Session of 2000
HOUSE BILL No. 2601 By Special Committee on Judiciary 1-4

9 AN ACT concerning courts; relating to court of appeals; amending K.S.A.
10 20-3002, 20-3005 and 20-3006 and repealing the existing sections; also
11 repealing K.S.A. 20-3003.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 20-3002 is hereby amended to read as follows: 20-
15 3002. (a) The court of appeals shall consist of 10 14 judges whose positions
16 shall be numbered one to 10 14. Judges of the court of appeals shall
17 possess the qualifications prescribed by law for justices of the supreme
18 court.
19 (b) Judges of the court of appeals shall be selected in the manner
20 provided by K.S.A. 20-3003 through 20-3010, and amendments thereto.
21 Each judge of the court of appeals shall receive an annual salary in the
22 amount prescribed by law. No judge of the court of appeals may receive
23 additional compensation for official services performed by the judge.
24 Each such judge shall be reimbursed for expenses incurred in the per-
25 formance of such judge's official duties in the same manner and to the
26 same extent justices of the supreme court are reimbursed for such
27 expenses.
28 (c) The supreme court may assign a judge of the court of appeals to
29 serve temporarily on the supreme court.
30 Sec. 2. K.S.A. 20-3005 is hereby amended to read as follows: 20-
31 3005. ~~On July 1, 1987,~~ The clerk of the supreme court shall notify the
32 chairperson of the supreme court nominating commission of the number
33 of vacant positions on the court of appeals to be filled by appointment.
34 Upon receipt of such notice, the chairperson shall ~~cause the~~ call a meeting
35 of the commission ~~to meet~~ and submit to the governor a panel of three
36 nominees for the lowest numbered position on the court of appeals for
37 which an appointment is to be made. The governor shall appoint one of
38 such nominees to the position on the court of appeals for which the
39 nominee was nominated within 60 days from the time the panel of nom-
40 inations for such position is submitted to the governor. If the governor
41 fails to make the appointment within such time, the chief justice of the
42 supreme court shall make such appointment from among the persons so
43 nominated as provided in this section. When the appointment has been

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1 made and the person has informed the clerk of the supreme court in
2 writing of the person's acceptance of such appointment, the clerk of the
3 supreme court shall so notify the chairperson of the supreme court nom-
4 inating commission who again shall ~~cause the~~ call a meeting of the com-
5 mission ~~to meet~~ and submit to the governor another panel of three nom-
6 inees for the lowest numbered position remaining on the court of appeals
7 for which no appointment has been made. The process of nomination
8 and appointment provided ~~herein~~ in this section shall be repeated until
9 nominations and appointments have been made for all positions on the
10 court of appeals for which appointments are to be made. Each appoint-
11 ment to the court of appeals shall be made from a separate panel of
12 nominees, and the appointment to each position shall be made and ac-
13 cepted before any other panel of nominees is submitted to the governor.
14 The nomination of a person on an earlier panel shall not preclude the
15 person's nomination on a subsequent panel.
16 Sec. 3. K.S.A. 20-3006 is hereby amended to read as follows: 20-
17 3006. (a) Persons who are appointed as judges of the court of appeals
18 pursuant to K.S.A. 20-3005 and amendments thereto shall commence the
19 duties of ~~their~~ office upon appointment, and each ~~such~~ judge shall have
20 all the rights, privileges, powers and duties prescribed by law for the office
21 of judge of the court of appeals. The initial terms of office for persons
22 serving as judges of the court of appeals in positions ~~eight, nine and 10~~
23 11, 12, 13 and 14 shall expire January ~~14, 1991~~ 12, 2004.
24 (b) (1) Not less than 60 days prior to the holding of the general elec-
25 tion next preceding the expiration of the term of any judge of the court
26 of appeals, the judge may file in the office of the secretary of state a
27 declaration of candidacy for retention in office. If a declaration is not so
28 filed as provided in this section, the position held by the judge shall be
29 vacant upon the expiration of the judge's term of office. If such declara-
30 tion is filed, the judge's name shall be submitted at the next general
31 election to the electors of the state on a separate judicial ballot, without
32 party designation, reading substantially as follows:
33 "Shall

(Here insert name of judge.), Judge of the
34 Court of Appeals, be retained in office?"
35 (2) If a majority of those voting on the question ~~shall vote~~ votes
36 against retaining the judge in office, the position which the judge holds
37 shall be vacant upon the expiration of the judge's term of office. Other-
38 wise, unless the judge is removed for cause, the judge shall remain in
39 office for a term of four years from the second Monday in January fol-
40 lowing the election. At the expiration of each term, unless by law the
41 judge is compelled to retire, the judge shall be eligible for retention in
42 office by election in the manner prescribed in this section.
43 (3) If a majority of those voting on the question ~~shall vote~~ votes

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1 against the judge's retention, the secretary of state, following the final
2 canvass of votes on the question, shall certify the results to the clerk of
3 the supreme court. Any such judge who has not been retained in office
4 pursuant to this section shall not be eligible for nomination or appoint-
5 ment to the office of judge of the court of appeals prior to the expiration
6 of four years after the expiration of the judge's term of office.
7 (4) Election laws applicable to the general election of other state of-
8 ficers shall apply to elections upon the question of retention of judges of
9 the court of appeals pursuant to this section, to the extent that they are
10 not in conflict with and are consistent with the provisions of this act.
11 Sec. 4. K.S.A. 20-3002, 20-3003, 20-3005 and 20-3006 are hereby
12 repealed.
13 Sec. 5. This act shall take effect and be in force from and after its
14 publication in the statute book.