ch. 44, § 3; L. 2007, ch. 140, § 16; July 1.
History: L. 1976, ch. 146, § 45; L. 1977, ch. 109, § 16; L. 1978, ch. 108, § 9; L. 1981, ch. 134, § 1; L. 1989, ch. 48, § 82; Repealed, L. 1990, ch. 94, § 3; July 1.
History: L. 1976, ch. 146, § 43; L. 1976, ch. 380, § 8; L. 1977, ch. 112, § 4; Repealed, L. 1978, ch. 350, § 17; January 1, 1979.
History: L. 1982, ch. 130, § 20; L. 1986, ch. 115, § 44; Repealed, L. 2007, ch. 11, § 1; July 1.
History: L. 1976, ch. 146, § 23; Repealed, L. 1983, ch. 105, § 13; April 28.
If, upon the death, resignation, retirement or removal of a district magistrate judge in any judicial district, the supreme court determines that, in order to effectively expedite the business of the district court in the judicial district, the district magistrate judge position should be eliminated and that an additional position of district judge or an additional division of the district court of the judicial district should be created, the supreme court shall certify to the secretary of state the elimination of the district magistrate judge position and the creation of an additional position of district judge or division of the district court. If the position or division is to be created in a judicial district in which the proposition of nonpartisan selection of district court judges has been approved, as provided in K.S.A. 20-2901, and amendments thereto, the certification also shall be made to the chairperson of the district judicial nominating commission of the judicial district. When the certification has been made, the position or division shall be deemed created and the judgeship therefor shall be deemed vacant, to be filled in the manner provided by law for filling vacancies in judgeships in the judicial district.
History: L. 1976, ch. 146, § 24; L. 1983, ch. 105, § 9; L. 1986, ch. 115, § 45; January 12, 1987.
If, upon the death, resignation, retirement or removal of a district magistrate judge of a county in which there are two or more district magistrate judge positions or in which there also is at least one district judge position, the supreme court determines that the continuation of the vacant district magistrate judge position is unnecessary, due to the ability of the remaining judges of the district court in the county to assume the entire judicial workload of the county, the supreme court shall certify the elimination of the district magistrate judge position to the secretary of state. Where the position to be eliminated is in a judicial district in which the proposition of nonpartisan selection of district court judges has been approved, such certification also shall be made to the chairperson of the district judicial nominating commission of the judicial district.
History: L. 1976, ch. 146, § 25; L. 1983, ch. 105, § 10; L. 1986, ch. 115, § 46; January 12, 1987.
Upon the first vacancy occurring in a district magistrate judge position in the first judicial district as the result of resignation, retirement, death or removal of an incumbent, the supreme court shall eliminate the position and certify its elimination as provided in K.S.A. 20-354, and amendments thereto. Upon the second vacancy occurring in a district magistrate judge position in the first judicial district as the result of resignation, retirement, death or removal of an incumbent, the supreme court shall eliminate the position, and certify its elimination, and create an additional position of district judge of the district court of the district, and certify its creation, as provided in K.S.A. 20-353, and amendments thereto.
History: L. 1982, ch. 130, § 19; L. 1983, ch. 105, § 11; April 28.
(a) On or before April 15 of every even-numbered year, the supreme court shall examine the need for more or less divisions or district magistrate judge positions of the district court in each judicial district which has not approved the proposition of nonpartisan selection of judges of the district court, as provided in K.S.A. 20-2901, and amendments thereto, except that on or before May 15, 1998, the supreme court shall examine the need for more or less divisions or district magistrate judge positions of the district court in each judicial district which has not approved the proposition of nonpartisan selection of judges of the district court. On or before May 15 of each year, the supreme court shall examine the need for more or less divisions or positions of the district court in judicial districts which have approved such proposition. Whenever the supreme court shall determine that in order to effectively expedite the business of the district court in any judicial district in this state, the need exists for an additional judge of the district court and an additional division or position in such court, the supreme court shall so certify to the secretary of state, and where the need for such additional judge of the district court and division or position is in a judicial district in which such proposition of nonpartisan selection of judges of the district court has been approved, such certification also shall be made to the chairperson of the district judicial nominating commission of such judicial district. Any additional division or position so certified shall be designated as the next numbered division or position of such court.
(b) Upon certification of an additional judge of the district court and an additional division or position of the district court in any judicial district which has not approved the proposition of nonpartisan selection of judges of the district court, the first judge of the district court of such new division or position shall be elected at the general election held in November of the year in which the division or position is determined to be necessary and such judge shall take office on the second Monday in January of the following year. No judge of any such new division shall be appointed pending the first election to fill such office.
(c) Upon certification of an additional judge of the district court and an additional division or position of the district court in any judicial district which has approved the proposition of nonpartisan selection of judges of the district court, the additional division or position shall be created on July 15 of the year in which such certification is made, and the additional district judge shall be selected and take office in the manner prescribed by subsection (b) of K.S.A. 20-2913, and amendments thereto. The additional position shall be created on July 1 of the year in which the position is approved, and the additional district magistrate judge shall be selected and take office in the manner prescribed by K.S.A. 20-2914, and amendments thereto.
(d) The supreme court shall determine the county or judicial district in which the newly created division or position shall be placed.
(e) Any additional district judge or district magistrate judge position created by this section shall be considered a position created by the supreme court and not a civil appointment to a state office pursuant to K.S.A. 46-234, and amendments thereto.
History: L. 1968, ch. 402, § 5; L. 1972, ch. 98, § 1; L. 1974, ch. 137, § 15; L. 1975, ch. 183, § 1; L. 1976, ch. 146, § 26; L. 1995, ch. 91, § 1; L. 1998, ch. 195, § 1; May 28.
Any county in which additional divisions of the district court are established or in which additional district magistrate judge positions are established, may pay all of the costs and expenses incidental to or arising out of the establishment, operation and maintenance of the facilities for such additional divisions or positions during the year in which they are established, out of the general fund of the county or if it does not have sufficient moneys available in its general fund for such purpose, such county is hereby authorized and empowered to issue during such year, no-fund warrants for the purpose of providing funds to pay all expenses, costs, salaries payable by any such county and costs incidental to or arising out of the establishment, maintenance and operation of such division or position, including the providing and equipping of courtrooms and other necessary offices and costs incidental thereto or arising therefrom or whenever the board of county commissioners considers it advisable, such board may issue general obligation bonds of the county to pay all of the costs and expenses incidental to or arising out of the establishment, operation and maintenance of facilities for such additional divisions or positions other than costs incurred for payment of salaries, and for the purpose of redeeming no-fund warrants issued under the authority of this section except no-fund warrants issued for payment of salaries. Such no-fund warrants shall be issued in the manner and form, bear interest and be redeemed as prescribed by K.S.A. 79-2940, and amendments thereto, except they may be issued without the approval of the state board of tax appeals and without the notation required by K.S.A. 79-2940, and amendments thereto.
If such no-fund warrants are issued under the provisions of this act, the county issuing the same shall make a tax levy at the first tax levying period after such warrants are issued sufficient to pay the same and the interest thereon. Any such county may make expenditures from its general fund during the year in which the divisions or positions of the board are created for any of the purposes hereinbefore described, even though such expenditures were not included in the county budget for that year.
General obligation bonds issued under the authority of this section shall be issued in the manner prescribed by the general bond law but shall not be subject to or within any bonded debt limitation prescribed by any other law of this state and shall not be considered or included in applying any other law limiting bonded indebtedness.
History: L. 1968, ch. 402, § 7; L. 1972, ch. 98, § 3; L. 1976, ch. 146, § 46; L. 1977, ch. 92, § 2; L. 1978, ch. 113, § 1; L. 1986, ch. 115, § 47; L. 1990, ch. 66, § 37; L. 2008, ch. 109, § 51; L. 2014, ch. 141, § 45; July 1.
Within the limits of the district court budget, any chief judge of a judicial district may purchase, lease or acquire the equipment and facilities necessary to carry out the purposes and intent of K.S.A. 20-159, and amendments thereto, and by contract and agreement arrange for the use thereof, and may employ personnel necessary to operate the equipment and facilities.
History: L. 1977, ch. 104, § 2; L. 1999, ch. 57, § 24; July 1.
With regard to district court officers and employees whose total salary is payable by a county, such county shall either provide for insurance coverage for hospitalization, medical services, surgical services and other health services at least equal to insurance coverage provided to other state officers and employees under the state health care benefits program or, if such district court officers and employees are designated by the Kansas state employees health care commission under subsection (c) of K.S.A. 75-6501 as qualified to participate in the state health care benefits program, shall pay the employer's costs for enrolling such employees under the state health care benefits program. In the event a county elects the latter type of coverage, counties shall remit the employer and employee premiums to the Kansas state employees health care commission in accordance with the directions of the commission, and counties may adopt the same type payroll deduction plan for employee premiums as provided in K.S.A. 75-6506. The provisions of K.S.A. 75-6501 to 75-6511, inclusive, shall be applicable to such employees in the same manner as other persons eligible to participate in the state health care benefits program.
History: L. 1977, ch. 110, § 10; L. 1984, ch. 329, § 12; August 1.
With regard to district court officers and employees whose salary is payable by a county, the county shall serve as fiscal and reporting agent and pay and provide for old age survivors and disability insurance contributions and income tax withholding. All payments made by a county to judicial department employees or on their behalf, shall be deemed to have been paid by the state of Kansas. Counties shall include district court officers and employees whose total salary is payable by the county in any employees' retirement, unemployment security, liability, workmen's compensation and surety bond coverage provided for county employees, and may prorate the costs therefor for district court officers and employees to the annual district court budget if the county has so provided in the district court budget.
History: L. 1977, ch. 110, § 11; L. 1978, ch. 108, § 10; January 1, 1979.
A judge of the district court may retain any honorarium received for such judge's services in performing a marriage ceremony, except when such services are performed between the hours of eight o'clock a.m. and five o'clock p.m. on a day when the court is regularly open for the conduct of business in which event such honorarium shall be turned over to the clerk of the court for disposition pursuant to K.S.A. 20-2801, and any amendments thereto.
History: L. 1977, ch 112, § 35; L. 1978, ch. 105, § 5; January 1, 1979.
(a) The state shall pay the salaries of all nonjudicial personnel of the district courts of this state, except for personnel enumerated in subsection (b) of K.S.A. 20-162, and amendments thereto, and no county may supplement the compensation of district court personnel paid by the state. With regard to judicial and nonjudicial personnel of the district courts whose salary is payable by the state, the state shall provide for unemployment security coverage, employer contributions for retirement, workmen's compensation coverage, health insurance coverage and surety bond coverage.
(b) Except as provided further, the supreme court shall establish a formal pay plan for court reporters serving district judges. Within the limits of legislative appropriations therefor, compensation of court reporters shall be paid by the state in an amount prescribed by the pay plan established by the supreme court. The plan shall detail each reporter's position by classification, pay grade and pay step. Pursuant to K.S.A. 20-384, and amendments thereto, compensation of court reporters shall be paid by the state in an amount prescribed by the chief judge of the district court where such reporter serves. No county may supplement the compensation of any court reporter.
History: L. 1978, ch. 108, § 1; L. 1984, ch. 113, § 1; L. 1986, ch. 115, § 48; L. 1990, ch. 95, § 1; L. 2014, ch. 82, § 17; July 1.
The clerk of the district court shall remit all revenues received from docket fees as follows:
(a) At least monthly to the county treasurer, for deposit in the county treasury and credit to the county general fund:
(1) A sum equal to $10 for each docket fee paid pursuant to K.S.A. 60-2001 and 60-3005, and amendments thereto, during the preceding calendar month;
(2) a sum equal to $10 for each $46 or $76 docket fee paid pursuant to K.S.A. 61-2704, 61-2709 or 61-4001, and amendments thereto; and
(3) a sum equal to $5 for each $26 docket fee paid pursuant to K.S.A. 61-2704 or 61-4001, and amendments thereto, during the preceding calendar month.
(b) At least monthly to the board of trustees of the county law library fund, for deposit in the fund, a sum equal to the library fees paid during the preceding calendar month for cases filed in the county.
(c) At least monthly to the county treasurer, for deposit in the county treasury and credit to the prosecuting attorneys' training fund, a sum equal to $2 for each docket fee paid pursuant to K.S.A. 28-172a, and amendments thereto, during the preceding calendar month for cases filed in the county and a sum equal to $1 for each fee paid pursuant to K.S.A. 28-170(c), and amendments thereto, during the preceding calendar month for cases filed in the county.
(d) To the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, for deposit in the state treasury a sum equal to the balance that remains from all docket fees paid during the preceding calendar month after deduction of the amounts specified in subsections (a), (b), (c) and (d). During the fiscal year ending June 30, 2022, and each fiscal year thereafter, of the remainder, the state treasurer shall deposit and credit the first $1,500,000 to the electronic filing and management fund created in K.S.A. 20-1a20, and amendments thereto. Of the balance that remains after deduction of the amounts specified in this subsection, the state treasurer shall deposit and credit the remainder to the state general fund.
History: L. 1978, ch. 108, § 3; L. 1982, ch. 116, § 3; L. 1985, ch. 106, § 1; L. 1986, ch. 146, § 2; L. 1987, ch. 134, § 2; L. 1989, ch. 239, § 3; L. 1990, ch. 202, § 26; L. 1992, ch. 315, § 7; L. 1994, ch. 281, § 1; L. 1998, ch. 155, § 3; L. 2000, ch. 161, § 104; L. 2001, ch. 5, § 77; L. 2002, ch. 199, § 4; L. 2006, ch. 170, § 2; L. 2009, ch. 116, § 4; L. 2014, ch. 82, § 18; L. 2015, ch. 81, § 7; L. 2018, ch. 79, § 1; L. 2022, ch. 34, § 3; L. 2023, ch. 51, § 1; L. 2024, ch. 39, § 4; July 1.
(a) On and after June 18, 1979, job positions for district court employees whose principal duties involved service of process for the district court of the county immediately prior to such date shall be abolished. Except as provided in subsection (b), on and after such date the office of sheriff in such county shall assume the duties of service of process for the district court of the county and there is hereby created job positions in such sheriff's office in a number equal to the number of job positions abolished in the district court of such county by this section.
(b) On and after June 18, 1979, in Wyandotte county the county shall assume the duties of service of process for the district court of such county and there is hereby created job positions in such county, under the supervision of the board of county commissioners, in a number equal to the number of job positions abolished in the district court of such county by this section.
(c) In appointing persons to fill the job positions created by this section, due consideration shall be given to appointing those persons whose job positions are abolished by this act. On and after such date the county shall pay the compensation and employer's contributions of such employees and amounts therefor may be paid during the budget year even though the same were not included in the budget of expenditures for such year. On and after June 18, 1979, district court employees shall not perform the function of serving process for the district courts. A county may issue no-fund warrants to cover costs imposed upon the county for calendar year 1979 pursuant to this section and such warrants may be issued without the approval of the state board of tax appeals.
History: L. 1979, ch. 78, § 1; L. 2008, ch. 109, § 52; L. 2014, ch. 141, § 46; July 1.
(a) The terms of office of all associate district judges holding office on January 11, 1987, shall expire on that date and, on and after January 12, 1987, all associate district judge positions shall be abolished.
(b) On and after January 12, 1987, there is hereby created, in each judicial district, new district judge positions equal in number to the associate district judge positions abolished in the district pursuant to subsection (a).
(c) In a judicial district which elects judges of the district court:
(1) When an associate district judge of the district is elected or appointed for a term which, if not for the provisions of subsection (a), would expire on January 8, 1989, the judge shall be elected or appointed to serve through January 11, 1987, as associate district judge of the district and on and after January 12, 1987, through January 8, 1989, as district judge in one of the new positions to be created in the district by this section.
(2) The remaining new district judge positions to be created in the district by this section shall be filled by nomination and election at the state primary and general elections in 1986 in the same manner as the nomination and election of a district judge to an existing position in the district.
(d) In a judicial district which selects judges of the district court by nonpartisan selection:
(1) When an associate district judge of the district stands for retention or is appointed for a term which, if not for the provisions of subsection (a), would expire on January 8, 1989, the judge shall be retained or appointed to serve through January 11, 1987, as associate district judge of the district and on and after January 12, 1987, through January 8, 1989, as district judge in one of the new positions to be created in the district by this section.
(2) Each remaining associate district judge of the district whose term will expire January 11, 1987, shall be eligible to stand for retention at the state general election in 1986 as district judge in one of the new positions to be created in the district by this section in the same manner as an incumbent district judge in an existing position of the judicial district. If any such associate district judge does not file a declaration of candidacy for retention in office as district judge in a new position to be created by this section, the new position shall be filled in the manner provided for filling a vacancy in an existing district judge position in the judicial district.
(e) If it is provided by law that an associate district judge position eliminated pursuant to this section shall be in a particular county and if a new division of the district court is created to replace that associate district judge position, any district judge of the new division of the district court shall be required to be a resident of the county in which the former associate district judge position was located.
History: L. 1983, ch. 105, § 8; April 28.
Records and judicial proceedings requiring the attestation of the clerk of the district court may, upon order of the chief judge of such court, be authenticated by the clerk by the use of a facsimile signature in lieu of the clerk's manual signature. The facsimile signature shall be a reproduction by engraving, imprinting, stamping or other means of the manual signature of the clerk. The clerk shall file with the secretary of state such clerk's manual signature and facsimile signature certified by such clerk under oath. Upon compliance with these provisions by the clerk, such clerk's facsimile signature has the same legal effect as such clerk's manual signature. Upon appropriate supreme court rule, an electronic signature of the clerk may be authorized and has the same legal effect as a manual signature.
History: L. 1988, ch. 110, § 1; L. 1999, ch. 57, § 25; L. 2010, ch. 70, § 3; July 1.
Every county shall provide security for each division of the district court as is determined by the county commissioners to be necessary and proper.
History: L. 1991, ch. 83, § 2; July 1.
Revisor's Note: Section was amended multiple times in 1999 session, see also 20-367a. Section was amended multiple times in the 2000 session, see also 20-367b. Section was also repealed by L. 2014, ch. 82, § 44, but L. 2014, ch. 82 was held to be an invalid enactment, see Solomon v. State, 303 Kan. 512, 364 P.3d 536 (2015).
History: L. 1992, ch. 315, § 2; L. 1994, ch. 335, § 4; L. 1996, ch. 234, § 3; L. 1996, ch. 234, § 4; L. 1999, ch. 127, § 10; L. 2000, ch. 177, § 4; L. 2001, ch. 5, § 78; L. 2002, ch. 51, § 1; L. 2003, ch. 101, § 8; L. 2004, ch. 95, § 1; L. 2006, ch. 195, § 8; L. 2008, ch. 95, § 5; L. 2009, ch. 143, § 8; L. 2010, ch. 73, § 1; Repealed, L. 2014, ch. 82, § 44; Repealed, L. 2016, ch. 78, § 10; July 1.
History: L. 1992, ch. 315, § 2; L. 1994, ch. 335, § 4; L. 1996, ch. 234, § 3; L. 1996, ch. 234, § 4; L. 1999, ch. 172, § 6; Repealed, L. 2000, ch. 177, § 9; Repealed, L. 2000, ch. 159, § 14; July 1.
History: L. 1992, ch. 315, § 2; L. 1994, ch. 335, § 4; L. 1996, ch. 234, § 3; L. 1996, ch. 234, § 4; L. 1999, ch. 127, § 10; L. 2000, ch. 159, § 3; Repealed, L. 2001, ch. 211, § 18; July 1.
The clerk of the district court shall remit at least monthly to the county treasurer of each county in the judicial district, and the county treasurer shall deposit the same to the credit of the county general fund, the amount equal to 40% of the total amount of bail forfeitures received in such county during the preceding calendar month.
History: L. 1998, ch. 52, § 3; April 9.
(a) If a judicial district creates a local fund, the court may impose a fee as provided in this section against any defendant for crimes involving a family or household member as provided in K.S.A. 21-5414, and amendments thereto, and against any defendant found to have committed a domestic violence offense pursuant to K.S.A. 22-4615, and amendments thereto. The chief judge of each judicial district where such fee is imposed shall set the amount of such fee by rules adopted in such judicial district in an amount not to exceed $100 per case.
(b) Such fees shall be deposited into the local fund and disbursed pursuant to recommendations of the chief judge under this act. All moneys collected by this section shall be paid into the domestic violence special programs fund in the county where the fee is collected, as established by the judicial district.
(c) Expenditures made in each judicial district shall be determined by the chief judge and shall be paid to domestic violence programs administered by the court and to local programs within the judicial district that enhance a coordinated community justice response to the issue of domestic violence.
History: L. 2001, ch. 177, § 14; L. 2010, ch. 101, § 4; L. 2011, ch. 91, § 10; July 1.
(a) On and after July 1, 2013, any defendant convicted of a crime under chapter 21 of the Kansas Statutes Annotated, and amendments thereto, in which a minor is a victim, shall pay an assessment fee in the amount of $400 to the clerk of the district court. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the children's advocacy center fund established in subsection (b).
(b) There is hereby established the children's advocacy center fund in the state treasury which shall be administered by the attorney general. All expenditures from the children's advocacy center fund shall be for operating expenditures of children's advocacy centers in the state that are eligible for funding pursuant to law. All expenditures from the children's advocacy center fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee.
History: L. 2004, ch. 142, § 1; L. 2013, ch. 117, § 1; July 1.
Notwithstanding any statute, law, rule, regulation or supreme court rule to the contrary, any county may provide electronic access to district court records that are otherwise publicly available. A county may charge reasonable fees, not to exceed those authorized by law, for providing electronic access to such records. No statute, law, rule, regulation or supreme court rule shall authorize the charging of a fee in addition to a county fee, if any, for providing electronic access to district court records.
History: L. 2006, ch. 148, § 1; July 1.
The purpose of this act* is to improve the enforcement of duties of support and restitution.
History: L. 1972, ch. 123, § 1; L. 1997, ch. 182, § 96; July 3.
(1) "Court" means the district court of this state.
(2) "Duty of support" includes any duty of support imposed by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, separate maintenance or otherwise.
(3) "Support" as used in this section and K.S.A. 20-378 and 20-379, and amendments thereto, means child support, whether interlocutory or final, and maintenance.
(4) "Obligor" means any person owing a duty of support or restitution.
(5) "Obligee" means any person or entity to whom a duty of support or restitution is owed.
(6) "Duty of restitution" includes any duty of restitution imposed by any agreement, diversion agreement, court order, decree or judgment, whether interlocutory or final, pursuant to a criminal conviction, order of assignment to intensive supervised probation, order of probation or condition of parole.
(7) "Restitution" as used in this section and K.S.A. 20-378 and 20-379, and amendments thereto, means monetary remuneration owed by an obligor to an obligee as compensation for loss incurred through criminal actions of the obligor which result in loss to the obligee. For the purposes of this act, restitution shall include court costs.
History: L. 1972, ch. 123, § 2; L. 1978, ch. 227, § 1; L. 1982, ch. 152, § 21; L. 1985, ch. 115, § 34; L. 1997, ch. 182, § 97; July 3.
The court may provide by rule adopted by the judge or judges of each of the judicial districts of Kansas for the establishment of the office of court trustee for the judicial district. The court trustee shall be a person licensed to practice law in the state of Kansas and shall be appointed by and serve at the pleasure of the chief judge of the judicial district.
History: L. 1972, ch. 123, § 3; L. 1985, ch. 115, § 35; L. 1999, ch. 57, § 36; July 1.
The court trustee shall have the responsibility:
(a) For collection of support or restitution from the obligor upon the written request of the obligee or upon the order of the court; and
(b) to compile a list of individuals who owe arrearages under a support order or have failed, after appropriate notice, to comply with a subpoena issued pursuant to a duty of support. The court trustee shall deliver such list to the secretary for children and families on a quarterly basis or more frequently as requested by the secretary.
History: L. 1972, ch. 123, § 4; L. 1997, ch. 182, § 98; L. 2007, ch. 174, § 1; L. 2014, ch. 115, § 18; July 1.
(a) The court trustee shall be authorized and empowered to pursue all civil remedies which would be available to the obligee or obligor in establishing and enforcing payment of support or restitution.
(b) The court trustee may also file motions for an increase or a decrease of the amount of support on behalf of any child. Any such motion to modify the amount of support shall not be heard until notice has been given to the obligee, the obligor and their attorneys of record, if any.
(c) The court trustee shall have the following additional powers and duties upon approval of the chief judge:
(1) To issue summonses, administrative subpoenas and subpoenas duces tecum to obligors, obligees and other witnesses who possess knowledge or books and records relating to enforcement of support or restitution to appear in the office of the trustee or before the district court for examination;
(2) to administer oaths and take sworn testimony on the record or by affidavit;
(3) to appoint special process servers as required to carry out the court trustee's responsibilities under this section;
(4) to enter into stipulations, acknowledgments, agreements and journal entries, subject to approval of the court; and
(5) to enter into contracts pursuant to K.S.A. 75-719, and amendments thereto, with the attorney general for the collection of debts owed to courts or restitution owed to obligees.
History: L. 1972, ch. 123, § 5; L. 1976, ch. 173, § 1; L. 1985, ch. 115, § 36; L. 1997, ch. 182, § 99; L. 1999, ch. 57, § 37; July 1.
(a) Except as provided further, to defray the expenses of operation of the court trustee's office, the court trustee is authorized to charge an amount: (1) Whether fixed or sliding scale, based upon the scope of services provided or upon economic criteria, not to exceed 5% of the support collected from obligors through such office, as determined necessary by the chief judge as provided by this section; (2) based upon the hourly cost of office operations for the provision of services on an hourly or per service basis, with the written agreement of the obligee; or (3) from restitution collected, not to exceed the fee authorized by the attorney general under any contract entered into pursuant to K.S.A. 75-719, and amendments thereto.
(b) All such amounts shall be paid to the court trustee operations fund of the county where collected. There shall be created a court trustee operations fund in the county treasury of each county or district court of each county, in each judicial district that establishes the office of court trustee for the judicial district. The moneys budgeted to fund the operation of existing court trustee offices and to fund the start-up costs of new court trustee offices established on or after January 1, 1992, whether as a result of a rule adopted pursuant to K.S.A. 20-377, and amendments thereto, or because this act has created a court trustee operations fund, shall be transferred from the county general fund to the court trustee operations fund. The county commissioners of the county or group of counties, if the judicial district consists of more than one county, by a majority vote, shall decide whether the county or counties will have a court trustee operations fund in the county treasury or the district court of each county. Except as provided by subsection (d), all expenditures from the court trustee operations fund shall be made in accordance with the provisions of K.S.A. 20-375 et seq., and amendments thereto, to enforce duties of support. Authorized expenditures from the court trustee operations fund may include repayment of start-up costs, expansions and operations of the court trustee's office to the county general fund. The court trustee shall be paid compensation as determined by the chief judge. The board of county commissioners of each county to which this act may apply shall provide suitable quarters for the office of court trustee, furnish stationery and supplies, and such furniture and equipment as shall, in the discretion of the chief judge, be necessary for the use of the court trustee. The chief judge shall fix and determine the annual budget of the office of the court trustee and shall review and determine on an annual basis the amount necessary to be charged to defray the expense of start-up costs, expansions and operations of the office of court trustee. All payments made by the secretary for children and families pursuant to K.S.A. 23-3113, and amendments thereto, or any grants or other monies received which are intended to further child support enforcement goals or restitution goals shall be deposited in the court trustee operations fund.
(c) The court trustee shall not charge or collect a fee for any support payment that is not paid through the central unit for collection and disbursements of support payments pursuant to K.S.A. 39-7,135, and amendments thereto.
(d) In a judicial district where the office of court trustee has ceased to exist, the chief judge may authorize expenditures from the court trustee operations fund for district court operations.
History: L. 1972, ch. 123, § 6; L. 1976, ch. 145, § 136; L. 1978, ch. 105, § 8; L. 1985, ch. 115, § 37; L. 1991, ch. 96, § 1; L. 1997, ch. 182, § 100; L. 1999, ch. 57, § 38; L. 2001, ch. 195, § 11; L. 2014, ch. 125, § 3; July 1.
History: L. 1972, ch. 123, § 6; L. 1976, ch. 145, § 136; L. 1978, ch. 105, § 8; L. 1985, ch. 115, § 37; L. 1991, ch. 96, § 1; L. 1997, ch. 182, § 100; L. 1999, ch. 57, § 38; L. 2001, ch. 195, § 11; L. 2014, ch. 115, § 19; Repealed, L. 2015, ch. 100, § 17; July 1.
(a) All expenditures provided for in this act shall be paid as follows:
(1) In each judicial district consisting of a single county such expenditure shall be paid by the board of county commissioners or chief judge from the court trustees operations fund as provided in K.S.A. 20-380, and amendments thereto.
