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Session of 2000
          HOUSE BILL No. 3051           By Committee on Appropriations           3-30          

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10             AN  ACT concerning courts; relating to court of appeals; amending K.S.A.
11             20-3002, 20-3005 and 20-3006 and repealing the existing sections; also
12             repealing K.S.A. 20-3003.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 20-3002 is hereby amended to read as follows: 20-
16       3002. (a) On and after July 1, 2000, through June 30, 2001, the court of
17       appeals shall consist of 10 11 judges whose positions shall be numbered
18       one to 10 11. On and after July 1, 2001, through June 30, 2002, the court
19       of appeals shall consist of 12 judges whose positions shall be numbered
20       one to 12. On and after July 1, 2002, through June 30, 2003, the court of
21       appeals shall consist of 13 judges whose positions shall be numbered one
22       to 13. On and after July 1, 2003, the court of appeals shall consist of 14
23       judges whose positions shall be numbered one to 14. Judges of the court
24       of appeals shall possess the qualifications prescribed by law for justices
25       of the supreme court.
26             (b) Judges of the court of appeals shall be selected in the manner
27       provided by K.S.A. 20-3003 through 20-3010, and amendments thereto.
28       Each judge of the court of appeals shall receive an annual salary in the
29       amount prescribed by law. No judge of the court of appeals may receive
30       additional compensation for official services performed by the judge.
31       Each such judge shall be reimbursed for expenses incurred in the per-
32       formance of such judge's official duties in the same manner and to the
33       same extent justices of the supreme court are reimbursed for such
34       expenses.
35             (c) The supreme court may assign a judge of the court of appeals to
36       serve temporarily on the supreme court.
37             Sec.  2. K.S.A. 20-3005 is hereby amended to read as follows: 20-
38       3005. On the respective July 1, 1987, pursuant to subsection (a) of K.S.A.
39       20-3002, and amendments thereto, the clerk of the supreme court shall
40       notify the chairperson of the supreme court nominating commission of
41       the number of vacant positions on the court of appeals to be filled by
42       appointment. Upon receipt of such notice, the chairperson shall cause
43       the call a meeting of the commission to meet and submit to the governor
44       a panel of three nominees for the lowest numbered position on the court

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  1       of appeals for which an appointment is to be made. The governor shall
  2       appoint one of such nominees to the position on the court of appeals for
  3       which the nominee was nominated within 60 days from the time the panel
  4       of nominations for such position is submitted to the governor. If the
  5       governor fails to make the appointment within such time, the chief justice
  6       of the supreme court shall make such appointment from among the per-
  7       sons so nominated as provided in this section. When the appointment has
  8       been made and the person has informed the clerk of the supreme court
  9       in writing of the person's acceptance of such appointment, the clerk of
10       the supreme court shall so notify the chairperson of the supreme court
11       nominating commission who again shall cause the call a meeting of the
12       commission to meet and submit to the governor another panel of three
13       nominees for the lowest numbered position remaining on the court of
14       appeals for which no appointment has been made. The process of nom-
15       ination and appointment provided herein in this section shall be repeated
16       until nominations and appointments have been made for all positions on
17       the court of appeals for which appointments are to be made. Each ap-
18       pointment to the court of appeals shall be made from a separate panel of
19       nominees, and the appointment to each position shall be made and ac-
20       cepted before any other panel of nominees is submitted to the governor.
21       The nomination of a person on an earlier panel shall not preclude the
22       person's nomination on a subsequent panel.
23             Sec.  3. K.S.A. 20-3006 is hereby amended to read as follows: 20-
24       3006. (a) Persons who are appointed as judges of the court of appeals
25       pursuant to K.S.A. 20-3005 and amendments thereto shall commence the
26       duties of their office upon appointment, and each such judge shall have
27       all the rights, privileges, powers and duties prescribed by law for the office
28       of judge of the court of appeals. The initial terms term of office for per-
29       sons the person serving as judges judge of the court of appeals in positions
30       eight, nine and 10 position 11 shall expire January 14, 1991 12, 2004. The
31       initial term of office for the person serving as judge of the court of appeals
32       in position 12 shall expire January 10, 2005. The initial term of office for
33       the person serving as judge of the court of appeals in position 13 shall
34       expire January 9, 2006. The initial term of office for the person serving
35       as judge of the court of appeals in position 14 shall expire January 8, 2007.
36             (b)  (1) Not less than 60 days prior to the holding of the general elec-
37       tion next preceding the expiration of the term of any judge of the court
38       of appeals, the judge may file in the office of the secretary of state a
39       declaration of candidacy for retention in office. If a declaration is not so
40       filed as provided in this section, the position held by the judge shall be
41       vacant upon the expiration of the judge's term of office. If such declara-
42       tion is filed, the judge's name shall be submitted at the next general
43       election to the electors of the state on a separate judicial ballot, without

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  1       party designation, reading substantially as follows:
  2       ``Shall ________ (Here insert name of judge.), Judge of the Court of Appeals, be re-
  3       tained in office?''
  4             (2) If a majority of those voting on the question shall vote votes
  5       against retaining the judge in office, the position which the judge holds
  6       shall be vacant upon the expiration of the judge's term of office. Other-
  7       wise, unless the judge is removed for cause, the judge shall remain in
  8       office for a term of four years from the second Monday in January fol-
  9       lowing the election. At the expiration of each term, unless by law the
10       judge is compelled to retire, the judge shall be eligible for retention in
11       office by election in the manner prescribed in this section.
12             (3) If a majority of those voting on the question shall vote votes
13       against the judge's retention, the secretary of state, following the final
14       canvass of votes on the question, shall certify the results to the clerk of
15       the supreme court. Any such judge who has not been retained in office
16       pursuant to this section shall not be eligible for nomination or appoint-
17       ment to the office of judge of the court of appeals prior to the expiration
18       of four years after the expiration of the judge's term of office.
19             (4) Election laws applicable to the general election of other state of-
20       ficers shall apply to elections upon the question of retention of judges of
21       the court of appeals pursuant to this section, to the extent that they are
22       not in conflict with and are consistent with the provisions of this act. 
23       Sec.  4. K.S.A. 20-3002, 20-3003, 20-3005 and 20-3006 are hereby
24       repealed.
25        Sec.  5. This act shall take effect and be in force from and after its
26       publication in the statute book.