CHAPTER 174 HOUSE BILL No. 2297 An  Act concerning courts; relating to the court of appeals; amending K.S.A. 20-3002,
20-3005, 20-3006 and 46-234 and repealing the existing sections; also repealing K.S.A.
20-3003.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 20-3002 is hereby amended to read as follows: 20-
3002. (a) On and after January 1, 2003, through December 31, 2003, the
court of appeals shall consist of 10 11 judges whose positions shall be
numbered one to 10 11. On and after January 1, 2004, through December
31, 2004, the court of appeals shall consist of 12 judges whose positions
shall be numbered one to 12. On and after January 1, 2005, through
December 31, 2005, the court of appeals shall consist of 13 judges whose
positions shall be numbered one to 13. On and after January 1, 2006, the
court of appeals shall consist of 14 judges whose positions shall be num-
bered one to 14. Judges of the court of appeals shall possess the qualifi-
cations prescribed by law for justices of the supreme court.

      (b) Judges of the court of appeals shall be selected in the manner
provided by K.S.A. 20-3003 through 20-3010, 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 per-
formance of such judge's official duties in the same manner and to the
same extent justices of the supreme court are reimbursed for such ex-
penses.

      (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.

      Sec.  2. K.S.A. 20-3005 is hereby amended to read as follows: 20-
3005. On the respective July 1, 1987, pursuant to subsection (a) of K.S.A.
20-3002, and amendments thereto, the clerk of the supreme court shall
notify the chairperson of the supreme court nominating commission of
the number of vacant positions on the court of appeals to be filled by
appointment. Upon receipt of such notice, the chairperson shall cause
the call a meeting of the commission to meet and submit to the governor
a panel of three nominees for the lowest numbered position on the court
of appeals for which an appointment is to be made. The governor shall
appoint one of such nominees to the position on the court of appeals for
which the nominee was nominated within 60 days from the time the panel
of nominations for such position is submitted to the governor. If the
governor fails to make the appointment within such time, the chief justice
of the supreme court shall make such appointment from among the per-
sons so nominated as provided in this section. When the appointment has
been made and the person has informed the clerk of the supreme court
in writing of the person's acceptance of such appointment, the clerk of
the supreme court shall so notify the chairperson of the supreme court
nominating commission who again shall cause the call a meeting of the
commission to meet and submit to the governor another panel of three
nominees for the lowest numbered position remaining on the court of
appeals for which no appointment has been made. The process of nom-
ination and appointment provided herein in this section shall be repeated
until nominations and appointments have been made for all positions on
the court of appeals for which appointments are to be made. Each ap-
pointment to the court of appeals shall be made from a separate panel of
nominees, and the appointment to each position shall be made and ac-
cepted before any other panel of nominees is submitted to the governor.
The nomination of a person on an earlier panel shall not preclude the
person's nomination on a subsequent panel.

      Sec.  3. K.S.A. 20-3006 is hereby amended to read as follows: 20-
3006. (a) Persons who are appointed as judges of the court of appeals
pursuant to K.S.A. 20-3005 and amendments thereto shall commence the
duties of their office upon appointment, and each such judge shall have
all the rights, privileges, powers and duties prescribed by law for the office
of judge of the court of appeals. The initial terms term of office for per-
sons the person serving as judges judge of the court of appeals in positions
eight, nine and 10 position 11 shall expire January 14, 1991 10, 2005. The
initial term of office for the person serving as judge of the court of appeals
in position 12 shall expire January 8, 2007. The initial term of office for
the person serving as judge of the court of appeals in position 13 shall
expire January 8, 2007. The initial term of office for the person serving
as judge of the court of appeals in position 14 shall expire January 12,
2009.

      (b)  (1) Not less than 60 days prior to the holding of the general elec-
tion 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 so
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 declara-
tion 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?''

      (2) If a majority of those voting on the question shall vote 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. Other-
wise, 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 fol-
lowing 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.

      (3) If a majority of those voting on the question shall vote 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 appoint-
ment 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.

      (4) Election laws applicable to the general election of other state of-
ficers 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 act.

      Sec.  4. K.S.A. 46-234 is hereby amended to read as follows: 46-234.
No elected state officer shall within one year after the expiration of such
officer's last term receive any civil appointment to a state office which
was created by law during the last term for which such person had been
elected, and all such appointments shall be void. Upon resignation by an
elected state officer, such person may be appointed to any elective state
office to fill a vacancy. As used in this section, the term ``civil appointment
to a state office'' shall not include an additional district judge position
created by K.S.A. 20-355, and amendments thereto, or an additional
court of appeals judge position created by K.S.A. 20-3002, and amend-
ments thereto.

 Sec.  5. K.S.A. 20-3002, 20-3003, 20-3005, 20-3006 and 46-234 are
hereby repealed.
 Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2001.
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