(2) In each judicial district consisting of more than one county which has a single court trustee operation serving all the counties in that district, such expenditure shall be paid by the:
(A) Board of county commissioners of the county having the greatest amount of support or restitution money collected by the court trustee's office in such district from the court trustees operations fund of such county, and such board of county commissioners shall send a statement to the board of county commissioners of each of the other counties in such district for a proportional amount of such annual expenditures with such proportion to be based upon the respective amounts of support and restitution money collected by the court trustee's office of each county within such judicial district. Each board of county commissioners receiving a statement pursuant to this section shall make payment of the same from the court trustees operations fund of the county; or
(B) chief judge of such judicial district. Such judge shall pay such annual expenditures from the court trustee operations fund in the district court of each county based upon the respective amounts of support and restitution money collected by the court trustee's office of each county within such judicial district. The chief judge shall promptly reimburse the county general fund for expenditures made for salary, compensation and fringe benefits made on behalf of the court trustee's office pursuant to K.S.A. 20-162, 20-358 and 20-359, and amendments thereto.
(3) The expenditure for a court trustee office in a multicounty district which does not operate in all counties of the district shall be paid proportionately, as in subsection (2), from the court trustee operations fund of each county served by the court trustee.
(b) The chief judge and the board of county commissioners may agree on a reimbursement amount to the county general fund in an amount less than the total expenses of the court trustee's office, but such reimbursement amount shall not exceed the total expenses of the court trustee's office.
History: L. 1972, ch. 123, § 7; L. 1978, ch. 105, § 9; L. 1991, ch. 96, § 2; L. 1997, ch. 182, § 101; L. 1999, ch. 57, § 39; July 1.
The expenditure for salaries, compensation and necessary expenses of the office of court trustee provided for in this act may be paid during any budget year, even though the same was not included in the budget expenditures for such budget year, until such time as the office shall become self-supporting, as determined by the chief judge.
History: L. 1972, ch. 123, § 8; L. 1985, ch. 115, § 38; L. 1999, ch. 57, § 40; July 1.
(a) The district court shall provide by court rule for such other matters as are necessary to carry out the purpose of this act, including, but not limited to, the appointment of deputy trustees and other staff and a procedure to review written requests of the obligee or obligor for exemption from the office of court trustee's responsibility for collection of support or restitution as provided in subsection (b).
(b) (1) In reviewing the written request for exemption provided in subsection (a), the presiding judge shall make a determination on whether the claimant's request is a good cause claim based on all relevant factors.
(2) The presiding judge's determination shall be based upon the totality of the circumstances and no one factor shall be determinative as to the outcome of the claimant's request for such good cause claim for exemption.
History: L. 1972, ch. 123, § 9; L. 1991, ch. 96, § 3; L. 1997, ch. 182, § 102; July 3.
(a) For the fiscal year ending June 30, 2016, and for each fiscal year thereafter, the chief judge in each judicial district may elect to be responsible for the budget of such judicial district pursuant to the provisions of this section.
(b) For the fiscal year ending June 30, 2016, and each fiscal year thereafter, the chief judge in each judicial district who elects to be responsible for the budget shall prepare such budget and submit it to the chief justice of the supreme court pursuant to K.S.A. 20-158, and amendments thereto. On or before August 1, 2014, and each August 1 thereafter, the chief judge shall notify the chief justice if such chief judge is electing to be responsible for the district court budget for the ensuing fiscal year.
(c) Subject to appropriations therefor, the chief justice shall have the final authority to determine and approve the annual amount allocated to the budget for each judicial district court administration in which the chief judge has elected to be responsible for such budget. Annually, as soon as possible following legislation passed by the legislature and enacted into law appropriating moneys for the judicial branch, the chief justice shall determine such budgeted amount for each such judicial district court administration and notify the chief judge of each such judicial district. On or before June 30 of each fiscal year, the chief judge of each judicial district who elects to be responsible for the budget shall submit to the chief justice such district court's budget for the ensuing fiscal year based upon the dollar amount allocated to such district court by the chief justice for such fiscal year.
(d) After the amount of such district court budget is established by the chief justice, the expenditures under such budget, other than expenditures for salaries mandated by law, shall be under the control and supervision of the chief judge of such judicial district. The judicial administrator of the courts, pursuant to K.S.A. 20-318, and amendments thereto, shall approve all lawful claims submitted by the chief judge within the limits of such judicial district court budget.
(e) The compensation to be paid to district court personnel in such judicial district shall be determined by the chief judge of such judicial district.
(f) The chief judge of such judicial district who elects to be responsible for the budget shall have the authority and power to hire, promote, suspend, demote and dismiss all personnel as necessary to carry out the functions and duties of such judicial district.
(g) Whenever for any fiscal year it appears that the resources of any special revenue fund of the judicial branch are likely to be insufficient to cover the appropriations made against such special revenue funds, the chief justice shall be responsible for determining any allotment system so as to assure that expenditures for any particular fiscal year will not exceed the available resources of any special revenue fund of the judicial branch for that fiscal year. All chief judges who are responsible for the district court budget shall follow any allotment system determined by the chief justice for such fiscal year.
History: L. 2014, ch. 82, § 2; July 1.
Revisor's Note: L. 1931, ch. 170, § 1, which attempted to amend this section, held void, see annotations hereunder.
History: L. 1911, ch. 151, § 1; R.S. 1923, 20-401; L. 1925, ch. 149, § 1; Repealed, L. 1933, ch. 169, § 1; January 8, 1934.
History: L. 1911, ch. 151, § 2; R.S. 1923, 20-402; Repealed, L. 1925, ch. 149, § 5; March 13.
History: L. 1911, ch. 151, §§ 3–7; R.S. 1923, 20-403–20-407; Repealed, L. 1933, ch. 169, § 1; January 8, 1934.
History: L. 1911, ch. 151, § 8; R.S. 1923, 20-408; Repealed, L. 1933, ch. 287, § 10; April 1; L. 1933, ch. 169, § 1; January 8, 1934.
History: L. 1911, ch. 151, § 9; R.S. 1923, 20-409; Repealed, L. 1933, ch. 169, § 1; January 8, 1934.
History: L. 1911, ch. 151, § 10; L. 1920, ch. 33, § 1; R.S. 1923, 20-410; L. 1927, ch. 175, § 1; Repealed, L. 1933, ch. 169, § 1; January 8, 1934.
History: L. 1911, ch. 151, §§ 11–14; R.S. 1923, 20-411–20-414; Repealed, L. 1933, ch. 169, § 1; January 8, 1934.
History: L. 1933, ch. 169, §§ 1–4; Repealed, L. 1951, ch. 242, § 1; June 30.
History: L. 1951, ch. 246, § 1; L. 1953, ch. 172, § 1; Repealed, L. 1961, ch. 177, § 4; July 1.
History: L. 1951, ch. 246, §§ 2–12; Repealed, L. 1961, ch. 177, § 4; July 1.
History: L. 1968, ch. 402, §§ 1, 2; L. 1976, ch. 145, §§ 86, 87; Repealed, L. 1977, ch. 109, § 43; July 1.
History: L. 1968, ch. 402, § 4; L. 1976, ch. 145, § 88; Repealed, L. 1977, ch. 109, § 43; July 1.
History: L. 1968, ch. 402, § 3; L. 1976, ch. 145, § 89; Repealed, L. 1977, ch. 109, § 43; July 1.
Revisor's Note: Section transferred to 20-355.
History: L. 1968, ch. 402, § 6; L. 1972, ch. 98, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
Revisor's Note: Section transferred to 20-356.
Whenever the judges of the district court deem it necessary for the efficient and effective administration of justice, and with approval of the supreme court, such judges may establish specialized divisions of such district court. Such divisions may be established for, but not limited to, the following purposes: Probate matters, traffic cases, juvenile matters, domestic cases or any combination thereof. The chief judge, with the approval of the other judges of the district court, shall provide for the assignment and reassignment of judges to any specialized division established as provided in this section, and the chief judge shall provide for the assignment of cases to any such division. The chief judge also may assign a clerk of the district court, or an assistant or deputy district court clerk, to any such division to serve as chief clerk of such division. Such other personnel of the district court as are necessary for the operation thereof may be assigned to any such specialized division by the chief judge.
History: L. 1976, ch. 146, § 35; L. 1999, ch. 57, § 26; July 1.
History: L. 1920, ch. 31, § 1; L. 1923, ch. 124, § 1; R.S. 1923, 20-501; L. 1925, ch. 149, § 2; L. 1949, ch. 226, § 1; L. 1951, ch. 245, § 1; L. 1953, ch. 173, § 1; Repealed, L. 1968, ch. 402, § 8; March 30.
History: L. 1920, ch. 31, §§ 2–6; R.S. 1923, 20-502–20-506; Repealed, L. 1969, ch. 165, § 1; July 1.
History: L. 1920, ch. 31, § 7; R.S. 1923, 20-507; Repealed, L. 1933, ch. 287, § 10; April 1.
History: L. 1920, ch. 31, § 8; L. 1921, ch. 173, § 1; R.S. 1923, 20-508; L. 1943, ch. 142, § 1; L. 1945, ch. 205, § 14; L. 1947, ch. 253, § 14; Repealed, L. 1949, ch. 227, § 2; April 7.
History: L. 1949, ch. 227, § 1; L. 1951, ch. 247, § 1; L. 1957, ch. 245, § 18; Repealed, L. 1969, ch. 165, § 1; July 1.
History: L. 1920, ch. 31, § 9; R.S. 1923, 20-509; Repealed, L. 1969, ch. 165, § 1; July 1.
History: L. 1920, ch. 31, § 10; L. 1921, ch. 173, § 2; R.S. 1923, 20-510; Repealed, L. 1969, ch. 165, § 1; July 1.
History: L. 1920, ch. 31, § 11; R.S. 1923, 20-511; Repealed, L. 1969, ch. 165, § 1; July 1.
History: L. 1909, ch. 112, § 1; R.S. 1923, 20-601; L. 1925, ch. 149, § 3; L. 1949, ch. 226, § 2; L. 1953, ch. 174, § 1; L. 1955, ch. 181, § 1; L. 1961, ch. 174, § 1; L. 1965, ch. 217, § 1; L. 1967, ch. 172, § 1; Repealed, L. 1968, ch. 402, § 8; March 30.
History: L. 1961, ch. 174, § 2; Repealed, L. 1968, ch. 402, § 8; March 30.
History: L. 1965, ch. 217, § 2; Repealed, L. 1968, ch. 402, § 8; March 30.
History: L. 1965, ch. 217, § 3; L. 1967, ch. 172, § 2; Repealed, L. 1968, ch. 402, § 8; March 30.
History: L. 1909, ch. 112, § 2; R.S. 1923, 20-602; L. 1925, ch. 149, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1909, ch. 112, § 3; R.S. 1923, 20-603; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1909, ch. 112, § 4; R.S. 1923, 20-604; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1909, ch. 112, § 5; R.S. 1923, 20-605; Repealed, L. 1949, ch. 228, § 1; June 30.
History: L. 1909, ch. 112, § 6; R.S. 1923, 20-606; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1909, ch. 112, § 7; L. 1913, ch. 173, § 1; R.S. 1923, 20-607; L. 1967, ch. 170, § 1; L. 1969, ch. 166, § 1; L. 1972, ch. 153, § 54; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1909, ch. 112, §§ 8–12; R.S. 1923, 20-608–20-612; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1909, ch. 112, § 13; R.S. 1923, 20-613; Repealed, L. 1937, ch. 206, § 2; March 25.
History: L. 1931, ch. 176, § 1; L. 1937, ch. 206, § 1; L. 1991, ch. 83, § 1; Repealed, L. 2002, ch. 56, § 3; July 1.
History: L. 1927, ch. 176, § 1; L. 1931, ch. 171, § 1; L. 1943, ch. 143, § 1; L. 1945, ch. 182, § 1; L. 1974, ch. 139, § 1; L. 1975, ch. 184, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1945, ch. 182, § 2; L. 1961, ch. 175, § 1; L. 1965, ch. 218, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1937, ch. 207, § 1; L. 1943, ch. 144, § 1; Repealed, L. 1945, ch. 182, § 6; April 3.
History: L. 1937, ch. 207, § 2; Repealed, L. 1945, ch. 182, § 6; April 3.
History: L. 1937, ch. 207, § 3; L. 1945, ch. 182, § 3; L. 1947, ch. 254, § 16; L. 1949, ch. 268, § 16; L. 1951, ch. 274, § 16; L. 1953, ch. 212, § 15; L. 1955, ch. 222, § 1; L. 1957, ch. 246, § 16; L. 1961, ch. 214, § 13; L. 1963, ch. 238, § 3; L. 1965, ch. 218, § 4; L. 1967, ch. 171, § 1; L. 1968, ch. 300, § 1; L. 1969, ch. 167, § 1; L. 1970, ch. 119, § 1; L. 1971, ch. 101, § 1; L. 1972, ch. 153, § 30; L. 1973, ch. 175, § 40; L. 1974, ch. 139, § 2; L. 1974, ch. 361, § 7; L. 1976, ch. 380, § 20; Repealed, L. 1976, ch. 380, § 26; January 10, 1977.
History: L. 1937, ch. 207, § 4; L. 1945, ch. 182, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1937, ch. 207, § 5; Repealed, L. 1945, ch. 182, § 6; April 3.
History: L. 1945, ch. 182, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 235, § 1; L. 1969, ch. 168, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 235, §§ 2, 3; Repealed, L. 1969, ch. 204, § 18; July 1.
History: L. 1947, ch. 235, § 4; L. 1951, ch. 248, § 1; L. 1957, ch. 201, § 1; L. 1961, ch. 176, § 1; L. 1963, ch. 239, § 19; L. 1965, ch. 159, § 17; L. 1969, ch. 168, § 2; L. 1974, ch. 361, § 8; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1969, ch. 168, § 3; L. 1974, ch. 361, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1969, ch. 168, § 4; Repealed, L. 1970, ch. 104, § 1; July 1.
History: L. 1947, ch. 235, § 5; Repealed, L. 1969, ch. 204, § 18; July 1.
The board of county commissioners of any county in this state having a population of more than 300,000 is hereby authorized to issue no-fund warrants for the purpose of paying all costs incurred in providing additional quarters in any available space of the courthouse for the holding of court and jury and retiring rooms, except that before such warrants shall be issued the board of county commissioners shall have received from all of the judges of the appropriate court a resolution certifying to necessity of additional quarters. Such no-fund warrants shall be issued in the manner and form, bear interest and be redeemed as prescribed by K.S.A. 79-2940, and amendments thereto, except that they may be issued without the approval of the state board of tax appeals, and without the notation required by said section. The board of county commissioners shall make a tax levy at the first tax levying period after such warrants are issued, sufficient to pay such warrants and the interest thereon, except that in lieu of making only one tax levy, the county commissioners may, if it deems it advisable, make a tax levy each year for not to exceed five years in approximately equal installments for the purpose of paying said warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to or within the aggregate tax levy limitation prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. None of the provisions of the state budget law shall apply to any expenditure which has been provided for by the issuance of warrants under this act.
History: L. 1968, ch. 387, § 1; L. 2008, ch. 109, § 53; L. 2014, ch. 141, § 47; July 1.
History: L. 1972, ch. 99, § 1; L. 1973, ch. 133, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1975, ch. 177, § 1; Repealed, L. 1977, ch. 112, § 36; May 14.
History: L. 1974, ch. 120, § 1; L. 1975, ch. 185, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1974, ch. 133, § 1; L. 1976, ch. 145, § 90; Repealed, L. 1977, ch. 112, § 36; May 14.
History: L. 1976, ch. 144, § 1; Repealed, L. 1977, ch. 112, § 36; May 14.
History: L. 1976, ch. 116, § 1; Repealed, L. 1981, ch. 135, § 1; July 1.
History: L. 1923, ch. 125, § 1; R.S. 1923, 20-701; L. 1961, ch. 177, § 1; L. 1967, ch. 172, § 3; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 125, §§ 2, 3; R.S. 1923, 20-702, 20-703; L. 1961, ch. 177, §§ 2, 3; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 125, §§ 4–6; R.S. 1923, 20-704–20-706; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 125, § 7; R.S. 1923, 20-707; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 125, § 8; R.S. 1923, 20-708; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 125, § 9; R.S. 1923, 20-709; L. 1963, ch 205, § 1; L. 1967, ch. 173, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 125, § 10; R.S. 1923, 20-710; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 125, §§ 11, 12; R.S. 1923, 20-711, 20-712; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1963, ch. 205, § 2; Repealed, L. 2002, ch. 56, § 3; July 1.
History: L. 1923, ch. 131, § 1; R.S. 1923, 20-801; L. 1967, ch. 174, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1945, ch. 183, § 1; L. 1953, ch. 175, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 2; R.S. 1923, 20-802; L. 1945, ch. 183, § 2; L. 1953, ch. 175, § 2; L. 1967, ch. 174, § 3; L. 1972, ch. 100, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1967, ch. 174, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 3; R.S. 1923, 20-803; L. 1939, ch. 170, § 1; L. 1965, ch. 160, § 7; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 4; R.S. 1923, 20-804; Repealed, L. 1943, ch. 162, § 20; April 1.
History: L. 1945, ch. 203, § 2; Repealed, L. 1957, ch. 242, § 15; July 1.
History: L. 1923, ch. 131, § 5; R.S. 1923, 20-805; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 6; R.S. 1923, 20-806; L. 1965, ch. 219, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 219, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 7; R.S. 1923, 20-807; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 8; R.S. 1923, 20-808; L. 1941, ch. 207, § 1; L. 1963, ch. 206, § 1; L. 1967, ch. 175, § 1; L. 1969, ch. 169, § 1; L. 1976, ch. 149, § 4; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1923, ch. 131, §§ 9, 10; R.S. 1923, 20-809, 20-810; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 131, §§ 11–14; R.S. 1923, 20-811–20-814; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 131, § 15; R.S. 1923, 20-815; L. 1939, ch. 171, § 1; L. 1941, ch. 208, § 1; L. 1969, ch. 169, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 16; R.S. 1923, 20-816; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 131, § 17; R.S. 1923, 20-817; L. 1927, ch. 178, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 131, § 18; R.S. 1923, 20-818; L. 1965, ch. 220, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 131, § 19; R.S. 1923, 20-819; L. 1969, ch. 169, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1939, ch. 172, § 1; L. 1971, ch. 102, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 220, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 171, § 1; R.S. 1923, 20-901; L. 1969, ch. 170, § 1; L. 1972, ch. 101, § 1; L. 1974, ch. 136, § 1; L. 1975, ch. 186, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 171, § 2; R.S. 1923, 20-902; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 171, § 3; R.S. 1923, 20-903; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
Revisor's Note: Section transferred to 28-170b.
History: L. 1963, ch. 207, § 1; L. 1967, ch. 177, § 1; L. 1968, ch. 334, § 1; L. 1971, ch. 103, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1963, ch. 207, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1885, ch. 189, § 2; R.S. 1923, 20-905; Repealed, L. 1941, ch. 209, § 4; June 30.
History: L. 1919, ch. 177, § 1; L. 1923, ch. 123, § 1; R.S. 1923, 20-906; L. 1941, ch. 210, § 1; L. 1945, ch. 184, § 1; L. 1967, ch. 177, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1911, ch. 154, § 1; R.S. 1923, 20-907; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1901, ch. 131, §§ 1, 2; R.S. 1923, 20-908, 20-909; Repealed, L. 1977, ch. 109, § 43; July 1.
History: L. 1905, ch. 494, § 1; R.S. 1923, 20-910; Repealed, L. 1941, ch. 209, § 4; June 30.
That the transcript of notes of any duly appointed official reporter of the district court of any proceedings taken by such reporter in any court in the state of Kansas, which shall thereafter be transcribed by such reporter, and certified by him to be a true copy of all the evidence of any witness or witnesses examined or other proceedings had in such court, may be introduced in evidence by any party desiring to use the same under like circumstances and with like effect as the deposition of such witness or witnesses, or for any purpose for which the same may be competent.
History: L. 1943, ch. 151, § 1; March 24.
That if any court stenographer shall purposely and falsely certify to or shall falsely verify his notes, or omit from his notes any portion of the proceedings relating to the matter called for by the party desiring to use the same, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars, or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment, in the discretion of the court.
History: L. 1905, ch. 494, § 2; February 23; R.S. 1923, 20-911.
It shall be the duty of the supreme court of Kansas, under such rules as the court shall deem necessary, and in substantially the same manner as attorneys at law are licensed to practice law, to grant certificates of eligibility for appointment as official reporters of the district courts.
History: L. 1941, ch. 209, § 1; June 30.
One holding such a certificate shall have the right to use the title "certified shorthand reporter," and is hereby authorized and empowered to administer oaths, and to have an official seal which shall be used to authenticate his official acts. The impress of such seal shall be recorded in the office of the clerk of the district court for the county in which he resides. Such seal may be of his own design but shall bear his name and the words "certified shorthand reporter."
History: L. 1941, ch. 209, § 2; L. 1949, ch. 229, § 1; L. 1967, ch. 178, § 1; April 27.
No person who does not hold such a certificate shall be appointed official reporter of a district court.
History: L. 1941, ch. 209, § 3; June 30.
History: L. 1943, ch. 46, § 1; L. 1956, ch. 52, § 5; L. 1957, ch. 431, § 4; L. 1963, ch. 398, § 8; Repealed, L. 1973, ch. 129, § 9; July 1.
Revisor's Note: This section previously contained rules of the supreme court. Rules of the supreme court relating to official court reporters are now published by the Supreme Court Reporter, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1507.
(a) The supreme court shall provide by rule for the assignment of an official court reporter appointed in any judicial district to duty in another judicial district.
(b) The supreme court shall regulate the making of the records of all court proceedings and shall adopt rules governing the preparation and sale of trial transcripts.
(c) An official court reporter shall have the power to administer oaths in any court proceeding in the same manner and to the same extent provided by law for the administering of oaths by district judges.
(d) Official court reporters shall be reimbursed for the actual and necessary expenses incurred in the performance of their official duties, in the same manner and to the same extent district judges are so reimbursed.
History: L. 1976, ch. 146, § 37; L. 1978, ch. 108, § 12; January 1, 1979.
History: L. 1899, ch. 131, § 2; L. 1901, ch. 152, § 1; L. 1903, ch. 203, § 1; R.S. 1923, 20-1001; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1887, ch. 137, § 1; R.S. 1923, 20-1002; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1885, ch. 111, § 1; L. 1897, ch. 112, § 1; R.S. 1923, 20-1003; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 102, § 1; R.S. 1923, 20-1004; Repealed, L. 1965, ch. 222, § 1; June 30.
History: L. 1953, ch. 183, § 3; L. 1965, ch. 223, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1953, ch. 183, § 2; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 106, § 2; R.S. 1923, 20-1005; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1905, ch. 199, § 4; L. 1909, ch. 110, § 1; L. 1911, ch. 158, § 1; R.S. 1923, 20-1006; L. 1949, ch. 230, § 2; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1949, ch. 230, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1905, ch. 200, § 1; L. 1911, ch. 159, § 1; R.S. 1923, 20-1007; L. 1941, ch. 211, § 1; L. 1955, ch. 183, § 1; L. 1957, ch. 203, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 106, § 4; L. 1897, ch. 115, § 1; L. 1901, ch. 155, § 1; R.S. 1923, 20-1008; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 196, § 6; L. 1899, ch. 132, § 1; L. 1923, ch. 126, § 1; R.S. 1923, 20-1009; Repealed, L. 1951, ch. 242, § 1; June 30.
History: L. 1939, ch. 175, § 3; L. 1949, ch. 231, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1939, ch. 175, § 2; Repealed, L. 1949, ch. 231, § 2; October 1.
History: L. 1887, ch. 139, § 1; L. 1899, ch. 133, § 1; L. 1917, ch. 157, § 1; R.S. 1923, 20-1010; L. 1949, ch. 230, § 3; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1901, ch. 157, § 1; R.S. 1923, 20-1011, ¶ 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1901, ch. 156, § 1; R.S. 1923, 20-1011, ¶ 2; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1889, ch. 118, § 8; L. 1895, ch. 97, § 1; L. 1909, ch. 111, § 1; R.S. 1923, 20-1012; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 106, § 8; L. 1897, ch. 116, § 1; L. 1903, ch. 204, § 1; L. 1907, ch. 170, § 1; L. 1915, ch. 190, § 1; R.S. 1923, 20-1013; L. 1937, ch. 208, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1907, ch. 171, § 3; R.S. 1923, 20-1014; Repealed, L. 1947, ch. 224, § 1; June 30.
History: L. 1927, ch. 183, § 1; L. 1929, ch. 163, § 1; L. 1939, ch. 173, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1887, ch. 141, § 1; R.S. 1923, 20-1015; L. 1925, ch. 150, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1907, ch. 171, § 5; L. 1923, ch. 127, § 1; R.S. 1923, 20-1016; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1899, ch. 134, § 1; R.S. 1923, 20-1017; L. 1925, ch. 151, § 1; L. 1957, ch. 204, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1903, ch. 205, § 1; R.S. 1923, 20-1018; L. 1955, ch. 184, § 1; L. 1957, ch. 205, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 106, § 10; R.S. 1923, 20-1019; Repealed, L. 1947, ch. 224, § 1; June 30.
History: L. 1927, ch. 186, § 3; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1901, ch. 158, § 1; R.S. 1923, 20-1020; L. 1943, ch. 145, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1889, ch. 118, § 18; L. 1895, ch. 101, § 1; L. 1917, ch. 158, § 1; R.S. 1923, 20-1021; L. 1961, ch. 179, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1907, ch. 172, § 1; R.S. 1923, 20-1022; L. 1957, ch. 206, § 1; L. 1963, ch. 208, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 128, § 1; R.S. 1923, 20-1023; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1919, ch. 173, § 1; R.S. 1923, 20-1024; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1927, ch. 186, § 5; L. 1941, ch. 212, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1908, ch. 53, § 1; R.S. 1923, 20-1025; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1895, ch. 99, § 4; L. 1897, ch. 117, § 1; L. 1917, ch. 159, § 1; R.S. 1923, 20-1026; L. 1941, ch. 213, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1907, ch. 175, § 1; L. 1923, ch. 129, § 1; R.S. 1923, 20-1027; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1919, ch. 174, § 1; R.S. 1923, 20-1028; Repealed, L. 1947, ch. 224, § 1; June 30.
History: L. 1927, ch. 184, § 1; L. 1929, ch. 164, § 1; L. 1931, ch. 172, § 1; L. 1955, ch. 185, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1908, ch. 50, §§ 1–10; L. 1913, ch. 177, §§ 1–10; L. 1919, ch. 175, § 1; R.S. 1923, 20-1029; Repealed, L. 1947, ch. 224, § 1; June 30.
History: L. 1927, ch. 185, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1889, ch. 118, § 34; L. 1903, ch. 208, § 1; R.S. 1923, 20-1030; L. 1929, ch. 165, § 1; L. 1939, ch. 174, § 1; L. 1963, ch. 209, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 130, § 1; R.S. 1923, 20-1031; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 130, § 2; R.S. 1923, 20-1032; L. 1957, ch. 207, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1923, ch. 130, § 3; R.S. 1923, 20-1033; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1903, ch. 209, § 4; R.S. 1923, 20-1034; L. 1949, ch. 232, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1905, ch. 199, § 3; L. 1921, ch. 172, § 1; R.S. 1923, 20-1035; L. 1931, ch. 173, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1925, ch. 152, § 3; L. 1931, ch. 174, § 1; L. 1941, ch. 214, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1867, ch. 52, § 10; G.S. 1868, ch. 28, p. 308, § 10; R.S. 1923, 20-1036; Repealed, L. 2007, ch. 190, § 19; July 1.
History: L. 1867, ch. 52, § 13; G.S. 1868, ch. 28, p. 309, § 13; R.S. 1923, 20-1037; Repealed, L. 1951, ch. 242, § 1; June 30.
History: L. 1939, ch. 175, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1939, ch. 175, § 4; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1939, ch. 175, § 5; L. 1955, ch. 186, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1953, ch. 183, § 5; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1953, ch. 183, § 4; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1953, ch. 183, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: L. 1959, ch. 159, § 1; Repealed, L. 1968, ch. 385, § 39; March 30.
History: G.S. 1868, ch. 29, § 1; R.S. 1923, 20-1101; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 29, § 2; R.S. 1923, 20-1102; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 29, § 3; L. 1891, ch. 157, § 1; L. 1911, ch. 188, § 20; R.S. 1923, 20-1103; Repealed, L. 1939, ch. 180, § 280; July 1.
History: G.S. 1868, ch. 29, § 4; L. 1891, ch. 157, § 2; R.S. 1923, 20-1104; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1869, ch. 38, § 1; R.S. 1923, 20-1105; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1872, ch. 122, § 1; L. 1891, ch. 157, § 3; R.S. 1923, 20-1106; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1905, ch. 191, § 1; R.S. 1923, 20-1107; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1907, ch. 166, § 1; R.S. 1923, 20-1108; Repealed, L. 1939, ch. 180, § 280; July 1.
History: L. 1907, ch. 166, §§ 2, 3; R.S. 1923, 20-1109, 20-1110; Repealed, L. 1939, ch. 180, § 280; July 1.
That contempts of court are divided into two classes, direct and indirect, and shall be proceeded against only as hereinafter prescribed.
History: L. 1897, ch. 106, § 1; May 8; R.S. 1923, 20-1201.
That contempts committed during the sitting of the court or of a judge at chambers, in its or his presence, are direct contempts. All others are indirect contempts.
History: L. 1897, ch. 106, § 2; May 8; R.S. 1923, 20-1202.
