Session of 1998
SENATE BILL No. 577
By Committee on Judiciary
2-3
9
AN ACT concerning district courts; relating to
additional district magis-
10 trate positions;
amending K.S.A. 20-355 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
20-355 is hereby amended to read as follows: 20-
15 355. (a) On or before April 15 of every
even-numbered year, the supreme
16 court shall examine the need for more or
less divisions or district mag-
17 istrate judge positions of the
district court in each judicial district which
18 has not approved the proposition of
nonpartisan selection of district
19 judges of the district court, as
provided in K.S.A. 20-2901, and amend-
20 ments thereto, and.
On or before May 15 of each year, the supreme court
21 shall examine the need for more or less
divisions or positions of the district
22 court in judicial districts which have
approved such proposition. When-
23 ever the supreme court shall determine that
in order to effectively ex-
24 pedite the business of the district court
in any judicial district in this state,
25 the need exists for an additional
district judge of the district court and
an
26 additional division of
or position in such court, the supreme court shall
27 so certify to the secretary of state, and
where the need for such additional
28 district judge of the
district court and division or position is in a
judicial
29 district in which such proposition of
nonpartisan selection of district court
30 judges of the district court has
been approved, such certification also shall
31 be made to the chairperson of the district
judicial nominating commission
32 of such judicial district. Any additional
division or position so certified
33 shall be designated as the next numbered
division or position of such
34 court.
35 (b) Upon certification
of an additional district judge of the
district
36 court and an additional division
or position of the district court in any
37 judicial district which has not approved
the proposition of nonpartisan
38 selection of district
judges of the district court, the first
district judge of
39 the district court of such new
division or position shall be elected at the
40 general election held in November of the
year in which the division or
41 position is determined to be
necessary and such judge shall take office
42 on the second Monday in January of the
following year. No judge of any
43 such new division shall be appointed
pending the first election to fill such
SB 577
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1 office, except that the judge for
any division or position created in 1998
2 shall be selected in accordance
with the provisions for filling a vacancy
3 as set forth in K.S.A. 25-312a and
amendments thereto.
4 (c) Upon
certification of an additional district judge
of the district
5 court and an additional
division or position of the district court in any
6 judicial district which has approved
the proposition of nonpartisan selec-
7 tion of district
judges of the district court, the additional division or
po-
8 sition shall be created on
July 15 of the year in which such certification
9 is made, and the additional
district judge of the district court shall
be
10 selected and take office in the manner
prescribed by subsection (b) of
11 K.S.A. 20-2913, and amendments thereto.
12 (d) The supreme court
shall determine the county or judicial district
13 in which the newly created division or
position shall be placed.
14 (e) Any
additional district judge or district magistrate judge
position
15 created by this section shall be considered
a position created by the su-
16 preme court and not a civil appointment to
a state office pursuant to
17 K.S.A. 46-234, and amendments thereto.
18 Sec. 2. K.S.A.
20-355 is hereby repealed.
19 Sec. 3. This act
shall take effect and be in force from and after its
20 publication in the statute book.
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