CHAPTER 99 SENATE BILL No. 21 An  Act concerning the judicial branch of state government; relating to the nomination and
selection of justices and judges; relating to the court of appeals; concerning the judicial
branch budget; amending K.S.A. 20-119, 20-120, 20-122, 20-123, 20-124, 20-125, 20-
126, 20-129, 20-133, 20-138, 20-2904, 20-2905, 20-2906, 20-2909, 20-2914, 20-3004,
75-3718 and 75-3721 and K.S.A. 2002 Supp. 20-158, 20-2915, 20-3002 and 20-3006 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 20-119 is hereby amended to read as follows: 20-
119. The member who is to be chairman chairperson of the supreme
court nominating commission shall be selected in the following manner:
The clerk of the supreme court, in March of any year in which the chair-
person is to be elected by members of the bar, shall send by ordinary first-
class mail to all members of the bar eligible to vote a notice that such
election is to be held and advising how nominations for such office may
be made. Any member or group of members of the bar resident of and
licensed to practice law in Kansas, may, on or before April 1, 1959, file
in writing by mail or otherwise, in the office of the clerk of the supreme
court, a nomination in writing accompanied by the written consent of the
nominee, of a qualified individual for such office. After the nominations
have been made the clerk of the supreme court shall, on or before the
first day of May, 1959 1, shall send by ordinary first class United States
mail to each of the members of the bar who are residents of and licensed
to practice law in Kansas, a list of all the names and places of residence
of the qualified nominees together with a ballot, in such form as may be
prescribed by the said such clerk, for voting upon said such nominees.

      Each member of the bar receiving such ballot may cast one (1) vote
thereon for one (1) of the nominees named and shall return the ballot by
mail in time to be received by the clerk by on or before May 15, 1959.
All ballots received at the office of the clerk by said such date shall be
counted and the nominee receiving the greatest number of votes cast
shall be the chairman chairperson member of said such commission: Pro-
vided, however, except that if there are more than two (2) nominees and
no one (1) of them receives a majority of the votes cast, the names of the
two (2) receiving the greatest number of votes shall be resubmitted for
vote by ballot in like manner as is herein prescribed for the first ballot,
said. Such second ballot to be mailed on or before June 15, 1959, and
voted and returned so as to be received at the office of the clerk by on
or before July 1, 1959.

      Sec.  2. K.S.A. 20-120 is hereby amended to read as follows: 20-120.
The members of the supreme court nominating commission to be chosen
from among the members of the bar of each congressional district shall
be selected in the following manner: The clerk of the supreme court, in
March of any year in which a member of the commission is to be elected
by members of the bar, shall send by ordinary first-class mail to all mem-
bers of the bar eligible to vote for the member to be elected a notice that
such election is to be held and advising how nominations for such office
may be made. Any member or group of members of the bar resident of
the congressional district and licensed to practice law in Kansas may, on
or before April 1, 1959, file in writing by mail or otherwise in the office
of the clerk of the supreme court, a nomination accompanied by the
written consent of the nominee, of a qualified individual who resides in
the same congressional district, as member of the commission from that
district. After the nominations have been made the said clerk shall, on or
before the first day of May 1, 1959, shall send by ordinary first class
United States mail to each of the members of the bar who are residents
of the congressional district and licensed to practice law in Kansas, a list
of all the names and places of residence of the qualified nominees for
that district, together with a ballot in such form as the clerk may prescribe,
for voting upon said such nominees.

      Each member of the bar receiving such ballot may cast one (1) vote
thereon for one (1) of the district nominees named and shall return the
ballot by mail in time to be received at the office of the clerk by on or
before May 15, 1959. All ballots received at the office of the clerk by said
such date shall be counted by congressional districts and the nominee in
each district receiving the greatest number of votes cast in the district
shall be a member of the commission from that district: Provided, how-
ever,, except that if in any district there are more than two (2) nominees
and no one (1) of them receives a majority of the votes cast in the district,
the names of the two (2) receiving the greatest number of votes shall be
resubmitted in the district for vote by ballot in like manner as is herein
prescribed for the first ballot, said. Such second ballot to be mailed on or
before June 15, 1959, and returned in time so as to be received at the
office of the clerk by on or before July 1, 1959.