That a direct contempt may be punished summarily, without written accusation against the person arraigned, but if the court or judge in chambers shall adjudge him guilty thereof a judgment shall be entered of record, in which shall be specified the conduct constituting such contempt, with a statement of whatever defense or extenuation the accused offered thereto, and the sentence of the court thereon.
History: L. 1897, ch. 106, § 3; L. 1901, ch. 123, § 1; May 1; R.S. 1923, 20-1203.
History: L. 1897, ch. 106, § 4; L. 1901, ch. 123, § 2; R.S. 1923, 20-1204; Repealed, L. 1978, ch. 114, § 2; July 1.
(a) When an order in a civil action has been entered, the court that rendered the same may order a person alleged to be guilty of indirect contempt of such order to appear and show cause why such person should not be held in contempt if there is filed a motion requesting an order to appear and show cause which is accompanied by an affidavit specifically setting forth the facts constituting the alleged violation.
(b) Except as provided in subsection (e), the order to appear and show cause shall be served upon the party allegedly in contempt by the sheriff or some other person appointed by the court for such purpose. Such order shall state the time and place where the person is to appear and shall be accompanied by a copy of the affidavit provided for in subsection (a). The court shall hear the matter at the time specified in the order, and upon proper showing, may extend the time so as to give the accused a reasonable opportunity to purge oneself of the contempt. If the court determines that a person is guilty of contempt such person shall be punished as the court shall direct.
(c) If, after proper service of the order to appear and show cause, the person served shall not appear in court as ordered, or if the court finds at a hearing held on motion of a party to the civil action that the person allegedly in contempt is secreting oneself to avoid the process of the court, the court may issue a bench warrant commanding that the person be brought before the court to answer for contempt. When such person is brought before the court, the court shall proceed as provided in subsection (b). The court may make such orders concerning the release of the person pending the hearing as the court deems proper.
(d) The provisions of this section shall apply to both criminal and civil contempts, but in the case of a criminal contempt the court on its own motion may cause the motion and affidavit provided for in subsection (a) to be filed.
(e) In cases involving an alleged violation of a restraining order issued pursuant to subsection (a)(2) of K.S.A. 23-2707, and amendments thereto, if the affidavit filed pursuant to subsection (a) alleges physical abuse in violation of the court's order, the court immediately may issue a bench warrant and proceed as provided in subsection (c).
(f) If a person is found guilty of contempt in a child support enforcement proceeding, including an assignment of child support rights to the commissioner of juvenile justice and the evidence shows that the person is or may be authorized to practice a profession by a licensing body as defined in K.S.A. 74-146, and amendments thereto, the court, in addition to any other remedies, may order that a notice pursuant to subsection (a) of K.S.A. 74-147, and amendments thereto, be served on the licensing body. If the person found guilty of contempt as provided in this subsection is a licensed attorney, the court may file a complaint with the disciplinary administrator if the licensing agency is the Kansas supreme court, or the appropriate bar counsel's office if the licensee practices in another state.
(g) If a person is found guilty of contempt in a child support enforcement proceeding, including an assignment of child support rights to the commissioner of juvenile justice, in an amount equal to or greater than the amount of support payable for six months or the obligor has been ordered by the court to pay a sum certain each month toward the liquidation of the arrearages and the obligor has substantially failed to abide by that order, the court may restrict the obligor's driver's license. Such restriction may include, but not be limited to, driving to, from and during the course of such person's employment. The court may order the public office, as defined in K.S.A. 23-3102, and amendments thereto, to contact the division of vehicles of the department of revenue to restrict the obligor's driver's license as indicated in the court order until further order of the court.
(h) The court shall not recognize a motion to issue nor order in a civil or criminal action a contempt citation against any person who reports or publishes the information that a gag order has been issued by the court.
History: L. 1978, ch. 114, § 1; L. 1994, ch. 292, § 17; L. 1994, ch. 327, § 1; L. 1996, ch. 229, § 17; L. 1996, ch. 229, § 18; L. 2012, ch. 162, § 31; May 31.
The testimony taken on the trial of any accusation of contempt shall be preserved. An appeal may be taken from any judgment of conviction therefor in the same manner as is provided by law in civil cases. Upon the filing and service of a notice of appeal, execution of the judgment shall be stayed upon the giving of such bond as may be required by the court or a judge thereof, or by any justice or judge of an appellate court.
History: L. 1897, ch. 106, § 5; R.S. 1923, 20-1205; L. 1979, ch. 83, § 1; July 1.
The provisions of this act shall apply to all proceedings for contempt in all courts of Kansas and before all judges of the district court in chambers; but this act shall not affect any proceedings for contempt pending at the time of the passage thereof. Upon request by a district judge the attorney general shall furnish said court with a special prosecutor to prosecute contempt proceedings.
History: L. 1897, ch. 106, § 6; L. 1901, ch. 123, § 3; R.S. 1923, 20-1206; L. 1967, ch. 179, § 1; L. 1976, ch. 145, § 91; January 10, 1977.
History: L. 1935, ch. 148, § 1; Repealed, L. 1978, ch. 114, § 2; July 1.
History: L. 1913, ch. 170, §§ 1–12; R.S. 1923, 20-1301–20-1312; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1923, ch. 132, § 1; R.S. 1923, 20-1401; L. 1927, ch. 179, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 2; R.S. 1923, 20-1402; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 3; R.S. 1923, 20-1403; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 4; R.S. 1923, 20-1404; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 5; R.S. 1923, 20-1405; L. 1947, ch. 225, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, §§ 6, 7; R.S. 1923, 20-1406, 20-1407; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 8; R.S. 1923, 20-1408; L. 1947, ch. 226, § 1; L. 1951, ch. 250, § 1; L. 1955, ch. 187, § 1; L. 1957, ch. 208, § 1; L. 1959, ch. 156, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, §§ 9, 10; R.S. 1923, 20-1409, 20-1410; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 11; R.S. 1923, 20-1411; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, §§ 12–17; R.S. 1923, 20-1412–20-1417; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, § 18; R.S. 1923, 20-1418; L. 1955, ch. 188, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1923, ch. 132, §§ 19–23; R.S. 1923, 20-1419–20-1423; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1933, ch. 170, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1939, ch. 176, § 1; L. 1947, ch. 227, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1939, ch. 176, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 227, § 2; L. 1957, ch. 209, § 1; L. 1961, ch. 180, § 1; L. 1963, ch. 210, § 1; L. 1965, ch. 224, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, §§ 2, 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, § 4; L. 1973, ch. 134, § 8; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, § 5; L. 1953, ch. 176, § 1; L. 1969, ch. 169, § 4; L. 1976, ch. 149, § 5; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1933, ch. 170, § 6; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1933, ch. 170, § 7; L. 1969, ch. 169, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, §§ 8, 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, § 10; L. 1969, ch. 169, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, § 11; L. 1941, ch. 215, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, §§ 12, 13; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1933, ch. 170, §§ 14–17; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, § 18; L. 1973, ch. 134, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1933, ch. 170, § 19; L. 1935, ch. 151, § 1; L. 1943, ch. 146, § 1; L. 1949, ch. 233, § 1; L. 1951, ch. 251, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1935, ch. 152, § 1; L. 1953, ch. 177, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1935, ch. 152, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1945, ch. 190, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 1; R.S. 1923, 20-1501; L. 1929, ch. 166, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1929, ch. 166, §§ 2–4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1929, ch. 166, § 5; L. 1943, ch. 147, § 1; L. 1947, ch. 228, § 1; L. 1949, ch. 234, § 1; L. 1951, ch. 252, § 1; L. 1957, ch. 210, § 1; L. 1961, ch. 181, § 1; L. 1967, ch. 180, § 1; L. 1969, ch. 171, § 1; Repealed, L. 1972, ch. 153, § 58; January 8, 1973.
History: L. 1929, ch. 166, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 2; R.S. 1923, 20-1502; L. 1969, ch. 169, § 7; L. 1976, ch. 149, § 6; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1899, ch. 125, § 3; R.S. 1923, 20-1503; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 125, § 4; R.S. 1923, 20-1504; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 5; R.S. 1923, 20-1505; L. 1969, ch. 171, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 6; L. 1903, ch. 210, § 1; R.S. 1923, 20-1506; L. 1969, ch. 169, § 8; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 7; L. 1903, ch. 210, § 2; L. 1917, ch. 197, § 1; L. 1919, ch. 182, § 1; R.S. 1923, 20-1507; L. 1941, ch. 216, § 1; L. 1943, ch. 147, § 2; L. 1947, ch. 228, § 2; L. 1949, ch. 234, § 2; L. 1951, ch. 252, § 2; L. 1957, ch. 210, § 2; L. 1961, ch. 181, § 2; L. 1969, ch. 171, § 2; L. 1972, ch. 153, § 31; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 8; R.S. 1923, 20-1508; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 9; R.S. 1923, 20-1509; L. 1969, ch. 169, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 10; R.S. 1923, 20-1510; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 11; R.S. 1923, 20-1511; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 125, § 12; R.S. 1923, 20-1512; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 125, §§ 13–16; R.S. 1923, 20-1513–20-1516; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 17; L. 1903, ch. 210, § 3; R.S. 1923, 20-1517; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 18; L. 1903, ch. 210, § 4; R.S. 1923, 20-1518; L. 1973, ch. 134, § 10; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 19; R.S. 1923, 20-1519; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, §§ 20, 21; R.S. 1923, 20-1520, 20-1521; L. 1973, ch. 134, §§ 11, 12; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 22; R.S. 1923, 20-1522; L. 1931, ch. 175, § 1; L. 1945, ch. 186, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 125, § 23; R.S. 1923, 20-1523; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, §§ 1, 2; R.S. 1923, 20-1601, 20-1602; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 3; L. 1903, ch. 211, § 1; L. 1905, ch. 129, § 1; L. 1907, ch. 180, § 1; L. 1911, ch. 152, § 5; R.S. 1923, 20-1603; L. 1929, ch. 167, § 1; L. 1957, ch. 211, § 1; L. 1969, ch. 169, § 10; L. 1976, ch. 149, § 7; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1899, ch. 126, § 3; R.S. 1923, 20-1604; L. 1972, ch. 102, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 4; L. 1903, ch. 211, § 2; R.S. 1923, 20-1605; L. 1949, ch. 235, § 1; L. 1957, ch. 211, § 2; L. 1972, ch. 102, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 5; L. 1903, ch. 211, § 3; R.S. 1923, 20-1606; L. 1949, ch. 235, § 2; L. 1961, ch. 182, § 1; L. 1963, ch. 211, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 6; R.S. 1923, 20-1607; L. 1951, ch. 253, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 7; R.S. 1923, 20-1608; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 126, § 8; R.S. 1923, 20-1609; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 9; L. 1903, ch. 211, § 4; L. 1911, ch. 152, § 3; R.S. 1923, 20-1610; L. 1949, ch. 235, § 3; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 126, § 10; R.S. 1923, 20-1611; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 126, §§ 11–15; R.S. 1923, 20-1612–20-1616; Repealed, L. 1976. ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, §§ 16, 17; R.S. 1923, 20-1617, 20-1618; L. 1957, ch. 211, §§ 3, 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1957, ch. 211, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, §§ 18, 19; R.S. 1923, 20-1619, 20-1620; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, §§ 20, 21; R.S. 1923, 20-1621, 20-1622; L. 1973, ch. 134, §§ 13, 14; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 22; R.S. 1923, 20-1623; L. 1957, ch. 211, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 23; R.S. 1923, 20-1624; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 24; R.S. 1923, 20-1625; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1903, ch. 211, § 5; R.S. 1923, 20-1626; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 126, § 25; R.S. 1923, 20-1627; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 126, § 26; L. 1911, ch. 152, § 1; R.S. 1923, 20-1628; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 27; R.S. 1923, 20-1629; L. 1949, ch. 235, § 4; Repealed, L. 1972, ch. 102, § 6; July 1.
History: L. 1899, ch. 126, §§ 28–31; R.S. 1923, 20-1630–20-1633; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 126, § 32; R.S. 1923, 20-1634; Repealed, L. 1951, ch. 242, § 1; June 30.
History: L. 1957, ch. 211, § 7; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1957, ch. 211, § 8; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1897, ch. 107, §§ 1, 2, 3, 4, 6, 10, 15, 19, 20, 21; L. 1903, ch. 212, §§ 1, 2; L. 1917, ch. 161, §§ 1, 2; L. 1919, ch. 179, § 1; L. 1920, ch. 34, §§ 1, 2; L. 1923, ch. 133, § 1; R.S. 1923, 20-1701; Repealed, L. 1927, ch. 180, § 26; March 23.
History: L. 1923, ch. 133, §§ 2, 3; R.S. 1923, 20-1702, 20-1703; L. 1925, ch. 155, §§ 1, 2; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1897, ch. 107, § 7; L. 1905, ch. 192, § 4; R.S. 1923, 20-1704; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1923, ch. 133, § 4; R.S. 1923, 20-1705; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1923, ch. 133, § 5; R.S. 1923, 20-1706; L. 1925, ch. 155, § 3; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1923, ch. 133, § 6; R.S. 1923, 20-1707; L. 1925, ch. 155, § 4; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1923, ch. 133, § 7; R.S. 1923, 20-1708; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1923, ch. 133, §§ 8–19; R.S. 1923, 20-1709–20-1720; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1905, ch. 192, § 2; R.S. 1923, 20-1721; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1897, ch. 107, § 5; L. 1905, ch. 192, § 3; R.S. 1923, 20-1722; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1897, ch. 107, §§ 8, 9; R.S. 1923, 20-1723, 20-1724; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1897, ch. 107, §§ 11–14; R.S. 1923, 20-1725–20-1728; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1897, ch. 107, §§ 16–18; R.S. 1923, 20-1729–20-1731; Repealed, L. 1927, ch. 180, § 25; March 23.
History: L. 1899, ch. 128, § 1; L. 1901, ch. 167, § 1; L. 1905, ch. 194, § 1; L. 1915, ch. 200, § 1; R.S. 1923, 20-1801; L. 1941, ch. 217, § 1; L. 1971, ch. 104, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1915, ch. 200, § 2; R.S. 1923, 20-1802; Repealed, L. 1941, ch. 217, § 3; June 30.
History: L. 1899, ch. 128, § 2; L. 1901, ch. 167, § 2; R.S. 1923, 20-1803; L. 1967, ch. 175, § 2; L. 1969, ch. 169, § 11; L. 1976, ch. 149, § 8; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1899, ch. 128, § 3; L. 1901, ch. 167, § 3; L. 1905, ch. 194, § 2; R.S. 1923, 20-1804; L. 1969, ch. 169, § 12; L. 1971, ch. 104, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1901, ch. 167, § 9; R.S. 1923, 20-1805; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 128, § 5; L. 1905, ch. 194, § 4; L. 1915, ch. 199, § 1; R.S. 1923, 20-1806; L. 1945, ch. 186, § 2; L. 1951, ch. 254, § 1; L. 1971, ch. 104, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 6; L. 1905, ch. 194, § 5; R.S. 1923, 20-1807; L. 1969, ch. 169, § 13; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 194, § 6; R.S. 1923, 20-1808; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1920, ch. 36, § 1; R.S. 1923, 20-1809; L. 1925, ch. 156, § 1; L. 1941, ch. 217, § 2; L. 1945, ch. 185, § 1; L. 1947, ch. 229, § 1; L. 1949, ch. 236, § 1; L. 1961, ch. 183, § 1; L. 1963, ch. 212, § 1; L. 1965, ch. 225, § 1; L. 1967, ch. 181, § 1; L. 1969, ch. 201, § 9; L. 1971, ch. 104, § 4; L. 1972, ch. 153, § 32; L. 1973, ch. 175, § 42; L. 1974, ch. 361, § 11; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 8; L. 1905, ch. 194, § 7; R.S. 1923, 20-1810; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 9; R.S. 1923, 20-1811; L. 1971, ch. 104, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 10; R.S. 1923, 20-1812; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: R.S. 1923, 20-1813; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 128, § 12; R.S. 1923, 20-1814; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 128, § 13; L. 1905, ch. 194, § 8; L. 1915, ch. 199, § 2; R.S. 1923, 20-1815; L. 1971, ch. 104, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, §§ 14–16; R.S. 1923, 20-1816–20-1818; Repealed, L. 1976, ch. 146 § 48; January 10, 1977.
History: L. 1899, ch. 128, § 17; L. 1901, ch. 167, § 5; R.S. 1923, 20-1819; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 18; L. 1905, ch. 194, § 9; R.S. 1923, 20-1820; L. 1973, ch. 134, § 15; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 19; L. 1901, ch. 167, § 6; R.S. 1923, 20-1821; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 194, § 14; R.S. 1923, 20-1822; L. 1971, ch. 104, § 7; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 128, § 20; R.S. 1923, 20-1823; L. 1973, ch. 134, § 16; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 194, § 15; R.S. 1923, 20-1824; Repealed, L. 1971, ch. 104, § 10; July 1.
History: L. 1899, ch. 128, § 22; L. 1905, ch. 194, § 10; R.S. 1923, 20-1825; L. 1971, ch. 104, § 8; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 194, § 12; R.S. 1923, 20-1826; L. 1971, ch. 104, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 194, § 13; R.S. 1923, 20-1827; Repealed, L. 1971, ch. 104, § 10; July 1.
History: L. 1899, ch. 128, § 23; L. 1905, ch. 194, § 11; R.S. 1923, 20-1828; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 1; R.S. 1923, 20-1901; L. 1967, ch. 182, § 1; L. 1968, ch. 390, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 2; R.S. 1923, 20-1902; L. 1963, ch. 213, § 1; L. 1967, ch. 182, § 2; L. 1968, ch. 390, § 2; L. 1969, ch. 169, § 14; L. 1976, ch. 149, § 9; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1899, ch. 129, § 3; R.S. 1923, 20-1903; L. 1967, ch. 182, § 3; L. 1968, ch. 390, § 3; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1963, ch. 213, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 195, § 5; R.S. 1923, 20-1904; L. 1968, ch. 390, § 4; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 129, § 4; L. 1921, ch. 175, § 4; R.S. 1923, 20-1905; L. 1967, ch. 182, § 4; L. 1968, ch. 390, § 14; L. 1969, ch. 172, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 5; R.S. 1923, 20-1906; L. 1967, ch. 182, § 5; L. 1968, ch. 390, § 15; L. 1969, ch. 169, § 15; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 195, § 6; R.S. 1923, 20-1907; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1905, ch. 195, § 7; R.S. 1923, 20-1908; L. 1967, ch. 182, § 6; L. 1968, ch. 390, § 16; L. 1969, ch. 172, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 195, § 8; R.S. 1923, 20-1909; L. 1968, ch. 390, § 17; L. 1969, ch. 172, § 3; L. 1975, ch. 187, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 6; L. 1901, ch. 168, § 2; L. 1911, ch. 153, § 1; L. 1919, ch. 181, § 1; L. 1921, ch. 175, § 1; R.S. 1923, 20-1910; L. 1943, ch. 148, § 1; L. 1945, ch. 187, § 1; L. 1947, ch. 253, § 15; L. 1949, ch. 266, § 16; L. 1953, ch. 210, § 15; L. 1955, ch. 220, § 1; L. 1957, ch. 245, § 15; L. 1959, ch. 187, § 13; L. 1961, ch. 213, § 18; L. 1963, ch. 213, § 2; L. 1965, ch. 261, § 15; L. 1967, ch. 182, § 7; L. 1968, ch. 390, § 5; L. 1969, ch. 173, § 1; L. 1972, ch. 153, § 53; L. 1973, ch. 175, § 57; L. 1974, ch. 361, § 12; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1969, ch. 173, § 2; Repealed, L. 1970, ch. 104, § 1; July 1.
History: L. 1969, ch. 173, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1905, ch. 195, § 1; L. 1923, ch. 134, § 1; R.S. 1923, 20-1911; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1905, ch. 195, § 2; R.S. 1923, 20-1912; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1905, ch. 195, § 3; L. 1911, ch. 153, § 2; L. 1915, ch. 197, § 1; L. 1917, ch. 162, § 1; L. 1919, ch. 181, § 2; L. 1921, ch. 175, § 2; L. 1923, ch. 134, § 2; R.S. 1923, 20-1913; L. 1943, ch. 148, § 2; L. 1945, ch. 187, § 2; L. 1947, ch. 253, § 16; L. 1949, ch. 266, § 17; L. 1953, ch. 210, § 16; L. 1957, ch. 245, § 16; L. 1959, ch. 187, § 1; L. 1961, ch. 213, § 19; L. 1963, ch. 242, § 1; L. 1965, ch. 261, § 1; L. 1967, ch. 182, § 8; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1917, ch. 162, § 2; R.S. 1923, 20-1914; L. 1967, ch. 182, § 9; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1905, ch. 195, § 9; L. 1915, ch. 194, § 1; L. 1917, ch. 163, § 1; L. 1919, ch. 181, § 3; L. 1921, ch. 175, § 3; R.S. 1923, 20-1915; L. 1927, ch. 181, § 1; L. 1943, ch. 148, § 3; L. 1945, ch. 187, § 3; L. 1947, ch. 253, § 17; L. 1949, ch. 266, § 18; L. 1953, ch. 210, § 17; L. 1955, ch. 220, § 2; L. 1957, ch. 245, § 17; L. 1959, ch. 187, § 2; L. 1961, ch. 213, § 20; L. 1963, ch. 242, § 2; L. 1967, ch. 183, § 1; L. 1967, ch. 182, § 10; L. 1968, ch. 390, § 6; L. 1969, ch. 172, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 9; R.S. 1923, 20-1916; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1899, ch. 129, § 10; R.S. 1923, 20-1917; L. 1967, ch. 182, § 11; L. 1969, ch. 169, § 16; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 11; R.S. 1923, 20-1918; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 12; R.S. 1923, 20-1919; L. 1967, ch. 182, § 12; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 129, § 13; R.S. 1923, 20-1920; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 129, § 14; L. 1901, ch. 168, § 1; R.S. 1923, 20-1921; L. 1963, ch. 213, § 3; L. 1967, ch. 182, § 13; Repealed, L. 1968, ch. 390, § 20; July 1.
History: L. 1899, ch. 129, § 15; R.S. 1923, 20-1922; L. 1967, ch. 182, § 14; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 16; R.S. 1923, 20-1923; L. 1967, ch. 182, § 15; L. 1968, ch. 390, § 18; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 17; R.S. 1923, 20-1924; L. 1967, ch. 182, § 16; L. 1968, ch. 390, § 7; L. 1975, ch. 187, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 18; R.S. 1923, 20-1925; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 19; R.S. 1923, 20-1926; L. 1967, ch. 182, § 17; L. 1969, ch. 172, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1967, ch. 182, § 18; L. 1968, ch. 390, § 8; L. 1974, ch. 140, § 1; L. 1975, ch. 187, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 20; R.S. 1923, 20-1927; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 21; R.S. 1923, 20-1928; L. 1973, ch. 134, § 17; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 22; R.S. 1923, 20-1929; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1899, ch. 129, § 23; R.S. 1923, 20-1930; L. 1929, ch. 168, § 1; L. 1945, ch. 186, § 3; L. 1967, ch. 182, § 19; L. 1968, ch. 390, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 129, § 24; R.S. 1923, 20-1931; L. 1967, ch. 182, § 20; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1967, ch. 213, § 1; Repealed, L. 1968, ch. 390, § 19; January 13, 1969.
History: L. 1968, ch. 390, § 10; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1968, ch. 390, §§ 11, 12; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 1; R.S. 1923, 20-2001; L. 1927, ch. 182, § 1; L. 1933, ch. 171, § 1; L. 1941, ch. 218, § 1; L. 1945, ch. 188, § 1; L. 1953, ch. 178, § 1; L. 1953, ch. 212, § 16; L. 1955, ch. 189, § 1; L. 1963, ch. 214, § 1; L. 1967, ch. 214, § 2; L. 1970, ch. 121, § 1; L. 1972, ch. 103, § 1; L. 1975, ch. 188, § 1; L. 1975, ch. 189, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 1; R.S. 1923, 20-2001; L. 1927, ch. 182, § 1; L. 1933, ch. 171, § 1; L. 1941, ch. 218, § 1; L. 1945, ch. 188, § 1; L. 1953, ch. 212, § 16; Repealed, L. 1955, ch. 189, § 15; June 30.
History: L. 1965, ch. 26, § 1; L. 1967, ch. 184, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 130, § 2; L. 1915, ch. 201, § 1; R.S. 1923, 20-2002; L. 1927, ch. 182, § 2; L. 1941, ch. 218, § 2; L. 1955, ch. 189, § 2; L. 1963, ch. 215, § 1; L. 1967, ch. 184, § 2; L. 1969, ch. 169, § 17; L. 1972, ch. 103, § 2; L. 1976, ch. 149, § 10; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1961, ch. 184, §§ 1, 2; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1963, ch. 215, § 2; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 130, § 3; R.S. 1923, 20-2003; L. 1955, ch. 189, § 3; L. 1965, ch. 226, § 2; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 226, § 3; L. 1967, ch. 184, § 3; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 130, § 4; R.S. 1923, 20-2004; Repealed, L. 1965, ch. 226, § 13; June 30.
History: L. 1899, ch. 130, § 5; R.S. 1923, 20-2005; L. 1945, ch. 188, § 2; L. 1965, ch. 226, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 6; R.S. 1923, 20-2006; L. 1941, ch. 219, § 1; L. 1965, ch. 226, § 5; L. 1969, ch. 169, § 18; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 9; R.S. 1923, 20-2007; L. 1949, ch. 237, § 1; L. 1967, ch. 184, § 4; L. 1969, ch. 169, § 19; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 10; L. 1901, ch. 169, § 3; L. 1915, ch. 201, § 3; R.S. 1923, 20-2008; L. 1972, ch. 103, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 11; R.S. 1923, 20-2009; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 130, § 12; R.S. 1923, 20-2010; L. 1963, ch. 215, § 4; L. 1967, ch. 185, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1899, ch. 130, § 13; R.S. 1923, 20-2011; L. 1955, ch. 189, § 4; L. 1965, ch. 226, § 6; L. 1967, ch. 184, § 5; L. 1968, ch. 365, § 1; L. 1970, ch. 121, § 2; L. 1975, ch. 188, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, §§ 14, 15; R.S. 1923, 20-2012, 20-2013; L. 1965, ch. 226, §§ 7, 8; Repealed, L. 1976. ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 16; L. 1901, ch. 169, § 1; L. 1903, ch. 213, § 1; L. 1921, ch. 176, § 1; R.S. 1923, 20-2014; L. 1963, ch. 215, § 3; L. 1967, ch. 185, § 2; L. 1970, ch. 121, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1955, ch. 189, § 5; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1955, ch. 189, § 6; L. 1965, ch. 226, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1955, ch. 189, § 7; Repealed, L. 1965, ch. 226, § 13; June 30.
History: L. 1961, ch. 184, § 3; L. 1963, ch. 215, § 6; L. 1965, ch. 226, § 10; L. 1967, ch. 184, § 6; L. 1969, ch. 174, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 176, § 2; R.S. 1923, 20-2015; L. 1927, ch. 182, § 3; L. 1929, ch. 169, § 3; L. 1933, ch. 171, § 2; L. 1943, ch. 149, § 1; L. 1945, ch. 188, § 3; L. 1947, ch. 230, § 1; L. 1949, ch. 268, § 17; L. 1953, ch. 212, § 17; L. 1955, ch. 189, § 8; L. 1957, ch. 246, § 17; L. 1961, ch. 184, § 4; L. 1963, ch. 215, § 7; L. 1965, ch. 226, § 11; L. 1967, ch. 184, § 7; L. 1968, ch. 365, § 4; L. 1970, ch. 121, § 4; L. 1972, ch. 153, § 33; L. 1973, ch. 175, § 43; L. 1974, ch. 361, § 13; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 176, § 3; R.S. 1923, 20-2016; L. 1929, ch. 169, § 1; L. 1933, ch. 171, § 3; L. 1939, ch. 177, § 1; L. 1941, ch. 219, § 2; L. 1943, ch. 149, § 2; L. 1945, ch. 188, § 4; L. 1947, ch. 230, § 2; L. 1949, ch. 268, § 18; L. 1951, ch. 274, § 13; L. 1953, ch. 212, § 18; L. 1955, ch. 189, § 9; L. 1957, ch. 246, § 18; L. 1961, ch. 214, § 14; L. 1963, ch. 238, § 4; L. 1965, ch. 262, § 1; L. 1967, ch. 214, § 3; L. 1969, ch. 205, § 2; L. 1971, ch. 105, § 1; L. 1972, ch. 153, § 34; L. 1973, ch. 175, § 46; L. 1974, ch. 361, § 14; L. 1976, ch. 380, § 23; Repealed, L. 1976, ch. 380, § 26; January 10, 1977.
