Session of 2000
SENATE BILL No. 618
By Senator Salisbury
2-9
9 AN ACT
concerning the judicial branch of government; relating to
10 courts; authority of
supreme court; amending K.S.A. 4-202, 4-203, 4-
11 204, 4-205, 4-206,
4-207, 4-208, 4-209, 4-210, 4-211, 4-212, 4-213, 4-
12 214, 4-215, 4-216,
4-217, 4-218, 4-219, 4-220, 4-221, 4-222, 4-223a, 4-
13 224, 4-225, 4-226,
4-227, 4-228, 4-229, 4-230, 4-231, 4-232 and 20-301
14 and K.S.A. 1999 Supp.
20-334 and repealing the existing sections; also
15 repealing K.S.A.
20-301b and K.S.A. 1999 Supp. 20-338.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 New Section
1. The supreme court of the state of Kansas shall al-
19 locate all judicial resources as the court
determines necessary and appro-
20 priate. The supreme court shall assign the
number of district judge po-
21 sitions and district magistrate judges as
currently provided by law to each
22 judicial district as the court determines
necessary. The supreme court
23 shall determine where each district
judges's and district magistrate judge's
24 office is to be located and shall assign
the county in which such judge
25 shall serve and hear cases.
26 Section
2. K.S.A. 4-202 is hereby amended to read as follows:
4-202.
27 The counties of Atchison and Leavenworth
shall constitute the first ju-
28 dicial district. Subject to the
provisions of K.S.A. 20-354a and amend-
29 ments thereto, there shall be four
district judges in such district.
30 Sec.
3. K.S.A. 4-203 is hereby amended to read as follows:
4-203.
31 The counties of Pottawatomie, Wabaunsee,
Jackson and Jefferson shall
32 constitute the second judicial district.
There shall be two district judges
33 in such district.
34 Sec.
4. K.S.A. 4-204 is hereby amended to read as follows:
4-204.
35 The county of Shawnee shall constitute the
third judicial district. There
36 shall be 13 district judges in such
district.
37 Sec.
5. K.S.A. 4-205 is hereby amended to read as follows:
4-205.
38 The counties of Franklin, Anderson, Coffey
and Osage shall constitute
39 the fourth judicial district. There
shall be three district judges in such
40 district.
41 Sec.
6. K.S.A. 4-206 is hereby amended to read as follows:
4-206.
42 The counties of Chase and Lyon shall
constitute the fifth judicial district.
43 There shall be two district judges
in such district.
2
1 Sec.
7. K.S.A. 4-207 is hereby amended to read as follows:
4-207.
2 The counties of Miami, Linn and
Bourbon shall constitute the sixth ju-
3 dicial district. There shall
be three district judges in such district. At least
4 one district judge position
shall be in Bourbon county.
5 Sec.
8. K.S.A. 4-208 is hereby amended to read as follows:
4-208.
6 The county of Douglas shall
constitute the seventh judicial district.
There
7 shall be four district judges
in such district.
8 Sec.
9. K.S.A. 4-209 is hereby amended to read as follows:
4-209.
9 The counties of Geary, Dickinson,
Marion and Morris shall constitute the
10 eighth judicial district. There
shall be four district judges in such district.
11 The judge holding one of the
district judge positions shall be a resident
12 of Dickinson, Marion or Morris
county and the judge holding another
13 such position shall be a resident
of Geary county. The position of the
14 third district judge shall be in
Marion county and the position of the
15 fourth district judge shall be in
Geary county.
16 Sec.
10. K.S.A. 4-210 is hereby amended to read as follows:
4-210.
17 The counties of McPherson and Harvey shall
constitute the ninth judicial
18 district. There shall be three
district judges in such district. At least one
19 district judge position shall be in
McPherson county and at least one shall
20 be in Harvey county.
21 Sec.
11. K.S.A. 4-211 is hereby amended to read as follows:
4-211.
22 The county of Johnson shall constitute the
10th judicial district. There
23 shall be 16 district judges in such
district.
24 Sec.
12. K.S.A. 4-212 is hereby amended to read as follows:
4-212.
25 The counties of Crawford, Cherokee and
Labette shall constitute the 11th
26 judicial district. There shall be
six district judges in such district.
27 The district
judges of the 11th judicial district shall hold court in
the
28 cities of Pittsburg and Girard in
Crawford county, the city of Columbus
29 in Cherokee county and the cities
of Parsons and Oswego in Labette
30 county.
31 Sec.
13. K.S.A. 4-213 is hereby amended to read as follows:
4-213.
32 The counties of Jewell, Mitchell, Lincoln,
Republic, Cloud, and Wash-
33 ington shall constitute the twelfth
judicial district. There shall be one
34 district judge in such
district.