      Sec.  3. K.S.A. 20-122 is hereby amended to read as follows: 20-122.
The clerk of the supreme court may use the roster of attorneys in his the
clerk's office licensed to practice law in Kansas, and the edition of the
Martindale-Hubbel legal directory, current at the time of mailing the
ballots, for ascertaining the names and places of residence of those en-
titled to receive ballots and for ascertaining the qualifications of those
nominated for membership on the commission. The clerk shall supply
with each ballot distributed by him a certificate to be signed and returned
by the member of the bar voting such ballot, evidencing the qualifications
of such member of the bar to vote, and certifying that the voted ballot
returned by him was voted ballot was voted by the certifying voter.

      To the end that the vote cast may be secret a separate envelope shall
be provided for the ballot, in which the voted ballot only shall be placed,
and the envelope containing the voted ballot shall be returned in an en-
velope, also to be supplied by the clerk, together with the signed certif-
icate. No ballot not accompanied by the signed certificate of the voter
shall be counted. When the voted ballots are received by the clerk they
shall be separated from the certificates by the canvassers, and after the
ballots are counted and the results certified both the ballots and the cer-
tificates shall be preserved by the clerk for a period of six (6) months and
he shall permit no one shall be permitted to inspect them except on order
of the supreme court. At the end of such six (6) months period the clerk
shall, unless otherwise ordered by the supreme court, shall destroy them.

      Sec.  4. K.S.A. 20-123 is hereby amended to read as follows: 20-123.
When the chairman chairperson and other members of the commission
chosen by the members of the bar have been elected, and after the names
of the nonlawyer members appointed by the governor have been certified
to the clerk of the supreme court as provided in this act provided, the
said clerk shall make a record thereof in his the clerk's office and shall
notify the members of the commission of their election and appointment.
The commission shall meet from time to time as may be necessary to
discharge the responsibilities of the commission,. Such meetings to shall
be held at such place in the state house in Topeka, Kansas, as the clerk
of the supreme court may arrange, and. Such meeting shall be held upon
the call of the chairman chairperson, or in the event of his the chairper-
son's failure to call a meeting when a meeting be is necessary, upon the
call of any four (4) members of the commission. The commission shall
act only at a meeting, and may act only by the concurrence of a majority
of its members. The commission shall have power to adopt such reason-
able and proper rules and regulations for the conduct of its proceedings
and the discharge of its duties as are consistent with this act and the
constitution of the state of Kansas.

      Sec.  5. K.S.A. 20-124 is hereby amended to read as follows: 20-124.
The governor shall appoint the first nonlawyer members of the commis-
sion, one (1) from each congressional district, and certify the names of
such appointees to the clerk of the supreme court on or before May 15,
1959. Thereafter, As terms of office of nonlawyer members from each
congressional district are about to expire, their successors shall be ap-
pointed by the governor and the names of such appointees certified by
the governor to the said clerk of the supreme court before their terms of
office begin. Any vacancy occurring among the nonlawyer members of
the commission shall be filled by appointment by the governor within ten
(10) 10 days after he the governor has notice of such vacancy, for the
unexpired term of the member whose place is being filled, and the name
of such appointee shall be certified to the clerk. All appointments by the
governor shall be without regard to the political affiliations of the ap-
pointees.

      Sec.  6. K.S.A. 20-125 is hereby amended to read as follows: 20-125.
The term of office of the chairman chairperson of the commission shall
be for as many years as there are, at the time of his such chairperson's
election, congressional districts in the state. The terms of office of the
first members of the commission selected by the members of the bar
from the congressional districts, and the terms of office of the nonlawyer
members appointed by the governor, shall be as follows: First district
members for one (1) year, second district members for two (2) years,
third district members for three (3) years, fourth district members for
four (4) years, fifth district members for five (5) years, and sixth district
members for six (6) years. The terms of office of the first members of the
commission shall begin on July 1, 1959. Except for those appointed to fill
vacancies all terms of office for members of the commission subsequently,
elected or appointed, shall be for as many years as there are, at the time
of their election or appointment, congressional districts in the state.

      Sec.  7. K.S.A. 20-126 is hereby amended to read as follows: 20-126.
The selection of subsequent members of the commission by the members
of the bar shall be in like manner as is prescribed in K.S.A. 20-119 and
20-120, and amendments thereto, for the selection of the first members,
and nominations shall be made and ballots mailed and returned within
the times of the years when such elections are held as correspond to the
times mentioned in K.S.A. 20-119 and 20-120, and amendments thereto,
except that In any uncontested election, the nominee shall be declared
elected without preparation of a ballot. The clerk of the supreme court,
in March of any year in which a member of the commission is to be
elected by members of the bar, shall send by ordinary first class mail to
all members of the bar eligible to vote for the member to be elected a
notice that such election is to be held and advising how nominations for
such office may be made.