History: L. 1921, ch. 176, § 4; R.S. 1923, 20-2017; L. 1925, ch. 157, § 1; L. 1929, ch. 169, § 2; L. 1933, ch. 171, § 4; L. 1941, ch. 219, § 3; L. 1943, ch. 149, § 3; L. 1945, ch. 188, § 5; L. 1947, ch. 230, § 3; L. 1949, ch. 268, § 19; L. 1951, ch. 274, § 14; L. 1953, ch. 212, § 19; L. 1955, ch. 189, § 10; L. 1957, ch. 246, § 19; L. 1961, ch. 214, § 15; L. 1963, ch. 238, § 5; L. 1965, ch. 262, § 2; L. 1967, ch. 214, § 4; L. 1969, ch. 205, § 3; L. 1971, ch. 105, § 2; L. 1972, ch. 153, § 35; L. 1973, ch. 175, § 47; L. 1974, ch. 361, § 15; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 176, § 5; R.S. 1923, 20-2018; L. 1933, ch. 171, § 5; L. 1943, ch. 149, § 4; L. 1947, ch. 230, § 4; L. 1949, ch. 268, § 20; L. 1951, ch. 274, § 15; L. 1953, ch. 212, § 20; L. 1955, ch. 189, § 11; L. 1961, ch. 184, § 5; L. 1963, ch. 238, § 6; L. 1965, ch. 226, § 12; L. 1969, ch. 174, § 2; L. 1972, ch. 103, § 4; L. 1973, ch. 175, § 44; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1967, ch. 184, § 8; L. 1973, ch. 175, § 45; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1921, ch. 176, § 6; R.S. 1923, 20-2019; L. 1949, ch. 237, § 2; L. 1955, ch. 189, § 12; L. 1957, ch. 212, § 1; L. 1967, ch. 185, § 3; L. 1972, ch. 103, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1967, ch. 185, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 17; R.S. 1923, 20-2020; L. 1968, ch. 291, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 19; R.S. 1923, 20-2021; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 20; R.S. 1923, 20-2022; L. 1972, ch. 103, § 6; L. 1973, ch. 134, § 18; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 21; R.S. 1923, 20-2023; L. 1973, ch. 134, § 19; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 22; L. 1905, ch. 196, § 1; R.S. 1923, 20-2024; L. 1945, ch. 186, § 4; L. 1955, ch. 189, § 13; L. 1969, ch. 174, § 3; L. 1970, ch. 121, § 5; L. 1972, ch. 103, § 7; L. 1975, ch. 188, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1899, ch. 130, § 23; R.S. 1923, 20-2025; L. 1947, ch. 230, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1951, ch. 257, § 1; L. 1955, ch. 189, § 14; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1951, ch. 257, § 2; Repealed, L. 1955, ch. 189, § 15; June 30.
History: L. 1927, ch. 180, § 1; L. 1933, ch. 172, § 1; L. 1957, ch. 213, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 2; L. 1955, ch. 190, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 3; L. 1955, ch. 190, § 2; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 4; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 5; L. 1929, ch. 170, § 1; L. 1953, ch. 214, § 12; L. 1955, ch. 190, § 3; L. 1957, ch. 214, § 1; L. 1961, ch. 217, § 18; L. 1963, ch. 239, § 13; L. 1965, ch. 159, § 12; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 6; L. 1945, ch. 189, § 1; L. 1947, ch. 231, § 1; L. 1963, ch. 216, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 7; L. 1929, ch. 170, § 2; L. 1953, ch. 214, § 13; L. 1955, ch. 190, § 4; L. 1957, ch. 247, § 16; L. 1961, ch. 217, § 13; L. 1963, ch. 239, § 14; L. 1965, ch. 159, § 13; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 8; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 9; L. 1929, ch. 170, § 3; L. 1953, ch. 214, § 14; L. 1957, ch. 247, § 17; L. 1961, ch. 217, § 14; L. 1963, ch. 239, § 15; L. 1965, ch. 159, § 14; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 10; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 11; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 12; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 13; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 14; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 15; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 16; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 17; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 18; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 19; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1927, ch. 180, § 20; Repealed, L. 1953, ch. 177, § 2; June 30.
History: L. 1927, ch. 180, §§ 21–24; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1943, ch. 166, § 13; L. 1945, ch. 208, § 13; L. 1947, ch. 255, § 12; L. 1949, ch. 267, § 16; Repealed, L. 1953, ch. 214, § 17; April 14.
A judicial council is hereby established and created which shall be an independent agency in the judicial branch of government, shall submit its budget separately and may adopt its own pay plan and personnel rules. The judicial council shall be composed of one justice of the supreme court, one judge of the court of appeals, two district judges of different judicial districts, four resident lawyers, the chairperson of the judiciary committee of the house of representatives or the chairperson's designate*, and the chairperson of the judiciary committee of the senate. All members except the members of the legislature shall be appointed by the chief justice of the supreme court for a term of four years and until a successor shall have been appointed and qualified.
The terms of the members of the legislature, and all other members, shall terminate upon such member ceasing to belong to the class from which such member was appointed. All vacancies except those of the members of the legislature shall be filled by appointment by the chief justice for the unexpired term. Upon vacancy, the places of the members of the legislature shall be filled by their successors.
History: L. 1927, ch. 187, § 1; L. 1977, ch. 111, § 1; L. 2003, ch. 101, § 1; July 1.
The judicial council shall select one of the council's members as chairperson for such period as the council may choose. The judicial council shall meet semiannually and more frequently, if necessary, upon call of the chairperson.
History: L. 1927, ch. 187, § 2; L. 2003, ch. 101, § 2; July 1.
It shall be the mission of the judicial council to study the administration of justice in Kansas and make recommendations for improvements therefor. The judicial council shall receive and consider suggestions from judges, lawyers, public officials and citizens concerning suggested improvements to the administration of justice. The judicial council may undertake studies in any area of law for the purpose of improving the administration of justice and may accept assignments from the legislature or the supreme court.
History: L. 1927, ch. 187, § 3; L. 2003, ch. 101, § 3; L. 2023, ch. 51, § 2; July 1.
The council shall report on the work of the council and the council's recommendations for improvement in the administration of justice by providing such information on the council's website and in any other manner the council deems appropriate.
History: L. 1927, ch. 187, § 4; L. 1943, ch. 269, § 9; L. 1976, ch. 146, § 7; L. 1978, ch. 115, § 1; L. 2003, ch. 101, § 4; July 1.
History: L. 1927, ch. 187, § 5; L. 1976, ch. 146, § 8; Repealed, L. 2003, ch. 101, § 13; July 1.
All members of the council except judicial members shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto. Reimbursement for travel expenses and subsistence expenses or allowances of judicial members shall be paid as provided in K.S.A. 75-3212, and amendments thereto.
All bills and accounts of the council shall be approved by the chairperson and shall be audited and paid as other claims against the state, authorized by law. Regularly appointed members of advisory committees of the council who are not members of the council shall be paid compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212, and amendments thereto.
History: L. 1927, ch. 187, § 6; L. 1943, ch. 150, § 1; L. 1967, ch. 186, § 1; L. 1968, ch. 208, § 6; L. 2003, ch. 101, § 5; July 1.
(a) The judicial council may fix, charge and collect fees for sale and distribution of legal publications in order to recover direct and indirect costs incurred for preparation, publication and distribution of legal publications. The judicial council may request and accept gifts, grants and donations from any person, firm, association or corporation or from the federal government or any agency thereof for preparation, publication or distribution of legal publications.
(b) The publications fee fund of the judicial council that was established in the state treasury pursuant to appropriation acts is hereby continued in existence and shall be administered by the judicial council. Revenue from the fees collected under this section shall be deposited in the state treasury and credited to the state general fund. All moneys received as gifts, grants or donations for preparation, publication or distribution of legal publications shall be deposited in the state treasury and credited to the publications fee fund.
(c) Moneys deposited in the publications fee fund of the judicial council may be expended for operating expenditures related to preparation, publication and distribution of legal publications of the judicial council and for operating expenses that are not related to publication activities.
(d) All expenditures from the publications fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the judicial council or the chairperson's designee.
History: L. 2000, ch. 79, § 1; L. 2003, ch. 101, § 6; L. 2009, ch. 116, § 5; L. 2011, ch. 30, § 110; L. 2023, ch. 51, § 3; July 1.
On July 1, 2023, the director of accounts and reports shall transfer all moneys in the judicial council fund to the state general fund. On July 1, 2023, all liabilities of the judicial council fund are hereby transferred to and imposed on the state general fund, and the judicial council fund is hereby abolished.
History: L. 2003, ch. 101, § 7; L. 2009, ch. 116, § 6; L. 2011, ch. 30, § 111; L. 2023, ch. 51, § 4; July 1.
In any judicial district in this state composed of a single county and now having, or which may hereafter have three or more divisions of the district court, the district judges of such judicial district may create a board of paroles, to be known as such, which shall be composed of the district judges of such district. The senior district judge in point of service shall be ex officio chairperson of the board of paroles and the clerk of the district court shall be ex officio clerk of the board of paroles, but the clerk shall have no vote.
History: L. 1947, ch. 236; § 1; L. 1953, ch. 179, § 1; L. 1965, ch. 218, § 1; L. 1976, ch. 145, § 92; L. 1978, ch. 112, § 3; L. 1980, ch. 94, § 10; L. 1986, ch. 115, § 49; January 12, 1987.
Said board shall have power to make all needed rules and regulations concerning terms and conditions of parole and applications for parole as herein provided, but no formal or technical form of application therefor shall be required. Said board so constituted shall hold regular meetings at such times as its members shall deem necessary, and all records, hearings and proceedings of said board shall be public and open to inspection of the public. The time, place and manner of meetings shall be fixed from time to time by a majority of the members of said board.
History: L. 1947, ch. 236, § 2; L. 1953, ch. 179, § 2; April 7.
Said board of paroles shall succeed to and have and exercise the same powers of parole and be subject to the same regulations as trial courts are endowed with and provided by the laws of the state of Kansas.
History: L. 1947, ch. 236, § 3; April 11.
It shall be the duty of said board to keep a record of persons paroled, and as far as possible of their whereabouts, occupation and conduct, and a record of the final discharge of such persons upon parole, or the revocation of any parole and the reason therefor.
History: L. 1947, ch. 236, § 4; April 11.
History: L. 1947, ch. 236, § 5; L. 1949, ch. 238, § 1; L. 1953, ch. 179, § 3; L. 1961, ch. 217, § 19; L. 1963, ch. 239, § 18; L. 1965, ch. 159, § 16; L. 1967, ch. 187, § 1; L. 1969, ch. 204, § 3; L. 1972, ch. 151, § 1; L. 1972, ch. 153, § 55; Repealed, L. 1976, ch. 380, § 24; January 10, 1977.
History: L. 1965, ch. 218, § 2; L. 1970, ch. 123, § 1; Repealed, L. 1976, ch. 380, § 24; January 10, 1977.
This act shall be supplemental to all other acts relating to paroles.
History: L. 1947, ch. 236, § 6; April 11.
History: L. 1949, ch. 240, § 1; L. 1968, ch. 365, § 2; L. 1970, ch. 123, § 2; L. 1972, ch. 104, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1949, ch. 240, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1949, ch. 240, § 3; L. 1968, ch. 365, § 3; L. 1972, ch. 104, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1949, ch. 240, § 4; L. 1972, ch. 104, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1949, ch. 240, § 5; L. 1953, ch. 180, § 1; L. 1963, ch. 215, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1949, ch. 240, § 6; Repealed, L. 1972, ch. 104, § 4; July 1.
This act shall be supplemental to other acts relating to paroles in said courts.
History: L. 1949, ch. 240, § 7; April 8.
History: L. 1947, ch. 232, § 1; L. 1957, ch. 215, § 1; L. 1963, ch. 217, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 3; L. 1957, ch. 215, § 2; L. 1969, ch. 169, § 20; L. 1976, ch. 149, § 11; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1947, ch. 232, § 4; L. 1957, ch. 215, § 3; L. 1972, ch. 102, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 5; L. 1949, ch. 239, § 1; L. 1957, ch. 215, § 4; L. 1972, ch. 102, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 6; L. 1957, ch. 215, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 7; L. 1949, ch. 239, § 2; L. 1961, ch. 182, § 2; L. 1963, ch. 217, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 8; L. 1951, ch. 255, § 1; L. 1957, ch. 215, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 9; L. 1957, ch. 215, § 7; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 10; Repealed, L. 1957, ch. 215, § 19; June 29.
History: L. 1947, ch. 232, § 11; L. 1949, ch. 239, § 3; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1947, ch. 232, § 12; L. 1957, ch. 215, § 8; L. 1969, ch. 169, § 21; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 13; Repealed, L. 1957, ch. 215, § 19; June 29.
History: L. 1947, ch. 232, § 14; L. 1957, ch. 215, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, §§ 15–17; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 18; L. 1957, ch. 215, § 10; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1947, ch. 232, § 19; L. 1957, ch. 215, § 11; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1957, ch. 215, § 12; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 20; L. 1957, ch. 215, § 13; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1947, ch. 232, § 21; L. 1957, ch. 215, § 14; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 22; L. 1973, ch. 134, § 20; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1957, ch. 215, § 15; L. 1973, ch. 134, § 21; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 23; L. 1973, ch. 134, § 22; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 24; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 25; L. 1957, ch. 215, § 16; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, §§ 26–28; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1947, ch. 232, § 29; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 232, § 30; L. 1949, ch. 239, § 4; Repealed, L. 1972, ch. 102, § 6; July 1.
History: L. 1947, ch. 232, §§ 31, 32; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1957, ch. 215, § 17; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1957, ch. 215, § 18; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 1; L. 1969, ch. 175, § 1; L. 1972, ch. 105, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 2; L. 1951, ch. 256, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 3; L. 1969, ch. 175, § 2; L. 1972, ch. 105, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1973, ch. 175, § 35; L. 1974, ch. 361, § 16; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 4; L. 1951, ch. 256, § 2; L. 1955, ch. 191, § 1; L. 1957, ch. 245, § 19; L. 1959, ch. 187, § 14; L. 1961, ch. 213, § 3; L. 1963, ch. 242, § 17; L. 1965, ch. 227, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 5; L. 1951, ch. 256, § 3; L. 1953, ch. 181, § 1; L. 1959, ch. 157, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 6; L. 1973, ch. 134, § 23; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 7; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1973, ch. 136, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 8; L. 1967, ch. 175, § 3; L. 1969, ch. 169, § 22; L. 1976, ch. 149, § 12; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1947, ch. 233, § 9; L. 1969, ch. 169, § 23; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 10; L. 1967, ch. 188, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 11; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1947, ch. 233, § 12; L. 1967, ch. 188, § 2; L. 1968, ch. 89, § 1; L. 1969, ch. 175, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1968, ch. 89, § 2; Repealed, L. 1969, ch. 175, § 5; January 1, 1970.
History: L. 1947, ch. 233, § 13; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 14; L. 1973, ch. 106, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1947, ch. 233, § 15; L. 1970, ch. 100, § 31; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1951, ch. 256, § 4; L. 1967, ch. 188, § 3; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1951, ch. 256, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1951, ch. 256, §§ 7, 8; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1951, ch. 256, § 9; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 1; L. 1968, ch. 353, § 1; L. 1969, ch. 169, § 24; L. 1973, ch. 135, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 1; L. 1968, ch. 25, § 1; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1973, ch. 175, § 31; L. 1974, ch. 361, § 17; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 2; L. 1969, ch. 169, § 25; L. 1976, ch. 149, § 13; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1965, ch. 229, § 3; L. 1969, ch. 169, § 26; L. 1975, ch. 187, § 4; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 4; L. 1969, ch. 176, § 1; L. 1972, ch. 153, § 36; L. 1976, ch. 152, § 1; Repealed, L. 1976, ch. 152, § 3; L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 5; L. 1968, ch. 353, § 2; L. 1969, ch. 204, § 4; L. 1972, ch. 153, § 37; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 6; L. 1973, ch. 134, § 24; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 7; L. 1968, ch. 353, § 3; L. 1969, ch. 204, § 5; L. 1972, ch. 153, § 38; L. 1974, ch. 141, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 8; L. 1969, ch. 169, § 27; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, §§ 9, 10; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 11; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 229, § 12; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 13; L. 1969, ch. 169, § 28; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, §§ 14–17; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 18; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 229, § 19; L. 1968, ch. 145, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 229, § 20; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 231, § 1; L. 1969, ch. 177, § 1; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 3; L. 1969, ch. 177, § 2; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 4; L. 1969, ch. 175, § 4; L. 1972, ch. 153, § 39; L. 1973, ch. 175, § 48; L. 1974, ch. 361, § 18; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 6; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 7; L. 1973, ch. 106, § 5; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 8; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 9; L. 1967, ch. 189, § 1; L. 1969, ch. 169, § 29; L. 1976, ch. 149, § 14; Repealed, L. 1976, ch. 146, § 48; L. 1976, ch. 150, § 3; January 10, 1977.
History: L. 1965, ch. 231, § 10; L. 1969, ch. 169, § 30; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 11; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, §§ 12, 13; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 231, §§ 14–17; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 18; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 231, §§ 19, 20; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 21; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
History: L. 1965, ch. 231, § 22; Repealed, L. 1976, ch. 146, § 48; January 10, 1977.
History: L. 1965, ch. 231, § 23; Repealed, L. 1969, ch. 169, § 31; January 1, 1970.
As used in K.S.A. 20-2601 et seq., and amendments thereto, unless the context otherwise requires:
(a) "Fund" means the Kansas public employees retirement fund created by K.S.A. 74-4921, and amendments thereto;
(b) "retirement system for judges" means the system provided for in the acts contained in article 26 of chapter 20 of the Kansas Statutes Annotated, and any acts amendatory thereof or supplemental thereto;
(c) "judge" means any duly elected or appointed justice of the supreme court, judge of the court of appeals or judge of any district court of Kansas, who serves in such capacity on and after the effective date of this act and commencing with the first day of the first payroll period of the fiscal year ending June 30, 1994, any district magistrate judge who makes an election as provided in K.S.A. 20-2620, and amendments thereto, or who is elected or appointed on or after July 1, 1993;
(d) "member" means a judge who is making the required contributions to the fund, or any former judge who has made the required contributions to the fund and has not received a refund of the judge's accumulated contributions;
(e) "prior service" means all the periods of time any judge has served in such capacity prior to the effective date of this act except that district magistrate judges who have service credit under the Kansas public employees retirement system must make application to the board and, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, make payment as required by the board to transfer service credit from the Kansas public employees retirement system to the retirement system for judges;
(f) "current service" means the period of service any judge serves in such capacity from and after the effective date of this act;
(g) "military service" means service of any judge for which retirement benefit credit must be given as provided in the uniformed services employment and reemployment rights act of 1994, as in effect on July 1, 2008;
(h) "total years of service" means the total number of years served as a judge, including prior service, military service and current service as defined by this section, computed to the nearest quarter;
(i) "salary" means the statutory salary of a judge;
(j) "final average salary" means that determined as provided in subsection (b) of K.S.A. 20-2610, and amendments thereto;
(k) "beneficiary" means any natural person or persons or estate designated by a judge in the latest designation of beneficiary received in the retirement system office to receive any benefits as provided for by this act. Except as provided in subsection (n), if there is no named beneficiary living at the time of the judge's death, any benefits provided for by this act shall be paid to: (1) The judge's surviving spouse; (2) the judge's dependent child or children; (3) the judge's dependent parent or parents; (4) the judge's nondependent child or children; (5) the judge's nondependent parent or parents; or (6) the estate of the deceased member; in the order of preference as specified in this subsection. Designations of beneficiaries by a member who is a member of more than one retirement system made on or after July 1, 1987, shall be the basis of any benefits payable under all systems unless otherwise provided by law;
(l) "annuity" means a series of equal monthly payments, payable at the end of each calendar month during the life of a retired judge, of which payments the first payment shall be made as of the end of the calendar month in which such annuity was awarded and the last payment shall be at the end of the calendar month in which such judge dies. The first payment shall include all amounts accrued since the effective date of the award of annuities, including a pro rata portion of the monthly amount of any fraction of a month elapsing between the effective date of such annuity and the end of the calendar month in which such annuity began;
(m) "board" means the board of trustees of the Kansas public employees retirement system;
(n) "trust" means an express trust created by any trust instrument, including a will, and designated by a member to receive benefits and other amounts payable under K.S.A. 20-2607, 20-2610a and 20-2612, and amendments thereto, instead of a beneficiary. A designation of a trust shall be filed with the board. If there is a designated trust at the time of the member's death, all benefits and other amounts payable under K.S.A. 20-2607, 20-2610a and 20-2612, and amendments thereto, shall be paid to the trust instead of the member's beneficiary. If no will is admitted to probate within six months after the death of the member or no trustee qualifies within such six months or if the designated trust fails, for any reason whatsoever, any benefits and other amounts payable under K.S.A. 20-2607, 20-2610a and 20-2612, and amendments thereto, shall be paid to the member's beneficiary and any payments so made shall be a full discharge and release to the retirement system for judges from any further claims;
(o) "accumulated contributions" means the sum of all contributions by a member to the retirement system for judges which are credited to the member's account, with interest allowed thereon after June 30, 1982;
(p) "federal internal revenue code" means the federal internal revenue code of 1954 or 1986, as in effect on July 1, 2008, and as applicable to a governmental plan; and
(q) except as otherwise provided in K.S.A. 20-2601 et seq., and amendments thereto, words and phrases used in K.S.A. 20-2601 et seq., and amendments thereto, shall have the same meanings ascribed to them as are defined in K.S.A. 74-4902, and amendments thereto.
History: L. 1953, ch. 182, § 1; L. 1975, ch. 190, § 4; L. 1976, ch. 147, § 6; L. 1982, ch. 319, § 4; L. 1987, ch. 299, § 1; L. 1993, ch. 227, § 2; L. 1995, ch. 267, § 1; L. 1996, ch. 266, § 2; L. 1998, ch. 64, § 15; L. 1998, ch. 201, § 1; L. 2008, ch. 113, § 7; July 1.
(a) On and after July 1, 1975, the Kansas judges retirement board established pursuant to K.S.A. 20-2604, and amendments thereto, shall be and is hereby abolished, and on such date, except as otherwise provided in this act, all of the powers, duties and functions of said Kansas judges retirement board, whether in its capacity as that board pursuant to K.S.A. 20-2604, and amendments thereto, or in its capacity as the Kansas official court reporters retirement board pursuant to K.S.A. 20-2704, shall be and are hereby transferred to and conferred and imposed upon the board of trustees of the Kansas public employees retirement system.
(b) Except as otherwise provided in this act, the board of trustees of the Kansas public employees retirement system shall be the successor in every way to the powers, duties and functions of the Kansas judges retirement board, whether in its capacity as that board pursuant to K.S.A. 20-2604, and amendments thereto, or in its capacity as the Kansas official court reporters retirement board pursuant to K.S.A. 20-2704, in which the same were vested prior to July 1, 1975. Every act performed in the exercise of such powers, duties and functions by or under the authority of the board of trustees of the Kansas public employees retirement system shall be deemed to have the same force and effect as if performed by the Kansas judges retirement board in which such powers, duties and functions were vested prior to July 1, 1975.
(c) On and after July 1, 1975, whenever the Kansas judges retirement board, or words of like effect, is referred to or designated by a statute or contract or other document, such reference or designation shall be deemed to apply to the board of trustees of the Kansas public employees retirement system.
(d) On and after July 1, 1975, whenever the Kansas official court reporters retirement board, or words of like effect, is referred to or designated by a statute or contract or other document, such reference or designation shall be deemed to apply to the board of trustees of the Kansas public employees retirement system.
(e) The board of trustees of the Kansas public employees retirement system shall adopt rules and regulations necessary for the administration of the retirement system for judges and for the transaction of business consistent with law. All rules or regulations of the Kansas judges retirement board in existence on July 1, 1975, whether adopted when acting as that board pursuant to K.S.A. 20-2604, and amendments thereto, or when acting as the Kansas official court reporters retirement board pursuant to K.S.A. 20-2704, shall continue in force and effect and shall be deemed to be duly adopted rules or regulations of the board of trustees of the Kansas public employees retirement system, until revised, amended, revoked or nullified pursuant to law.
(f) All decisions and determinations of the Kansas judges retirement board in effect on July 1, 1975, whether made when acting as that board pursuant to K.S.A. 20-2604, and amendments thereto, or when acting as the Kansas official court reporters retirement board pursuant to K.S.A. 20-2704, shall continue in force and effect and shall be deemed to be decisions and determinations of the board of trustees of the Kansas public employees retirement system, until revised, amended, revoked or nullified pursuant to law.
History: L. 1975, ch. 190, § 1; L. 1998, ch. 201, § 2; July 1.
(a) On July 1, 1975, the Kansas retirement fund for judges created by K.S.A. 20-2602 is hereby abolished and the state treasurer shall transfer all moneys and other assets in said Kansas retirement fund for judges to the Kansas public employees retirement fund created in K.S.A. 74-4921. For the purposes of all assets other than money, such transfer shall be at the market value of such assets at the close of business on the date of transfer, which shall be the bid price as quoted by a nationally recognized government bond dealer.
(b) On July 1, 1975, and as part of the transfer of moneys and other assets of the Kansas retirement fund for judges to the Kansas public employees retirement fund, the individual accounts in the Kansas public employees retirement fund of members of the retirement system for judges shall be credited with the contributions in their respective accounts in the Kansas retirement fund for judges.
(c) On and after July 1, 1975, the board of trustees of the Kansas public employees retirement system may execute transfer endorsements for any stock or security which was transferred from the Kansas retirement fund for judges to the Kansas public employees retirement fund pursuant to subsection (a). Any such endorsement may be made either in the name of the Kansas public employees retirement fund or in the name of the Kansas retirement fund for judges.
(d) On and after July 1, 1975, whenever the Kansas retirement fund for judges, or words of like effect, is referred to or designated by a statute or contract or other document, such reference or designation shall be deemed to apply to the board of trustees of the Kansas public employees retirement fund.
History: L. 1975, ch. 190, § 2; July 1.
(a) On and after July 1, 1975, any person receiving or entitled to receive a retirement annuity or any other benefit from the Kansas retirement fund for judges as it existed on June 30, 1975, shall be entitled to receive from Kansas public employees retirement system such retirement annuity or other benefit under the same conditions as existed under the acts contained in article 26 of chapter 20 of the Kansas Statutes Annotated prior to July 1, 1975.
(b) On and after July 1, 1975, any person who would have become entitled to receive a retirement annuity or any other benefit from the Kansas retirement fund for judges as it existed on June 30, 1975, shall be entitled to receive from the Kansas public employees retirement system such retirement annuity or other benefit as provided in the acts contained in article 26 of chapter 20 of the Kansas Statutes Annotated, as amended by this act, and in any other acts amendatory thereof.
(c) On and after July 1, 1975, any person who is entitled to receive a return of contributions from the Kansas retirement fund for judges as it existed on June 30, 1975, shall be entitled to receive from the Kansas public employees retirement system such return of contributions as provided in the acts contained in article 26 of chapter 20 of the Kansas Statutes Annotated, as amended by this act, and in any other acts amendatory thereof.
History: L. 1975, ch. 190, § 3; July 1.
History: L. 1953, ch. 182, § 2; Repealed, L. 1975, ch. 190, § 12; July 1.
(a) Except as otherwise provided in this section, each judge shall contribute 6% of the judge's salary for each payroll period to the fund. Commencing with the first payroll period after 20 years of service by the judge and after the judge reaches 65 years of age, and for each payroll period thereafter, such judge shall contribute 2% of such judge's salary to the fund. Commencing with the first payroll period after the judge has enough years of service to entitle such judge upon retirement to the maximum monthly retirement benefit of 70% of the final average salary of such judge provided under the provisions of K.S.A. 20-2610, and amendments thereto, and for each payroll period thereafter, each judge shall contribute 4% of such judge's salary to the fund or, commencing on and after the effective date of this act, each such judge shall contribute 2% of such judge's salary to the fund.
(b) The director of accounts and reports shall deduct the amount each judge is to contribute to the fund on the payroll of each judge for each payroll period showing the amount deducted and its credit to the fund. Such deductions shall be remitted quarterly, or as the board may otherwise provide, to the executive director of the Kansas public employees retirement system for credit to the fund to the credit of the judge's individual account therein.
(c) Interest on each judge's accumulated contributions at the rate determined under subsection (a) of K.S.A. 74-4922, and amendments thereto, shall be added annually to the judge's individual account in the fund.
(d) No member who has retired under the retirement system for judges shall make contributions to that system or receive any service credit under that system for any service after the date of such retirement.
(e) (1) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, each participating employer, pursuant to the provisions of section 414(h)(2) of the federal internal revenue code, shall pick up and pay the contributions which would otherwise be payable by members as prescribed in subsection (a). The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member's compensation.
(2) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member's compensation equal to the amount of the member's contributions picked up by the employer, provided that such deduction shall not reduce the member's compensation for purposes of computing benefits under the retirement system for judges.
(3) Member contributions picked up by the employer shall be remitted quarterly, or as the board may otherwise provide, to the executive director for credit to the Kansas public employees retirement fund. Such contributions shall be credited to a separate account within the member's individual account so that amounts contributed by the member may be distinguished from the member contributions picked up by the employer. Interest shall be added annually to members' individual accounts.
History: L. 1953, ch. 182, § 3; L. 1961, ch. 185, § 1; L. 1963, ch. 218, § 2; L. 1968, ch. 41, § 1; L. 1972, ch. 107, § 1; L. 1974, ch. 390, § 12; L. 1975, ch. 190, § 5; L. 1977, ch. 112, § 13; L. 1981, ch. 136, § 1; L. 1982, ch. 319, § 5; L. 1984, ch. 289, § 2; L. 1987, ch. 299, § 2; L. 1990, ch. 282, § 2; L. 1993, ch. 227, § 3; L. 1995, ch. 267, § 2; L. 1998, ch. 64, § 16; L. 2001, ch. 209, § 3; May 31.