35 Sec.
14. K.S.A. 4-214 is hereby amended to read as follows:
4-214.
36 The counties of Butler, Greenwood and Elk
shall constitute the 13th
37 judicial district. There shall be
three district judges in such district. The
38 judge holding one of the district
judge positions shall be a resident of
39 Greenwood or Elk county and the
judge holding another such position
40 shall be a resident of Butler
county. The position of the third district
41 judge shall be in Butler
county.
42 Sec.
15. K.S.A. 4-215 is hereby amended to read as follows:
4-215.
43 The counties of Montgomery and Chautauqua
shall constitute the 14th
3
1 judicial district. There
shall be three district judges in such district. At
2 least two district judge
positions shall be in Montgomery county.
3 The
district judges of the 14th judicial district shall hold court in
the
4 cities of Coffeyville and
Independence in Montgomery county and the
5 city of Sedan in Chautauqua
county.
6 Sec.
16. K.S.A. 4-216 is hereby amended to read as follows:
4-216.
7 The counties of Sherman, Thomas,
Sheridan, Cheyenne, Rawlins, Wal-
8 lace and Logan shall constitute the
15th judicial district. There shall be
9 two district judges in such
district.
10 Sec.
17. K.S.A. 4-217 is hereby amended to read as follows:
4-217.
11 The counties of Gray, Ford, Kiowa, Meade,
Clark and Comanche shall
12 constitute the 16th judicial district.
There shall be two district judges in
13 such district.
14 Sec.
18. K.S.A. 4-218 is hereby amended to read as follows:
4-218.
15 The counties of Decatur, Norton, Phillips,
Smith, Graham and Osborne
16 shall constitute the 17th judicial
district. There shall be one district judge
17 of the district court of the
district. The district magistrate judge holding
18 office in position one in Graham
county in the 15th judicial district, as
19 the district was constituted on the
day before the effective date of this
20 act, shall continue to hold office
for the term for which elected and shall
21 serve as district magistrate judge
of the 17th judicial district for that term
22 and until a successor is appointed
or elected and qualified.
23 Sec.
19. K.S.A. 4-219 is hereby amended to read as follows:
4-219.
24 The county of Sedgwick shall constitute the
18th judicial district. There
25 shall be 24 district judges in such
district.
26 Sec.
20. K.S.A. 4-220 is hereby amended to read as follows:
4-220.
27 The county of Cowley shall constitute the
19th judicial district. There
28 shall be three district judges in
such district.
29 Sec.
21. K.S.A. 4-221 is hereby amended to read as follows:
4-221.
30 The counties of Stafford, Barton, Russell,
Ellsworth and Rice shall con-
31 stitute the 20th judicial district.
There shall be three district judges in
32 such district. The judge holding
one of the district judge positions shall
33 be a resident of Stafford, Russell,
Ellsworth or Rice county and the judge
34 holding another such position shall
be a resident of Barton county. The
35 position of the third district
judge shall be in Barton county.
36 Sec.
22. K.S.A. 4-222 is hereby amended to read as follows:
4-222.
37 The counties of Riley and Clay shall
constitute the 21st judicial district.
38 There shall be three district
judges in such district. At least one district
39 judge position shall be in Riley
county.
40 Sec.
23. K.S.A. 4-223a is hereby amended to read as follows:
4-223a.
41 The counties of Doniphan, Brown, Nemaha and
Marshall shall constitute
42 the 22nd judicial district. There
shall be two district judges in such
43 district.
4
1 Sec.
24. K.S.A. 4-224 is hereby amended to read as follows:
4-224.
2 The counties of Gove, Trego, Rooks
and Ellis shall constitute the 23rd
3 judicial district. There
shall be two district judges in such district.
4 Sec.
25. K.S.A. 4-225 is hereby amended to read as follows:
4-225.
5 The counties of Edwards, Pawnee,
Rush, Hodgeman, Ness and Lane shall
6 constitute the twenty-fourth judicial
district. There shall be one district
7 judge of the district
court.
8 Sec.
26. K.S.A. 4-226 is hereby amended to read as follows:
4-226.
9 The counties of Scott, Wichita,
Greeley, Hamilton, Kearny and Finney
10 shall constitute the 25th judicial
district. There shall be three district
11 judges in such district. At least
two district judge positions shall be in
12 Finney county.
13 Sec.
27. K.S.A. 4-227 is hereby amended to read as follows:
4-227.
14 The counties of Stanton, Grant, Haskell,
Morton, Stevens and Seward
15 shall constitute the 26th judicial
district. There shall be two district judges
16 in such district.
17 Sec.
28. K.S.A. 4-228 is hereby amended to read as follows:
4-228.
18 The county of Reno shall constitute the
27th judicial district. There shall
19 be four district judges in such
district.