      Sec.  8. K.S.A. 20-129 is hereby amended to read as follows: 20-129.
In the event of redistricting which changes the number of congressional
districts in the state, the members of the commission as constituted at
the time of redistricting shall continue to be members of the commission
until the first day of July following the expiration of four (4) months after
such redistricting becomes effective, on which. Except for the chairperson
on such date, the terms of all members of the commission except that of
chairman shall expire. During the four (4) months immediately preceding
such termination of office, new commissioners shall be elected and ap-
pointed from the newly constituted congressional districts in the same
manner which is provided in this act for election and appointment of the
first commissioners. The terms of elected and appointed members first
chosen from such newly constituted districts shall be staggered on the
basis of the number of such districts and their successors shall be elected
and appointed in such manner and for such terms as provided in this act
provided.

      Sec.  9. K.S.A. 20-133 is hereby amended to read as follows: 20-133.
It is the intent of this act that the members of the commission shall consist
only of those persons whose purpose it will be to recommend for ap-
pointment on the supreme court only lawyers or judges of recognized
integrity, character, ability and judicial temperament, and whose conduct
will conform to the letter and the spirit of the constitutional amendment
implemented by this act. The commission shall take cognizance of the
fact that the best qualified nominees may be those whom it would be
most difficult to persuade to serve. Accordingly the commission shall not
limit its consideration to persons who have been suggested by others or
to persons who have indicated their willingness to serve. The commission
may, if it sees fit to do so, tender nominations to one (1) or more qualified
persons, prior to and subject to the formal action of the commission in
making its nominations, in order to ascertain whether such person will
agree to serve if nominated. Under no circumstances may the commission
describe potential nominees as applicants or otherwise suggest that they
are seeking to be nominated.

      Sec.  10. K.S.A. 20-138 is hereby amended to read as follows: 20-138.
The compensation and expenses of the supreme court nominating com-
mission, the expenses of the members of a district judicial nominating
commission and the compensation of the clerk, and his clerk's expenses
for supplies, equipment, and clerical and other assistance necessary to
carry out the provisions of this act, including official hospitality and any
expenses and clerical assistance necessary to perform his the clerk's duties
with respect to the nonpartisan selection of district court judges, shall be
paid from the judicial nominating commissions fund, which fund is hereby
created in the state treasury and made available to the commission and
the clerk of the supreme court for such purposes available funds. The
director of accounts and reports is hereby authorized to draw his warrants
on the treasurer of state against said fund for the use and purposes spec-
ified in this section upon the presentation of vouchers duly itemized and
approved by the clerk of the supreme court. The supreme court nomi-
nating commission fund is hereby abolished, and on the effective date of
this act, the state treasurer shall transfer all moneys in said fund to the
judicial nominating commissions fund created herein.

      Sec.  11. K.S.A. 20-2904 is hereby amended to read as follows: 20-
2904. (a) Lawyer members of the district judicial nominating commission
shall be elected by the lawyers who are qualified electors of the judicial
district and who are registered with the clerk of the supreme court pur-
suant to rule 201 208 of such court. Each lawyer member of a district
judicial nominating commission shall be a qualified elector of such judicial
district. The number of lawyer members to be elected to the district
judicial nominating commission of a judicial district shall be as follows:

      (1) In a judicial district consisting of a single county, the number of
members elected shall be equal to the number of nonlawyer members
appointed pursuant to subsection (a)(1) of K.S.A. 20-2905, and amend-
ments thereto.

      (2) In a judicial district consisting of two counties, four members shall
be elected.

      (3) In a judicial district consisting of three or more counties, the num-
ber of members elected shall equal the number of counties in such ju-
dicial district.