History: L. 1953, ch. 182, § 4; L. 1973, ch. 137, § 1; L. 1974, ch. 364, § 2; Repealed, L. 1975, ch. 190, § 12; July 1.
(a) The board shall select and employ or retain a qualified actuary who shall serve at its pleasure as its technical advisor on matters regarding operation of the retirement system for judges. The actuary shall:
(1) As soon after the effective date as practicable and once every three years thereafter, make a general investigation of the actuarial experience under the retirement system for judges including mortality, retirement, employment turnover and interest, and recommend actuarial tables for use in valuations and in calculating actuarial equivalent values based on such investigation; make a valuation of the liabilities and reserves of the retirement system for judges, and a determination of the contributions required by the retirement system for judges to discharge its liabilities and recommend to the board rates of employer contributions required to establish and maintain the retirement system for judges on an actuarial reserve basis.
(2) Perform such other duties as may be assigned by the board.
(b) Upon the basis of the actuarial valuation and appraisal and upon the recommendation of the actuary, the board shall certify, on or before July 15 of each year, to the division of budget an actuarially determined estimate of the rate of contribution which will be required, together with all judges' contributions and other assets of the retirement system for judges to pay all liabilities which shall exist or accrue under the retirement system for judges, including amortization of the unfunded accrued liability as determined by the board. The rate of contribution for the state determined under this section shall not include the costs of administration of the system.
(c) The division of the budget and the governor shall include in the budget and in the budget request for appropriations for personal services the sum required to satisfy the state's obligation under the retirement system for judges as certified by the board and shall present the same to the legislature for allowance and appropriation.
(d) Except as otherwise provided by law, the actuarial cost of any legislation enacted by the Kansas legislature, except the actuarial cost of K.S.A. 74-49,114a, and amendments thereto, shall be reflected in the employer contribution rate in the fiscal year immediately following such enactment.
History: L. 1953, ch. 182, § 5; L. 1967, ch. 190, § 1; L. 1968, ch. 41, § 7; L. 1975, ch. 190, § 6; L. 1982, ch. 319, § 6; L. 1987, ch. 299, § 3; L. 1991, ch. 237, § 4; L. 1992, ch. 321, § 26; L. 1993, ch. 227, § 4; L. 2000, ch. 112, § 3; L. 2004, ch. 182, § 1; June 3.
(a) Any judge whose service is terminated prior to retirement, for any cause other than death, upon written request to the board and after 30 days after such termination, may have returned the total amount of accumulated contributions which the judge has made to the fund after the retirement system for judges has a reasonable time to process the application for withdrawal. The return of accumulated contributions to a judge shall preclude that judge from any benefits under the retirement system for judges unless and until that judge again serves in such capacity.
(b) Any incumbent judge over 70 years of age with a total service of at least eight years at the time the judge's present term of office expires, or at the time of retirement if the judge retires before the end of the judge's present term, shall receive retirement annuities as provided in K.S.A. 20-2608, 20-2609 and 20-2610, and any amendments thereto, unless the judge requests the return of accumulated contributions under this section.
(c) In case any judge, who has had such judge's accumulated contributions returned under this section, serves again in such capacity, such judge may return, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, the amount refunded under this section without interest or penalty and regain such judge's original status under the retirement system for judges.
(d) Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, any member of the retirement system for judges who was previously a member of the Kansas public employees retirement system or the Kansas police and firemen's retirement system and who forfeited service credit under either of those systems by reason of termination of employment and withdrawal of their contributions to that system, may elect to purchase service credit for the previously forfeited service credit by means of having employee contributions as provided in K.S.A. 20-2603, and amendments thereto, deducted from such judge's compensation at an additional rate of contribution, based upon such judge's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased. Such member may purchase such service by means of a single lump-sum payment in lieu of employee contributions as provided in this subsection. Such service shall be recredited to that system. The amount of the lump-sum payment shall be determined by the actuary using the member's then current annual rate of compensation or the member's final average salary at the time the member elects to purchase such service credit, whichever is higher, the actuarial assumptions and tables then currently in use by that retirement system and the judge's attained age.
History: L. 1953, ch. 182, § 6; L. 1972, ch. 108, § 1; L. 1982, ch. 319, § 7; L. 1984, ch. 289, § 3; L. 1998, ch. 64, § 17; L. 1998, ch. 201, § 3; L. 2006, ch. 143, § 1; July 1.
Except as provided in K.S.A. 20-2610a, and amendments thereto, in the event of a judge's death prior to retirement, the judge's accumulated contributions shall be paid to the judge's beneficiary. Whenever a judge dies after retirement, without electing an option under K.S.A. 20-2610a, and amendments thereto, the amount of annuities the judge has received under the retirement system for judges shall be computed and if such amount is less than the judge's accumulated contributions, the difference shall be paid to the judge's beneficiary.
History: L. 1953, ch. 182, § 7; L. 1968, ch. 41, § 2; L. 1969, ch. 178, § 1; L. 1982, ch. 319, § 8; July 1.
(a) Any judge may retire upon reaching age 65 or age 62 with the completion of 10 years of credited service or the first day of the month coinciding with or following the date that the total of the number of years of credited service and the number of years of attained age of the judge is equal to or more than 85 and upon making application for retirement to the board. Any judge upon reaching age 75 shall retire, except that when any judge attains the age of 75, such judge may, if such judge desires, finish serving the term during which such judge attains the age of 75. Upon retiring, each such judge as described in this subsection shall receive retirement annuities as provided in K.S.A. 20-2610, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), any judge who is otherwise eligible to retire may retire upon reaching age 60 and, having total years of service of not less than 10 years, and upon making application to the board. Any such judge who retires on and after July 1, 1993, and prior to attaining the age of 62 shall receive a retirement annuity pursuant to K.S.A. 20-2610, and amendments thereto, based upon the normal retirement age of 62 reduced by an amount equal to the product of (1) such annual retirement annuity payable had the judge retired on the normal retirement date, multiplied by (2) the product of .2% multiplied by the number of months' difference, to the nearest whole month, between the judge's attained age at the time of retirement and age 62.
(c) Notwithstanding the provisions of subsection (a), on or after July 1, 1993, any judge who is otherwise eligible to retire may retire upon reaching age 55 with the completion of 10 years of service, and upon making application to the board. Any such judge who retires prior to attaining the age of 62 pursuant to this subsection shall receive a retirement annuity pursuant to K.S.A. 20-2610, and amendments thereto, based upon the normal retirement age of 62 reduced by an amount equal to the total of:
(1) (A) The product of such annual retirement annuity payable had the judge retired on the normal retirement date, multiplied by (B) the product of .6% multiplied by the number of months' difference, to the nearest whole month, between the member's attained age at the time of retirement and age 60; and
(2) for any judge who retired on or after July 1, 1993, the product of such annual retirement annuity payable had the judge retired on the normal retirement date, multiplied by 4.8%.
The provisions of this subsection apply to any judge who retires before the age of 62 and has attained age 55 but has not attained age 60, with the completion of 10 years of service.
History: L. 1953, ch. 182, § 8; L. 1974, ch. 142, § 1; L. 1975, ch. 190, § 7; L. 1980, ch. 238, § 1; L. 1985, ch. 254, § 4; L. 1989, ch. 232, § 3; L. 1993, ch. 227, § 5; L. 2004, ch. 156, § 1; L. 2009, ch. 105, § 1; July 1.
(a) Any judge who has become permanently physically or mentally disabled and who is not entitled to retire under K.S.A. 20-2608, and amendments thereto, may, upon being found so disabled by the supreme court, retire under this section, and upon such retirement such judge shall be entitled to receive an annuity, each monthly payment of which shall be in an amount equal to 3.5% of the final average salary of the judge, determined as provided in subsection (b) of K.S.A. 20-2610, and amendments thereto, multiplied by the number of total years of service, but for any judge who becomes disabled as provided in this section on or after July 1, 1998, such monthly benefits shall be at least 50% but shall not exceed 70% of the final average salary of the judge, determined as provided in subsection (b) of K.S.A. 20-2610, and amendments thereto.
(b) Any judge, or the conservator of any judge, desiring to retire under the provisions of this section shall file an application for such retirement with the clerk of the supreme court, which application shall be in such form and contain such information as the supreme court shall require. The court may require such judge to be examined by a physician appointed by the court and may require such other evidence and proof of disability as it deems necessary to reach a determination as to whether such judge is so permanently disabled. If the supreme court shall determine that any such judge is so permanently disabled it shall promptly notify the board and thereupon such judge shall be placed on retirement by the board and monthly receive the retirement annuity as provided in this section.
(c) Any judge receiving an annuity under the provisions of this section shall be considered an active judge for the purposes of K.S.A. 20-2608, and amendments thereto, and shall, upon reaching age 65 or upon making application for retirement, have such judge's retirement under this section terminated and such judge shall be placed on retirement under the provisions of K.S.A. 20-2608, and amendments thereto.
(d) In the event that a judge eligible for a disability annuity authorized by this section shall be disabled for a period of five years or more immediately preceding retirement, such judge's final average salary shall be adjusted upon retirement by the actuarial salary assumption rates in existence during such period of disability. Effective July 1, 1993, such judge's final average salary shall be adjusted upon retirement by 5% for each year of disability after July 1, 1993, but before July 1, 1998. Effective July 1, 1998, such judge's final average salary shall be adjusted upon retirement by an amount equal to the lesser of: (1) The percentage increase in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor minus 1%; or (2) four percent per annum, measured from the month the disability occurs to the month that is two months prior to the month of retirement, for each year of disability after July 1, 1998.
(e) The provisions of law in effect on the retirement date of a judge under the retirement system for judges shall govern the retirement benefit payable to the judge, any joint annuitant and any beneficiary.
History: L. 1953, ch. 182, § 9; L. 1972, ch. 108, § 2; L. 1974, ch. 143, § 1; L. 1975, ch. 190, § 8; L. 1985, ch. 254, § 5; L. 1987, ch. 299, § 4; L. 1993, ch. 227, § 6; L. 1998, ch. 201, § 4; July 1.
(a) (1) A judge who retires under K.S.A. 20-2608, and amendments thereto, shall be entitled to receive an annual annuity payable in monthly amounts subject to subsection (b), each such annual annuity of which shall be in an amount equal to the total of 5% of the final average salary of the judge, determined as provided in subsection (b), multiplied by the number of the judge's years of service up to 10 years, and 3.5% of the final average salary of the judge, determined as provided in subsection (b), multiplied by the number of the judge's years of service in excess of 10 years, but such annual annuity shall not exceed 70% of the final average salary of such judge, determined as provided in subsection (b). A judge who retires under K.S.A. 20-2608 and amendments thereto, and who became a member of the system after June 30, 1987, shall be entitled to receive an annual annuity payable in monthly amounts subject to subsection (b), each such annual amount of which shall be in an amount equal to the total of 3.5% of the final average salary of the judge, determined as provided in subsection (b), multiplied by the number of the judge's years of service, but such annual annuity shall not exceed 70% of the final average salary of the judge, determined as provided in subsection (b).
(2) For purposes of this subsection, the date of membership for a district magistrate judge who became a member of the system as provided by K.S.A. 20-2620, and amendments thereto, and who purchased service as provided in subsection (c) of K.S.A. 20-2620 and K.S.A. 74-49,123, and amendments thereto, shall be the day such district magistrate judge became a district magistrate judge and if such district magistrate judge's membership date as determined in this subsection is earlier than July 1, 1987, such district magistrate judge shall be entitled to the 5% of final average salary calculation for up to 10 years of service as provided in this subsection. Any additional cost associated with the provisions of this subsection shall be paid by such district magistrate judge by means of a single lump-sum payment or equal annual payments for not to exceed five years. The lump-sum or annual payments shall be determined by the system's actuary by using the member's final average salary at the time of application, actuarial assumptions and tables currently in use by the system and the member's attained age.
(b) For any judge who retires under K.S.A. 20-2608 or 20-2609, and amendments thereto, on or after July 1, 1975, the annuity shall be based on the final average salary of such judge as provided in this subsection. The final average salary of a judge who becomes permanently physically or mentally disabled and who is retired under K.S.A. 20-2608 or 20-2609, and amendments thereto, shall be determined as if such judge had retired on the date such judge became permanently physically or mentally disabled. The final average salary of a former judge whose service is terminated without retiring and who later retires under K.S.A. 20-2608, and amendments thereto, shall be determined as if such former judge had retired at the time such service was terminated.
In the case of judges who retire on or after July 1, 1993, the final average salary shall mean the average highest annual salary paid to the judge for any three years of the last 10 years of service as a judge immediately preceding retirement or termination of employment, or if service as a judge is less than three years, then the final average salary shall be the average annual salary paid to the judge during the full period of service as a judge, or if service as a judge is less than one year, then the final average salary shall be computed by multiplying the amount of monthly salary such judge was receiving at the time of retirement by 12.
(c) The provisions of law in effect on the retirement date of a judge under the retirement system for judges shall govern the retirement benefit payable to the judge, any joint annuitant and any beneficiary.
(d) A judge who retires under K.S.A. 20-2608, and amendments thereto, and who, after such retirement, again is appointed or elected as a judge, shall have the judge's retirement annuity suspended as provided in this subsection. Such judge shall become an active member and make employee contributions to the system and receive service credit for any service after the date of commencement of service in such position. Upon again retiring, any credited service such member subsequently accrues shall be added to all previous service and the retirement annuity shall be recalculated in accordance with the provisions of this section.
History: L. 1953, ch. 182, § 10; L. 1963, ch. 218, § 3; L. 1968, ch. 377, § 1; L. 1972, ch. 108, § 3; L. 1974, ch. 143, § 2; L. 1975, ch. 190, § 9; L. 1982, ch. 319, § 9; L. 1983, ch. 254, § 1; L. 1986, ch. 115, § 50; L. 1987, ch. 299, § 5; L. 1988, ch. 302, § 2; L. 1993, ch. 227, § 7; L. 1998, ch. 201, § 5; L. 2000, ch. 152, § 5; July 1.
(a) A judge may elect to have such judge's retirement annuity paid under one of the options provided in this section in lieu of having it paid in the form stated in K.S.A. 20-2610, and amendments thereto. Such election shall be made before the date of actual retirement. A specific person shall be designated as joint annuitant at the time of election of the joint and
1/2 to joint annuitant survivor option, joint and survivor option and the joint and
3/4 to joint annuitant survivor option. Except as specifically provided in this subsection, an option elected by a member as provided in this section shall not be changed or canceled nor shall the named joint annuitant be changed after the date of actual retirement of the judge. If a retirant is divorced after the retirant's date of actual retirement, and the retirant has named the retirant's ex-spouse as a joint annuitant under subsection (c), the joint annuitant option may be canceled and the retirant's benefit returned to the maximum amount of such retirant's retirement benefit commencing the first month following the date such cancellation is ordered by the district court of the county where the divorce action was filed. The retirant shall not receive a refund or interest of any amounts already paid to fund the original joint annuitant benefit. The retirant may not name a subsequent joint annuitant once the original joint annuitant option has been canceled.
(b) The amount of retirement annuity payable under an option shall be based on the age of the judge and, if applicable, the age of the joint annuitant, and shall be such amount as to be the actuarial equivalent of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, as prescribed in subsection (c). Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, the assumptions shall be specified in a way that precludes employer discretion. In no case shall the total amount of retirement annuity payable under any option provided in this section be more than 100% of the retirement annuity which would have been otherwise payable if no option had been elected under this section.
(c) The following retirement options, which are subject to the provisions of K.S.A. 74-49,123, and amendments thereto, are available:
(1) Joint and 1/2 to joint annuitant survivor.
A reduced retirement annuity payable to the judge during the judge's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, and (B) the percentage equal to 91% minus 0.4% for each year by which the age of the judge's joint annuitant is less than the judge's age, computed to the nearest whole year, or plus 0.4% for each year by which the age of the judge's joint annuitant is more than the judge's age, computed to the nearest whole year, with
1/2 of that monthly amount continued to the judge's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the judge. In the event that the designated joint annuitant under this option predeceases the retired judge, the amount of the retirement annuity otherwise payable to the judge under this option shall be adjusted automatically to the retirement annuity which the judge would have received if no option had been elected under this section.
(2)
Joint and survivor.
A reduced retirement annuity payable to the judge during the judge's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, and (B) the percentage equal to 83% minus 0.6% for each year by which the age of the judge's joint annuitant is less than the judge's age, computed to the nearest whole year, or plus 0.6% for each year by which the age of the judge's joint annuitant is more than the judge's age, computed to the nearest whole year, with that monthly amount continued to the joint annuitant during the joint annuitant's remaining lifetime, if any, after the death of judge. In the event that the designated joint annuitant under this option predeceases the retired judge, the amount of the retirement annuity otherwise payable to the judge under this option shall be adjusted automatically to the retirement annuity which the judge would have received if no option had been elected under this section.
(3) Joint and 3/4 to joint annuitant survivor.
A reduced retirement annuity payable to the judge during the judge's lifetime in a monthly amount equal to the product of (A) the monthly payment of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, and (B) the percentage equal to 87% minus 0.5% for each year by which the age of the judge's joint annuitant is less than the judge's age, computed to the nearest whole year, or plus 0.5% for each year by which the age of the judge's joint annuitant is more than the judge's age, computed to the nearest whole year, with 3/4 of that monthly amount continued to the judge's joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the judge. In the event that the designated joint annuitant under this option predeceases the retired judge, the amount of the retirement annuity otherwise payable to the judge under this option shall be adjusted automatically to the retirement annuity which the judge would have received if no option had been elected under this section.
(4) Life with 5 years certain.
A reduced retirement annuity payable to the judge during the judge's lifetime in a monthly amount equal to 98% of the monthly payment of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, and if the judge dies within the five-year certain period, measured from the commencement of retirement annuity payments, such monthly payments shall be continued to such judge's beneficiary during the balance of the five-year certain period.
(5)
Life with 10 years certain.
A reduced retirement annuity payable to the judge during the judge's lifetime in a monthly amount equal to 95% of the monthly payment of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, and if the judge dies within the ten-year certain period, measured from the commencement of retirement annuity payments, such monthly payments shall be continued to such judge's beneficiary during the balance of the ten-year certain period.
(6)
Life with 15 years certain.
A reduced retirement annuity payable to the judge during the judge's lifetime in a monthly amount equal to 88% of the monthly payment of the retirement annuity otherwise payable under K.S.A. 20-2610, and amendments thereto, and if the judge dies within the fifteen-year certain period, measured from the commencement of retirement annuity payments, such monthly payments shall be continued to such judge's beneficiary during the balance of the fifteen-year certain period.
(7)
Lump sum payment at retirement.
(A) Pursuant to this option, the judge must specify a lump sum amount to be paid to the judge upon the judge's retirement. The lump sum amount will be based on the actuarial present value of the benefit as provided in K.S.A. 20-2610, and amendments thereto. The lump sum amount designated by the judge must be in 10% increments and shall not exceed
1/2 of the actuarial present value of the benefit provided in K.S.A. 20-2610, and amendments thereto. If the judge's spouse elects a lump sum payment as provided in this section pursuant to the provisions of subsection (d), the lump sum payment will be based on the present value of the retirement option selected by the spouse. The lump sum amount designated by the spouse must be in 10% increments and shall not exceed
1/2 of the actuarial present value of the option selected in this section.
(B) Pursuant to this option, the judge must elect to have the remaining actuarial present value paid in a monthly amount under the provisions of K.S.A. 20-2610, and amendments thereto, or subsections (c)(1) through (c)(6) of this section.
(C) In the event that the designated joint annuitant pursuant to subsection (c)(1), (c)(2) or (c)(3), under this option predeceases the retirant, the amount of the retirement benefit otherwise payable to the retirant under the option shall be adjusted automatically to the retirement benefit which the retirant would have received if no option had been elected under this section.
(D) The provisions of this subsection shall be effective on and after July 1, 2001.
(d) If a judge, who is eligible to retire, dies without having actually retired, the judge's spouse, if the spouse is the sole beneficiary for the judge's accumulated contributions, may elect to receive benefits as a joint annuitant under one of the options provided in this section in lieu of receiving the judge's accumulated contributions.
(e) On and after May 1, 2004, if a judge with 10 or more years of credited service dies before attaining retirement age, the judge's spouse, if the spouse is the sole beneficiary for the judge's accumulated contributions, may elect to receive benefits under one of the options provided in this section in lieu of receiving the judge's accumulated contributions. Payments under one of the options provided in this section to the judge's spouse if so elected, shall commence on the date that the judge would have been eligible for normal retirement pursuant to subsection (a) of K.S.A. 20-2608, and amendments thereto, or would have been eligible for early retirement pursuant to subsection (b) or (c) of K.S.A. 20-2608, and amendments thereto, if such early retirement date occurs earlier.
(f) Benefits payable to a joint annuitant shall accrue from the first day of the month following the death of a member or retirant and, in the case of the joint and
1/2 to joint annuitant survivor option, the joint and survivor option and the joint and
3/4 to joint annuitant survivor option, shall end on the last day of the month in which the joint annuitant dies.
(g) The provisions of the law in effect on the retirement date of a judge under the retirement system for judges shall govern the retirement annuity payable to the retired judge and any joint annuitant, except, for retirement benefits payable after July 1, 1993, for judges who retired prior to July 1, 1982, in the event that the designated joint annuitant under the option provided in subsection (c)(1), (2) or (3), as applicable, predeceased the judge, the amount of the retirement benefit otherwise payable to the judge under the option provided in subsection (c)(1), (2) or (3), as applicable, shall be adjusted automatically to the retirement benefit which the judge would have received if no option had been elected under this section.
(h) Upon the death of a joint annuitant who is receiving a retirement benefit under the provisions of this section, there shall be paid to such joint annuitant's beneficiary an amount equal to the excess, if any, of the accumulated contributions of the retired judge over the sum of all retirement benefit payments made to such retired judge and such joint annuitant. Such joint annuitant shall designate a beneficiary by filing in the office of the retirement system such designation at the time of death of the retired judge. If there is no named beneficiary of such joint annuitant living at the time of death of such joint annuitant, any amount provided for by this section shall be paid to, in order of preference as follows:
(1) The joint annuitant's surviving spouse;
(2) the joint annuitant's dependent child or children;
(3) the joint annuitant's dependent parent or parents;
(4) the joint annuitant's nondependent child or children;
(5) the joint annuitant's nondependent parent or parents; or
(6) the estate of the deceased joint annuitant.
(i) In any event, benefits shall be adjusted as necessary to satisfy the incidental death benefits regulations under the federal internal revenue code.
History: L. 1968, ch. 41, § 3; L. 1969, ch. 178, § 2; L. 1975, ch. 190, § 10; L. 1980, ch. 238, § 2; L. 1982, ch. 319, § 10; L. 1983, ch. 254, § 2; L. 1985, ch. 254, § 1; L. 1987, ch. 299, § 6; L. 1988, ch. 302, § 3; L. 1989, ch. 232, § 4; L. 1993, ch. 227, § 8; L. 1998, ch. 64, § 18; L. 2000, ch. 152, § 6; L. 2001, ch. 209, § 4; L. 2003, ch. 155, § 1; L. 2005, ch. 196, § 2; L. 2013, ch. 132, § 1; June 13.
History: L. 1968, ch. 41, § 4; Repealed, L. 1988, ch. 302, § 36; July 1.
History: L. 1968, ch. 41, § 5; Repealed, L. 1974, ch. 143, § 4; July 1.
K.S.A. 20-2607 and 20-2610a to 20-2610d shall not apply to any judge who has retired prior to July 1, 1968.
History: L. 1968, ch. 41, § 6; July 1.
History: L. 1953, ch. 182, § 10; L. 1963, ch. 218, § 3; L. 1968, ch. 377, § 1; L. 1972, ch. 108, § 3; L. 1974, ch. 143, § 2; L. 1975, ch. 190, § 9; L. 1982, ch. 319, § 9; L. 1983, ch. 254, § 1; L. 1986, ch. 115, § 50; L. 1987, ch. 106, § 1; Repealed, L. 1988, ch. 302, § 36; July 1.
Any judge or conservator of a judge who retires under K.S.A. 20-2608 or 20-2609, and any amendments thereto, shall give to the board a statement of facts which shall include an accurate record of all service claimed by such judge, his salary when he last served as a judge, the amount of contributions he has made to the fund, designation of beneficiary and any other information the board may request. The board shall determine the accuracy of all pertinent facts claimed and may call a hearing to determine any or all matters necessary in order to determine the amount of the annuity to which such judge is entitled. After obtaining all facts it deems necessary, the board shall render its decision as to the amount of the annuity, if any, to which such judge shall be entitled.
History: L. 1953, ch. 182, § 11; L. 1972, ch. 108, § 4; L. 1974, ch. 143, § 3; July 1.
Annuity payments to a judge who has retired under K.S.A. 20-2608 shall continue until the end of the month in which such judge shall die. The last annuity payment and any other payments to which such judge shall be entitled and which have not been paid at the time of his death shall be paid to his beneficiary. A judge who is receiving annuity payments under K.S.A. 20-2609 shall continue to receive such annuities as long as he is permanently disabled, and if such judge shall die while so disabled, payment of annuities shall be terminated in the same manner as hereinbefore provided for a judge who dies subsequent to his retirement. Any judge who is receiving annuities under K.S.A. 20-2609 may be required by the supreme court to submit to a re-examination at any time. Any such judge shall have the right to re-examination upon application to the court but not more often than once every six months.
A physician appointed by the court shall make such examinations and report his findings to the court which shall make a determination. In the event the court shall find that the permanent disability no longer exists the court shall so notify the board and thereupon said board shall discontinue annuity payments to such judge unless said judge has in the meantime qualified for retirement by reason of his age. If any judge refuses to submit to such re-examination the court shall so inform the board which shall immediately terminate all annuity payments to such judge. Costs incurred by the supreme court for the services of a physician as authorized by this act shall be paid by the board out of moneys appropriated to administer this act, and shall not be paid out of the fund.
History: L. 1953, ch. 182, § 12; July 1.
History: L. 1953, ch. 182, § 13; Repealed, L. 1975, ch. 190, § 12; July 1.
When a justice of the supreme court, or judge of the district court, becomes retired under the provisions of this act said judge shall be relieved of further active duties on the court, and the governor may appoint a justice or judge to succeed said judge as when a vacancy exists on that court.
History: L. 1953, ch. 182, § 14; L. 1976, ch. 145, § 93; January 10, 1977.
History: L. 1963, ch. 218, § 1; Repealed, L. 1967, ch. 191, § 2; July 1.
(a) Any retired justice of the supreme court, retired judge of the court of appeals, retired district judge or retired associate district judge may be designated and assigned to perform such judicial service and duties as such retired justice or judge is willing to undertake. Designation and assignment of a retired justice or judge in connection with any matter pending in the supreme court shall be made by the supreme court. Designation and assignment of a retired justice or judge in connection with any matter pending in any other court, including any court located within the judicial district in which the justice or judge resides, or to perform any other judicial service or duties shall be made by the chief justice of the supreme court. Any such judicial service or duties shall include necessary preparation and other out-of-court judicial service for hearings or for deciding matters or cases in conjunction with the judicial services and duties assigned under this section. Any designation and assignment may be revoked in the same manner and all such designations and assignments and revocations shall be filed of record in the office of the clerk of the court to which such assignment is made.
(b) A retired justice or judge so designated and assigned to perform judicial service or duties shall have the power and authority to hear and determine all matters covered by the assignment.
(c) Except as otherwise provided in this section, each retired justice or judge who performs judicial service or duties under this section shall receive: (1) Per diem compensation at the rate of per diem compensation in effect under K.S.A. 46-137a, and amendments thereto; (2) a per diem subsistence allowance at the per diem subsistence allowance rate in effect under K.S.A. 46-137a, and amendments thereto; (3) a mileage allowance at the rate fixed under K.S.A. 75-3203a, and amendments thereto; and (4) all actual and necessary expenses for other than subsistence or travel, including necessary stenographic assistance, as may be incurred in performing such service or duties.
(d) No retired justice or judge shall be entitled to receive per diem compensation under this section for any day in a fiscal year after the date that the total of (1) the amount of per diem compensation earned under this section during that fiscal year and (2) the amount of the retirement annuity payable to such retired justice or judge for that fiscal year under the retirement system for judges, becomes equal to or more than the amount of the current annual salary of a district judge paid by the state under K.S.A. 2025 Supp. 75-3120n, and amendments thereto, but such retired justice or judge shall receive the subsistence allowance, mileage allowance and actual and necessary expenses as provided under this section after such date.
(e) As used in this section, a retired justice or judge shall not include those justices or judges who were not retained in office, were not reelected to office, have been impeached from office or removed by the supreme court from office.
History: L. 1967, ch. 191, § 1; L. 1972, ch. 109, § 1; L. 1976, ch. 145, § 94; L. 1980, ch. 94, § 2; L. 1981, ch. 137, § 1; L. 1993, ch. 42, § 1; L. 2023, ch. 69, § 5; January 1, 2025.