20 Sec.
29. K.S.A. 4-229 is hereby amended to read as follows:
4-229.
21 The counties of Saline and Ottawa shall
constitute the 28th judicial dis-
22 trict. There shall be four district
judges in such district. At least two
23 district judge positions shall be
in Saline county.
24 Sec.
30. K.S.A. 4-230 is hereby amended to read as follows:
4-230.
25 The county of Wyandotte shall constitute
the 29th judicial district. There
26 shall be 15 district judges in such
district.
27 Sec.
31. K.S.A. 4-231 is hereby amended to read as follows:
4-231.
28 The counties of Sumner, Harper, Kingman,
Barber and Pratt shall con-
29 stitute the 30th judicial district.
There shall be four district judges in such
30 district. At least one district
judge position shall be in Harper, Kingman,
31 Barber or Pratt county and at least
two such positions shall be in Sumner
32 county.
33 Sec.
32. K.S.A. 4-232 is hereby amended to read as follows:
4-232.
34 The counties of Allen, Neosho, Wilson and
Woodson shall constitute the
35 31st judicial district. There shall
be three district judges in such district.
36 The district
judge holding office in division number two in the
fourth
37 judicial district, as that district
was constituted on June 30, 1983, and the
38 district judge holding office in
division number four in the 11th judicial
39 district, as that district was
constituted on June 30, 1983, shall continue
40 to hold office for the terms for
which appointed and shall serve as district
41 judges of the 31st judicial
district for those terms and until successors are
42 appointed and qualified. The
associate district judge holding office in
43 position four in the 11th judicial
district, as that district was constituted
5
1 on June 30, 1983, shall
continue to hold office for the term for which
2 appointed and shall serve as
district judge of the 31st judicial district for
3 that term and until a
successor is appointed and qualified. The district
4 magistrate judges holding
office in positions one and four in the fourth
5 judicial district, as that
district was constituted on June 30, 1983, shall
6 continue to hold office for
the terms for which appointed and shall serve
7 as district magistrate judges
of the 31st judicial district for those terms
8 and until successors are
appointed and qualified.
9 The
district court of the 31st judicial district shall hold court in
the city
10 of Iola in Allen county, the cities
of Chanute and Erie in Neosho county,
11 the city of Fredonia in Wilson
county and the city of Yates Center in
12 Woodson county.
13 Sec.
33. K.S.A. 20-301 is hereby amended to read as follows:
20-301.
14 There shall be in each county a district
court, which shall be a court of
15 record, and shall have general original
jurisdiction of all matters, both
16 civil and criminal, unless otherwise
provided by law, and also shall have
17 such appellate jurisdiction as prescribed
by law. Each district court shall
18 have a judge assigned to such court by
the supreme court as provided in
19 section 1, and amendments
thereto.
20 Sec.
34. K.S.A. 1999 Supp. 20-334 is hereby amended to read as
21 follows: 20-334. (a) Subject to the
provisions of K.S.A. 20-2909 and
22 amendments thereto, any person who is
elected, retained in office or
23 appointed as a district judge shall:
24 (1) Have been
regularly admitted to practice law in the state of
25 Kansas;
26 (2) be a resident
of the judicial district for which elected or appointed
27 to serve at the time of taking the oath of
office and shall maintain resi-
28 dency in the judicial district while
holding office; and
29 (3) for a period
of at least five years, have engaged in the active prac-
30 tice of law as a lawyer, judge of a court
of record or any court in this state,
31 full-time teacher of law in an accredited
law school or any combination
32 thereof.
33 (b) Any person
who is elected, retained in office or appointed as a
34 district magistrate judge shall:
35 (1) Be a graduate
of a high school or secondary school or the equiv-
36 alent thereof;
37 (2) be a resident
of the county judicial district for which
elected or
38 appointed to serve at the time of taking
the oath of office and shall main-
39 tain residency in the
county judicial district while holding
office; and
40 (3) if not
regularly admitted to practice law in Kansas, be certified by
41 the supreme court, in the manner prescribed
by K.S.A. 20-337 and
42 amendments thereto, as qualified to serve
as a district magistrate judge.
43 Sec. 35. K.S.A. 4-202, 4-203,
4-204, 4-205, 4-206, 4-207, 4-208, 4-
6
1 209, 4-210, 4-211, 4-212, 4-213,
4-214, 4-215, 4-216, 4-217, 4-218, 4-219,
2 4-220, 4-221, 4-222, 4-223a, 4-224,
4-225, 4-226, 4-227, 4-228, 4-229, 4-
3 230, 4-231, 4-232, 20-301 and 20-301b
and K.S.A. 1999 Supp. 20-334 and
4 20-338 are hereby repealed.
5 Sec. 36. This act
shall take effect and be in force from and after its
6 publication in the statute book.