      (b) Between December 1 and December 15 of the year in which
nonpartisan selection of judges of the district court is approved by the
electors of the judicial district as provided in K.S.A. 20-2901, and amend-
ments thereto, the clerk of the supreme court shall send to each lawyer
by ordinary first class mail a form for nominating one lawyer for election
to the commission. Any such nomination shall be returned to received in
the office of the clerk of the supreme court on or before January 1 of the
following year, together with the written consent of the nominee. After
receipt of all nominations which are timely submitted, the clerk shall
prepare a ballot containing the names of all lawyers so nominated and
shall mail one such ballot and instructions for voting such ballot to each
registered lawyer in the judicial district. Ballots shall be prepared in such
manner that each lawyer receiving the same shall be instructed to vote
for the same number of nominees as not more than the number of po-
sitions to be filled. Each such ballot shall be accompanied by a certificate
to be signed and returned by the lawyer voting such ballot, evidencing
the qualifications of such lawyer to vote and certifying that the ballot was
voted by such person. In any judicial district in which the number of
nominees does not exceed the number of positions to be filled, the clerk
shall declare those nominees to be elected without preparation of a ballot.

      In order to insure that the election of lawyer members is by secret
ballot, the clerk shall provide a separate envelope for the ballot, in which
the voted ballot only shall be placed, and the envelope containing the
voted ballot shall be placed in another envelope, also to be supplied by
the clerk, together with the signed certificate, and returned to received
in the office of the clerk of the supreme court prior to on or before Feb-
ruary 15 of such year. The ballots so returned as provided in this section
shall be canvassed within five days thereafter. The canvassers shall consist
of the clerk of the supreme court and two or more persons who are
registered members of the bar residing in Kansas, either practicing law-
yers, justices or judges, designated to act as such by the chief justice. The
canvassers shall open and canvass the ballots and shall tabulate and sign
the results as a record in the office of the clerk. Any ballot which does
not contain separate votes for nominees equal in number to the number
of persons to be elected shall be void and shall not be counted.

      (c) After the ballots are counted and tabulated in descending order
from the nominee receiving the highest number of votes the canvassers
shall declare to be elected those nominees who are equal in number to
the number of lawyers to be elected and who have the greatest number
of votes.

      In the event of a tie creating more nominees to be elected than there
are positions to be filled, the canvassers shall determine the person or
persons to be elected by lot. In the event that less than the required
number of lawyers is elected, the positions for which lawyers have not
been elected shall be declared vacant and the vacancies filled in the man-
ner prescribed by subsection (e) of K.S.A. 20-2906, and amendments
thereto.

      (d) The procedure provided in this section for election of lawyers to
serve as members of the first district judicial nominating commission es-
tablished in a judicial district shall apply to the election of lawyers to
succeed lawyer members of the commission whose terms of office expire,
except that the form for submitting a nomination shall be sent between
December 1 and December 15 of the year preceding the year in which
such terms of office expire, and the dates prescribed for submission of
nominations and the mailing, returning and canvassing of ballots shall
apply in the year in which such terms of office expire.

      Sec.  12. K.S.A. 20-2905 is hereby amended to read as follows: 20-
2905. (a) The appointments of nonlawyer members of a district judicial
nominating commission shall be made as follows:

      (1) In a judicial district consisting of a single county, each member
of the board of county commissioners of such county shall appoint one
nonlawyer to serve as a member of the nominating commission.

      (2) In a judicial district consisting of two (2) counties, the board of
county commissioners of each such county shall appoint two (2) nonlaw-
yers to serve as members of the nominating commission.

      (3) In a judicial district consisting of three (3) or more counties, the
board of county commissioners of each such county shall appoint one
nonlawyer to serve as a member of the nominating commission.

      Each nonlawyer member of the nominating commission shall be a qual-
ified elector of the county from which he or she such member is ap-
pointed.

      (b) All appointments of nonlawyers to serve as members of the first
district judicial nominating commission of a judicial district shall be made
and certified to the clerk of the supreme court prior to on or before
February 15 of the year following the general election at which the non-
partisan selection of judges of the district court is approved. Thereafter,
all appointments of nonlawyers to serve for full terms on the commission
shall be made and certified to the clerk of the supreme court prior to on
or before February 15 of the year in which such terms of office com-
mence.

      Sec.  13. K.S.A. 20-2906 is hereby amended to read as follows: 20-
2906. (a) All members of the district judicial nominating commission who
are elected or appointed to full terms of office shall commence their terms
of office on the first Monday in March following their election or ap-
pointment, and shall serve for terms of four years, except that lawyer
members of the first nominating commission established in a judicial dis-
trict shall serve for terms of office as provided in subsection (b), and
nonlawyer members of the first commission shall serve for terms of office
as provided in subsection (c).

      No member of a district judicial nominating commission, while such
member is a member, shall hold any office or official position in a political
party or be eligible for nomination to the position of judge of the district
court.