History: L. 1968, ch. 41, § 8; L. 1975, ch. 190, § 11; Repealed, L. 1982, ch. 116, § 14; July 1.
Every annuity or other benefit received by any judge or other person pursuant to the retirement system for judges under the acts contained in article 26 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto, is exempt from any tax of the state of Kansas or any political subdivision or taxing body thereof; shall not be subject to execution, garnishment, attachment or except as otherwise provided, any other process or claim whatsoever; and shall be unassignable, except that within 30 days after the death of a retirant the lump-sum death benefit payable to a retirant pursuant to the provisions of K.S.A. 74-4989, and amendments thereto, may be assignable to a funeral establishment providing funeral services to such retirant by the beneficiary of such retirant. Any annuity or benefit or accumulated contributions due and owing to any judge or any person under the provisions of the retirement system for judges are subject to claims of an alternate payee under a qualified domestic relations order. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" shall have the meaning ascribed to them in section 414(p) of the federal internal revenue code. The provisions of this act shall apply to any qualified domestic relations order which was filed or amended either before or after July 1, 1994. The Kansas public employees retirement system shall not be a party to any action under the Kansas family law code, chapter 23 of the Kansas Statutes Annotated, and amendments thereto, but is subject to orders from such actions issued by the district court of the county where such action was filed and may also accept orders which it deems to be qualified under this subsection from courts having jurisdiction of such actions outside the state of Kansas. Such orders from such actions shall specify either a specific amount or specific percentage of the amount of the pension or benefit or any accumulated contributions due and owing from the system to be distributed by the system pursuant to this act.
History: L. 1981, ch. 129, § 1; L. 1982, ch. 152, § 20; L. 1990, ch. 282, § 3; L. 1991, ch. 238, § 2; L. 1992, ch. 321, § 27; L. 1994, ch. 293, § 3; L. 1998, ch. 64, § 19; L. 2012, ch. 162, § 32; May 31.
History: L. 1989, ch. 232, § 33; L. 1991, ch. 237, § 5; Repealed, L. 1998, ch. 64, § 95; July 1.
(a) Except as otherwise provided, each district magistrate judge holding such position on the effective date of this act may become a member of the retirement system for judges on the first day of the payroll period of the fiscal year ending June 30, 1994, only by filing with the board of trustees of the Kansas public employees retirement system on or before the first day of the payroll period of the fiscal year ending June 30, 1994, a written election to become a member of the system. Failure to file such written election shall be presumed to be an election not to become a member of the system. Such election, whether to become a member or not to become a member, shall be irrevocable. In addition, any such district magistrate judge who makes the election previously provided in this section, may elect to transfer such district magistrate judge's service credit from the Kansas public employees retirement system as provided in subsection (e) of K.S.A. 20-2601, and amendments thereto, and subsection (c). The date of membership for a district magistrate judge who became a member of the system as provided in this section and who purchased service as provided in subsection (c) shall be the day that such district magistrate judge became a district magistrate judge. Such district magistrate judge shall be subject to the provisions of subsection (a)(2) of K.S.A. 20-2610, and amendments thereto.
(b) Each person who becomes a district magistrate judge on or after the effective date of this act shall become a member of the retirement system for judges on the first day such person holds the position of district magistrate judge.
(c) The board of trustees of the Kansas public employees retirement system shall transfer to the credit of the district magistrate judge under the retirement system for judges such amounts as may be presently credited to a district magistrate judge's account for contribution under the Kansas public employees retirement system and an equivalent amount to the employer's account for contributions for such district magistrate judge whenever an application for conversion of service under the Kansas public employees retirement system is received from a district magistrate judge. Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, any district magistrate judge may purchase such service by electing such purchase prior to retirement by means of a single lump-sum payment or equal annual payments for not to exceed five years. The lump-sum or annual payments shall be determined by the system's actuary by using the member's final average salary at the time of application, actuarial assumptions and tables currently in use by the system and the member's attained age.
History: L. 1993, ch. 227, § 53; L. 1998, ch. 64, § 20; L. 1998, ch. 201, § 6; July 1.
(1) Any judge, who first became a member of the retirement system for judges after attaining age 60 years, may elect to purchase additional benefits for service credit under the retirement system for judges. In no case shall a judge be entitled to purchase additional benefits as provided in this section if the judge's number of years of credited service and number of years of service credit purchased as provided in this section exceeds 15 years. The benefit for each such year of service credit purchased as provided in this section shall be as provided in K.S.A. 20-2610, and amendments thereto. Such benefit shall be based on the annual compensation of such judge at the time the judge purchases such additional benefits. Subject to the provisions of K.S.A. 74-49,123, and amendments thereto, such member may purchase such additional benefits by making application therefor prior to date of retirement and making a single lump-sum payment representing the amount that a judge would normally contribute under the system had the years of service credit purchased by the judge as provided in this section actually been years of credited service. Such lump-sum payment shall be based on an amount equal to the then present value of the benefits being purchased as determined by the actuary using the judge's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made on the date specified by the board.
(2) The provisions of this section shall take effect on and after July 1, 1994.
History: L. 1994, ch. 293, § 36; L. 1998, ch. 64, § 21; July 1.
(a) On and after July 1, 1995, a retirant who retires as provided in K.S.A. 20-2608, and amendments thereto, may return to temporary judicial duties while receiving service retirement benefits. Upon written agreement with the Kansas supreme court, such retirant shall be available to perform assigned judicial duties for not more than 104 days or 40% of each year. Notwithstanding the provisions of law in effect on the retirement date of a retirant, such retirant shall receive a stipend, payable monthly, equal to 25% of the current monthly salary of judges or justices serving in the same position as that held by the retirant at the time of retirement. Such agreement shall be for a period of not more than two years. A retirant may enter into subsequent agreements, except that the aggregate of these agreements shall not exceed 15 years. The supreme court is hereby authorized and may pay on behalf of such retirant the amount specified by the Kansas state employees health care commission under K.S.A. 75-6508, and amendments thereto, as if the retirant is serving as a full-time employee of the judicial branch and participating in the state health care benefits program to provide for such participation of the retirant. Any retirant entering into a written agreement with the Kansas supreme court to be available to perform assigned judicial duties for less than 104 days or 40% of each year for a proportionally reduced stipend shall be considered as if the retirant is serving under a part-time appointment as an employee of the judicial branch and participating in the state health care benefits program to provide for such participation of the employee and the supreme court may pay on behalf of the retirant the amount specified by the Kansas state employees health care commission and K.S.A. 75-6508, and amendments thereto.
(b) If a written agreement is entered into pursuant to the provisions of subsection (a), and notice is received by the chief justice of the refusal of the retirant to accept a temporary assignment without just cause, the written agreement shall be terminated.
(c) Nothing in this act shall be construed to require a retirant of the retirement system for judges to enter into an agreement to perform temporary judicial duties.
(d) Nothing in this act shall be construed to limit the supreme court's ability to make judicial assignments pursuant to the provisions of K.S.A. 20-310b and 20-2616, and amendments thereto; and the stipend provided by this act shall not be counted toward the annual limitation on compensation provided in K.S.A. 20-2616, and amendments thereto.
(e) Any retirant who has fulfilled the requirements of an agreement entered into pursuant to this act may continue to accept judicial assignments and shall be compensated for such subsequent assignments in accordance with the provisions of K.S.A. 20-310b and 20-2616, and amendments thereto.
(f) If an assignment given to a retirant in accordance with this act will require the retirant to exceed the 104 day limitation provided in subsection (a), the retirant shall be compensated in accordance with the provisions of K.S.A. 20-2616, and amendments thereto.
(g) For purposes of this act, "retirant" shall include any justice of the Kansas supreme court, judge of the Kansas court of appeals, and district judge of any district court of Kansas who retired pursuant to the provisions of the retirement system for judges. Retirant shall not include any district magistrate judge.
History: L. 1995, ch. 267, § 40; L. 2006, ch. 195, § 9; L. 2013, ch. 126, § 1; July 1.
The retirement system for judges shall be administered by the board in the manner required to satisfy the applicable qualification requirements for governmental plans as specified in the federal internal revenue code of 1954 or 1986, as amended and as appropriate for a governmental plan and as in effect on July 1, 2008. The provisions of K.S.A. 74-49,123, and amendments thereto, apply to the administration of the system.
History: L. 1998, ch. 64, § 84; L. 2008, ch. 113, § 8; July 1.
The retirement system for judges is a division of the Kansas public employees retirement system created by K.S.A. 74-4903, and amendments thereto, and is subject to the provisions of K.S.A. 74-4901 et seq., and amendments thereto.
History: L. 1998, ch. 201, § 46; July 1.
(1) Any member of the retirement system for judges may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating credit for periods of active service in the armed forces of the United States or in the commissioned corps of the United States public health service and for periods of service required to fulfill the requirements of section 651 of title 10, United States code, which does not exceed six years. Such judge shall be entitled to purchase one quarter of participating service credit for each year of service required to fulfill the requirements of section 651 of title 10, United States code. Such purchase shall be effected by the judge submitting proof of such service acceptable to the board and electing in writing to have employee contributions as provided in K.S.A. 20-2603, and amendments thereto, deducted from such judge's compensation at an additional rate of contribution, in addition to the employee's rate of contribution as provided in K.S.A. 20-2603, and amendments thereto, based upon the judge's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at such time of purchase for such periods of service. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all of the full quarters of such service have been purchased.
(2) Any member of the retirement system who has not retired may purchase, subject to the provisions of K.S.A. 74-49,123, and amendments thereto, participating service credit for military service as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section. The lump-sum payment shall be an amount determined by the actuary using the judge's then current annual rate of compensation or the judge's final average salary at the time the judge elects to purchase such service credit, whichever is higher, the actuarial assumptions and tables currently in use by the retirement system and the judge's attained age.
History: L. 1998, ch. 201, § 47; L. 2000, ch. 152, § 7; L. 2006, ch. 143, § 2; July 1.
Any member of the retirement system for judges may purchase service credit for periods of service in the United States volunteers in service to America (VISTA) which commenced on or after January 1, 1962. At the election of the judge, the benefit for each such period of service shall be equal to either 1% or 1.75% of the final average salary of any such judge. Such judge may purchase such service credit by making application therefor prior to date of retirement at an additional rate of contribution in addition to the employee's rate of contribution as provided in K.S.A. 20-2603, and amendments thereto, based upon the judge's attained age at the time of purchase and using actuarial assumptions and tables in use by the retirement system at the time of such purchase. Such additional rate of contribution shall commence at the beginning of the quarter following such election and shall remain in effect until all quarters of such service have been purchased. Any such judge may purchase service credit as described in this section by electing to effect such purchase by means of a single lump-sum payment in lieu of employee contributions as provided in this section in an amount equal to the then present value of the benefits being purchased as determined by the actuary using the judge's attained age, annual compensation at the time of purchase and the actuarial assumptions and tables then in use by this system. The lump-sum payment shall be made immediately upon being notified of the amount due. The provisions of this section shall be effective on and after July 1, 2000.
History: L. 2000, ch. 152, § 41; May 25.
Any judge who has retired or who retires as provided in K.S.A. 20-2608, and amendments thereto, and who has entered into agreement with the Kansas supreme court to perform assigned judicial duties as provided pursuant to K.S.A. 20-2622, and amendments thereto, may elect to purchase, subject to the provisions of K.S.A. 74-49,123, service credit for such service under the retirement system for judges. Such purchase shall be by means of a single lump-sum payment. Such lump-sum payment shall be an amount determined by the actuary using the judge's current age, the final average salary of such judge at the time of such judge's retirement, the form of the payment of the annuity to such judge including any retirement option elected by such judge pursuant to K.S.A. 20-2610a, and amendments thereto, and the actuarial assumptions and tables then in use by the system.
History: L. 2001, ch. 209, § 50; May 31.
History: L. 1955, ch. 182, §§ 1, 2; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, § 3; L. 1972, ch. 107, § 2; L. 1974, ch. 390, § 13; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, § 4; L. 1974, ch. 144, § 1; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, § 5; L. 1967, ch. 192, § 1; L. 1968, ch. 37, § 2; L. 1969, ch. 179, § 1; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, §§ 6–8; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, § 9; L. 1972, ch. 110, § 1; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, § 10; L. 1968, ch. 313, § 1; L. 1972, ch. 110, § 2; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1972, ch. 110, §§ 4–7; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, § 11; L. 1972, ch. 110, § 3; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1955, ch. 182, §§ 12, 13; Repealed, L. 1975, ch. 191, § 11; July 1.
History: L. 1968, ch. 37, § 3; L. 1975, ch. 191, § 10; Repealed, L. 1982, ch. 116, § 14; July 1.
(a) The clerk of the district court shall remit all moneys payable to the state treasurer from fines, penalties and forfeitures to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund, except as provided in K.S.A. 74-7336, and amendments thereto.
(b) In order to determine the amount of moneys available pursuant to this section, the director of accounts and reports or the state treasurer, whenever it is deemed necessary by either of such officers, may request the clerk of the district court to provide such information as provided in this section. Within 10 days of the receipt of any such request, such clerk shall certify the amount of moneys collected pursuant to this section to the director of accounts and reports and the state treasurer.
(c) This section shall not apply to municipal courts.
History: L. 1973, ch. 106, § 1; L. 1976, ch. 311, § 2; L. 1977, ch. 112, § 5; L. 1978, ch. 108, § 13; L. 1989, ch. 239, § 4; L. 2001, ch. 5, § 79; July 1.
(a) The proposition of the method of selecting judges of the district court shall be submitted to the qualified electors in each judicial district, as authorized by section 6 of article 3 of the Kansas constitution, when a petition therefor is submitted to the secretary of state in accordance with this section. In the case of a petition for the adoption of the nonpartisan method of selection, the following shall appear on the petition:
"We request an election to determine whether judges of the district court in this district shall continue to be elected or shall be appointed by the governor upon nominations by a district nominating commission and subject to retention in office by a vote of the voters."
In the case of a petition for the rejection of the nonpartisan method of selection, the following shall appear on the petition:
"We request an election to determine whether judges of the district court in this district shall continue to be appointed by the governor upon nominations by a district nominating commission and subject to retention in office by a vote of the voters or shall be elected."
(b) The proposition of the method of selecting judges of the district court shall be submitted to the qualified electors in: (1) Any newly established judicial district which consists of all or parts of two or more previously established districts which used different methods of selecting judges of the district court; and (2) any judicial district to which new territory is attached if any portion of such territory was transferred from a district which used a method of selecting its judges which is different from the method used in any other district from which any portion of the territory was transferred or the district to which the territory is attached.
(c) The proposition on the ballot at an election held pursuant to this section for the adoption of nonpartisan selection shall be as follows:
"The present method of electing judges of the district court in this judicial district shall be discontinued and there is hereby adopted in this judicial district the nonpartisan method of selection of judges by the governor upon nominations by a district nominating commission and subject to retention in office by a vote of the voters." Provision shall be made for marking the question "Yes" or "No."
(d) The proposition on the ballot at an election held pursuant to this section for the repeal of nonpartisan selection shall be as follows:
"The present method of nonpartisan selection of judges of the district court in this judicial district by the governor upon nominations by a district nominating commission and subject to retention in office by a vote of the voters shall be discontinued and there is hereby adopted in this judicial district the election of judges of the district court by the voters." Provision shall be made for marking the question "Yes" or "No."
(e) The proposition on the ballot at any election held pursuant to subsection (b) shall be as follows:
"Judges of the district court in this judicial district shall be selected: (vote for only one of the following methods)
(1) By election by the voters.
(2) By nonpartisan appointment by the governor from among nominations by a district nominating commission and subject to election on retention in office by a vote of the voters."
(f) If a majority of the votes cast and counted on the proposition is in favor of the nonpartisan method of selection or against election of judges of the district court, the provisions of this act shall govern the selection and retention of judges of the district court in the judicial district, notwithstanding any other law providing for the election of judges of the district court, until such time as the proposition of the method of selection of the judges of the district court is resubmitted to the voters of the judicial district and a different method of selection is approved by the voters as provided by this section. If a majority of the votes cast and counted is in favor of election of judges of the district court or against the nonpartisan method of selection, vacancies in the office of judge of the district court in the judicial district shall be filled in the manner provided by law for the filling of such vacancies in judicial districts in which judges of the district court are elected, until such time as the proposition of the method of selection of the judges of the district court is resubmitted to the voters of the judicial district and a different method of selection is approved by the voters as provided by this section.
(g) Except as provided in subsection (b), when the proposition of the method of selecting judges of the district court is submitted to the electors in a judicial district in 1984 or in any subsequent year, such proposition may be resubmitted to the electors in the judicial district not more often than once every eight years thereafter, whenever there shall be submitted to the secretary of state a petition signed by qualified electors of the judicial district, equal in number to not less than 5% of the electors of the judicial district who voted for the office of secretary of state at the last preceding general election. In such event, the secretary of state shall cause the appropriate proposition as stated in subsection (c) or (d) to be placed on the ballot at the next succeeding general election in an even-numbered year which occurs more than 90 days after the date such petition is filed with the secretary of state.
(h) It shall be the duty of the state board of canvassers to canvass the votes in each judicial district voting on the proposition of the method of selection of judges of the district court in the manner prescribed by K.S.A. 25-3206, and amendments thereto. Upon completion of the final canvass and certification of the results, the secretary of state shall transmit a copy of the results for each such judicial district to the chief justice of the supreme court. Upon receipt thereof, the chief justice shall notify the clerk of the supreme court and the board of county commissioners of each county in a judicial district which voted in favor of the nonpartisan method of selection of their respective duties under this act, and the chief justice shall designate a chairperson of the commission for each such judicial district, as provided in K.S.A. 20-2903, and amendments thereto.
History: L. 1974, ch. 137, § 1; L. 1974, ch. 138, § 1; L. 1976, ch. 145, § 95; L. 1979, ch. 84, § 1; L. 1982, ch. 130, § 16; L. 1982, ch. 129, § 10; L. 1985, ch. 107, § 1; July 1.
(a) The provisions of K.S.A. 20-2903 to 20-2913, inclusive, and amendments thereto, shall apply only in judicial districts in which the proposition of nonpartisan selection of judges of the district court has been approved by the qualified electors of such judicial districts, as provided in K.S.A. 20-2901, and as used in K.S.A. 20-2903 to 20-2913, inclusive, and amendments thereto, the term "judicial district" shall mean any judicial district to which said sections apply.
(b) The provisions of this act shall not affect the term of office of any person serving as judge of the district court at the time of any general election at which the proposition for nonpartisan selection of judges of the district court is on the ballot, nor shall it affect the term of office of any person elected as judge of the district court at any such election; but upon the expiration of the term of office of any such judge in a judicial district in which the qualified electors thereof have approved nonpartisan selection of judges of the district court, as provided in K.S.A. 20-2901, the retention of such judge in office or the selection of a successor to such office shall be governed by K.S.A. 20-2903 to 20-2913, inclusive, and amendments thereto.
(c) Whenever a judicial district shall approve the proposition of nonpartisan selection of judges of the district court as provided in K.S.A. 20-2901, each district court judge serving in such judicial district shall be subject to the restrictions imposed on his or her political activities by section 8 of article 3 of the Kansas constitution. Any such judge who violates said restrictions shall be subject to removal from office in the manner prescribed by law.
History: L. 1974, ch. 137, § 2; L. 1976, ch. 145, § 96; January 10, 1977.
(a) There is hereby established in each judicial district a district judicial nominating commission, which shall consist of an equal number of lawyers and non-lawyers. The lawyer members of each nominating commission shall be elected as provided in K.S.A. 20-2904, and the non-lawyer members shall be appointed as provided in K.S.A. 20-2905. The chairperson of the commission shall be a justice of the supreme court or a district judge who is not a judge in such judicial district, to be appointed by and serve at the pleasure of the chief justice of the supreme court. It shall be the duty of the chairperson to preside at all meetings of the commission, but he or she shall not be entitled to vote.
(b) The purpose of the district judicial nominating commission shall be to nominate persons for appointment to the office of judge of the district court in a judicial district. Any person so nominated shall have the qualifications prescribed by law for such office, and shall be a person of recognized integrity, character, ability, experience and judicial temperament, to the end that persons serving as judges of the district court will be the best qualified therefor.
History: L. 1974, ch. 137, § 3; L. 1976, ch. 145, § 97; January 10, 1977.
(a) Lawyer members of the district judicial nominating commission shall be elected pursuant to this section. The clerk of the supreme court shall use the certified roster of attorneys licensed to practice law in Kansas, as provided to the secretary of state pursuant to K.S.A. 20-2917, and amendments thereto, for ascertaining the names and places of residence of those entitled to receive ballots and for ascertaining the qualifications of those nominated for membership on the district judicial nominating commission.
(b) The number of lawyer members to be elected to the district judicial nominating commission of a judicial district shall be as follows:
(1) In a judicial district consisting of a single county, the number of members elected shall be equal to the number of nonlawyer members appointed pursuant to K.S.A. 20-2905(a)(1), and amendments thereto.
(2) In a judicial district consisting of two counties, four members shall be elected.
(3) In a judicial district consisting of three or more counties, the number of members elected shall equal the number of counties in such judicial district.
(c) (1) Between December 1 and December 15 of the year in which nonpartisan selection of judges of the district court is approved by the electors of the judicial district as provided in K.S.A. 20-2901, and amendments thereto, the clerk of the supreme court shall send to each lawyer by ordinary first class mail a form for nominating one lawyer for election to the commission. Any such nomination shall be received in the office of the clerk of the supreme court on or before January 1 of the following year, together with the written consent of the nominee. After receipt of all nominations which are timely submitted, the clerk shall prepare a ballot containing the names of all lawyers so nominated and shall mail one such ballot and instructions for voting such ballot to each registered lawyer in the judicial district. Ballots shall be prepared in such manner that each lawyer receiving the same shall be instructed to vote for not more than the number of positions to be filled. Each such ballot shall be accompanied by a certificate to be signed and returned by the lawyer voting such ballot, evidencing the qualifications of such lawyer to vote, including the name and residential address of such lawyer, and certifying that the ballot was voted by such person. In any judicial district in which the number of nominees does not exceed the number of positions to be filled, the clerk shall declare those nominees to be elected without preparation of a ballot.
(2) In order to insure that the election of lawyer members is by secret ballot, the clerk shall provide a separate envelope for the ballot, in which the voted ballot only shall be placed, and the envelope containing the voted ballot shall be placed in another envelope, also to be supplied by the clerk, together with the signed certificate, and received in the office of the clerk of the supreme court on or before February 15 of such year. A ballot not accompanied by the signed certificate of the voter shall not be counted. The ballots returned as provided in this section shall be canvassed within 10 days thereafter. The canvassers shall consist of the clerk of the supreme court, the secretary of state or the secretary of state's designee and the attorney general or the attorney general's designee. The canvassers shall open and canvass the ballots and shall tabulate and sign the results as a record in the office of the clerk. After the ballots are counted and the results certified, the ballots shall be preserved by the clerk for a period of six months, and the certificates shall be preserved by the clerk for a period of five years. No one shall be permitted to inspect the ballots received pursuant to this section except upon order by the supreme court. Unless otherwise ordered by the supreme court, at the end of such six-month period, the clerk shall destroy the ballots received pursuant to this section, and at the end of such five-year period, the clerk shall destroy the certificates received pursuant to this section.
(c) Within 14 days after the results of an election are certified pursuant to this section, the clerk of the supreme court shall: (1) Create a list designating the positions and year for which the selection was held and containing the names and residential addresses of all persons who returned a ballot with a signed certificate as described in subsection (b); and (2) transmit a certified copy of the list to the secretary of state. The list described in this subsection shall be transmitted in a format prescribed by the secretary of state. Upon receipt of the list described in this subsection, the secretary of state shall append the information contained therein to the roster for such election as described in section 8, and amendments thereto.
(d) Notwithstanding any other provision of law, the certificates received for an election pursuant to this section shall be disclosed upon proper request submitted to the clerk of the supreme court pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(e) Notwithstanding any other provision of law, the lists described in subsection (c) shall be disclosed upon proper request submitted to the clerk of the supreme court or to the secretary of state pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
(f) After the ballots are counted and tabulated in descending order from the nominee receiving the highest number of votes the canvassers shall declare to be elected those nominees who are equal in number to the number of lawyers to be elected and who have the greatest number of votes. In the event of a tie creating more nominees to be elected than there are positions to be filled, the canvassers shall determine the person or persons to be elected by lot. In the event that less than the required number of lawyers is elected, the positions for which lawyers have not been elected shall be declared vacant and the vacancies filled in the manner prescribed by K.S.A. 20-2906(e), and amendments thereto.
(g) The procedure provided in this section for election of lawyers to serve as members of the first district judicial nominating commission established in a judicial district shall apply to the election of lawyers to succeed lawyer members of the commission whose terms of office expire, except that the form for submitting a nomination shall be sent between December 1 and December 15 of the year preceding the year in which such terms of office expire, and the dates prescribed for submission of nominations and the mailing, returning and canvassing of ballots shall apply in the year in which such terms of office expire.
History: L. 1974, ch. 137, § 4; L. 1976, ch. 145, § 98; L. 1978, ch. 116, § 1; L. 1983, ch. 106, § 1; L. 1992, ch. 283, § 3; L. 2003, ch. 99, § 11; L. 2016, ch. 93, § 9; July 1.
(a) The appointments of nonlawyer members of a district judicial nominating commission shall be made as follows:
(1) In a judicial district consisting of a single county, each member of the board of county commissioners of such county shall appoint one nonlawyer to serve as a member of the nominating commission.
(2) In a judicial district consisting of two counties, the board of county commissioners of each such county shall appoint two nonlawyers to serve as members of the nominating commission.
(3) In a judicial district consisting of three or more counties, the board of county commissioners of each such county shall appoint one nonlawyer to serve as a member of the nominating commission.
Each nonlawyer member of the nominating commission shall be a qualified elector of the county from which such member is appointed.
(b) All appointments of nonlawyers to serve as members of the first district judicial nominating commission of a judicial district shall be made and certified to the clerk of the supreme court on or before February 15 of the year following the general election at which the nonpartisan selection of judges of the district court is approved. Thereafter, all appointments of nonlawyers to serve for full terms on the commission shall be made and certified to the clerk of the supreme court on or before February 15 of the year in which such terms of office commence.
History: L. 1974, ch. 137, § 5; L. 1976, ch. 145, § 99; L. 2003, ch. 99, § 12; July 1.
(a) All members of the district judicial nominating commission who are elected or appointed to full terms of office shall commence their terms of office on the first Monday in March following their election or appointment, and shall serve for terms of four years, except that lawyer members of the first nominating commission established in a judicial district shall serve for terms of office as provided in subsection (b), and nonlawyer members of the first commission shall serve for terms of office as provided in subsection (c).
No member of a district judicial nominating commission, while such member is a member, shall hold any office or official position in a political party or be eligible for nomination to the position of judge of the district court.
(b) The terms of office for lawyer members of the first nominating commission established in a judicial district shall be determined by lot at the first meeting of the commission in accordance with the following:
(1) Where there are three lawyer members of a commission, two of such members shall serve for terms of one year and one such member shall serve for a term of three years.
(2) Where there are four lawyer members on a commission, two such members shall serve for terms of one year and two such members shall serve for terms of three years.
(3) Where there are five lawyer members on a commission, three such members shall serve for terms of one year and two such members shall serve for terms of three years.
(4) Where there are six lawyer members on a commission, three such members shall serve for terms of one year and three such members shall serve for terms of three years.
(5) Where there are seven lawyer members on a commission, four such members shall serve for terms of one year and three such members shall serve for terms of three years.
(c) The terms of office for nonlawyer members of the first nominating commission established in a judicial district shall be determined by lot at the first meeting of the commission in accordance with the following:
(1) Where there are three nonlawyer members of a commission, one such member shall serve for a term of one year and two such members shall serve for terms of three years.
(2) Where there are four nonlawyer members of a commission, two such members shall serve for terms of one year and two such members shall serve for terms of three years.
(3) Where there are five nonlawyer members of a commission, two such members shall serve for terms of one year and three such members shall serve for terms of three years.
(4) Where there are six nonlawyer members of a commission, three such members shall serve for terms of one year and three such members shall serve for terms of three years.
(5) Where there are seven nonlawyer members of a commission, three such members shall serve for terms of one year and four such members shall serve for terms of three years.
(d) In determining terms of office of members of the first nominating commission established in a judicial district pursuant to subsections (b) and (c), the supreme court shall prescribe the method of determining the terms by lot. Any method or procedure so prescribed shall be officiated by the chairperson of the commission. Upon the expiration of the terms of office provided in subsections (b) and (c), successors shall be selected for terms of four years in the same manner as the members whose terms of office are expiring were selected.
(e) Whenever a vacancy for any reason other than the expiration of a term of office shall occur in a lawyer's position on the district judicial nominating commission, leaving an unexpired term of office of more than 90 days, the chief justice of the supreme court shall appoint a successor of like qualifications to serve until the first Monday in March that occurs more than 90 days after the date of the vacancy or until the end of the unexpired term, whichever occurs first. If such first Monday in March occurs prior to the end of the unexpired term, a lawyer of like qualifications shall be elected in the manner prescribed by subsection (d) of K.S.A. 20-2904, and amendments thereto, to serve from such Monday in March until the end of the unexpired term. If any such vacancy occurs in a lawyer's position on the nominating commission leaving an unexpired term of office of 90 days or less, there shall be no appointment or election of a successor to fill the unexpired term.
(f) Whenever a vacancy for any reason other than the expiration of a term of office shall occur in a nonlawyer's position on the district judicial nominating commission, a successor of like qualification shall be appointed for the unexpired term in the same manner as the member whose position is vacant was appointed. Such successor shall serve until the end of the unexpired term.
History: L. 1974, ch. 137, § 6; L. 1976, ch. 145, § 100; L. 1992, ch. 283, § 4; L. 2003, ch. 99, § 13; July 1.
(a) Prior to taking office, each member of a district judicial nominating commission shall take and subscribe an oath of office as provided by law for public officers, and shall file the same with the clerk of the supreme court. After the members of the first commission established in a judicial district have commenced their terms of office, the chairman shall call a meeting of the commission to be held within the judicial district at a time and place designated by the chairman. At such meeting, the commission shall determine a regular meeting place or places, and the commission shall have the power to adopt such reasonable and proper rules and regulations as are necessary for the conduct of its proceedings and the discharge of its duties, consistent with the provisions of this act and the constitution and laws of this state.
(b) The commission shall meet only upon call of the chairman, and the commission shall not take any final action except at such meeting. A majority of the members of the commission shall constitute a quorum to do business, but no final action shall be taken except upon a vote of the majority of the members of the commission.
(c) Members of the commission shall receive no compensation, but shall be reimbursed for their actual and necessary expenses incurred in performing their official duties, as provided in K.S.A. 75-3223(b), (c) and (d), and amendments thereto. Such expenses shall be paid from the judicial nominating commission fund as provided in K.S.A. 20-138, and amendments thereto.
(d) The board of county commissioners of each county in a judicial district shall cooperate with the district judicial nominating commission of such judicial district, and shall make available to the commission wherever possible the facilities and services of such county, in order to expedite the business of the commission.
(e) (1) A district judicial nominating commission shall be and is hereby deemed to be a public body and shall be subject to the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto.
(2) Except as provided further, the commission shall not recess for a closed or executive meeting for any purpose. The commission, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting only for the purpose of discussing sensitive financial information contained within the personal financial records or official background check of a candidate for judicial nomination.
(3) Nothing in this subsection shall be construed to supersede the commission's discretion to close a record or portion of a record submitted to the commission pursuant to any applicable exception to public disclosure under the open records act.
History: L. 1974, ch. 137, § 7; L. 2016, ch. 93, § 10; July 1.
Following the approval of nonpartisan selection of judges of the district court in a judicial district as provided in K.S.A. 20-2901, and amendments thereto, there shall not be an election or reelection of a judge of the district court at any succeeding general election, but any judge of the district court in the judicial district whose term of office expires on the second Monday in January next following any such succeeding general election shall be eligible for retention in office as provided in this section. No later than 12:00 noon on the Monday preceding the first Tuesday of August preceding the expiration of the judge's term of office, the judge may file in the office of the secretary of state a declaration of candidacy for retention in office. Such declaration shall be prescribed by the secretary of state. If a declaration is not so filed, the position held by the judge shall be vacant upon the expiration of the judge's term of office. If a declaration is filed, the judge's name shall be submitted at the next general election to the electors of the judicial district, if the judge is a district judge, or to the electors of the county, if the judge is a district magistrate judge. The name shall be submitted on a separate judicial ballot, without party designation, reading substantially as follows:
"Shall _____________________________________________
(Here insert name of judge.)
(Here insert the title of the court.)
be retained in office?"
If a majority of those voting on the question vote against retaining the person in office, the position or office which the person holds shall be vacant upon the expiration of the person's term of office; otherwise, unless removed for cause, the person shall remain in office for the regular term of four years from the second Monday in January following the election. At the expiration of each term, unless by law the person is compelled to retire, the person shall be eligible for retention in office by election in the manner prescribed in this section.
Wherever a majority of those voting on the question of retaining any judge in office vote against retention, the secretary of state, following the final canvass of votes on the question, shall certify the results to the chief justice of the supreme court. Any judge who has not been retained in office pursuant to this section shall not be eligible for nomination or appointment to the office of judge of the district court in the judicial district prior to the expiration of four years after the expiration of the judge's term of office.
Election laws applicable to the general elections of other state officers shall apply to elections upon the question of retention of judges of the district court pursuant to this section, to the extent that they are consistent with the provisions of this act.
History: L. 1974, ch. 137, § 8; L. 1976, ch. 145, § 101; L. 1982, ch. 129, § 11; L. 1986, ch. 115, § 51; L. 1989, ch. 106, § 1; July 1.
(a) (1) Whenever a vacancy occurs in the office of judge of the district court in any judicial district, or whenever a vacancy will occur in such office on a specified future date, the chief justice of the supreme court shall give notice of such vacancy to the chairperson of the district judicial nominating commission of such judicial district not later than 120 days following the date the vacancy occurs or will occur.
(2) The chairperson, in consultation with members of the commission, within five days after receipt of such notice, shall set a schedule for accepting nominations and conducting interviews for the purpose of nominating persons for appointment to such office. It shall be the duty of the commission to nominate not less than three nor more than five persons for each office which is vacant, and shall submit the names of the persons so nominated to the governor. Any person nominated shall have the qualifications prescribed by K.S.A. 20-2903(b), and amendments thereto, and in order to obtain the best qualified persons as nominees, the commission shall not limit its consideration of potential nominees to those persons whose names have been submitted to the commission or who have expressed a willingness to serve. The commission may authorize one or more members of the commission to tender a nomination to any qualified person in order to ascertain the person's willingness to serve if nominated, but any such tender of nomination shall be subject to final action of the commission under the conditions prescribed by K.S.A. 20-2907(b), and amendments thereto.
(3) In order that a vacancy in the office of judge of the district court does not exist for an inordinate length of time, the commission shall conduct the business of selecting nominees for appointment to such office and certifying the same to the governor as promptly and expeditiously as possible, having due regard for the importance of selecting the best possible nominees. In no event shall the commission submit its nominations to the governor more than 45 days after the date the chief justice has notified the nominating commission that a vacancy is to be filled, unless the chief justice permits an extension of such time period.
(b) If there are not at least three attorneys deemed qualified by the district judicial nominating commission who reside in the judicial district and who are willing to accept the nomination to fill a vacancy in a district judge position, the nominating commission need not limit its consideration of nominees to attorneys residing in the judicial district. In cases where there is one such attorney, such attorney shall be one of the nominees submitted to the governor. If an appointee is not a resident of the judicial district at the time of appointment to a district judge position, the appointee shall establish residency in the judicial district before taking office and shall maintain such residency while holding such office.
History: L. 1974, ch. 137, § 9; L. 1975, ch. 183, § 2; L. 1976, ch. 145, § 102; L. 1978, ch. 111, § 3; L. 1986, ch. 115, § 52; L. 2003, ch. 99, § 14; L. 2014, ch. 82, § 19; L. 2016, ch. 93, § 11; July 1.
After a district judicial nominating commission has nominated and submitted to the governor the required number of nominees for appointment to fill a vacancy in the office of judge of the district court, and prior to the appointment of a successor to such office, any nomination may be withdrawn for cause of a substantial nature affecting the nominee's qualifications to hold office, and another nominee may be substituted therefor; and if any nominee dies or requests in writing that his or her name be withdrawn, the commission shall nominate another person to replace him or her.
Whenever there are existing at the same time two (2) or more vacancies in any judicial district and the nominating commission for such judicial district has submitted to the governor the required number of nominees for each of such vacancies, the commission may withdraw the lists of nominations, prior to any appointment being made, and change any of the persons so nominated from one list to another and resubmit them as so changed, or may substitute a new nominee for any of those previously nominated. The action of the commission in withdrawing nominations may be taken at the same meeting at which nominations are made, or at any later meeting called for such purpose.
History: L. 1974, ch. 137, § 10; L. 1976, ch. 145, § 103; January 10, 1977.
(a) Whenever a district judicial nominating commission has submitted to the governor the required number of nominations for appointment to fill a vacancy in the office of judge of the district court, it shall be the duty of the governor to make such appointment within 60 days after such nominations are submitted or resubmitted to the governor. If the governor fails to make the appointment within 60 days, the chief justice of the supreme court shall make the appointment from among such nominees, except whenever any change in the nominations is made pursuant to K.S.A. 20-2910, and amendments thereto, such 60-day period commences on the day the nominations are resubmitted.
(b) Whenever a vacancy in the office of judge of the district court exists at the time the appointment to fill such vacancy is made pursuant to this section, the appointment shall be effective at the time it is made, but where an appointment is made pursuant to this section to fill a vacancy which will occur at a future date, such appointment shall not take effect until such future date.
History: L. 1974, ch. 137, § 11; L. 1976, ch. 145, § 104; L. 2014, ch. 82, § 20; July 1.
Any person appointed to the office of district court judge pursuant to K.S.A. 20-2911 or pursuant to subsection (b) of K.S.A. 20-2913 shall commence upon the duties of office on the date such appointment takes effect, and any person so appointed shall have all the rights, privileges, powers and duties prescribed by law for the office of district court judge. Any such judge who is so appointed to fill a vacancy, or to fill a newly-created judgeship, or by reason of the expiration of a term of office, shall serve until the second Monday in January following the next general election which occurs after one year in office and shall be eligible to succeed himself or herself in office for a full term of four (4) years as provided in K.S.A. 20-2908.
If a majority of the votes cast and counted at such election is in favor of retaining such judge in office, said judge shall remain in office for a regular term of four years from the second Monday in January next following such election. Thereafter, such judge shall be subject to retention in office as provided in K.S.A. 20-2908. If a majority of the votes cast and counted at such election is against retaining such judge in office, the office of such judge shall become vacant on the second Monday in January next following the election, and a successor shall be appointed pursuant to K.S.A. 20-2909, 20-2910 and 20-2911. If such judge does not declare his or her candidacy for election to succeed himself or herself in office the office of such district court judge shall be vacant on the second Monday in January next following such election.
History: L. 1974, ch. 137, § 12; L. 1976, ch. 153, § 1; July 1.
(a) If a vacancy occurs in the office of judge of the district court in a judicial district, subsequent to the general election at which the nonpartisan method of selection of judges of the district court was approved and prior to the time the district judicial nominating commission for the judicial district is constituted, the departmental justice for the judicial district shall provide, where necessary, for the assignment of one or more judges pursuant to K.S.A. 20-319, to serve in the judicial district until a judge shall be appointed to fill such vacancy pursuant to K.S.A. 20-2909, 20-2910 and 20-2911, and amendments thereto.
(b) Whenever the supreme court, pursuant to statute, certifies to the chairperson of the district judicial nominating commission in a judicial district that an additional judge and an additional division of the district court are needed in such judicial district, the chairperson shall call a meeting of the nominating commission for the purpose of nominating persons for appointment to the new judgeship. Nominations and the appointment of the judge shall be made in the manner prescribed by K.S.A. 20-2909, 20-2910 and 20-2911, and amendments thereto. The term of office of any judge so appointed shall commence on July 15 next following the date of certification of the need for an additional judge.
(c) Whenever the proposition of the method of selection of judges of the district court is resubmitted to the electors of a judicial district for the purpose of rejecting the same, as provided in subsection (e)* of K.S.A. 20-2901, and amendments thereto, and a majority of the votes cast and counted on such proposition is in favor of election of judges of the district court, the district judicial nominating commission in such judicial district shall be abolished on the date the results of the final canvass of votes is certified pursuant to subsection (f)** of K.S.A. 20-2901, and amendments thereto. The rejection of nonpartisan selection of judges of the district court in a judicial district shall not affect the term of office of any person serving as judge of the district court in the judicial district at the time of the general election at which nonpartisan selection is rejected. The rejection of nonpartisan selection shall not affect the term of office of any person retained in office as judge of the district court at the election. If the electors of the judicial district also vote at the election against retaining in office any judge of the district court, the office of that judge shall become vacant on the second Monday in January next following the election, and the vacancy shall be filled in the manner provided by K.S.A. 25-312a.
History: L. 1974, ch. 137, § 13; L. 1975, ch. 183, § 3; L. 1976, ch. 145, § 105; L. 1982, ch. 130, § 18; February 25.
(a) Whenever a vacancy shall occur in the office of district magistrate judge in any judicial district which has approved the proposition of nonpartisan selection of district court judges, or whenever a vacancy will occur in such office on a specified future date, the chief justice of the supreme court shall give notice of such vacancy to the chairperson of the district judicial nominating commission of such judicial district not later than 120 days following the date the vacancy occurs or will occur. The chairperson, in consultation with members of the commission, within five days after receipt of such notice, shall set a schedule for accepting nominations and conducting interviews for the purpose of selecting a person to fill such vacancy. Any person so selected shall have the qualifications prescribed by subsection (c) of K.S.A. 20-334, and amendments thereto, and in order to obtain the best qualified person as a district magistrate judge, the commission shall not limit its consideration of potential appointees to those persons whose names have been submitted to the commission or who have expressed a willingness to serve. The commission may authorize one or more members of the commission to tender an appointment to any qualified person in order to ascertain such person's willingness to serve if appointed. Any such tender of appointment shall be subject to final action of the commission under the conditions prescribed by subsection (b) of K.S.A. 20-2907, and amendments thereto.
(b) Any appointment made pursuant to subsection (a) shall be contingent upon the acceptance of such appointment by the person so appointed and, if such person is not regularly admitted to practice law in Kansas, the appointment shall be made on a temporary basis until such person has been certified by the supreme court as qualified to hold such office, in the manner provided by K.S.A. 20-337, and amendments thereto.
History: L. 1976, ch. 146, § 20; L. 2003, ch. 99, § 15; L. 2014, ch. 82, § 21; July 1.
(a) Whenever a vacancy in the office of district magistrate judge exists at the time the appointment to fill such vacancy is made as provided in K.S.A. 20-2914, and amendments thereto, the appointment shall be effective as of the official appointment date set by the supreme court.
(b) Any person appointed to the office of district magistrate judge as provided in K.S.A. 20-2914, and amendments thereto, shall commence upon the duties of office on the date such appointment takes effect, and any such person appointed shall have all the rights, privileges, powers and jurisdiction prescribed by law for the office of district magistrate judge. Except as otherwise provided in K.S.A. 20-337, and amendments thereto, any such judge shall be eligible for retention in office in the same manner and under the same conditions prescribed by law for the retention of district judges in judicial districts which have approved the proposition of nonpartisan selection of district court judges.
History: L. 1976, ch. 146, § 21; L. 1999, ch. 159, § 4; L. 2003, ch. 99, § 16; July 1.
(a) Whenever a new judicial district is established which includes only a part of a single previously established district or all or parts of two or more previously established districts which used the same method of selecting judges for the districts, the new district shall use the same method of selecting judges for the new district. If the method of selection of judges is nonpartisan, the nominating commission for the prior district or districts shall be abolished and a nominating commission for the new district shall be established.
(b) Whenever a new judicial district is established which includes all or parts of two or more previously established districts any of which used different methods of selecting its judges, the question of the method of selection of judges shall be submitted to the qualified electors in the new judicial district in accordance with K.S.A. 20-2901, and amendments thereto. The district nominating commission for any prior district or districts which used the nonpartisan method of selecting judges shall be abolished, and, if the new judicial district adopts the nonpartisan method of selection for judges, a nominating commission shall be established for the new district.
(c) Whenever the whole or any part of one or more judicial districts is transferred to and becomes a part of another judicial district and the judges in both the district or districts from which the territory was transferred and the district to which the territory is attached have used the same method of selection of judges, the district to which the territory is attached shall continue to use that method of selecting judges for the district. If the method of selecting judges is nonpartisan, the district nominating commission for the district prior to the attachment of territory shall be abolished and a new nominating commission shall be established for the district.
(d) Whenever the whole or any part of one or more judicial districts is transferred to and becomes a part of another judicial district and any district from which territory was transferred used a method of selecting its judges which is different from the method used in any other district from which territory was transferred or the district to which the territory is attached, the question of the method of selecting judges in the district shall be submitted to the qualified electors in the judicial district in accordance with K.S.A. 20-2901, and amendments thereto. If the method of selecting judges in the district to which the territory is attached was nonpartisan, the nominating commission of the district shall be abolished. If the electors of the district adopt the nonpartisan method of selection of judges, a nominating commission shall be established for the district.
(e) If the method of selection of judges in any judicial district from which territory is detached is nonpartisan, the district nominating commission at the time of the detachment of such territory shall be abolished and a new nominating commission established for the district.
History: L. 1982, ch. 130, § 11; February 25.
(a) Only attorneys licensed to practice law in Kansas and residing in the judicial district on or before the 15th day of November preceding the election of a lawyer member of the district judicial nominating commission, and for whom the roster of attorneys licensed to practice law in Kansas contains the information enumerated in K.S.A. 2025 Supp. 25-2309(b)(1) through (5), and amendments thereto, shall be entitled to make nominations or receive and cast ballots in such elections.
(b) On or before the 20th day of November preceding the election of a lawyer member of the district judicial nominating commission, the clerk of the supreme court shall transmit a certified copy of the roster of attorneys licensed to practice law in Kansas to the secretary of state. Such certified copy shall include the information enumerated in K.S.A. 2025 Supp. 25-2309(b)(1) through (5), and amendments thereto, for each person listed on the roster and having a residential address within the judicial district as of the preceding 15th day of November. The certified copy of the roster shall be transmitted in a format prescribed by the secretary of state. Upon receipt of such certified roster, the secretary of state shall append thereto the unique voter identification number for each person listed on the roster having such a number, as contained in the centralized voter registration database described in K.S.A. 2025 Supp. 25-2304, and amendments thereto.
(c) Notwithstanding any other provision of law, the names, residential addresses, dates of birth, unique voter identification numbers and dates of licensure to practice law in Kansas of all persons listed on the certified roster of attorneys licensed to practice law in Kansas created pursuant to subsection (b), including the information as appended to the roster pursuant to subsection (b), shall be disclosed upon proper request submitted to the clerk of the supreme court or to the secretary of state pursuant to the open records act, K.S.A. 45-215 et seq., and amendments thereto.
History: L. 2016, ch. 93, § 8; July 1.
On January 10, 1977, there shall be and is hereby established a court of record which shall be known as the court of appeals. The court of appeals shall be a part of the court of justice in which the judicial power of the state is vested by section 1 of article 3 of the constitution of the state of Kansas and shall be subject to the general administrative authority of the supreme court. The court of appeals shall have such jurisdiction over appeals in civil and criminal cases and from administrative bodies and officers of the state as may be prescribed by law, and shall have such original jurisdiction as may be necessary to the complete determination of any cause on review. During the pendency of any appeal, the court of appeals, on such terms as may be just, may make an order suspending further proceedings in the court below, until the decision of the court of appeals.
History: L. 1975, ch. 178, § 1; July 1.
(a) The court of appeals shall consist of 14 judges whose positions shall be numbered one to 14.
(b) Judges of the court of appeals shall be appointed in the manner provided by K.S.A. 20-3020, and amendments thereto. Each judge of the court of appeals shall receive an annual salary in the amount prescribed by law. No judge of the court of appeals may receive additional compensation for official services performed by the judge. Each such judge shall be reimbursed for expenses incurred in the performance of such judge's official duties in the same manner and to the same extent justices of the supreme court are reimbursed for such expenses.
(c) The supreme court may assign a judge of the court of appeals to serve temporarily on the supreme court.
(d) Any additional court of appeals judge position created by this section shall be considered a position created by the supreme court and not a civil appointment to a state office pursuant to K.S.A. 46-234, and amendments thereto.
History: L. 1975, ch. 178, § 2; L. 1986, ch. 116, § 1; L. 1993, ch. 42, § 2; L. 2001, ch. 174, § 1; L. 2003, ch. 99, § 18; L. 2005, ch. 108, § 1; L. 2006, ch. 195, § 10; L. 2008, ch. 145, § 1; L. 2009, ch. 116, § 7; L. 2010, ch. 58, § 1; L. 2011, ch. 87, § 19; L. 2012, ch. 160, § 1; L. 2013, ch. 1, § 2; July 1.
History: L. 1975, ch. 178, § 3; Repealed, L. 2001, ch. 174, § 5; July 1.
History: L. 1975, ch. 178, § 4; L. 1988, ch. 111, § 1; L. 2003, ch. 99, § 17; Repealed, L. 2013, ch. 1, § 5; July 1.
History: L. 1975, ch. 178, § 5; L. 1986, ch. 116, § 2; L. 2001, ch. 174, § 2; Repealed, L. 2013, ch. 1, § 5; July 1.
(a) Not less than 60 days prior to the holding of the general election next preceding the expiration of the term of any judge of the court of appeals, the judge may file in the office of the secretary of state a declaration of candidacy for retention in office. If a declaration is not filed as provided in this section, the position held by the judge shall be vacant upon the expiration of the judge's term of office. If such declaration is filed, the judge's name shall be submitted at the next general election to the electors of the state on a separate judicial ballot, without party designation, reading substantially as follows:
"Shall (Here insert name of judge.), Judge of the Court of Appeals, be retained in office?"
(b) If a majority of those voting on the question votes against retaining the judge in office, the position which the judge holds shall be vacant upon the expiration of the judge's term of office. Otherwise, unless the judge is removed for cause, the judge shall remain in office for a term of four years from the second Monday in January following the election. At the expiration of each term, unless by law the judge is compelled to retire, the judge shall be eligible for retention in office by election in the manner prescribed in this section.
(c) If a majority of those voting on the question votes against the judge's retention, the secretary of state, following the final canvass of votes on the question, shall certify the results to the clerk of the supreme court. Any such judge who has not been retained in office pursuant to this section shall not be eligible for nomination or appointment to the office of judge of the court of appeals prior to the expiration of four years after the expiration of the judge's term of office.
(d) Election laws applicable to the general election of other state officers shall apply to elections upon the question of retention of judges of the court of appeals pursuant to this section, to the extent that they are not in conflict with and are consistent with the provisions of this section.
History: L. 1975, ch. 178, § 6; L. 1986, ch. 116, § 3; L. 2001, ch. 174, § 3; L. 2003, ch. 99, § 19; L. 2005, ch. 108, § 2; L. 2013, ch. 1, § 3; July 1.
History: L. 1975, ch. 178, § 7; Repealed, L. 2013, ch. 1, § 5; July 1.
History: L. 1975, ch. 178, § 8; Repealed, L. 2013, ch. 1, § 5; July 1.
History: L. 1975, ch. 178, § 9; Repealed, L. 2013, ch. 1, § 5; July 1.
(a) Any person appointed to the office of judge of the court of appeals to fill a vacancy or appointed by reason of the expiration of a term of office, shall serve until the second Monday in January following the next general election which occurs after one year in office and shall be eligible to be retained in office for a full term of four years as provided in K.S.A. 20-3006, and amendments thereto, for the retention of judges first appointed to the court of appeals.
(b) If a majority of the votes cast and counted at such election is in favor of retaining such judge in office, the judge shall remain in office for a regular term of four years from the second Monday in January next following such election. Thereafter, such judge shall be subject to retention in office as provided in K.S.A. 20-3006, and amendments thereto. If a majority of the votes cast and counted at such election is against retaining such judge in office, such judge's position on the court of appeals shall become vacant on the second Monday in January next following the election, and a successor shall be appointed pursuant to K.S.A. 20-3020, and amendments thereto. If such judge does not declare such judge's candidacy for election to be retained in office, such judge's position on the court of appeals shall be vacant on the second Monday in January next following such election.
History: L. 1975, ch. 178, § 10; L. 1978, ch. 117, § 1; L. 2013, ch. 1, § 4; July 1.
The court of appeals judges shall elect a judge of the court of appeals to serve as chief judge of such court. The procedure for such election shall be determined by the court of appeals. The chief judge shall exercise such administrative powers as may be prescribed by law or by rule of the supreme court. The judge of the court of appeals designated as chief judge by the supreme court on July 1, 2014, shall be allowed to serve as chief judge through January 1, 2016.
History: L. 1975, ch. 178, § 11; L. 2014, ch. 82, § 22; July 1.
For the purpose of hearing and determining cases, the judges of the court of appeals may sit together or in panels. A hearing panel shall consist of three (3) judges. For convenience in administration, each panel may be numbered, and the chief judge from time to time shall designate the number of panels and make assignments of judges among such panels. The chief judge may sit as a member of a panel and shall preside over such panel. When the chief judge is not a member of a hearing panel, he or she shall appoint a member of the panel to preside.
History: L. 1975, ch. 178, § 12; July 1.
The court of appeals shall sit and maintain its principal offices in the city of Topeka, and it shall be the duty of the secretary of administration to provide a courtroom and other suitable quarters in Topeka for the use of the court of appeals and its staff. However, any hearing panel of the court of appeals may hold court in the courthouse of any county for the purpose of hearing oral arguments in cases before such court. When a panel of the court of appeals sits in any location other than in Topeka, the chief judge of the judicial district in which the panel is sitting shall assign a courtroom to the hearing panel for its use while sitting, shall provide suitable office space for use by the members of the panel and shall provide such other personnel as may be needed by the panel.
History: L. 1975, ch. 178, § 13; L. 1978, ch. 330, § 6; L. 1999, ch. 57, § 27; July 1.
Each judge of the court of appeals may appoint a law clerk and also may appoint one (1) secretary or stenographer. The persons so appointed shall serve at the pleasure of the judge appointing them. Subject to the approval of the chief justice of the supreme court, the court of appeals may employ such other clerical personnel as may be necessary to carry out the duties and functions of the court. The compensation of all persons appointed or employed under this section shall be fixed in accordance with a pay plan adopted by the supreme court. Such pay plan shall contain a schedule of salary and wage ranges and steps designed for such purpose.
History: L. 1975, ch. 178, § 14; July 1.
(a) The clerk of the supreme court shall be clerk of the court of appeals, and it shall be his or her duty to enter of record all orders, judgments, decrees and proceedings of the court of appeals, to issue all process required by law or ordered by such court and to perform such other duties as may be required of him or her by the court of appeals or by law.
(b) The supreme court shall adopt rules prescribing the standards and procedures governing the writing and publication of the opinions of the court of appeals. The supreme court reporter shall be reporter of the court of appeals and shall publish such opinions of the court of appeals as may be required by rule of the supreme court.
(c) The state judicial administrator shall provide to the court of appeals such administrative services as may be directed by the supreme court.
History: L. 1975, ch. 178, § 15; July 1.
(a) The court of appeals, prior to final determination of any case before it, may request that such case be transferred to the supreme court for its review and final determination by certifying to the supreme court that the case is within the jurisdiction of the supreme court and that the court of appeals has made one (1) or more of the following findings with respect to such case:
(1) One or more issues in such case are not within the jurisdiction of the court of appeals;
(2) the subject matter of the case has significant public interest;
(3) the case involves legal questions of major public significance; or
(4) the caseload of the court of appeals is such that the expeditious administration of justice requires such transfer.
(b) Any certification of findings and request for transfer of a case pursuant to subsection (a) shall be made in the manner and form prescribed by rules of the supreme court. The supreme court shall consider such certification and may accept the case for review and final determination or may decline jurisdiction and order that the case be determined by the court of appeals.
History: L. 1975, ch. 178, § 16; July 1.
Within 30 days after the date the notice of appeal has been served on the appellee in any case appealed to the court of appeals, any party to such case may file a motion with the clerk of the court of appeals, requesting that such case be transferred to the supreme court for review and final determination by such court. Such motion shall be made in the manner and form prescribed by rules of the supreme court, and it shall allege the existence of one or more of the conditions described in subsection (a) of K.S.A. 20-3016, and amendments thereto. The clerk of the court of appeals promptly shall submit any motion made pursuant to this section to the supreme court. The supreme court shall consider such motion and may accept the case for review and final determination or may decline jurisdiction and order that the case be determined by the court of appeals. A party's failure to file a motion in accordance with this section shall be deemed a waiver of any objection by such party to the jurisdiction of the court of appeals.
History: L. 1975, ch. 178, § 17; L. 2011, ch. 48, § 1; July 1.
(a) Any case within the jurisdiction of the court of appeals which is erroneously docketed in the supreme court shall be transferred by the supreme court to the court of appeals. Any case within the jurisdiction of the court of appeals and in which notice of appeal to the supreme court was filed prior to January 10, 1977, may be transferred to the court of appeals by the supreme court. No case docketed either in the supreme court or the court of appeals shall be dismissed solely for the reason of having been filed in the wrong court, but shall be transferred by the supreme court to the court which the supreme court determines to have jurisdiction. Any such case shall be considered timely and properly filed in the court to which it is transferred.
(b) Any party aggrieved by a decision of the court of appeals may file a motion with such court for a rehearing, in accordance with rules of the supreme court, but such motion shall not be a condition precedent to a review of such decision by the supreme court, and any such party may petition the supreme court for review within thirty (30) days after the date of such decision. The procedures governing petitions for review shall be prescribed by rules of the supreme court, and the review of any such decision shall be at the discretion of the supreme court. While neither controlling nor fully measuring the court's discretion, the following shall be considered in determining whether review will be granted: (1) The general importance of the question presented; (2) the existence of a conflict between the decision sought to be reviewed and a prior decision of the supreme court, or of another panel of the court of appeals; (3) the need for exercising the supreme court's supervisory authority; and (4) the final or interlocutory character of the judgment, order or ruling sought to be reviewed.