      (b) The terms of office for lawyer members of the first nominating
commission established in a judicial district shall be determined by lot at
the first meeting of the commission in accordance with the following:

      (1) Where there are three lawyer members of a commission, two of
such members shall serve for terms of one year and one such member
shall serve for a term of three years.

      (2) Where there are four lawyer members on a commission, two such
members shall serve for terms of one year and two such members shall
serve for terms of three years.

      (3) Where there are five lawyer members on a commission, three
such members shall serve for terms of one year and two such members
shall serve for terms of three years.

      (4) Where there are six lawyer members on a commission, three such
members shall serve for terms of one year and three such members shall
serve for terms of three years.

      (5) Where there are seven lawyer members on a commission, four
such members shall serve for terms of one year and three such members
shall serve for terms of three years.

      (c) The terms of office for nonlawyer members of the first nominating
commission established in a judicial district shall be determined by lot at
the first meeting of the commission in accordance with the following:

      (1) Where there are three nonlawyer members of a commission, one
such member shall serve for a term of one year and two such members
shall serve for terms of three years.

      (2) Where there are four nonlawyer members of a commission, two
such members shall serve for terms of one year and two such members
shall serve for terms of three years.

      (3) Where there are five nonlawyer members of a commission, two
such members shall serve for terms of one year and three such members
shall serve for terms of three years.

      (4) Where there are six nonlawyer members of a commission, three
such members shall serve for terms of one year and three such members
shall serve for terms of three years.

      (5) Where there are seven nonlawyer members of a commission,
three such members shall serve for terms of one year and four such
members shall serve for terms of three years.

      (d) In determining terms of office of members of the first nominating
commission established in a judicial district pursuant to subsections (b)
and (c), the supreme court shall prescribe the method of determining the
terms by lot. Any method or procedure so prescribed shall be officiated
by the chairperson of the commission. Upon the expiration of the terms
of office provided in subsections (b) and (c), successors shall be selected
for terms of four years in the same manner as the members whose terms
of office are expiring were selected.

      (e) Whenever a vacancy for any reason other than the expiration of a
term of office shall occur in a lawyer's position on the district judicial
nominating commission, leaving an unexpired term of office of more than
90 days, the chief justice of the supreme court shall appoint a successor
of like qualifications to serve until the first Monday in March that occurs
more than 90 days after the date of the vacancy or until the end of the
unexpired term, whichever occurs first. If such first Monday in March
occurs prior to the end of the unexpired term, a lawyer of like qualifica-
tions shall be elected in the manner prescribed by subsection (d) of K.S.A.
20-2904, and amendments thereto, to serve from such Monday in March
until the end of the unexpired term. If any such vacancy occurs in a
lawyer's position on the nominating commission leaving an unexpired
term of office of 90 days or less, there shall be no appointment or election
of a successor to fill the unexpired term.

      (f) Whenever a vacancy for any reason other than the expiration of a
term of office shall occur in a nonlawyer's position on the district judicial
nominating commission, a successor of like qualification shall be ap-
pointed for the unexpired term in the same manner as the member whose
position is vacant was appointed. Such successor shall serve until the end
of the unexpired term.

      Sec.  14. K.S.A. 20-2909 is hereby amended to read as follows: 20-
2909. (a)  (1) Whenever a vacancy occurs in the office of judge of the
district court in any judicial district, or whenever a vacancy will occur in
such office on a specified future date, the chief justice of the supreme
court promptly shall give notice of such vacancy to the chairperson of the
district judicial nominating commission of such judicial district.

      (2) The chairperson shall call a meeting of the commission to be held,
in consultation with members of the commission, within five days after
receipt of such notice, shall set a schedule for accepting nominations and
conducting interviews for the purpose of nominating persons for appoint-
ment to such office. It shall be the duty of the commission to nominate
not less than two nor more than three persons for each office which is
vacant, and shall submit the names of the persons so nominated to the
governor. Any person so nominated shall have the qualifications pre-
scribed by subsection (b) of K.S.A. 20-2903 and amendments thereto,
and in order to obtain the best qualified persons as nominees, the com-
mission shall not limit its consideration of potential nominees to those
persons whose names have been submitted to the commission or who
have expressed a willingness to serve. The commission may authorize one
or more members of the commission to tender a nomination to any qual-
ified person in order to ascertain the person's willingness to serve if nom-
inated, but any such tender of nomination shall be subject to final action
of the commission under the conditions prescribed by subsection (b) of
K.S.A. 20-2907 and amendments thereto. Under no circumstances shall
the commission refer to or describe potential nominees as applicants or
otherwise suggest that such persons are seeking to be nominated.

      (3) In order that a vacancy in the office of judge of the district court
does not exist for an inordinate length of time, the commission shall con-
duct the business of selecting nominees for appointment to such office
and certifying the same to the governor as promptly and expeditiously as
possible, having due regard for the importance of selecting the best pos-
sible nominees. In no event shall the commission submit its nominations
to the governor more than 30 45 days after the date the chief justice has
notified the nominating commission that a vacancy occurs is to be filled,
unless the chief justice permits an extension of such time period.

      (b) If there are not at least two attorneys deemed qualified by the
district judicial nominating commission who reside in the judicial district
and who are willing to accept the nomination to fill a vacancy in a district
judge position, the nominating commission need not limit its considera-
tion of nominees to attorneys residing in the judicial district; however,.
In cases where there is one such attorney, such attorney shall be one of
the nominees submitted to the governor. If an appointee is not a resident
of the judicial district at the time of appointment to a district judge po-
sition, the appointee shall establish residency in the judicial district before
taking office and thereafter shall maintain such residency while holding
such office.

      Sec.  15. K.S.A. 20-2914 is hereby amended to read as follows: 20-
2914. (a) Whenever a vacancy shall occur in the office of district magis-
trate judge in any judicial district which has approved the proposition of
nonpartisan selection of district court judges, or whenever a vacancy will
occur in such office on a specified future date, the chief justice of the
supreme court promptly shall give notice of such vacancy to the chair-
person of the district judicial nominating commission of such judicial dis-
trict. Said The chairperson shall call a meeting of the commission to be
held, in consultation with members of the commission, within five (5) days
after receipt of such notice, shall set a schedule for accepting nominations
and conduction interviews for the purpose of selecting a person to fill
such vacancy. Any person so selected shall have the qualifications pre-
scribed by subsection (c) of K.S.A. 20-334, and in order to obtain the best
qualified person as a district magistrate judge, the commission shall not
limit its consideration of potential appointees to those persons whose
names have been submitted to the commission or who have expressed a
willingness to serve. The commission may authorize one (1) or more
members of the commission to tender an appointment to any qualified
person in order to ascertain his or her such person's willingness to serve
if appointed; but. Any such tender of appointment shall be subject to final
action of the commission under the conditions prescribed by subsection
(b) of K.S.A. 20-2907, and amendments thereto. Under no circumstances
shall the commission refer to or describe potential appointees as appli-
cants or otherwise suggest that such persons are seeking to be appointed.

      (b) Any appointment made pursuant to subsection (a) shall be con-
tingent upon the acceptance of such appointment by the person so ap-
pointed and, if such person is not regularly admitted to practice law in
Kansas, the appointment shall be made on a temporary basis until such
person has been certified by the supreme court as qualified to hold such
office, in the manner provided by K.S.A. 20-337, and amendments
thereto.

      Sec.  16. K.S.A. 2002 Supp. 20-2915 is hereby amended to read as
follows: 20-2915. (a) Whenever a vacancy in the office of district magis-
trate judge exists at the time the appointment to fill such vacancy is made
as provided in K.S.A. 20-2914 and amendments thereto, the appointment
shall be effective at the time it is made, but where any such appointment
is made to fill a vacancy which will occur at a future date, such appoint-
ment shall not take effect until such date. Whenever a vacancy in the
office of district magistrate judge exists at the time the appointment to fill
such vacancy is made as provided in K.S.A. 20-2914, and amendments
thereto, the appointment shall be effective as of the official appointment
date set by the supreme court.

      (b) Any person appointed to the office of district magistrate judge as
provided in K.S.A. 20-2914 and amendments thereto, shall commence
upon the duties of office on the date such appointment takes effect, and
any such person appointed shall have all the rights, privileges, powers and
jurisdiction prescribed by law for the office of district magistrate judge.
Except as otherwise provided in K.S.A. 20-337 and amendments thereto,
any such judge shall be eligible for retention in office in the same manner
and under the same conditions prescribed by law for the retention of
district judges in judicial districts which have approved the proposition of
nonpartisan selection of district court judges.