(c) At any time on its own motion, the supreme court may order the court of appeals to transfer any case before the court of appeals to the supreme court for review and final determination.
History: L. 1975, ch. 178, § 18; July 1.
thth
With regard to proceedings within the jurisdiction of the court of appeals, the supreme court shall prescribe by rule procedures for filing with judges of the court of appeals residing in the eighteenth or twenty-ninth judicial districts such motions or other pleadings as the supreme court may designate and the supreme court shall prescribe rules for hearings on such pleadings. The supreme court shall designate from the membership of the court of appeals such judges as may be necessary to be present in the eighteenth and twenty-ninth judicial districts to accept and act upon such pleadings.
History: L. 1978, ch. 108, § 14; July 1.
(a) (1) On and after July 1, 2013, any vacancy occurring in the office of any judge of the court of appeals and any position to be open on the court of appeals as a result of enlargement of such court, or the retirement or failure of an incumbent to file such judge's declaration of candidacy to be retained in office as hereinafter required, or failure of a judge to be elected to be retained in office, shall be filled by appointment by the governor, with the consent of the senate, of a person possessing the qualifications of office.
(2) Whenever a vacancy occurs, will occur or position opens on the court of appeals, the clerk of the supreme court shall promptly give notice to the governor.
(3) If the governor is making an appointment to the court of appeals, the governor shall make each applicant's name and city of residence available to the public whenever the governor stops accepting applications for such appointment, but not less than 10 days prior to making such appointment.
(4) In event of the failure of the governor to make the appointment within 60 days from the date such vacancy occurred or position became open, the chief justice of the supreme court, with the consent of the senate, shall make the appointment of a person possessing the qualifications of office.
(5) If the chief justice of the supreme court is making an appointment to the court of appeals, the chief justice shall make each applicant's name and city of residence available to the public whenever the chief justice stops accepting applications for such appointment, but not less than 10 days prior to making such appointment.
(6) Whenever a vacancy in the office of judge of the court of appeals exists at the time the appointment to fill such vacancy is made pursuant to this section, the appointment shall be effective at the time it is made, but where an appointment is made pursuant to this section to fill a vacancy which will occur at a future date, such appointment shall not take effect until such date.
(b) No person appointed pursuant to subsection (a) shall assume the office of judge of the court of appeals until the senate, by an affirmative vote of the majority of all members of the senate then elected or appointed and qualified, consents to such appointment. The senate shall vote to consent to any such appointment not later than 60 days after such appointment is received by the senate. If the senate is not in session and will not be in session within the 60-day time limitation, the senate shall vote to consent to any such appointment not later than 20 days after the senate begins its next session. In the event a majority of the senate does not vote to consent to the appointment, the governor, within 60 days after the senate vote on the previous appointee, shall appoint another person possessing the qualifications of office and such subsequent appointment shall be considered by the senate in the same procedure as provided in this section. The same appointment and consent procedure shall be followed until a valid appointment has been made. No person who has been previously appointed but did not receive the consent of the senate shall be appointed again for the same vacancy. If the senate fails to vote on an appointment within the time limitation imposed by this subsection, the senate shall be deemed to have given consent to such appointment.
(c) Persons who are appointed as judges of the court of appeals pursuant to K.S.A. 20-3005, prior to its repeal, and this section, shall commence the duties of office upon appointment and consent, and each judge shall have all the rights, privileges, powers and duties prescribed by law for the office of judge of the court of appeals.
(d) Judges of the court of appeals shall possess the qualifications prescribed by law for justices of the supreme court.
History: L. 2013, ch. 1, § 1; L. 2016, ch. 93, § 12; July 1.
(a) (1) On and after July 1, 2014, any party filing an appeal with the court of appeals shall pay a fee in the amount of $145 to the clerk of the supreme court.
(2) On and after July 1, 2014, any party filing an appeal with the supreme court shall pay a fee in the amount of $145 to the clerk of the supreme court.
(b) A poverty affidavit may be filed in lieu of a fee as established in K.S.A. 60-2001, and amendments thereto.
(c) The fee shall be the only costs assessed in each case to services of the clerk of the supreme court. The clerk of the supreme court shall remit all revenues received from this section to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, for deposit in the state treasury. The fee shall be disbursed in accordance with K.S.A. 20-362, and amendments thereto.
(d) Except as provided further, the fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $10 per fee, to fund the costs of non-judicial personnel.
(e) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying such fee.
History: L. 2014, ch. 82, § 3; L. 2015, ch. 81, § 8; L. 2017, ch. 80, § 4; L. 2019, ch. 58, § 4; July 1.
History: G.S. 1868, ch. 25, § 147; L. 1897, ch. 96, § 3; R.S. 1923, 19-1301; L. 1965, ch. 160, § 6; Repealed, L. 1976, ch. 145, § 246; January 10, 1977.
The clerks of the district courts shall do and perform all duties that may be required of them by law or the rules and practice of the courts, and shall safely keep and preserve all papers, process, pleadings and awards that may be filed, or by law placed in their respective offices.
History: G.S. 1868, ch. 25, § 148; October 31; R.S. 1923, 19-1302.
History: G.S. 1868, ch. 25, § 149; R.S. 1923, 19-1303; L. 1967, ch. 136, § 1; Repealed, L. 1978, ch. 112, § 5; July 1.
Every such deputy clerk shall, before entering upon the duties of his office, take the oath of office hereinbefore provided.
History: G.S. 1868, ch. 25, § 150; October 31; R.S. 1923, 19-1304.
The clerks of the district courts shall have authority to administer oaths and affirmations in all cases in which an oath or affirmation may be required, and may take acknowledgments of deeds, mortgages, and other instruments of writing, in this state.
History: G.S. 1868, ch. 25, § 151; October 31; R.S. 1923, 19-1305.
History: G.S. 1868, ch. 25, § 152; R.S. 1923, 19-1306; L. 1963, ch. 160, § 5; Repealed, L. 1978, ch. 112, § 5; July 1.
The clerk, or a deputy clerk, of the district court of Montgomery county shall maintain an office at the city of Independence and at the city of Coffeyville, in Montgomery county, Kansas. All actions commenced in the court shall be entitled in the court "sitting at Independence" or "sitting at Coffeyville," as the case may be, and all actions shall be filed, process issued from and be returned to and trial had in the court sitting at the place designated in the title, except as otherwise provided by law. Any action pending in the district court sitting at either city may be assigned or transferred for hearing or trial to the court sitting at the other city, either by order of the district court of Montgomery county or the judge of that court or by stipulation of the parties.
History: L. 1927, ch. 183, § 2; L. 1984, ch. 147, § 2; July 1.
The board of county commissioners of Montgomery county, Kansas, shall make all necessary provisions for holding, conducting and maintaining said court in said cities in said county: Provided, That the city of Coffeyville shall place at the disposal of the county commissioners rooms in which to hold said court sitting at Coffeyville without cost to the county.
History: L. 1927, ch. 183, § 4; June 1.
The clerk, or a deputy clerk, of the district court of Neosho county, Kansas shall maintain an office at the city of Erie and at the city of Chanute in Neosho county. All actions commenced in the court shall be entitled in the court "sitting at Erie" or "sitting at Chanute" as the case may be, and all actions shall be filed, process issued from and be returned to and trial had in the court sitting at the place designated in the title, except as otherwise provided by law. Any action pending in the district court sitting at either city may be assigned or transferred for hearing or trial to the court sitting at the other city, either by order of the district court of Neosho county or the judge of that court or by stipulation of the parties.
History: L. 1955, ch. 183, § 2; L. 1984, ch. 147, § 3; July 1.
The board of county commissioners of Neosho county, Kansas, shall make all necessary provisions for holding, conducting and maintaining said court in said cities in said county: Provided, That the city of Chanute shall place at the disposal of the county commissioners rooms in which to hold said court sitting at Chanute without cost to the county.
History: L. 1955, ch. 183, § 4; April 9.
History: L. 1915, ch. 193, § 1; R.S. 1923, 19-1307; L. 1949, ch. 199, § 1; L. 1968, ch. 350, § 1; L. 1982, ch. 116, § 2; Repealed, L. 2007, ch. 190, § 19; July 1.
History: L. 1919, ch. 178, § 1; L. 1920, ch. 32, § 1; R.S. 1923, 19-1308; L. 1925, ch. 133, § 1; L. 1938, ch. 40, § 1; L. 1943, ch. 136, § 1; L. 1945, ch. 164, § 1; L. 1951, ch. 221, § 1; L. 1953, ch. 145, § 1; L. 1957, ch. 163, § 1; L. 1961, ch. 132, § 1; L. 1963, ch. 167, § 1; L. 1974, ch. 117, § 1; L. 1994, ch. 211, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1919, ch. 178, § 2; R.S. 1923, 19-1309; L. 1927, ch. 156, § 1; L. 1929, ch. 145, § 1; L. 1938, ch. 40, § 2; L. 1941, ch. 190, § 1; L. 1947, ch. 193, § 1; L. 1951, ch. 221, § 2; L. 1953, ch. 146, § 1; L. 1957, ch. 247, § 15; L. 1961, ch. 133, § 1; L. 1963, ch. 167, § 2; L. 1965, ch. 159, § 20; L. 1968, ch. 50, § 1; L. 1969, ch. 204, § 2; L. 1973, ch. 109, § 1; L. 1974, ch. 117, § 2; L. 1976, ch. 125, § 2; L. 1976, ch. 151, § 2; L. 1977, ch. 90, § 1; L. 1982, ch. 182, § 119; L. 1984, ch. 147, § 4; L. 1986, ch. 102, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1927, ch. 156, § 2; L. 1957, ch. 163, § 2; L. 1976, ch. 145, § 63; L. 1977, ch. 105, § 6; L. 1982, ch. 182, § 120; Repealed, L. 1984, ch. 147, § 24; July 1.
History: L. 1951, ch. 221, § 3; L. 1957, ch. 163, § 3; L. 1963, ch. 167, § 3; L. 1976, ch. 145, § 64; L. 1977, ch. 105, § 7; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1957, ch. 163, § 4; L. 1963, ch. 167, § 4; L. 1976, ch. 145, § 65; Repealed, L. 1984, ch. 147, § 24; July 1.
History: L. 1919, ch. 178, § 3; R.S. 1923, 19-1310; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1939, ch. 163, § 1; L. 1955, ch. 150, § 1; Repealed, L. 1967, ch. 138, § 1; July 1.
History: L. 1939, ch. 163, §§ 2, 3; Repealed, L. 1967, ch. 138, § 1; July 1.
History: L. 1957, ch. 194, § 1; L. 1959, ch. 130, § 1; L. 1961, ch. 134, § 1; L. 1963, ch. 168, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1957, ch. 194, § 2; L. 1976, ch. 125, § 3; L. 1976, ch. 151, § 3; L. 1987, ch. 101, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1957, ch. 194, § 3; L. 1994, ch. 211, § 3; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1957, ch. 194, § 4; L. 1976, ch. 145, § 67; Repealed, L. 1995, ch. 163, § 7; July 1.
History: L. 1957, ch. 194, § 5; L. 1963, ch. 168, § 2; Repealed, L. 1995, ch. 163, § 7; July 1.
(a) Any county of this state may establish a county law library, under the provisions of and subject to the qualifications of this act. Any law library in existence on the effective date of this act which was established under previously existing statutes or previous versions of this statute shall be governed by this statute, and amendments thereto, on and after the effective date of this act.
(b) No county law library shall be established under the provisions of this act until a majority of the attorneys required to register in such county and admitted to practice before the bar in Kansas elect to do so, except that, where a county law library has already been established pursuant to other statutory provisions, such library shall come under the provisions of this act.
(c) All attorneys required to register in such county shall register annually with the clerk of the district court in a register kept for that purpose. The clerk shall enter the name, place of residence, employment, location of office and firm connection, if any, of each such attorney. All such attorneys shall register within 30 days after an election has been made to provide for a county law library, and on or before January 15 of each year thereafter. All attorneys required to register, except those employed solely as public defenders by the state board of indigents' defense services, shall pay to the clerk at the time of registering an annual registration fee of not less than $10 nor more than $75, as determined by the trustees of the law library, except that in Sedgwick and Johnson counties, each attorney shall pay to such clerk at the time of registering an annual registration fee of not less than $25 nor more than $125, as determined by the trustees of the law library. Public defenders are exempt from the registration fee during their employment with the state board of indigents' defense services. A registration fee in excess of the amount prescribed in this subsection annually may be fixed by a majority of the attorneys registered under the provisions of this act. A schedule of current registration fees shall be filed with the clerk of the district court.
(d) Whenever a law library has been established in any county, the clerk of the district court, or the clerk of any inferior court within such county, shall not file in the clerk's office in any matter or action, any pleading or other papers signed by an attorney required to register under this act who has not so registered and paid to the clerk of the district court the required registration fee.
(e) For the purposes of this section, an attorney shall be required to be registered in the county: (1) Where the attorney's principal office is located, if such attorney is a resident of Kansas or a resident of another state; or (2) where the attorney resides, if such attorney's principal office is located in another state. The principal office shall be the principal office of the attorney and not the principal office of such attorney's firm.
History: L. 1967, ch. 137, § 1; L. 1968, ch. 306, § 1; L. 1987, ch. 101, § 2; L. 1994, ch. 211, § 2; L. 1995, ch. 163, § 2; L. 2002, ch. 68, § 2; July 1.
(a) Except as provided further, all fees collected pursuant to K.S.A. 20-3126, and amendments thereto, shall be used to establish and maintain the county law library. A board of trustees, appointed as provided in this section, shall have the management and control of such library and shall use the fees paid for registration, and all other sums, books, or library materials or equipment donated or provided by law, for the purpose of establishing and maintaining such library. Such library shall be established or maintained in the county courthouse or other suitable place to be provided and maintained by the county commissioners of such county, including acquiring and maintaining materials and technology that may, at the discretion of the board of trustees, be loaned to library users for use outside the premises of the library. The district judge or district judges of the district court, members of the bar who have registered and paid the fee provided for in K.S.A. 20-3126, and amendments thereto, judges of all other courts in the county and county officials shall have the right to use the library in accordance with the rules and regulations established by the board of trustees. The board of trustees shall develop guidelines to provide members of the public reasonable access to the law library.
(b) (1) The board of trustees of any law library established or governed under this act in Johnson, Sedgwick and Douglas counties shall consist of the following five members:
(A) Two judges of the district court, appointed by a consensus of all judges of the district court in such county; and
(B) three members of such county's bar association, appointed by selection of the county bar association pursuant to the county bar association's bylaws for two-year terms.
(2) The board of trustees of the law library in all other counties shall consist of the district judge or judges of the district court presiding in such county and not fewer than two attorneys who reside in such county, appointed by the chief judge of the judicial district.
(c) The clerk of the district court of the county shall be treasurer of the library and shall safely keep the funds of such library and disburse them as the trustees shall direct. The clerk shall be liable on an official bond for any failure, refusal or neglect in performing such duties.
(d) The board of county commissioners of any county designated an urban area pursuant to K.S.A. 19-2654, and amendments thereto, in which an election has been held to come under the provisions of this act is hereby authorized to appoint, by and with the advice and consent of the board of trustees of the law library of such county, a librarian and library assistants as are necessary to perform the duties of administering the law library. Such librarian shall act as custodian of the law library of such county and shall assist in the performance of the clerk's duties as treasurer of the library. The librarian and any assistants so appointed shall be employees of the county under the supervision of the board of county commissioners, or the board's designated official, with the advice and recommendations of the board of trustees of the law library, and shall be subject to the personnel policies and procedures established by the board of county commissioners for all employees of the county. The librarian and any assistants shall receive as compensation such salaries and benefits as established by the law library board of trustees, subject to the approval of the board of county commissioners. Such salaries and benefits shall be payable from the general fund of the county, through the county payroll process, from funds budgeted and made available by the law library board of trustees for that purpose through the collection of fees or other funds authorized by this act.
(e) All attorneys registered under this act shall not be liable to pay any occupational tax or city license fees levied under the laws of this state by any municipality.
(f) (1) Except as provided by subsection (f)(2), the board of trustees of a county law library established pursuant to this section may authorize the chief judge of the judicial district to use fees collected pursuant to K.S.A. 20-3126 and 20-3129, and amendments thereto, for the purpose of facilitating and enhancing functions of the district court of the county. No judge shall participate in any decision made by the board of trustees of a county law library pursuant to this paragraph to authorize the chief judge of the judicial district to use fees collected pursuant to K.S.A. 20-3126 and 20-3129, and amendments thereto.
(2) The provisions of subsection (f)(1) shall not apply to the board of trustees of any law library established in Johnson and Sedgwick counties.
History: L. 1967, ch. 137, § 2; L. 1968, ch. 306, § 2; L. 1974, ch. 118, § 1; L. 1975, ch. 159, § 1; L. 1976, ch. 125, § 1; L. 1976, ch. 151, § 1; L. 1992, ch. 232, § 2; L. 1995, ch. 163, § 3; L. 2007, ch. 189, § 2; L. 2015, ch. 53, § 2; L. 2022, ch. 79, § 2; L. 2025, ch. 121, § 1; July 1.
The trustees of any county law library may release the board of county commissioners from the duty to maintain the library in the county courthouse or at some other suitable place, and may establish and maintain the library in some suitable place not provided by the board of county commissioners in which event the board of county commissioners shall pay to the board of trustees from its general fund an amount not to exceed $5,000 annually to be applied to the cost of maintaining and operating the library as the board of trustees in its discretion may determine to be proper. The trustees shall have the power to rescind the action at any time, in which case it shall become the duty of the county commissioners to establish the library in the courthouse or any other suitable place provided and maintained by the county. If the board of trustees elects to establish and maintain the library at some other place other than the county courthouse, or at some other suitable place not selected by the board of county commissioners, the board of trustees may also release the board of county commissioners from the duty to appoint a librarian and assistants for the library.
History: L. 1967, ch. 137, § 3; L. 1995, ch. 163, § 4; July 1.
(a) Subject to the limitations contained in this section, the clerks of the district courts shall tax a library fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each county. Such library fee shall be not less than $2 nor more than $10 in all cases commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in all felony criminal cases and shall be not less than $.50 nor more than $7 in all other cases.
(b) The clerks of the district courts in Sedgwick county and Johnson county may tax an additional fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each such county. Such additional library fee shall not be more than $4 in all cases.
(c) The trustee of the law library in each county may increase law library fees under this section once per calendar year as of July 1. Changed law library fees shall be effective as of that date and when filed with the clerk of the supreme court. The trustees of the law library in each county shall file with the respective clerks the fees to be charged in that court.
(d) The fees provided for by subsection (a) shall be deducted from the docket fee. The fees provided for by subsection (b) shall be in addition to the docket fees established by law.
(e) In criminal cases where the case is dismissed by the state, the county shall be liable for the library fee. Where appeals from conviction in the municipal court are dismissed for want of prosecution, or by the defendant, the state or city shall collect the library fee. Upon failure of the state or city to do so within 90 days after the dismissal, the county from which the appeal is taken shall be liable therefor.
(f) The additional library fee under subsection (b) shall be considered a docket fee for purposes of K.S.A. 60-2001 et seq., and amendments thereto.
History: L. 1967, ch. 137, § 4; L. 1976, ch. 145, § 69; L. 1981, ch. 117, § 1; L. 1984, ch. 147, § 5; L. 1987, ch. 101, § 3; L. 1989, ch. 84, § 1; L. 1991, ch. 84, § 1; L. 1992, ch. 232, § 1; L. 1995, ch. 163, § 5; L. 1996, ch. 234, § 9; L. 2007, ch. 189, § 1; July 1.
The trustees may invest any idle funds in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein. The trustees may also direct that any funds collected may be used for any purpose consistent with the establishment and maintenance of a law library.
History: L. 1967, ch. 137, § 5; L. 1977, ch. 54, § 25; July 1.
Upon the election of a majority of the attorneys in any county, a branch of said library shall be established and maintained in a suitable place to be provided and maintained by the board of county commissioners. The provisions of this section shall be subject to all other provisions of this act.
History: L. 1967, ch. 137, § 6; April 22.
Upon the election of a majority of the attorneys in any county, with the mutual consent of a majority from any other county or counties, a joint law library may be established and maintained in any suitable place or places determined by a majority of said attorneys from each county so joining, and the boards of county commissioners of said counties shall provide and maintain a suitable place or places and such boards shall share equally in any expense. The provisions of this section shall be subject to all other provisions of this act, and shall be applied upon such terms and under such conditions as the trustees so elected may agree.
The trustees so elected shall determine which clerk of the district court shall act as treasurer.
No provisions of this act shall be construed to place the operation of any county law library established and maintained hereunder or under other enabling acts subject to any cash basis law of this state.
History: L. 1967, ch. 137, § 7; April 22.
It shall be unlawful for clerks of the district court or any of their deputies to write any petition or answer or other pleadings in any proceedings, or perform any service as an attorney or counselor at law in any case or cases pending in the court in which they are either clerk or deputy, or be interested in any profits or emoluments arising out of any practice in the courts of which they are either clerk or deputy, except costs.
History: L. 1975, ch. 195, § 1; July 1.
Revisor's Note: Section was also amended by L. 2009, ch. 82, § 1, but that version was repealed by L. 2009, ch. 143, § 37.
History: L. 2006, ch. 195, § 1; L. 2009, ch. 143, § 9; Expired, June 30, 2013.
History: L. 2006, ch. 195, § 2; L. 2008, ch. 145, § 2; L. 2009, ch. 116, § 8; Expired, June 30, 2013.
History: L. 2006, ch. 195, § 3; Expired, June 30, 2013.
History: L. 2006, ch. 195, § 4; L. 2008, ch. 145, § 3; Expired, June 30, 2013.
History: L. 2006, ch. 195, § 5; L. 2008, ch. 145, § 4; L. 2009, ch. 116, § 9; Expired, June 30, 2013.
History: L. 2006, ch. 195, § 6; L. 2008, ch. 145, § 5; Expired, June 30, 2013.
History: L. 2006, ch. 195, § 7; L. 2009, ch. 116, § 10; L. 2011, ch. 30, § 112; Expired, June 30, 2013.
On and after July 1, 2007, a retired justice of the supreme court, retired judge of the court of appeals or retired judge of the district court who retired pursuant to the retirement system for judges as provided pursuant to the provisions of K.S.A. 20-2601 et seq., and amendments thereto, may enter into a written agreement as provided in this section to perform services for the commission on judicial performance while receiving service retirement benefits pursuant to the provisions of the retirement system for judges. Such retired justice or judge shall enter into a written agreement with the judicial council, established pursuant to the provisions of K.S.A. 20-2201, and amendments thereto, to perform duties assigned by the judicial council to assist the commission in the judicial performance evaluation process prescribed pursuant to the provisions of K.S.A. 20-3201 et seq., and amendments thereto. Such retired justice or judge shall be available to perform assigned duties for not more than 104 days or 40% of each year. Notwithstanding the provisions of law in effect on the retirement date of a retired justice or judge, such justice or judge shall receive a stipend, payable monthly, equal to 25% of the monthly salary of such retired justice or judge at the time of retirement of such retired justice or judge. Such agreement shall be for a period of not more than two years. A retired justice or judge may enter into subsequent agreements. The judicial council is hereby authorized and may pay on behalf of such retired justice or judge the amount specified by the Kansas state employees health care commission under the provisions of K.S.A. 75-6508, and amendments thereto, as if the retired justice or judge is serving as a full-time employee of the judicial council and participating in the state health care benefits program to provide for such participation of the retired justice or judge. Any retired justice or judge entering into a written agreement with the judicial council to be available to perform assigned duties pursuant to this section for less than 104 days or 40% of each year for a proportionally reduced stipend shall be considered as if the retired justice or judge is serving under a part-time appointment as an employee of the judicial council and participating in the state health care benefits program to provide for such participation of the retired justice or judge, and the judicial council may pay on behalf of the retired justice or judge the amount specified by the Kansas state employees health care commission under the provisions of K.S.A. 75-6508, and amendments thereto. The monthly stipend provided by this act shall not be counted toward the annual limitation on compensation provided in K.S.A. 20-2616, and amendments thereto. A retired justice or judge who has fulfilled the requirements of an agreement entered into pursuant to this section may accept judicial assignments and be compensated in accordance with the provisions of K.S.A. 20-310b, 20-2616 and 20-2622, and amendments thereto. If an assignment given to a retired justice or judge pursuant to the provisions of this section will require the retired justice or judge to exceed the service limit provided in this section, the retired justice or judge shall be compensated in accordance with the provisions of K.S.A. 20-2616, and amendments thereto.
History: L. 2007, ch. 24, § 1; July 1.
(a) (1) A district court shall enter and file its decision on motions and non-jury trials within 120 days after the matter is submitted for decision.
(2) If the district court does not enter and file its decision on a submitted matter within 120 days of submission, all counsel shall, within 130 days after the matter is submitted for decision, file with the court a joint request that such decision be entered without further delay. A copy of such request shall be sent to the chief judge of the judicial district and made available to the public.
(3) Within 30 days after the filing of a joint request, the district court shall enter its decision or advise the parties in writing of the date by which the decision will be entered. A copy of such written advice shall be filed in the case, sent to the chief judge of the judicial district and made available to the public.
(4) In the event the district court fails to enter its decision or to advise the parties of an intended decision date as required by subsection (a)(3), all counsel shall then file a joint request with the chief judge of the judicial district to establish an intended decision date. A copy of such request shall be filed in the case and made available to the public.
(5) Upon receipt of a request under subsection (a)(4), the chief judge of the judicial district shall, after consultation with the judge to whom the matter is assigned, establish a firm intended decision date by which the district court's decision shall be made. Such setting of a final intended decision date shall be in writing, filed in the case, served on the parties and made available to the public.
(b) (1) The court of appeals shall render and file its decision on motions and appeals within 180 days after the matter is submitted for decision.
(2) If the court of appeals does not enter and file its decision on a submitted matter within 180 days of submission, all counsel shall, within 190 days after the matter is submitted for decision, file with the court a joint request that such decision be entered without further delay. A copy of such request shall be sent to the chief judge of the court of appeals and made available to the public.
(3) Within 30 days after the filing of a joint request, the court of appeals shall enter its decision or advise the parties in writing of the date by which the decision will be entered. A copy of such written advice shall be filed in the case, sent to the chief judge of the court of appeals and made available to the public.
(4) In the event the court of appeals fails to enter its decision or to advise the parties of an intended decision date as required by subsection (b)(3), all counsel shall then file a joint request with the chief judge of the court of appeals to establish an intended decision date. A copy of such request shall be filed in the case and made available to the public.
(5) Upon receipt of a request under subsection (b)(4), the chief judge of the court of appeals shall, after consultation with the judge or judges to whom the matter is assigned, establish a firm intended decision date by which the court's decision shall be made. Such setting of a final intended decision date shall be in writing, filed in the case, served on the parties and made available to the public.
(c) (1) The supreme court shall render and file its decision on motions and appeals within 180 days after the matter is submitted for decision.
(2) If the supreme court does not enter and file its decision on a submitted matter within 180 days of submission, all counsel shall, within 190 days after the matter is submitted for decision, file with the court a joint request that such decision be entered without further delay. A copy of such request shall be sent to the chief justice and made available to the public.
(3) Within 30 days after the filing of a joint request, the supreme court shall enter its decision or advise the parties in writing of the date by which the decision will be entered. A copy of such written advice shall be filed in the case, sent to the chief justice and made available to the public.
(4) In the event the supreme court fails to enter its decision or to advise the parties of an intended decision date as required by subsection (c)(3), all counsel shall then file a joint request with the chief justice to establish an intended decision date. A copy of such request shall be filed in the case and made available to the public.
(5) Upon receipt of a request under subsection (c)(4), the chief justice shall, after consultation with the justice or justices to whom the matter is assigned, establish a firm intended decision date by which the court's decision shall be made. Such setting of a final intended decision date shall be in writing, filed in the case, served on the parties and made available to the public.
(d) For the purposes of this section:
(1) A motion shall be deemed submitted for decision on the date the: (A) Court announces on the record in open court, at the conclusion of the hearing thereon, that the matter is submitted for decision; or (B) last memorandum or other document is permitted to be filed. If no oral argument is conducted on the motion, a motion shall be deemed submitted for decision as of the date the last memorandum or other document is permitted to be filed.
(2) A non-jury trial shall be deemed submitted for decision on the date the: (A) District court announces on the record in open court, at the conclusion of the trial, that the matter is submitted for decision; or (B) last memorandum or other document is permitted to be filed.
(3) An appeal shall be deemed submitted for decision on the date the: (A) Court announces on the record in open court, at the conclusion of oral argument, that the matter is submitted for decision; or (B) last memorandum or other document is permitted to be filed. If no oral argument is conducted, an appeal shall be deemed submitted for decision as of the date the case is considered on a non-argued calendar.
History: L. 2014, ch. 125, § 4; July 1.
Connect Omnilex to search the legal corpus from your AI assistant.