      Sec.  17. K.S.A. 20-3004 is hereby amended to read as follows: 20-
3004. (a) In addition to the powers and duties prescribed by K.S.A. 20-
119 to through 20-131, inclusive and amendments thereto, the supreme
court nominating commission established by section 5 of article 3 of the
constitution of the state of Kansas shall nominate persons to serve as
judges of the court of appeals as provided in this act. To carry out its
duties under this act, the commission shall meet only upon call of the
chairman chairperson, and the commission shall not take any final action
except at such meeting. For the purpose of this act, a majority of the
commission shall constitute a quorum to do business, but no final action
shall be taken except upon a vote of the majority of the members of the
commission. For the purposes of this act, the commission shall not be
subject to the Kansas open meetings act as provided in K.S.A. 75-4317
et seq., and amendments thereto.

      (b) Any person nominated by the commission to serve as a judge of
the court of appeals shall have the qualifications prescribed by subsection
(a) of K.S.A. 20-3002 and shall be a person of recognized integrity, char-
acter, ability, experience and judicial temperament, to the end that per-
sons serving as judges of the court of appeals will be the best qualified
therefor. In order to obtain the best qualified persons as nominees, the
commission shall not be limited in its consideration of potential nominees
to those persons whose names have been submitted to the commission
or who have expressed a willingness to serve.

      (c) The commission may authorize one or more members of the com-
mission to tender a nomination to any qualified person in order to ascer-
tain his or her such person's willingness to serve if nominated, but any
such tender of nomination shall be subject to final action of the commis-
sion under the conditions prescribed by subsection (a). Under no circum-
stances shall the commission refer to or describe potential nominees as
applicants or otherwise suggest that such persons are seeking to be nom-
inated.

      (d) No member of the supreme court nominating commission shall
be eligible for nomination for the office of judge of the court of appeals
while a member of such commission or for six months thereafter.

      Sec.  18. K.S.A. 2002 Supp. 20-3002 is hereby amended to read as
follows: 20-3002. (a) On and after January 1, 2003, through December
31, 2003 2004, the court of appeals shall consist of 11 judges whose po-
sitions shall be numbered one to 11. On and after January 1, 2004 2005,
through December 31, 2004 2005, the court of appeals shall consist of
12 judges whose positions shall be numbered one to 12. On and after
January 1, 2005 2006, through December 31, 2005 2006, the court of
appeals shall consist of 13 judges whose positions shall be numbered one
to 13. On and after January 1, 2006 2007, the court of appeals shall consist
of 14 judges whose positions shall be numbered one to 14. Judges of the
court of appeals shall possess the qualifications 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.  19. K.S.A. 2002 Supp. 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 com-
mence the duties of office upon appointment, and each 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 term of office for the person
serving as judge of the court of appeals in position 11 shall expire January
10, 2005. The initial term of office for the person serving as judge of the
court of appeals in position 11 and 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 13 and 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 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 declaration 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 des-
ignation, 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 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. Otherwise, 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 following 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 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 appointment 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.  20. K.S.A. 2002 Supp. 20-158 is hereby amended to read as
follows: 20-158. The chief justice of the supreme court shall be respon-
sible for the preparation of the budget for the judicial branch of state
government, with such assistance as the chief justice may require from
the judicial administrator, the chief judge of the court of appeals and the
chief judge of each judicial district. Each district court and the court of
appeals shall submit their budget requests to the chief justice in such
form and at such time as the chief justice may require. The chief justice
shall submit to the director of the budget legislature the annual budget
request for the judicial branch of state government for inclusion in the
annual budget document for appropriations for the judiciary. Such budget
shall be prepared and submitted in the manner provided by K.S.A. 75-
3716 and 75-3717 and amendments thereto. Such budget shall include
the request for expenditures for retired justices and judges performing
judicial services or duties under K.S.A. 20-2616 and amendments thereto
as a separate item therein. The director of the budget shall review and
may make such recommendations to the legislature for proposed changes
in such budget as the director deems necessary and appropriate.

      Sec.  21. K.S.A. 75-3718 is hereby amended to read as follows: 75-
3718. (a) The director of the budget shall have in continuous process and
revision a tentative budget for the coming years, in the light of direct
studies of the operations, plans and needs of the state agencies and of the
existing and prospective sources of revenue. Except as otherwise provided
by this section, after summarizing estimates of funds which may be avail-
able and the estimated requirements for the several state agencies, the
director shall cause them to be reviewed in relation to the general finan-
cial condition and needs of the state and shall cause to be made such
further inquiries and investigations, and such revision of the tentative
budget, as the director may deem necessary.

      (b) Not later than November tenth 10 of each year, the director of
the budget shall notify each state agency in writing of any revision of its
the agency's requests and the agency affected may request a hearing
thereon on such revision which request may be filed within ten (10) 10
days after receipt of notice but, in any case, not later than November
twentieth 20 of such year. If requested, the secretary of administration
shall hold hearings on the tentative budget at which the administrative
head of each state agency or the representative of such administrative
head shall be entitled to be heard. The hearings provided for herein in
this section shall be concluded not later than December 15 of such year.

      (c) The director of the budget shall not revise the budget estimate for
the judicial branch of state government that is submitted pursuant to
K.S.A. 20-158, and amendments thereto.

      Sec.  22. K.S.A. 75-3721 is hereby amended to read as follows: 75-
3721. (a) On or before the eighth calendar day of each regular legislative
session, the governor shall submit the budget report to the legislature,
except that in the case of the regular legislative session immediately fol-
lowing the election of a governor who was elected to the office of governor
for the first time, that governor shall submit the budget report to the
legislature on or before the 21st calendar day of that regular legislative
session.

      (b) The budget report of the governor shall be set up in three parts,
the nature and contents of which shall include the following:

      (1) Part one shall consist of a budget message by such governor, in-
cluding the governor's recommendations with reference to the fiscal pol-
icy of the state government for the current fiscal year and the ensuing
fiscal year, describing the important features of the budget plan for each
of the fiscal years included, embracing a general budget summary setting
forth the aggregate figures of the budget so as to show the balanced
relation between the total proposed expenditures and the total anticipated
income for the current fiscal year and the ensuing fiscal year, with the
basis and factors upon which the estimates were made, and the means of
financing the budget plan for the each of the fiscal years included, com-
pared with the corresponding figures for at least the last completed fiscal
year, and the director of the budget shall prepare the figures for the
governor for such comparisons.

      (A) The budget plan shall not include (i) any proposed expenditures
of anticipated income attributable to proposed legislation that would pro-
vide additional revenues from either current or new sources of revenue,
or (ii) any proposed expenditures of moneys in the ending balance in the
state general fund required by K.S.A. 75-6702, and amendments thereto.

      (B) The general budget summary may be supported by explanatory
schedules or statements, classifying the expenditures contained therein
by state agencies, objects, and funds, and the income by state agencies,
funds, sources and types. The general budget summary shall include all
special or fee funds as well as the state general fund, and shall include
the estimated amounts of federal aids, for whatever purpose provided,
together with estimated expenditures therefrom.

      (2) Part two shall embrace the detailed budget estimates for each of
the fiscal years included, both of expenditures and revenues, showing the
requests of the state agencies, if any, and the incoming governor's rec-
ommendations thereon. It shall also include statements of the bonded
indebtedness of the state, showing the actual amount of the debt service
for at least the last completed fiscal year, and the estimated amount for
the current fiscal year and for each of the ensuing fiscal years included,
the debt authorized and unissued, and the condition of the sinking funds.

      (3) Part three shall consist of a draft of a legislative measure or meas-
ures reflecting the incoming governor's budget for all of the fiscal years
included in the budget report.

      (c) The division of the budget shall compile a children's budget doc-
ument consisting of the information contained in agency budget estimates
regarding programs that provide services for children and their families.
Such document shall be provided to the joint committee on children and
families; the Kansas commission on children, youth and families, estab-
lished by the governor's executive order number 91-145;, and other per-
sons or entities on request.

      (d) The division of the budget, upon request, shall furnish the gov-
ernor or the legislature with any further information required concerning
the budget.

      (e) Nothing in this section shall be construed to restrict or limit the
privilege of the governor to present supplemental budget messages or
amendments to previous budget messages, which may include proposals
for expenditure of new or increased sources of revenue derived from
proposed legislation.

      (f) The budget estimate for the judicial branch of state government as
submitted to the director of the budget pursuant to K.S.A. 20-158, and
amendments thereto, shall be included in the governor's budget report.

 Sec.  23. K.S.A. 20-119, 20-120, 20-122, 20-123, 20-124, 20-125, 20-
126, 20-129, 20-133, 20-138, 20-2904, 20-2905, 20-2906, 20-2909, 20-
2914, 20-3004, 75-3718 and 75-3721 and K.S.A. 2002 Supp. 20-158, 20-
2915, 20-3002 and 20-3006 are hereby repealed.

 Sec.  24. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 21, 2003.
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